3 CITY OF VANCOUVER VANCOUVER LIQUOR LICENSING COMMISSION Minutes, September 26, 1996 A regular meeting of the Vancouver Liquor Licensing Commission was held on Thursday, September 26, 1996, at approximately 7:30 p.m. in Committee Room No. 2, Third Floor, City Hall. PRESENT: Councillor Kennedy, Chair Councillor Hemer Councillor Ip ABSENT: Councillor Kwan (Leave of Absence) ALSO PRESENT: Judy Rogers, Deputy City Manager Paul Teichroeb, Deputy Chief License Inspector Nathan Edelson, Planner, Central Area Planning Inspector Dave Jones, i/c District 1, Vancouver Police Department CLERK: Rae Wylson POWER TO ACT On January 11, 1994, Council, by the required majority, granted the Commission Power to Act on all unanimous decisions. The decisions of the Commission contained herein are unanimous and, therefore, stand approved. ADOPTION OF MINUTES The minutes of the Vancouver Liquor Licensing Commission meeting of July 25, 1996, were adopted as circulated. 1. Requested Update on Licensed Premises within File: 2610-3 the Downtown Eastside to August 27, 1996 The Commission had before it an Administrative Report dated August 27, 1996 (on file), in which the Chief Constable provided the Commission with an ongoing overview of problems and issues concerning licensed premises, and the status of any enforcement or other activities. License suspensions and other observations were included from January 1994 to date. cont'd.... Clause No. 1 (cont'd) Members of the Commission expressed appreciation for the table format used in this report. Discussion ensued between the Commission and Inspector Dave Jones concerning the table format. The following revisions were agreed upon for future reports: - as no activities were noted during 1992 and 1993, these rows will be deleted; - to maintain the five-year perspective, it will be noted there were no activities for 1992 and 1993; - a column will be added for general comments; and - premises with no activities during the current and previous year will be deleted from the table. In addition to the above-noted revisions, a breakdown by month was suggested. Inspector Jones will determine whether this can be reasonably done and if so, will incorporate the suggestion. The following motion by Councillor Hemer was put and carried. Therefore, the Commission RESOLVED THAT the Vancouver Liquor Licensing Commission receive for information the Administrative Report dated August 27, 1996 from the Chief Constable entitled "Requested Update on Licensed Premises within the Downtown Eastside to August 27, 1996". - CARRIED UNANIMOUSLY 2. 1141 Hamilton Street File: 2612-12 Capone's Pizza Bar Co. Limited - Restaurant-Class 2 The Commission had before it an Administrative Report dated July 30, 1996 (on file), in which the Deputy Chief License Inspector advised of a request by Capone's Pizza Bar Co. Limited for a City Council resolution endorsing its application for a Restaurant-Class 2 at Capone's, 1141 Hamilton Street. cont'd.... Clause No. 2 (cont'd) Mr. Paul Teichroeb, Deputy Chief License Inspector, provided the Commission with background information on the premises and outlined staff concerns, namely the noise which may arise. The Commission was advised of conditions which could be placed on endorsement of this application. Mr. Howard Cohen, owner of Capone's Restaurant, was present to answer the Commission's questions and to address the concerns of neighbouring residents and business owners as expressed in items of correspondence received. Mr. Cohen provided the Commission with a brief (on file) outlining the measures which will be taken to ensure any noise produced from the entertainment will remain in the restaurant so as not to disturb surrounding residents. The measures will include: - sound insulation installed in the restaurant; - a sound barrier curtain hung near the entrance; - the overall level of music will be kept down; and - the front doors will be kept closed when necessary. Mr. Cohen felt with these measures in place, the music should not have an adverse effect and will add to the atmosphere and appearance of the neighbourhood. In the ensuing discussion, the Commission requested and received clarification regarding a number of issues, including the following: - a sound curtain will be installed after the coat check; - Capone's does not have an outdoor amplified system; - the patio doors were open during the summer due to a broken air-conditioning unit. The unit has since been repaired; - additional outdoor ashtrays will be installed; - two waste disposal bins outside the premises are emptied on a regular basis. The bins are the responsibility of building management and are included as an operating cost in the lease; - to minimize noise, a third layer of insulation will be added and a drop ceiling will be installed which will extend five feet from the stage area; cont'd.... Clause No. 2 (cont'd) - Capone's lease allows its landlord to remove Capone's right to play live music if it negatively impacts other building tenants; and - there is space for a holding area inside the restaurant should need arise. At the request of the Commission, staff clarified Capone's current license allows a maximum of two musicians. The Class-2 license applied for has no maximum number of musicians and allows for a dance floor. The following motion by Councillor Hemer was put and carried. Therefore, the Commission RESOLVED THAT the Vancouver Liquor Licensing Commission, having considered the concerns of neighbouring residents and business operators, endorse the request by Capone's Pizza Bar Co. Limited, for a Restaurant-Class 2 at Capone's, 1141 Hamilton Street, subject to the following: i) a time-limited development permit being issued on the site, subject to annual renewal; ii) a 10:00 p.m. patio closing time; iii) the patio doors must be kept closed; and iv) a maximum of four musicians may perform at one time. - CARRIED UNANIMOUSLY 3. 