HomeMy WebLinkAboutCRPS-08-173 - Liquor Licence Review Application - Exhibit Café - 10 King St. W.I L REPORT 74
Report To: Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
Date of Meeting: October 20, 2008
Submitted By: Liquor Licensing Review Committee
Prepared By: Patricia Harris, Manager of Licensing
Ward(s) Involved: 1
Date of Report: October 10, 2008
Report No.: CRPS-08-173
Subject: LIQUOR LICENCE REVIEW APPLICATION — EXHIBIT CAFE
INC. —10 KING STREET WEST
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 Exhibit Cafe Inc. located at 10 King Street
West applied for by Exhibit Cafe Inc. (herein referred to as the "Applicant"); and further
That the Mayor and Clerk be authorized 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 Alcohol and Gaming Commission of Ontario 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 Association's License and
Entertainment Committee and attend its meetings;
3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including
food and other sundries) in other words alcohol sales will be limited to 30% of gross
refreshment sales);
4. to stop serving alcohol by 12:01 a.m. daily in the first year of holding the liquor licence and
thereafter 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 Kitchener Downtown Business
Association (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 a restaurant referred to as Exhibit Cafe Inc.
at 10 King Street West.
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 currently has
a Class C- Place of Refreshment licence from the City for this location.
b) The proximity of the premises to other licensed establishments.
There are three licensed establishments located in close proximity of the establishment.
They are the Walper Terrace Hotel located at 1 King Street West, Mediterranean Cafe —
4 King Street West and Peter Martin's — 41 King Street West.
c) The proximity of the premises to other uses such as existing dwelling units
There are residences within a block of the property located at 35 King Street West.
d) The size of the premises — occupant load and floor area.
The establishment is 932 square feet. It is know 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 30 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 15%.
f) The proportion of the premises dedicated to ancillary entertainment
None.
g) The hours of operation
The applicant has indicated that the establishment will be operated Monday to
Wednesday 8 a.m. to 8 p.m., Thursday to Saturday 8 a.m. to 11 p.m. (Special Events
2:00 a.m.) and Sunday 12 noon to 5 p.m.
h) Any other comments the Committee considered relevant
This business is one of the most engaged and passionate businesses in the downtown
core and they have proven over time they are accountable and reliable.
FINANCIAL IMPLICATIONS:
A copy of the report will be provided to the Applicant prior to the Committee date. Property
owners immediately adjacent to 10 King Street West 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.
In the event the Alcohol and Gaming Control Commission of Ontario (AGCO) approves the
application, the conditions noted in the recommendation be attached to the approval by the
AGCO.
Patricia Harris
Silvia Wright, Manager
Manager of Licensing Downtown Communit
Mark Garner, Executive Director
Kitchener Downtown Business Association