HomeMy WebLinkAboutFCS-13-130 - Licquor Licence Application - Union Burger - 281 King Street West
REPORT TO:
Finance and Corporate Services Committee
DATE OF MEETING:
August 12, 2013
SUBMITTED BY:
Liquor Licensing Review Committee
PREPARED BY: Patricia Harris, Manager of Licensing, 7854
WARD(S) INVOLVED:
9
DATE OF REPORT:
August 2, 2013
REPORT NO.: FCS-13-130
SUBJECT: LIQUOR LICENCE REVIEW APPLICATION – UNION
BURGER – 281 KING STREET 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 licence for Union Burger located at 281 King
Street West, applied for by Obsidian Group Inc. (herein referred to as the “Applicant” and
further
That the Mayor and Clerk be authorized to enter into an agreement with the applicant
should they be willing wherein the applicant agrees to abide by the following conditions
and to request they be added to their 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 30% monthly ratio of alcohol sales to gross refreshment sales
(including food and other sundries) in other words alcohol sales will be limited to 30%
of gross refreshment sales;
4. 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 Business Improvement
Area (DKBIA), reviews this 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 Union Burger
located at 281 King Street West.
LIQUOR LICENCE 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 City
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 business is owned by the same parent company that owns Crabby Joe’s and
Coffee Culture. There are no known by-law violations, building/health code infractions or
liquor licence offences.
b) The proximity of the premises to other licensed establishments
There are eight licensed establishments within one block of the applicant. They are:
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271 King St. W – 271 King St. W., Guanaquita Restaurant – 273 King St. W. Upper,
Frankie’s Pub – 273 King St. W., Caesaria – 320 King St. W., Dallas – 312 King St. W.,
Slices – 300 King St. W., Pho 95 Vietnamese Family Restaurant – 323 King St. W.,
McCabe’s – 352 King St. W.
c) The proximity of the premises to other uses such as existing dwelling units
There are no existing dwelling units in close proximity to this establishment
d) The size of the premises – occupant load and floor area
The establishment is 173 square metres (1,863 square feet). It is known that a portion
of this area applied to the location of the 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 52 persons (interior) and 34 persons
(exterior).
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 2%.
f) The proportion of the premises dedicated to ancillary entertainment
The applicant has indicated that there will be no ancillary entertainment
g) The hours of operation
The applicant has indicated that the establishment will be operated 7 days per week
from 11 a.m. to 11 p.m.
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 the establishment 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 281 King Street West were verbally
consulted by the 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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