ADMINISTRATIVE REPORT

Date: September 26, 2002
Author/Local: Guy Gusdal/604.871-6461

RTS No. 2924

CC File No. 2612-2

Council: October 22, 2002

TO:	Vancouver City Council
FROM:	Chief License Inspector
SUBJECT:	M.V. Magic Moment - David Charles Kane Class `A' (Motor Vessel) Liquor License

RECOMMENDATION

THAT Council endorse the request by David Kane for a 71-seat Class `A' (Motor Vessel) liquor license on board the M.V. Magic Moment, subject to:

i) Liquor Control and Licensing Branch circular number 552;

ii) Dockside liquor service be limited to 30 minutes prior to departure;

iii) No dockside liquor service be permitted upon a vessel's return to dock; and

iv) Dockside liquor service for departing vessels be limited to between 11:00 a.m. and 8:00 p.m. Monday to Sunday.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

There is no Council policy or guidelines regarding new liquor license applications for motor vessels or dockside liquor service.

PURPOSE

David Charles Kane is requesting a Council resolution endorsing his application for a 71-seat Class `A' (Motor Vessel) liquor license with dockside service on board the M.V. Magic Moment.

BACKGROUND

Since 1989, the Vancouver Liquor Licensing Commission, and ultimately City Council, has considered applications for Class `A' (Motor Vessel) liquor licenses. During the review and discussion of the applications, it was determined that because liquor could only be served while the motor vessel is at sea, it likely would not impact the surrounding neighbourhood. Therefore, applications were endorsed without a mail notification or a referendum.

The Magic Moment is registered by Transport Canada to carry 71 passengers and has completed federal requirements for a charter vessel. The vessel is docked at the Westin Bayshore Marina and most charter cruises range from three to six hours. The majority of cruises take place in the evenings and never return to the marina past 12:00 midnight.

The yacht has a complete galley, but no meals are prepared on board. Food is catered by the Westin Bayshore Hotel and prepared in the hotel's nearby kitchens and brought on board in hot-trucks. If other caterers are used, the food is prepared off the vessel and transported in food warmers.

There is ample parking nearby and public transportation to support the application. The applicant has requested dockside liquor service for 30 minutes prior to setting sail. Staff support the endorsement on this license for 30 minutes of liquor service prior to setting sail. No dockside service would be permitted once the vessel has returned to port after the cruise.

Staff would normally conduct a neighbourhood notification for a request to have dockside liquor service, but felt that it would not be necessary given the distance to adjacent residential uses, and the fact that the dock is leased from the Westin Bayshore Hotel. The Bayshore holds the lease on the dock and it is their guests that would be most impacted by inappropriate liquor service on the dock, therefore, staff feel that the hotel has a vested interest in self-policing the charter service's business practices.

COMMENTS

The Police Department's Marine Squad supports this application and further comment that the department would support 30 minute dockside service prior to boarding at this location.

The Environmental Health Division of the Vancouver-Richmond Health Board has no objection to the application.

CONCLUSION

As a Class `A' (Motor Vessel) liquor license is unlikely to impact on the neighbourhood and the dockside liquor service will likely be self-policed by the Westin Bayshore Hotel thereby mitigating possible negative impacts, staff recommend the application be endorsed with the conditions noted.

* * * * *

(c) 1998 City of Vancouver