HomeMy WebLinkAboutFCS-11-157 - Liquor Licence Review Application - Da Vinci Caffe Bar, Restaurant & Caffee - 21 Weber St WREPORT TO:Finance and Corporate Services Committee
DATE OF MEETING:
August 15, 2011
SUBMITTED BY: Liquor Licensing Review Committee
PREPARED BY:
Patricia Harris, Manager of Licensing, 2854
WARD(S) INVOLVED: 10
DATE OF REPORT: August 2, 2011
REPORT NO.:
FCS-11-157
SUBJECT:
LIQUOR LICENCE REVIEW APPLICATION - DA VINCI
CAFFE BAR, RESTAURANT & PIZZERIA - 21 WEBER ST.
WEST
RECOMMENDATION:
That subject to the applicant entering into an agreement with the City including certain
conditions of operating a licensed establishment as set out below, that council take no
action to oppose the application for a liquor license for Da Vinci Caffe Bar, Restaurant &
Pizzeria located at 21 Weber Street West, applied for by Dejan Kerkez (herein referred to
as the “Applicant”) and further
That the Mayor and Clerk be authorized to enter into an agreement with the applicant
should he be willing wherein the applicant agrees to abide by the following conditions
and to request they be added to his licence if the Alcohol and Gaming Commission of
Ontario chooses to issue the licence:
1. to post in a conspicuous place and abide by the Downtown Licensed Establishments
Code of Conduct;
2. to become an active member of the Downtown Kitchener Business Improvement
Area’s License and Entertainment Committee and attend its meetings;
3. to abide by a set 35% monthly ratio of alcohol sales to gross refreshment sales
(including food and other sundries) in other words alcohol sales will be limited to 35%
of gross refreshment sales;
4. to stop serving alcohol by 12:01 a.m. daily in the first year of operation and thereafter
to stop serving alcohol by 2:00 a.m. daily;
5. to notify the Clerk of the City of Kitchener in writing of any application to change the
license at the time the application for the change is made to the Alcohol and Gaming
Commission, and not to expand the establishment without the consent of the City
Council;
6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and
7. these conditions shall bind all successors, assigns and subsequent licence holders
(if any)
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BACKGROUND:
In accordance with the Council resolution of April 19, 1999, all applicants for liquor licenses in
the downtown are to be notified of Council’s policy regarding their application and requested to
complete an information form. The Liquor License Application Review Committee (LLARC)
which is comprised of City staff and a representative of the Downtown Kitchener Business
Improvement Area (DKBIA), reviews the information form and makes a recommendation to
Council as to whether or not the application is contrary to public interest.
REPORT:
This report deals with a liquor licence application for a restaurant referred to as Da Vinci Caffe
Bar, Restaurant & Pizzeria located at 21 Weber Street West.
LIQUOR LICENSE APPLICATION REVIEW COMMITTEE (LLARC) COMMENTS:
The LLARC reviewed the information supplied by the applicant, together with other information
available with respect to each of the eight criteria set out in the resolution passed by Council
April 19, 1999.
a) The owner’s and/or operator’s performance record, including by-law violations,
building/health code infractions and liquor licence offences.
This is the first establishment that the applicant has owned. The applicant has
applied for a Class A-Place of Refreshment licence with the City of Kitchener.
b) The proximity of the premises to other licensed establishments
There are no licensed establishments within close proximity of this establishment.
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c) The proximity of the premises to other uses such as existing dwelling units
There are no residential units located in close proximity to the establishment.
d) The size of the premises – occupant load and floor area
The establishment is 1400 square feet. It is known that a portion of this area applied
to the location of tables, kitchen area, washrooms, bar, etc. A sketch of the floor
plan as requested in the City’s liquor licence application is attached. The occupant
load that was provided indicated 40 persons for the interior of the building.
e) The ratio of liquor sales to gross sales
The applicant anticipates the percentage of liquor sales as a percentage of gross
sales to be 35%.
f) The proportion of the premises dedicated to ancillary entertainment
The applicant anticipates the percentage of ancillary entertainment to be 20%.
g) The hours of operation
The applicant has indicated that the establishment will be open Monday to Thursday
9 a.m. to 10 p.m. and 9 a.m. to 2 a.m. Friday and Saturday.
h) Any other comments the Committee considered relevant
None
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Community Priority – Dynamic Downtown
The Liquor Licence Review Committee is in place to review all establishments that propose to
sell liquor in the Downtown Core. This allows Council to then review and provide comments
regarding these establishments to the Alcohol and Gaming Commission of Ontario (AGCO) in
order to continue to provide a safe and dynamic downtown core.
FINANCIAL IMPLICATIONS:
None
COMMUNITY ENGAGEMENT:
Inform – A copy of the report will be provided to the Applicant prior to the Council Committee
meeting date.
Consult – Property owners immediately adjacent to 21 Weber Street West were verbally
consulted by KDBIA and Downtown Development staff – of those consulted, there were no
concerns.
ACKNOWLEDGED BY:
D. Chapman, Deputy CAO and City Treasurer, Finance and
Corporate Services
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