ADMINISTRATIVE REPORT
Date: April 17, 1997
Dept. File No.2211IC.COV
C.C. File No.: 2701-1
TO: Standing Committee on Planning and Environment
FROM: Chief License Inspector
(In Consultation with the Directors of Environmental Health
and Land Use and Development)
SUBJECT: 1525 Yew Street - Rossini's Restaurant
CONSIDERATION
A. THAT Council instruct staff to withhold enforcement against
Rossini's Restaurant holding jazz sessions by a maximum of
four musicians from 3:30 to 6:30 p.m. on Saturdays only. If,
however, the restaurant is operating at any other time
contrary to the definition of a Restaurant - Class 1,
particularly with respect to musical entertainment and
customer dancing, that enforcement action be taken.
B. THAT Council instruct staff to proceed with enforcement action
to ensure that Rossini's Restaurant operates within the
Restaurant - Class 1 definition.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services submits the foregoing for
CONSIDERATION.
COUNCIL POLICY
Council policy is defined in the Zoning and Development By-law which
outlines the definition of Restaurant - Class 1 and Restaurant - Class
2.
-2-
BACKGROUND
Mr. Arni May, President of Rossini's at 1525 Yew Street, has again
requested special permission from Council to hold jazz sessions with a
maximum of four musicians from 3:30 to 6:30 p.m., on Saturdays at his
Restaurant - Class 1. The Zoning and Development By-law defines a
Restaurant - Class 1 as having a maximum of two entertainers, no use of
any amplified musical instruments and no dancing by customers.
As Rossini's was in contravention of the by-law in 1993, the Permits and
Licenses Department initiated enforcement action due to complaints
received from area residents. Mr. May was unable to apply for a
Restaurant - Class 2 which would allow these jazz sessions, as this use
is not permitted in the C-2B District Schedule for this area. Planning
staff did not support amendments to the by-law to allow Restaurant -
Class 2. On June 16, 1994, Mr. May appeared before Council Committee
and argued that: "there is little noise associated with these time
limited sessions, and they provide a popular opportunity for musicians
to perform".
Council subsequently resolved:
THAT Council instruct staff to withhold enforcement against
Rossini's Restaurant holding jazz sessions by a maximum of four
musicians, from 3:30 - 6:30 p.m. Saturdays for a period of one
year, subject to compliance by Rossini's.
DISCUSSION
Planning staff continue to be concerned about amending the current
definitions of restaurant or amending the C-2B District Schedule to
allow Restaurant - Class 2. Even if the District Schedule was amended
to allow Restaurant - Class 2, Council's adopted guidelines would not
allow this use at this location because it abuts a residential zoning
district and residential use.
Staff have now monitored this business over the past three summers. In
the past year the Permits and Licenses Department received one complaint
and the Vancouver Health Board's Environmental Health Division received
two complaints relating to noise when the front and rear doors were left
open, on two separate occasions. In both cases the complaint was
discussed with the operator. Both complainants were asked to call back
if the problem persisted, but no further calls were received.
-3-
Recent inspections by P & L staff have revealed that Rossini's is not
complying with the conditions of Council's resolution. On Saturday,
February 15, 1997, five musicians were performing (instead of the
maximum four permitted) and on Saturday, February 22, 1997, a jazz trio
performed amplified music in the evening, starting at about 8:15 p.m.,
contrary to the definition of a Restaurant - Class 1, and again contrary
to Council's resolution. Staff also obtained information displayed that
advertised upcoming musical performances on Friday and Saturday
evenings. Most appear to be contrary to the definition of a Restaurant
- Class 1 regarding the maximum number of entertainers and/or use of
amplified musical instruments. Planning staff were also in the
restaurant one evening when there was a significant amount of customer
dancing, and observed that this did not appear to be an unusual
situation.
CONCLUSION
Although the neighbourhood impact appears to be minimal and has been
swiftly addressed by staff and management of Rossini's when identified,
the restaurant is being operated on occasion contrary to Council's
resolution and regularly contrary to the Zoning and Development By-law
with respect to the definition of a Restaurant - Class 1.
However, staff believe that because of the minimal negative impact on
the neighbourhood, Council may wish to continue the withholding action
for the 3:30 p.m. - 6:30 p.m. Saturday time period.
Should the restaurant operate at any other time contrary to the
definition of a Restaurant - Class 1, which by definition restricts the
number of entertainers to two and does not permit customer dancing or
any use of amplified musical instruments, staff feel that immediate
enforcement action should be taken.
* * * * *