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HomeMy WebLinkAboutCRPS-06-123 - Liquor Licence Review Application - East African Café - 50 Ontario St. S.l K KR Corporate Services REPORT Report To: Councillor B. Vrbanovic, Chair and Members of the Finance and Corporate Services Committee Date of Meeting: August 21, 2006 Submitted By: Liquor Licensing Review Committee Prepared By: Patricia Harris, Manager of Licensing Wards} Involved: 6 Date of Report: August 11, 2006 Report No.: CRPS-06-123 Subject: LIQUOR LICENCE REVIEW APPLICATION -EAST AFRICAN CAFE - 50 ONTARIO STREET SOUTH 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 license for East African Cafe located at 50 Ontario Street South applied for by Afework Girmayie (herein referred to as the "Applicant'}; And further that: Council authorize the Mayor and Clerk to enter into an agreement with the applicant should it be willing wherein the applicant agrees to abide by the following conditions and to request they be added to its licence if the AGCO 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 a member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; 3. To abide to 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's Council; 6. To comply with the noise by-law and the smoking by-law; and 7. 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 applications 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 KDBA, 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 East African Cafe located at 50 Ontario Street South. LIQUOR LICENSE 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 Council on April 19,1999. a~ The owner's andlor operator's performance record, including by-law violations, building/health code infractions and liquor license offences This is the first establishment that the Applicant has owned. The Applicant has applied for a Place of Refreshment Licence from the City for this location. Staff has no outstanding issues and are unaware of any complaints with respect to this location. b) The proximity of the premises to other licensed establishments There are three licensed establishments in the immediate vicinity: Classico's Bar Cafe, 30 Ontario Street South, Boa Nova at 6 Charles St., and Ellison's Bistro at 14 Charles St. W. c) The proximity of the premises to other uses such as existing dwelling units There are residential apartments located at 26 Ontario St. S. and a permanent residence on the upper floor of 6 Charles Street West. d) The size of the premises -occupant load and floor area The establishment is 113 square metres. It is known that a portion of this area applied to the location of 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 was provided indicating 30 persons. 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 18% which is less than other restaurant operations. f) The proportion of the premises dedicated to ancillary entertainment The applicant intends to have one pool table, a soccer table and a video game which will use approximately 20 square metres of the establishment. g) The hours of operation The applicant has indicated that the establishment will be operated seven days a week between the hours of 9 a.m. and 10:00 p.m. h) Any other comments the Committee considers relevant. None COMMUNICATIONS: Property owners in the immediate vicinity of 50 Ontario Street South were asked for comments. At the writing of this report, no comments had been received. A copy of this report will be provided to the Applicant prior to the Committee date. CONCLUSION: Staff is enthusiastic at the opportunity to welcome yet another new restaurant to the downtown. Although this restaurant is not currently open with a menu to review, staff feel the detail that the Applicant has provided in their architectural drawings suggests a commitment to the project. This restaurant represents one of KDBA's objectives, which is for small to medium size restaurants in the downtown which blend into the multicultural flavour already present in the downtown. Patricia Harris Silvia Wright Manager of Licensing Manager of Downtown & Community Development Marty Schreiter, Executive Director Kitchener Downtown Business Association