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HomeMy WebLinkAboutCRPS-07-027 - Referral to Licensing Hearing - Huong Tuyet Tram - Red Lantern Restaurant - 265 King St. E.Report To: Councillor B. Vrbanovic, Chair and Members of the Finance and Corporate Services Committee Date of Meeting: February 19, 2007 Submitted By: R. Gosse, Director of Legislated Services/City Clerk Prepared By: Patricia Harris, Manager of Licensing Ward(s~ Involved: 6 Date of Report: February 13, 2007 Report No.: CRPS-07-027 Subject: Referral to Licensing Hearing - Huong Tuyet Tram (Red Lantern} - 265 King Street East RECOMMENDATION: The Committee's direction is requested. BACKGROUND: Section 1 of Schedule `A' -Business Licence Prcoedure of Chapter 584 (Refreshment Places) requires that upon receipt of a complete application the Manager of Licensing shall either issue or renew a licence or shall refer the matter to Council or a Committee of Council where appropriate under the provisions of the Chapter or any other by-law of Council. In January 2007, a licence renewal for a Place of Refreshment licence Class A (includes sale of alcohol) was received from Mr. Hon Cat the owner of the Red Lantern, 265 King Street East. Upon information received from the Alcohol and Gaming Commission (AGCO), that Mr. Cat's application to transfer a liquor licence to the Red Lantern was refused, the Manager of Licensing issued a Place of Refreshment Class C (no alcohol sales). In February 2007, a Class A licence application for the Red Lantern was received listing not only Mr. Cat as the business owner, but now included Ms. Huong Tuyet Tram as his partner. Ms. Tram had made application in February 2006, as the owner of the Red Lantern but withdrew her application while a business licence hearing was being held regarding her application. Based on the fact that the hearing was never completed and on information received from the Waterloo Regional Police Services, the Manager of Licensing is referring to Council, this latest application for a Place of Refreshment -Class A. REPORT: Ms. Tram, co-applicant, is the former owner of the Happy Family Restaurant which was located on College Street until the business closed in late 2005. On February 6, 2006, Ms. Tram applied for a business licence to operate aClass A -Place of Refreshment Licence at 265 King Street E., the Red Lantern. This type of licence permits the sale of alcohol provided a liquor licence has been issued to the owner of the business by the AGCO. Ms. Tram did receive permission from the AGCO to transfer her liquor licence from 16 College Street to 265 King Street East. Ms. Tram's application was referred to a Committee of Council due to information from the Waterloo Regional Police Services and the AGCO relating to the operation of her previous business, The Happy Family Restaurant. A business licence hearing took place on April 26, 2006, but during the hearing, Ms. Tram advised that she was withdrawing her application and the hearing was disbanded. On July 12, 2006 an application was received from Mr. Hon Cat to operate aClass A -Place of Refreshment Licence for the business known as Red Lantern, located at 265 King Street East. A licence was issued to Mr. Cat based on information that a transfer of Ms. Tram's liquor licence had been applied for by Mr. Cat. The Manager of Licensing was informed in late November by the AGCO that a Notice of Refusal had been issued regarding Mr. Cat's request to transfer the liquor licence and that a hearing was to be held by the AGCO on December 21, 2006. Mr. Cat withdrew his application to transfer the liquor licence before the hearing took place. In January, 2007 Mr. Cat applied for renewal of his Class A -Place of Refreshment Licence. Based on information from the AGCO that Mr. Cat did not have a liquor licence, he was issued a Class C -Place of Refreshment Licence ono liquor}. The current application is for aClass A -Place of Refreshment Licence with Ms. Huong Tuyet Tram as a business partner and someone who holds a liquor licence. Based on the following facts: that information regarding Ms. Tram's previous business warranted a licensing hearing; and, that hearing was commenced with Ms. Tram on her original application for the Red Lantern but was terminated when Ms. Tram withdrew her application; and, that the information and facts remain unchanged; it is recommended that a licensing hearing be held in accordance with Chapter 584 of the Municipal Code and the Municipal Act, as amended. It should be noted that a 2007 Place of Refreshment - Class C (no alcohol} has been issued to Mr. Hon Cat for the Red Lantern and continues to be in effect. FINANCIAL IMPLICATIONS: None COMMUNICATIONS: The applicant and their legal counsel have been notified and have received a copy of this report. (MRS) PATRICIA HARRIS MANAGER OF LICENSING