999 Canada Place File: 2615-10 Vancouver Trade & Convention Centre Class 'E' Convention Centre Liquor License The Commission had before it an Administrative Report dated July 30, 1996 (on file), in which the Deputy Chief License Inspector advised of B.C. Pavilion Corporation's request for a City Council resolution endorsing its request for a Class 'E' Convention Centre liquor license at the Vancouver Trade and Convention Centre, 999 Canada Place. cont'd.... Clause No. 3 (cont'd) Mr. Paul Teichroeb, Deputy Chief License Inspector, advised of B.C. Pavilion Corporation's application for a Class 'E' license to formalize the existing liquor practices at the facility. The following motion by Councillor Hemer was put and carried. Therefore, the Commission RESOLVED THAT the Vancouver Liquor Licensing Commission endorse the request from the B.C. Pavilion Corporation for a Class 'E' Convention Centre liquor license at the Vancouver Trade and Convention Centre, 999 Canada Place. - CARRIED UNANIMOUSLY 4. 870 Granville Street (Commodore Cabaret) File: 2613-16 Class 'C' Cabaret and Class 'B' Restaurant The Commission had before it an extract from the Minutes of the Vancouver Liquor Licensing Commission meeting of March 14, 1996 (on file), in which the Commission supported the continuation of existing liquor licenses at 870 Granville Street. The relevant Administrative Report dated February 29, 1996 (on file), was also presented. Mr. Drew Burns, former operator of the Commodore Cabaret, advised he was not informed of the Commission's March 14, 1996 meeting where the aforementioned resolution was passed. Mr. Burns felt had he been present at the meeting, alternate facts might have been presented which may have resulted in a different resolution. Mr. Burns requested the Commission rescind its March 14, 1996 resolution and consider the item again at a future meeting where both parties could be represented. Mr. Bruce Redekop, legal counsel for Mr. Burns, reiterated Mr. Burns' position and request for the Commission to rescind its previous resolution and reconsider the issue. In response to questions from the Commission, Messrs. Burns and Redekop advised the Commodore Cabaret has been closed since June 30, 1996. The trade fixtures, owned by Mr. Burns, remain on the premises. Mr. Burns is no longer involved in negotiations with the landlord. cont'd.... Clause No. 4 (cont'd) Mr. Dennis Coates, representing Morguard Investments Limited, advised the issues have been outlined in correspondence to Mayor Owen dated September 26, 1996 from Morguard Investments Limited (attached to the agenda as reference material). The Commission reconfirmed its commitment to the March 14, 1996 resolution concerning the liquor licenses for the Commodore Cabaret and expressed regret that the Commodore Cabaret would not be continuing as it has in the past. The following motion by Councillor Hemer was put and carried. Therefore, the Commission RESOLVED THAT the Vancouver Liquor Licensing Commission receive for information the presentation by Messrs. Burns and Redekop concerning the Commission's March 14, 1996 resolution regarding the Commodore Ballroom. - CARRIED UNANIMOUSLY 5. 800 Robson Street - File: 2615-11 Robson Square Conference Centre - Class 'E' Convention Centre The Commission had before it an Administrative Report dated September 18, 1996 (on file), in which the Deputy Chief License Inspector advised B.C. Pavilion Corporation's request for a City Council resolution endorsing its request for a Class 'E' Convention Centre liquor license at the Robson Square Conference Centre, 800 Robson Street. The following motion by Councillor Hemer was put and carried. Therefore, the Commission cont'd.... Clause No. 5 (cont'd) RESOLVED THAT the Vancouver Liquor Licensing Commission endorse the request from the B.C. Pavilion Corporation for a Class 'E' Convention Centre liquor license at the Robson Square Conference Centre, 800 Robson Street, including: i) 650 seats located in the two theatres; and ii) an increase in patio seating to 1,487 seats in the outdoor plaza, subject to a 10:00 p.m. closing. - CARRIED UNANIMOUSLY 6. Requested Update on Liquor Licensing File: 2610-3 Policy Implementation The Commission received a presentation by Mr. Nathan Edelson, Planner, Central Area Planning, providing an update on the liquor licensing policy implementation (on file). Other Business 7. Culinary Preparations Containing Liquor File: 2610-3 and Potable Alcoholic Medicinals Ms. Judy Rogers, Deputy City Manager, advised of the Liquor Control & Licensing Branch's (LCLB) upcoming review of policy associated with culinary preparations and potable medicinals. The LCLB has scheduled two consultation schedules to provide key stakeholders with an opportunity to identify ways to help curb unintended uses of the products while maintaining reasonable access for legitimate users. Two sessions are scheduled Wednesday, October 16, 1996, 9:00 a.m. to 12:00 noon (Session 1) and 1:30 p.m. to 4:30 p.m. (Session 2). * * * At the request of Chairperson Kennedy, Councillor Hemer assumed the Chair. * * * 8. Responsibility for Gaming, File: 2633-3 Racing Commissions Transferred to Ministry of Employment and Investment Councillor Kennedy advised of a news release dated September 25, 1996, from the Office of the Premier regarding "Responsibility for Gaming, Racing Commissions Transferred to Ministry of Employment and Investment". Concern was expressed over B.C. Lottery Corporation's plan to install Club Keno in 500-800 bars in the next four to six weeks. The following motion by Councillor Kennedy was put and carried. Therefore, the Commission RESOLVED THAT the Vancouver Liquor Licensing Commission direct staff to prepare a report identifying the locations of licensed establishments in Vancouver, where there may be sensitive or at risk clientele; and FURTHER THAT this report be presented to the B.C. Lottery Corporation, as soon as possible, to advise them of the Commission's concerns should they go ahead with the installation of Club Keno in night clubs and pubs in Vancouver. - CARRIED UNANIMOUSLY * * * The meeting adjourned at approximately 9:15 p.m.