HomeMy WebLinkAboutCRPS-05-097 - Permission to Operate Sidewalk Patio - 85 King St. W. (Dandy's Restaurant)
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Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Committee of the Whole
May 30,2005
Jennifer Sheryer
Jennifer Sheryer
Ward 6
May 24, 2005
CRPS-05-097
REQUEST FOR PERMISSION TO OPERATE SIDEWALK
PATIO - 85 KING ST. W. (DANDY'S RESTAURANT)
RECOMMENDATION:
That subject to the payment of all required licence fees and the conditions set out below, the
Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City
Solicitor with the operator of Dandy's Restaurant, located at 85 King Street West, for the
operation of a sidewalk patio for the period commencing the date this agreement is signed by all
parties to October 31, 2005.
Prior to commencement of patio operation that:
1. the patio operator demonstrates to a City Fire Prevention Officer that the entire building
located at 85 King S1. W. is currently in compliance with the requirements of the Ontario
Fire Code;
2. flower boxes and flowers therein be installed;
3. New patio umbrellas be installed;
4. the existing fibreglass tables be freshly painted;
5. the large garbage bin will be replaced with smaller garbage containers such containers
to be satisfactory to and installed to the satisfaction of KDBA;
6. large sign be posted to warn of no loitering beyond 20 minutes and prohibiting bicycles
and/or animals from being tied to the patio fencing; and
7. List of rules will be posted on the patio including such items as "no shirt, no shoes, no
service, no loitering, no bicycles or dogs chained to the patio, no profanity allowed, no
spitting on sidewalk, and no government cheques will be cashed for patrons or
customers."
That during operation of the patio:
1. the entire building located at 85 King St. W. and the patio be proactively maintained in
compliance with the requirements of the Ontario Fire Code;
2. The patio will be under supervision at all times;
3. garbage containers will not be permitted to be used as tables;
4. zero tolerance with respect to cat calling, profanity, or other behaviour disruptive to
downtown residents, patrons or business people be enforced;
5. zero tolerance for impaired patrons;
6. strict enforcement of the shoes and shirt dress code requirement take place; and
7. flowers in the flower boxes be maintained appropriately.
And furthermore that the Agreement will provide that upon any alleged violation of any provision
of the Agreement that the Manager of Licensing may suspend the permission to operate the
patio granted under the Agreement until the next Council meeting at which time Council may
consider the alleged violation and may suspend permission to operate the patio or terminate the
Encroachment Agreement effective immediately;
And furthermore that Council directs that any complaints or comments passed through the City
of Kitchener Licensing Division by KDBA or others will be immediately brought to the attention of
Dandy's Restaurant management.
EXECUTIVE SUMMARY:
BACKGROUND:
At the Finance and Corporate Services Committee held on May 2, 2005, staff recommended
that Dandy's application for a patio encroachment agreement be refused. This recommendation
was largely based on the concerns raised by the Kitchener Downtown Business Association. At
the Council meeting held on May 9, 2005, the operator of Dandy's attended and offered to
undertake a number of improvements and adhere to any rules the City and/or the KDBA wished
to impose in order to obtain permission to operate the sidewalk patio. Council deferred
consideration of the request until May 30, 2005 to allow the business operator to meet with
KDBA for review of his proposal. Council asked staff to provide wording for a recommendation
including delegation of authority to staff to deal with the patio operation during the summer
months in case Council would decide to approve the patio operation agreement.
REPORT:
KDBA has met with the patio operator, Mr. Bardouniotis and is prepared to recommend Council
approval of the patio encroachment agreement for the establishment on the terms set out in the
recommendation above.
The Fire Department has concerns with a patio encroachment agreement being granted to
Dandy's. Mr. Bardouniotis is responsible for the overall maintenance of the entire building at
that address. He has not been proactive in dealing with violations of the Fire Code. The Fire
Deoartment believes that he should have to demonstrate onaoina comoliance for several
months before beina aranted this orivileae bv the Citv.
FINANCIAL IMPLICATIONS:
n/a
COMMUNICATIONS:
n/a
CONCLUSION:
Jennifer Sheryer,
Assistant City Solicitor