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HomeMy WebLinkAboutCRPS-10-029 - Liquor Licence Review Application - Taco Delight - 24 King St E - UpperREPORT REPORT TO: Councillor B. Vrbanovic, Chair and Members of the Finance and Corporate Services Committee DATE OF MEETING: March 8, 2010 SUBMITTED BY: Liquor Licensing Review Committee PREPARED BY: Patricia Harris, Manager of Licensing WARD(S) INVOLVED: 1 DATE OF REPORT: March 1, 2010 REPORT NO.: CRPS-10-029 SUBJECT: LIQUOR LICENCE REVIEW APPLICATION - TACO DELIGHT - 24 KING STREET EAST UPPER 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 Taco Delight located at 24 King Street East applied for by Rosaura Valles (herein 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 her 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 Downtown 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 sundires) 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) ê ó 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 Downtown Kitchener Business Improvement Association (DKBIA), 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 Delight located at 24 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. This is the first establishment that the applicant has owned. The applicant currently holds a Place of Refreshment – Class A 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,Café Maestro – 24 King St. E., Rainbow Caribbean – 29 King Street 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 2,400 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 100 persons indoors and 50 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 15%. 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 p.m. daily ê ó î h) Any other comments the Committee considered relevant None FINANCIAL IMPLICATIONS: None COMMUINCATIONS: A copy of the report will be provided to the Applicant prior to the Council Committee meeting date. Property owners immediately adjacent to 24 King Street East were verbally consulted by the KDBIA and Downtown Development staff – of those consulted, there were no concerns. ACKNOWLEDGED BY: Troy Speck, General Manager of Corporate Services ê ó í ê ó ì