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HomeMy WebLinkAboutCRPS-08-106 - Liquor Licence Review Application - Millsy's Billiards Inc. - 29A King Street East ) I(mclm::>R Services Report To: Date of Meeting: Mayor C. Zehr and Members of City Council June 23, 2008 Submitted By: Prepared By: Ward(s) Involved: Liquor Licensing Review Committee Patricia Harris, Manager of Licensing 6 Date of Report: June 10, 2008 Report No.: Subject: CPRS-08-106 LIQUOR LICENCE REVIEW APPLICATION - MILLSY'S BILLARDS INC. - 29A KING STREET EAST 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 take no action to oppose the application for a liquor license for Millsy's Billiards Inc. located at 29 King Street East (basement) applied for by Millsy's Billiards Inc. (herein referred to as the "Applicant") And further that: Council authorize the Mayor and Clerk to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their 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 Licensed Establishments Entertainment Committee and attend its meetings; 3. To abide by a set 300/0 monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 300/0 of gross refreshment sales); 4. To stop serving alcohol by 2:00 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). BACKGROUND: In accordance with the 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. The Liquor License Application Review Committee (LLARC), which is comprised of City staff and a representative of the KDBA, reviews this information form and makes a recommendation to Council as to whether or not the application is contrary to public interest. REPORT: This report deals with a liquor licence application for an upscale billiard club referred to as Millsy's Billiards Inc. at 29 King Street East, Unit A 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 April 19, 1999. a) The owner's and/or operator's performance record, including by-law violations, building /health code infractions and liquor license offences. This is the first establishment that the applicant has owned. The Applicant is in the process of applying for a Place of Refreshment and Billiard Parlour licence from the City for this location. b) The proximity of the premises to other licensed establishments. There are five licensed establishments within close proximity of the establishment. They are: Taste of Mediterranean - 4 King Street East, Niko Niko - 20 King Street East, Cafe Maestro - 24 King Street East (Lower), AM Africa Restaurant - 24 King Street East, and Rainbow Caribbean Cuisine - 29 King Street East. c) The proximity of the premises to other uses such as existing dwelling units. There are no residences within one block of the property. d) The size of the premises - occupant load and floor area The establishment is 12,000 square feet. It is known that a portion of this area applied to the location of tables, kitchen area, washrooms, bar, etc. A sketch of the floor plan, as requested in the City's liquor licence application is attached. The occupant load that was provided indicated 500 persons. e) The ratio of liquor sales to gross sales The applicant anticipates the percentage of liquor sales as a percentage of gross sales to be 300/0. f) The proportion of the premises dedicated to ancillary entertainment The applicant has indicated that there will be 24 pool tables, 3 dart boards and 6 video games. g) The hours of operation The applicant has indicated that the establishment will be operated Monday to Saturday 11 :00 a.m. to 2:00 a.m. and Sunday from 12 p.m. to 12 a.m. h) Any other comments the Committee considered relevant. This location was formerly operated as a bingo hall. FINANCIAL IMPLICATIONS None COMMUNICATIONS: A copy of this report will be provided to the Applicant prior to the Committee date. Property owners immediately adjacent to 29 King Street East were verbally consulted by the KDBA and Downtown Development staff - of those consulted, there were no concerns. At the writing of this report, no further comments have been received. CONCLUSION: In the event the AGCO approves the application, the conditions noted in the recommendation be attached to the approval by the AGCO Patricia Harris Manager of Licensing Silvia Wright, Manager Downtown Community Development Mark Garner, Executive Director Kitchener Downtown Business Association