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Home My WebLink AboutCAO-06-001 - Liquor License Application Relax - 91 Queen St South1 ~~~ Kl~~cx~~~,R Economic Development - .. Report To: Finance & Corporate Services Copmmittee Date of Meeting: January 23, 2006 Submitted By: Liquor License Application Review Committee Prepared By: Liquor License Application Review Committee Ward(s) Involved: 1 & 6 Date of Report: January 17, 2006 Report No.: CAO-06-001 Subject: LIQUOR LICENSE APPLICATION, RELAX - 91 QUEEN STREET SOUTH RECOMMENDATION: WHEREAS Raisa Rattsan gave the Corporation of the City of Kitchener notice on October 3, 2005 that she would be seeking a liquor licence for premises known municipally as 91 Queen Street South; and, WHEREAS the information provided by the Applicant was reviewed by the City's Liquor Licence Review Committee in consultation with members of the public; and, WHEREAS the information provided by the Applicant and the Liquor Licence Review Committee was considered by the City's Finance and Corporate Services Committee held on January 23, 2006; and WHEREAS the Applicant has indicated that she does not intend to hire any security staff, the Applicant has not provided sufficient detail to demonstrate venue operation with regard to sitting and standing occupancy, the Applicant has failed to display a placard at the proposed location as required by the AGCO and That Council of The Corporation of the City of Kitchener (the "City") has determined and submits pursuant to section 7(4) of the Liquor Licence Act and 7.1(1) of Regulation 719 there under that issuance of a liquor licence to Raisa Rattsan (the "Applicant") for the establishment "Relax", to be located at 91 Queen Street South, Kitchener is not in the public interest having regard to the needs and wishes of the residents of the municipality, and accordingly, Council opposes the application and requests a hearing to be held on behalf of the residents of the municipality; and further, That Council directs staff to request the Alcohol and Gaming Commission of Ontario (the "AGCO") to attach the conditions listed below to the Applicant's liquor licence should the AGCO issue the licence in spite of Council's opposition; and further, That Council authorize staff to enter into an agreement with the Applicant should she be willing, wherein the Applicant agrees to abide by the following conditions as private conditions with the City and may also agree to request the conditions be added to her licence if the AGCO chooses to issue the licence in spite of Council's opposition: 1. To install a commercial kitchen facility in the establishment prior to commencing operation; 2. To post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 3. To become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings; 4. To abide by a set 40% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in his application (in other words, alcohol sales will be limited to 40% of gross refreshment sales); 5. To stop serving alcohol by 1:00 a.m. daily; 6. To voluntarily surrender the liquor license to the AGCO should the applicant cease to operate this establishment in the future; 7. To notify the Clerk of the City of Kitchener in writing of any applications 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; 8. To comply with the noise by-law and the smoking by-law; and 9. These conditions shall bind all successors, assigns and subsequent licence holders (if any), And further; That Council requests that the AGCO acknowledge receipt of this resolution and advise City staff of any hearing date. SUBJECT: This report deals with a liquor licence application referenced as follows: NAME: RELAX ADDRESS: 91 Queen St South, Unit 10, Kitchener, ON AGCO FILE NUMBER: 811927 PLACARD STATUS: To be displayed Jan 9 -Feb 7, 2006-01-17 Sent to applicant, not visibly posted as of Jan 17, 2006 _ _- :._ --___ _ ~-.~~I ~~~~C~C~ - - ' 11~ry1 n - _ 4.r - Y._ - F.1-F F __ ;,~ I II _ I I y F~~I r - (=r~ fi.r - -i'~. ~~. - - _ - Jar - - - - - ' - - -_ -_ - - - - ~4 ~ti :ip~. ~~i~f F,3 it ~~ ~_Ll i~lt~f.311 ri'f ~.7 G3 ~f S'I~a'e Ltd-i L'n,,~l Y'=. _!_I i~{fl~a f:: !'I Itil Ufa,-;il -_ BACKGROUND: In accordance with 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. This Liquor License Application Review Committee (LLARC), which is comprised of City staff and a representative of KDBA, reviews this information form and makes a recommendation to Council as to whether or not the application is contrary to public interest. 