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HomeMy WebLinkAboutCRPS-06-060 - Liquor Licence Application for "Relax" located at 91 Queen St. S. Report To: Committee of the Whole Date of Meeting: April 3, 2006 Submitted By: Jennifer Sheryer Prepared By: Jennifer Sheryer Ward(s) Involved: Date of Report: April 3, 2006 Report No.: CRPS-06-60 Subject: LIQUOR LICENCE APPLICATION FOR "RELAX" LOCATED AT 91 QUEEN ST. S., KITCHENER 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 withdraw its resolution of January 30, 2006 opposing issuance of a liquor licence for the establishment to be located at 91 Queen St. S. and take no action to oppose the application for a liquor license for "Relax", located at 91 Queen St. S., Kitchener applied for by 1623315 Ontario Ltd. (623315 Ontario Ltd. as filed with AGCO, proper company name to be confirmed) with shareholders and directors Serguei Totikov and Raisa Rattsan (herein referred to as the "Applicant"); And further that; Council authorize the Manager of Downtown Community Development on behalf of the City 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 & Entertainment Committee and attend its meetings; 3. To abide to a set 40% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in the application (in other words, alcohol sales will be limited to 40% of gross refreshment sales); 4. To stop serving alcohol by 1:00 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). EXECUTIVE SUMMARY: BACKGROUND: The Liquor Licence Application Review Committee (LLARC) brought a report forward to Council on January 23, 2006. The report recommended that Council oppose issuance of a liquor licence to Raisa Rattsan who we understood at that time to be the sole applicant. Council passed the resolution as recommended by LLARC. The reasons that LLARC recommended opposition to the licence were as follows: 1) security concerns were not addressed; 2) capacity of the establishment was not ascertained; 3) the AGCO's mandatory placard had not been displayed; and 4) the applicant had not been available to answer questions or supply further information. A hearing has been scheduled by the AGCO to review the application at the City's request. The hearing is scheduled for April 6, 2006 and the City just received notice of this hearing on March 31, 2006. REPORT: Marty Schreiter from the Kitchener Downtown Business Association has received new information about the applicant and establishment since Council passed the resolution opposing issuance of the licence. Marty Schreiter spoke to Mr. Totikov who seems to be more involved with the business than Raisa Rattsan and was shown a satisfactory business plan. He viewed the establishment and said that the renovations are top-notch with high quality furniture and fixtures. He also saw high level sound and security equipment, and an industrial quality commercial kitchen with stainless steel appliances. Mr. Schreiter felt that the quality commercial kitchen added credibility to the applicant's plans to offer an extensive menu. He also believed that the security equipment combined with Mr. Totikov's plans to have staff monitor the entrance of the business on busy nights was adequate in light of the relatively small capacity of the business. The placard was displayed inside the establishment and was not visible to the public however neighbours within 1 and a half blocks distance were circulated and the City received no comments in opposition to the establishment. KDBA is now prepared to support the applicant. Fire Prevention Officer Tom Ruggle has verified capacity at 148 including staff and that the establishment is satisfactory from a fire standpoint. In light of this new information LLARC no longer wishes that the application be opposed and requests Council to reconsider its previous resolution. FINANCIAL IMPLICATIONS: n/a COMMUNICATIONS: CONCLUSION: Jennifer Sheryer, Assistant City Solicitor