HomeMy WebLinkAboutFCS-13-175 - Request to Amend Liquor Licence Agreement - Bread Heads Inc - 16 Duke St E Staff Report
I r finance and Corporate Services Department wvwuukitchenerra
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: November 18, 2013
SUBMITTED BY: Liquor Licensing Review Committee
PREPARED BY: Patricia Harris, Manager of Licensing, 741-2200 ext. 7854
WARD(S) INVOLVED: 10
DATE OF REPORT: November 8, 2013
REPORT NO.: FCS-13-175
SUBJECT: REQUEST TO AMEND LIQUOR LICENCE AGREEMENT—
BREAD HEADS INC. — 16 DUKE STREET EAST
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 Bread
Heads Inc. located at 16 Duke Street East, applied for by Bread Heads 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 Bread Heads Inc., located at 16 Duke Street East 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 12:01 a.m. daily in the first year of operation and thereafter
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 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
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6. these conditions shall bind all successors, assigns and subsequent licence holders
(if any)
BACKGROUND:
A request has been received from David O'Leary, President of Bread Heads Inc. to amend the
liquor licence agreement approved by City Council on October 28, 2013 from his name, as the
applicant, to Bread Heads Inc.
REPORT:
On May 15, 2013 the business known as Bread Heads, operated as a sole proprietorship by
David O'Leary, was changed to a corporate entity known as Bread Heads Inc. When Mr.
O'Leary completed the Request for Information — Liquor Licence Applicants in Downtown
Kitchener form he inadvertently used his name as the applicant instead of the corporate name.
It is therefore necessary to amend the already approved Council resolution of October 28, 2013
to Bread Heads Inc. as the applicant.
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:
The community has been informed of this report and recommendation by virtue of the public
posting on the City's website the week prior to the meeting.
ACKNOWLEDGED BY: D. Chapman, Deputy CAO and City Treasurer, Finance and
Corporate Services
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