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HomeMy WebLinkAboutCRPS-09-152 - Liquor Licence Review Application - Rum Runner Pu1 C©rp©rate Services REPORT TO: Mayor C. Zehr and Members of City Council DATE OF MEETING: December 14, 2009 SUBMITTED BY: Liquor Licensing Review Committee PREPARED BY: Patricia Harris, Manager of Licensing WARD(S) INVOLVED: 6 DATE OF REPORT: November 30, 2009 REPORT NO.: CRPS-09-152 SUBJECT: LIQUOR LICENCE REVIEW APPLICATION -RUM RUNNER PUB - 1 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 Rum Runner Pub located at 1 King Street West applied for by Rum Runner Pub 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 50% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 50% 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). 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 abar/restaurant referred to as Rum Runner Pub located at 1 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 15, 1999. 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. The applicant has applied for a Place of Refreshment - Class A licence from the City of Kitchener. b) The proximity of the premises to other licensed establishments. There are 7 licensed establishments in close proximity to the establishment. They include: Niko Niko - 20 King St. E., Taco Bite - 24 King St. E., Millsy's Billiards - 29 King St. E., Rainbow Caribbean Cuisine - 29 King St. E., Capers Sports Bar - 1 Queen St. N., Exhibit Cafe - 10 King St. W., K-W Symphony - 36 King Street West and Peter Martin's - 45 King Street West. 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 are within 1 block of 1 King Street West. d) The size of the premises -occupant load and floor area The establishment is 10,000 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 300 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 50%. f) The proportion of the premises dedicated to ancillary entertainment A portion of the establishment is used for Yuk Yuk's Comedy Club. Occasionally live music is featured in the pub. There are also two pool tables located in the pub area. g) The hours of operation The applicant has indicated that the establishment will be operated Sunday 5:00 p.m. to 10:00 p.m., Monday to Thursday 11:30 a.m. to 11:00 p.m., Friday and Saturday 11:30 a.m. to 1:00 a.m. h) Any other comments the Committee considered relevant The principals of the applicant corporation have over 18 years experience working in the hospitality industry and have dealt with all aspects of Liquor Licensing regulations. Their intention is to make only minor changes to the menu and decor. There will be no additional bar seats added in the downtown due to this business enterprise. 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 1 King Street West 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