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HomeMy WebLinkAboutCRPS-10-007 - Liquor Licence Review Application - The Museum Cafe - 10 King St W1 C©rp©rate Services REPORT TO: Mayor C. Zehr and Members of City Council DATE OF MEETING: January 18, 2010 SUBMITTED BY: Liquor Licensing Review Committee PREPARED BY: Patricia Harris, Manager of Licensing WARD(S) INVOLVED: 1 DATE OF REPORT: January 12, 2010 REPORT NO.: CRPS-10-007 SUBJECT: LIQUOR LICENCE REVIEW APPLICATION -THE MUSEUM CAFE - 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 The Museum Cafe located at 10 King Street West applied for by 1327236 Ontario Inc. (Waterloo Regional Children's Museum) (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 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 Region of Waterloo Smoking By-law; and 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). BACKGROUND: 3-1 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 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 The Museum Café 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 corporation has owned. The applicant has applied for a Class A – 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 Rum Runner Pub – 1 King Street West, K-W Performing Arts Association – 36 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 1201 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 patio area is 356 í ó î square feet. The occupant load that was provided indicated 40 persons inside and 29 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 27%. 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 Sunday from 7:00 a.m. to 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 date. Property owners immediately adjacent to 10 King Street West were verbally consulted by the KBIA and Downtown Development staff – of those consulted, there were no concerns. At the writing of this report, no further comments have been received. CONCLUSION: 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. ACKNOWLEDGED BY:Troy Speck, General Manager of Corporate Services í ó í