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. The LLARC consulted with neighbours immediately adjacent to the property being the subject of the application and relevant government offices about this liquor license application. The results of the review are as follows: a) The owner's and/or operator's performance record, including by-law violations, building/health code infractions and liquor licenses offences The Applicant has never owned a bar or restaurant in the past, and has no By-law violations, Building/health code infractions or Liquor License offences that we are aware of. The Applicant does however, owns and operates two variety stores located in Kitchener. b) The proximity of the premises to other licensed establishments The property is located at 91 Queen Street on the corner of Queen and Charles Street. Other licensed establishments in the immediate vicinity include: • Northern Thai, 95 Queen Street South, Kitchener, ON N2G 1W1 • Terrace Cafe-Walper Hotel, 1 King Street West, Kitchener, ON N2G 1 Al • Boa Nova Rodizio Grill House, 6 Charles Street West, Kitchener, ON N2G 1 H2 • Transfers Restaurant Inc, 15 Charles Street West, Kitchener, ON N2G 1 H3 • Ellison's Bistro, 14 Charles Street West, Kitchener, ON N2G 1 H2 • Cafe Europa, 91 Queen Street South Staff are not concerned about an over-proliferation of licensed establishments of varying sizes in the event that this liquor licence application is approved. There are other licensed establishments within two blocks which are in fact existing restaurants, and are not bars or clubs as their primary use. i.e. 20 King and Classico's. c) The proximity of the premises to other uses such as existing dwelling units There are no dwelling units in the building itself. Across the street there are apartments above businesses across the street on Queen Street South. The approval of this application would not be considered to have an additional detrimental impact on residents in this block, or upon other uses in the immediate vicinity. City and KDBA staff spoke verbally to the owner/operators of neighbouring businesses. The following are their comments and concerns: Supporting Comments /Concerns: o Of the 22 neighbouring business who received the notice of application, no opposing comments have been submitted at the time of writing of this report. The Applicant did not indicate in their application whether they would be hiring security staff during evening hours on the weekend in order to provide security and crowd management for the business. After discussions with the Applicant, they have confirmed that they do not intend on hiring any security staff. d) The size of the premises -occupant load and floor area The establishment is 2753 square feet in size. A floor plan is attached for your review. There is indication of kitchen facilities, though the floor plan could provide further detail. e) The ratio of liquor sales to gross sales The Applicant noted in their application, that liquor sales would comprise approximately 40% of gross sales. This is understood to be similar to other establishments of this nature. f) The proportion of the premises dedicated to ancillary entertainment Social/Dance Club for Russian community with approximately 25% of the floor space reserved for dancing. g) The hours of operation The Applicant has indicated that the establishment will be operated Thursday, Friday and Saturdays (3 days per week) from 6pm - 1 am h) Any other factors the Committee considers relevant At the date of this report submission (January 17, 2006) staff has expressed concern with regard to areas which are requirements under provincial liquor license legislation, in two significant areas: o The attached floor plan does not show sufficient detail to demonstrate venue operation with regard to sitting and standing occupancy o As of January 17, no clearly visible placard was placed in the window of the proposed restaurant location. The placard was to have been displayed during between January 9 -February 7, 2006. FINANCIAL IMPLICATIONS: N/A COMMUNICATIONS: Property owners immediately adjacent the subject lands were consulted and their comments, if any, are noted earlier in this report. A copy of this report has been provided to the applicant as well as property owners referenced above. Silvia Wright, Manager Patricia Harris Downtown Community Development Manager of Licensing Marty Schreiter, Executive Director Kitchener Downtown Business Association Attachments: 1. Liquor License Application 2. Floor Plan 3. Menu