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HomeMy WebLinkAboutCRPS-09-120 - Liquor Licence Review Application - K-W SymphonyREPORT REPORT TO: Councillor B. Vrbanovic, Chair and Members of the Finance and Corporate Services Committee DATE OF MEETING: September 14, 2009 SUBMITTED BY: Liquor Licensing Review Committee PREPARED BY: Patricia Harris, Manager of Licensing WARD(S) INVOLVED: 1 DATE OF REPORT: September 3, 2009 REPORT NO.: CRPS-09-120 SUBJECT: LIQUOR LICENCE REVIEW APPLICATION - KITCHENER- WATERLOO SYMPHONY - 36 KING STREET WEST 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 licence for Conrad Centre for the Performing Arts located at 36 King Street West, applied for by Kitchener-Waterloo Symphony (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 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 Region of Waterloo Smoking By-law; and 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any); î î ó ó ï ï 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 an arts centre referred to as Conrad Centre for the Performing Arts located at 36 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 has applied for a Place of Refreshment and Public Hall Licence from 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: Exhibit Café – 10 King St. W., Walper Hotel – 1 King St.W. and 20 King Street – 45 King Street West. c) The proximity of the premises to other uses such as existing dwelling units There are residential units at 35 King Street West which is within 1 block of 36 King Street West. î î ó ó î î d) The size of the premises – occupant load and floor area The establishment is 24,350 square feet. It is known that a portion of this area applied to the location of washrooms, concessions, boardroom, 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 952 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 operating hours will vary. Business hours will be Monday to Friday from 8:30 a.m. to 5:00 p.m. On performance days, establishment will be open until 12 midnight. 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 Committee meeting date. Property owners immediately adjacent to 36 King Street West were verbally consulted by the KBIA and Downtown Development staff – of those consulted, there were no concerns. ACKNOWLEDGED BY: T. Speck, General Manager of Corporate Services î î ó ó í í î ó ì î ó ë