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Home My WebLink AboutFCS-13-155 - Liquor Licence Review Application - Union Burger - 281 King Street WestStaff Report Finance and Corporate Services Department REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: October 21, 2013 SUBMITTED BY: Liquor Licensing Review Committee PREPARED BY: Patricia Harris, Manager of Licensing, 7854 WARD(S) INVOLVED: 9 DATE OF REPORT: October 7, 2013 REPORT NO.: FCS -13 -155 wvmkitrhener ra SUBJECT: LIQUOR LICENCE REVIEW APPLICATION — UNION BURGER — 281 KING STREET WEST RECOMMENDATION: That subject to the AGCO deciding not to hold a hearing with respect to this application for a liquor licence and 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 at this time to oppose the application for a liquor license for Union Burger located at 281 King Street West, applied for by Jack's Cafe Inc. (herein referred to as the "Applicant "); That should the AGCO decide to hold a hearing with respect to the application for a liquor license for Union Burger, located at 281 King Street West and applied for by the Applicant, the City request party status at the hearing and notwithstanding any agreement entered into with the Applicant may change its position stated in this recommendation in response to evidence presented or heard at that hearing; 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 participate as an active member of the Downtown Kitchener Business Improvement Area's License and Entertainment Committee if such a committee is established; 2. 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; 3. to stop serving alcohol by 2:00 a.m. daily; 4. 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; 5. to comply with the Noise By -law and the Region of Waterloo Smoking By -law; and 1 -1 6. these conditions shall bind all successors, assigns and subsequent licence holders (if any) 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. The parent company (Obsidian Group Inc.) originally applied for the liquor licence for this establishment. Since then a franchise owner has assumed the operation of this location. Obsidian Group notified the AGCO and withdrew their application. Therefore, a new review of the liquor licence application was required. REPORT: This report deals with a liquor licence application for a restaurant referred to as Union Burger located at 281 King Street West. (picture below is a rendering) 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 is a franchise operator of Obsidian Group Inc. who also owns Crabby Joe's and Coffee Culture. There are no known violations, building /health code infractions or liquor licence offences. b) The proximity of the premises to other licensed establishments 1 -2 There are eight licensed establishments within one block of the applicant. They are: 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 50 persons (interior) and 32 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 1%. 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 Sunday to Thursday — 11:00 a.m. to 10:00 p.m. and Friday and Saturday — 11 a.m. to 11 p.m. h) Any other comments the Committee considered relevant Waterloo Regional Police have been notified of this application and will forward any comments directly to the Alcohol and Gaming Commission of Ontario (AGCO). 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. 1 -3 ACKNOWLEDGED BY: D. Chapman, Deputy CAO and City Treasurer, Finance and Corporate Services i�AI 4/07/2003 22;23 5193609916 J SUGAJSKi PAGE 02 K !eA „ ', '�.�,- f','} :, . `!`''� � 'Yr'.', ... ••,] �Y. ...... �; �..F .!.', r' ...... ,,,ar. . ,... I, ", rr �'. ,.. ..... rr... ..,.., .... ... J -d '..,., .... �,. i b I v i Ft�?`5: CGDi =� IIIr Ghr+l.�rlr..rf�[ih:. I I � lb.0 �TI�1J ON!.T. 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