HomeMy WebLinkAboutCRPS-09-089 - Liquor Licence Review Application - Crabby Joe'sREPORT
REPORT TO:
Mayor C. Zehr and Members of City Council
DATE OF MEETING:
June 15, 2009
SUBMITTED BY:
Liquor Licensing Review Committee
PREPARED BY:
Patricia Harris, Manager of Licensing
WARD(S) INVOLVED:
1
DATE OF REPORT: June 8, 2009
REPORT NO.:
CRPS-09-089
SUBJECT:
Liquor Licence Review Application - Crabby Joe's - 70 King
Street East
RECOMMENDATION:
That subject to the applicant entering into an agreement with the City including certain
take no action
conditions of operating a licensed establishment as set out below, that Council
to oppose
the application for a liquor license for Crabby Joe’s located at 70 King Street East
applied for by CJ Kitchener 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 an active member of the Kitchener Business Improvement 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 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 Region of Waterloo Smoking By-law; and
7. these conditions shall bind all successors, assigns and subsequent licence holders (if any).
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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 Business Improvement
Association (KBIA), 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 Crabby Joe’s
located at 70 King Street East.
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.
There are currently over 30 franchised Crabby Joe restaurants in Ontario. 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 4 licensed establishments in close proximity to the establishment. They
are: Niko Niko – 20 King St. E., Taco Bite – 24 King St. E., Millsy’s Billiards – 29
King St. E. and Rainbow Caribbean Cuisine – 29 King Street East.
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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 70 King Street East.
d) The size of the premises – occupant load and floor area.
The establishment is 5,000 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 196 persons indoors and 44 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 25%.
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 Sunday to
Thursday 11:00 a.m. to 1:00 a.m. and Friday & Saturday 11:00 a.m. to 2:00 a.m.
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 70 King Street East were verbally consulted by the KBIA and
Downtown Development staff – of those consulted, there were no concerns.
ACKNOWLEDGED BY:
Troy Speck, General Manager of Corporate Services
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