HomeMy WebLinkAboutCRPS-09-027 - Liquor Licence Review Appl - Taco BiteREPORT
Report To: Mayor C. Zehr and Members of City Council
Date of Meeting: March 23, 2009
Submitted By: Liquor Licensing Review Committee
Prepared By: Patricia Harris, Manager of Licensing
Ward(s) Involved:
Date of Report: March 3, 2009
Report No.: CRPS-09-027
Subject: LIQUOR LICENCE REVIEW APPLICATION-TACO BITE-
24 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 Taco Bite located at 24 King Street East
applied for by Viola Cortez Munoz therein referred to as the "Applicant"}; and further
That the Mayor and Clerk be authorized to enter into an agreement with the applicant should
she 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 an active 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 operation 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 application 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 Taco Bite
located at 24 King Street East.
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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
holds a Place of Refreshment licence with the City of Kitchener.
b~ The proximity of the premises to other licensed establishments.
There are three licensed establishments in close proximity to the establishment.
They are: Niko Niko - 20 King Street East, Rainbow Caribbean - 29 King St. East
and Millsy's Billiards - 29 King Street East.
c) The proximity of the premises to other uses such as existing dwelling units
There are residential units above 4 King Street East and 20 King Street East which is
within 1 block of 24 King Street East.
d~ The size of the premises -occupant load and floor area.
The establishment is 1856 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 40 persons indoors and 40 persons on the patio.
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 10%.
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 7 days per week
from 11:00 a.m. to 10:00 pm. daily.
h) Any other comments the Committee considered relevant
None
FINANCIAL IMPLICATIONS:
None
COMMUNICATIONS:
A copy of the report will be provided to the Applicant prior to the Council meeting date. Property
owners immediately adjacent to 24 King Street East were verbally consulted by the KDBA and
Downtown Development staff - of those consulted, there were no concerns.
Patricia Harris
Manager of Licensing
Mark Garner, Executive Director
Silvia Wright, Manager
Downtown Community Development
Kitchener Downtown Business