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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
March 30, 2004 | |
Author: |
Guy Gusdal | |
Phone No.: |
871-6461 | |
RTS No.: |
4079 | |
CC File No.: |
113 | |
Meeting Date: |
April 22, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
Chief License Inspector in consultation with the Director of Legal Services |
SUBJECT: |
License By-law Amendment to Allow Liquor Service in Conjunction With Billiard Halls |
RECOMMENDATION
THAT Council approve amendments to License By-law No. 4450 as generally outlined or referred to in Appendix A of this report, which specify a new definition and regulations for liquor service in conjunction with Billiard Halls.
AND THAT Council request the Director of Legal Services to bring forward a by-law amending the License By-law, generally as set out in Appendix A.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the forgoing.
COUNCIL POLICY
There is no applicable Council Policy.
PURPOSE
To amend License By-law No. 4450 to allow liquor service in conjunction with Billiard Halls.
BACKGROUND
On March 11, 2004 Council instructed staff to bring forward an amendment to the License By-law which would allow and regulate liquor service in conjunction with billiard halls.
There are 20 billiard halls in the city, including the applicants. Only 7 of the 20 Billiard Halls, are approved on a time-limited development permit. The remaining 13 Billiard Halls can remain for the life of the building or be rebuilt in accordance with the Zoning & Development By-law. The billiard halls range in size from 3 to 21 tables.
Billiard Hall is an outright use in the C-5, C-6 and HA-3 zones and is a conditional use in the following zones: C-1, C-2, C-2B, C-2C, C-2C1, C-3A, FC-1, M-1, M-1A, I-2, HA-1, HA-1A, C-7, C-8, MC-1, MC-2 and DD.
DISCUSSION
Approval of the License By-law amendment would mean that the city now considers alcohol consumption in a Billiard Hall as an acceptable part of the Billiard Hall land use provided the applicant can meet certain conditions and obtain a favourable endorsement from Council. Staff suspect that the proposed regulations would not deter other billiard hall operators from pursuing a Liquor Primary liquor license for their businesses. No review has been completed to assess what impact the proposed regulations will have with respect to other city regulations or the other approved billiard halls.
It should also be noted that approval of Liquor Primary liquor licenses in conjunction with Billiard Halls will prohibit minors (18 and under) from entering the premise.
Staff recommend that a new business license definition and associated fee be created for a "Billiard Hall Lounge". The fees would be charged at the same rate as other business licenses associated with provincial Liquor Primary liquor licenses. The current 2004 business license fee is $4.20 per seat, with a minimum fee of $100 and a maximum fee of $2,101. An additional fee of $50 is charged for new accounts. For example, the 2004 business license fee for Guys & Dolls Billiards located at 2434 Main Street would be $391. Staff are also recommending that the existing definition of "Billiard - room keeper" be adjusted to complement the new definition.
Staff also recommend that a number of basic regulations be implemented to mitigate the negative impacts from the introduction of alcohol consumption in billiard halls. These regulations are proposed to ensure the primary focus of the business remains as a billiard hall and that the consumption of alcohol is an ancillary or minor component of the business. The regulations will also ensure there is a minimum level of consistency with other businesses that have Liquor Primary liquor licenses. The regulations are outlined in Appendix A.
SOCIAL IMPLICATIONS
The Director of Social Planning (D of SP) expresses concern regarding the city-wide policy implications of these bylaw amendments and the lack of notification to additional communities that could be impacted by this new policy. The D of SP acknowledges that standard processing for each future provincial Liquor Primary applications requires public consultation and a specific Council Resolution supporting the request. The D of SP supports the Chief License Inspector in his opinion that approval of the Liquor Primary application located at 2434 Main Street (Guys and Dolls Billiards) will set a precedent for the city and that Council must reasonably consider all future requests.
The D of SP is also concerned that approval of Liquor Primary liquor licenses in conjunction billiard halls will reduce the entertainment options available to youths in the city. With respect to the specific application at 2434 Main Street, staff are concerned that area youth may not be aware of the potential loss of this entertainment venue in their community.
CONCLUSION
Staff bring forward these License By-law amendments as per Council's direction to allow alcohol consumption in conjunction with Billiard Halls.
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APPENDIX A
Definitions:
"Billiard Hall Lounge" means a business, located in a billiard hall, that sells alcoholic drinks including beer to customers for consumption on the premises.
"Billiard Hall" means a business that hires or makes any charge for the use of any billiard table or pool table on any premises occupied by a business that uses or keeps any such table; whether for hire or otherwise in any place of public entertainment or resort whether or not such table or tables are used.
Fees:
New License |
Fee for Previously Issued License |
Term | |
BILLIARD HALL LOUNGE |
4.20 per seat + $50.00 |
$4.20 |
per annum per seat except that, despite the number of seats, the minimum fee
|
Regulations:
(1) |
The licensee and each person employed in a billiard hall lounge as a manager, door attendant, waiter, or bouncer must wear a clearly visible nameplate showing the person's first name and an identification number. |
(2) |
The licensee or manager of a billiard hall lounge must maintain a list showing the full name, address, telephone number, and identification number of each person required to wear a nameplate under subsection (1). |
(3) |
The licensee and manager must allow the Inspector or Chief Constable to inspect and copy the list referred to in subsection (2) at any time. |
(4) |
A person is entitled to the grant of a billiard hall lounge license only in conjunction with a billiard hall, and only if the billiard hall does not include an arcade. |
(5) |
The city will issue a billiard hall lounge license only if the license for the billiard hall in which the lounge is situate is current and in good standing. |
(6) |
Cancellation, revocation, or suspension of a billiard hall license will result in the concurrent cancellation, revocation, or suspension of the license for any billiard hall lounge located in the billiard hall that is the subject of that billiard hall license. |
(7) |
The licensee must not suffer or allow any live performances, including performances with musical instruments, in the billiard hall lounge. |
(8) |
The licensee must not suffer or allow any patron participation entertainment except for playing pools or billiards. |