HomeMy WebLinkAboutCRPS-07-149 - License Hearing - Roxxanne's Bar & Grill - 1271 Victoria St N~-
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Corporate Services
Report To: Mayor C. Zehr and Members of Council
Date of Meeting: December 10, 2007
Submitted By: Licensing Tribunal
Prepared By: R. Gosse, Director of Legislated Services/City Clerk
Ward(s) Involved: 2
Date of Report: December 6, 2007
Report No.: CRPS-07-149
Subject: LICENCE HEARING - ROXXANNE'S 1271 VICTORIA ST. N.
RECOMMENDATION:
That the Adult Entertainment Parlour Business licence No. 20 07 105538 00 L6 issued to
1685000 Ontario Ltd., operating as Roxxanne's Bar & Grill, 1271 Victoria Street N.,
Kitchener Ontario be suspended from December 23, 2007 to January 1, 2008 inclusive;
and further,
That the `curtain' currently placed around the private dance area of the premises known
as the VIP area be permanently removed in its entirety and no other material, object or
construction shall be used in place of the `curtain' for the duration of the current
business licence and any future licences issued to this business.
BACKGROUND:
1685000 Ontario Ltd. was issued an Adult Entertainment Parlour Business Licence under
Chapter 502 of the Municipal Code to operate the business known as Roxxanne's Bar & Grill.
The establishment is commonly referred to as a Strip Club and has been licensed by 1685000
Ontario Ltd. for the past 3 years. Early in 2007 the Licensing Section received information from
By-law Enforcement that the business was not operating in compliance with the City's Municipal
Code.
On February 19, 2007, Council adopted the recommendation of the Finance and Corporate
Services Committee to hold a hearing under the authority of the Municipal Act, 2001, to
determine whether or not to revoke, suspend or impose conditions as a requirement of
continuing to hold the Licence. Mayor C. Zehr and Councillors, K. Galloway, J. Smola and J.
Gazzola (alternate member) were appointed as members of the Tribunal.
REPORT:
The Business Licence Tribunal had set June 28, 2007 for a hearing to consider submissions
and evidence to determine whether or not 1685000 Ontario Ltd., operating as Roxxanne's was
in non-compliance of Chapter 502 (Adult Entertainment Parlours) of the Municipal Code. Due to
an ongoing judicial matter that affected this tribunal, the hearing date was adjourned twice and
was to finally commence on December 7, 2007.
On December 6, 2007 members of the tribunal, being Mayor C. Zehr and Councillors K.
Galloway and J. Gazzola received information that a proposed settlement had been reached
between the Licensee and the City's Licensing Section. Although the Tribunal did not hear any
evidence in this matter it was decided to receive the settlement for consideration in light of the
fact that it was entered into and agreed upon by both parties. The Tribunal is recommending
that Council adopt the recommendation fora 10 day suspension of the business licence and the
condition that the `curtain' around the VIP area located within the premises be removed and no
other material, object or construction shall be used in place of the curtain, be added to the
current licence and any future licences issued to this business.
Financial Implications:
By accepting and adopting the recommendation there will be a savings in staff time and costs
for the services of a court reporter. The costs for a court reporter would be $276.66 per day and
total costs would be dependent upon the number of days the hearing would take.
Mayor C. Zehr Councillor John Gazzola Councillor Kelly Galloway
Chair Member Member