HomeMy WebLinkAboutFCS-16-119 - Amendment of Liquor License Condition - Dallas, 312 King Street West
REPORT TO: Finance and Corporate Services Standing Committee
DATE OF MEETING: August 8, 2016
SUBMITTED BY: Christine Tarling, Director of Legislated Services & City Clerk,
519-741-2200, ext. 7809
PREPARED BY: Christine Tarling, Director of Legislated Services & City Clerk,
519-741-2200, ext. 7809
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: July 22, 2016
REPORT NO.: FCS-16-119
SUBJECT: Dallas, 312 King Street West Amendment of Liquor License
Condition
___________________________________________________________________________
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute an amendment to the licensing
agreement with 1725194 Ontario Limited (o/a Dallas located at 312 King Street
West, Kitchener, ON) to replace Condition 4 of the Agreement with the following:
. To obtain the services of at least one paid off-duty Police Officer:
(a) onFriday nights;
(b) onSaturday nights if the threshold of 500 attendees has been reached
for three consecutive Saturday nights until such time as the threshold
of 500 attendees on a Saturday night has not been met for three
consecutive Saturdays; and,
(c) at any other time as deemed appropriate by the owner/management of
the facility; and further,
greement with
1725194 Ontario Limited (o/a Dallas located at 312 King Street West, Kitchener,
ON) has been amended and that the City has no objection to the AGCO modifying
the conditions of the corresponding liquor licence accordingly.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
1 - 1
BACKGROUND:
Previously, in accordance with the Council resolution of April 19, 1999, all applicants for
applications and requested to complete an information form. The former Liquor Licence
Application Review Committee (LLARC), which was comprised of City staff and a
representative of the Downtown Kitchener Business Improvement Area (DKBIA), would
review the form and make recommendations to Council as to whether or not the
application was contrary to the public interest. The Committee also made
recommendations for conditions on the license which used to be recognized by the
Alcohol and Gaming Commission of Ontario (AGCO) for the issuance of the liquor
license. This procedure also applied to amendments to liquor licences that had been
reviewed by the Committee in the past.If a business wished to have any conditions
amended or removed from their agreement, the matter would be taken to Council for
consideration and approval.
When report CRPS-07-101 came forward to Council on September 10, 2007 regarding
1725194 Ontario Limited (o/a Dallas located at 312 King Street West, Kitchener, ON),
the now-disbanded Liquor License Application Review Committee (LLARC) presented a
number of criteria that were considered in support of the recommendations put forward
how long the business operator had been in the hospitality business;
liquor license suspensions for the operator;
noise complaints against the businesses of the operator;
Provincial Offences Notices issued;
proximity to other licensed establishments;
proximity to existing dwelling units;
the occupant load and floor area of the business;
the ratio of liquor sales to gross sales;
proportion of the premises dedicated to ancillary entertainment;
hours of operation; and,
target market of the business.
Council approved the eight (8) recommended conditions to be added to the licensing
agreement dated October 31, 2007 (a)for 1725194 Ontario
Limited (Dallas).
Since that time, LLARC was disbanded in 2015 because the Alcohol and Gaming
conditions on liquor licenses and because the landscape of the downtown has changed
Notwithstanding the disbanding of LLARC, staff feels the existing agreements between
in order to
amend any conditions within these agreements. The owner of Dallas, Darryl Moore (the
Applicant), is now seeking to amend acondition within his licensing
agreement with the City.
1 - 2
REPORT:
In his letter dated June 14, 2016 , the Applicant requests to
amend Condition #4 of the Dallas To obtain the services of at
least one paid off-duty Police Officer on Friday and Saturday nights and at any other
time as deemed appropriate bTo obtain the
services of at least one paid off-duty PoliceOfficer on Friday night, and at any other
time as deemed appropriate by the owner/management of the facility".
In rationalizing his request, the Applicant states that in the years since the resolution
was passed, attendance on Saturday nights has waned, and heno longer deems it
necessaryto have a paid off-duty Police Officer on thatnight.Additionally, the
Applicant believes that throughout his eight (8) years of operation, he has worked
diligently to ensure that presence on KingStreet has had minimal negative effect
onitsneighbours, the Waterloo Region Police Service(WRPS), and the city in general.
He indicates that he feelshehasearned the respect of neighbours and peers, and has
proven the business is aconscientious purveyor of alcohol and entertainment in the
downtown core. The Applicantfeels this has been achieved, in part, through their on-
sitein-house security staff who are well-trained to respond quickly and competently to
issues.
The requirement for the paid off-duty Police Officer was driven by the correlation
between the attendance numbers in the club and the potential for problems such as
fighting and property damage in the downtown core. In speaking with the Applicant,
there is an acknowledgement that attendance on Saturday nights might improve in the
future and so he has indicated a willingness to reinstate the paid off-duty Police Officer
should that occur on a consistent basis.It should be noted that Dallas is the only known
business in the downtown core with the condition to have a paid off-duty Police Officer
on any operating night.
Shaena Morris, Inspector, Central Division of the WRPS, has indicated su
recommendation for the reasons stated by Mr. Moore. Inspector Morris looked at police
incident statistics, and conferred with officers who regularly patrol the downtown as well
as those officers who have been paid off-duty officers at Dallas. As well, she reported
there have not been any complaints made to WRPS by citizens, residents or other
businesses concerning Dallas. Inspector Morris emphasized the need to reasonably
support responsible business owners such as the Applicant, especially during difficult
times.
The AGCO was also consulted and has stated
Linda Jutzi, Executive Director, the Downtown Kitchener BIA commented that Mr.
Moore has always responsibly honoured the conditions for any special events involving
Dallas. She indicated she has not received any complaints from other downtown
Kitchener businesses regarding Dallas and would be comfortable supporting an
amended condition providing there is support from the WRPS.
-Law Enforcement Division, Ms. Gloria MacNeil has
reported only a couple of parking issues but expressed these would not have been
resolved by the paid off-duty Police Officer and so is supportive of the recommendation.
1 - 3
are expressed from WRPS,
the AGCO, the DKBIA, and By-Law Enforcement.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
Services/Licensing operating budget.
COMMUNITY ENGAGEMENT:
INFORM
advance of the council / committee meeting.
CONSULT The following internal and external process partners were consulted:
Waterloo Regional Police Services;
Alcohol and Gaming Commission of Ontario;
Downtown Kitchener Business Improvement Area;
City of Kitchener By-Law Enforcement; and,
City of Kitchener Legal Services.
PREVIOUS CONSIDERATION OF THIS MATTER:
(OPTIONAL HEADING)
CRPS-07-101 Liquor License Review Application 1604907 Ontario Limited (o/a
Dallas) 312 King Street West
ACKNOWLEDGED BY:
Dan Chapman, Deputy CAO, Finance & Corporate Services
1 - 4
1 - 5
1 - 6
1 - 7
1 - 8
1 - 9