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HomeMy WebLinkAboutCRPS-06-084 - Addendum to CRPS-06-079 - Request to Sell Alcohol in Parking Lot #7 - 91 Queen St. S.l K KR Corporate Services REPORT Report To: Mayor C. Zehr and Members of Council Date of Meeting: May 29, 2006 Submitted By: R. Gosse, Director of Legislated Services/City Clerk Prepared By: Patricia Harris, Manager of Licensing Ward(s) Involved: Date of Report: May 23, 2006 Report No.: CRPS-06-084 Subject: FURTHER INFORMATION TO REPORT CRPS-06-079 - REQUEST TO SELL ALCOHOL IN PARKING LOT #7 - 91 QUEEN STREET SOUTH RECOMMENDATION: For information only. BACKGROUND: At the Finance and Corporate Services Committee meeting of May 15, 2006 the committee considered a request from Kevin Callum, owner of Sharper Images to hold a customer appreciation barbecue which would include the sale of alcohol, on the City owned parking located at 91 Queen Street South. A decision on the request was deferred to the May 29, 2006 Council meeting in order that staff provides further information. REPORT: Staff was requested to determine the ownership of the parking lot at 91 Queen Street South. It has been determined that this lot is owned by the City of Kitchener. Council Policy I-325 (Municipal Alcohol Policy -Special Occasion Permits) states in Section 1.(c) that all City of Kitchener open parks, sports fields... and related areas such as parking lots be designated as not suitable for Special Occasion Permit (or liquor licensed events) unless it is a municipally approved event in a clearly designated and restricted area. It should also be noted that according to Provincial regulations a Special Occasion Permit cannot be obtained from the Alcohol and Gaming Control Commission if the liquor is being sold for private profit. In discussion with the Legal Department if Council wishes to grant the request to permit the applicant to hold a customer appreciation barbecue and sell alcohol as per the attached Report CRPS-06-079 it should be subject to the applicant signing an agreement satisfactory to the City Solicitor. Some of the conditions that the applicant would be required to agree to are as follows: 1. That the applicant has obtained a liquor licence and agrees to abide by the conditions set by the Alcohol and Gaming Control Commission of the Province of Ontario. 2. The applicant has liability insurance to a limit satisfactory to the City's Risk Manager. 3. There is a clearly delineated area for the barbecue and the sale of alcohol 4. The applicant restores the condition of the parking lot to its original condition after the event. 5. The applicant clearly states the hours of operation of the event. 6. The applicant pays the projected loss of revenue for the parking lot if it is used during regular business hours. Parking operations also indicated that the area west of the Pay and Display machine (machine to Queen Street South) would be the only area authorized for this event. The area east of the machine is reserved parking. CONCLUSION: It continues to be staff's opinion that the applicant be authorized space for the purposes of a customer appreciation barbecue only. A suggested resolution is as follows: That the Mayor and Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with Kevin Callum and the City of Kitchener regarding a customer appreciation barbecue, provided no alcohol is served on the City parking lot at 91 Queen Street South as set out in Report CRPS-06-084 dated May 23, 2006. MRS) PATRICIA HARRIS MANAGER OF LICENSING