Policies and Procedures for Cabarets

POLICY REPORT
LICENSING

Date:November 12, 1998
Author/Local: M. Gordon/7665
RTS No. 149
CC File No. 2610

TO:

Vancouver Liquor Licensing Commission

FROM:

Chief License Inspector, Police Inspector i/c District I
and the Director of Central Area Planning

SUBJECT:

Policies and Procedures for Cabarets not Licensed to Serve Alcohol (Non-Alcoholic Dance Halls)

RECOMMENDATION

THAT the policies and procedures contained in this report be adopted for processing development permit applications for cabarets which are not licensed to serve alcohol.

GENERAL MANAGER’S COMMENTS

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

COUNCIL POLICY

License By-law No. 4450 requires dance hall patrons to be 19 years of age or older, and permits a dance hall to be open from Friday 7:00 a.m. until Monday at 2:00 a.m. on weekends and from Monday through Thursday, from 7:00 a.m. until 2:00 a.m. the following day.

The Zoning and Development By-law refers to dance halls as cabarets and does not distinguish between cabarets licensed to serve liquor and those that are not. Cabaret is a permitted use in most of the Downtown (excluding most residential areas of Downtown South), Chinatown, Gastown and most sites on Denman, Davie and Robson Streets.

The Cabaret and Restaurant Guidelines require:

· a referendum on the application;
· separation from residentially zoned district by a street or lane;
· an acoustical consultant on sound proofing the facility;
· time-limited development permits and an accompanying agreement with the City regarding hours, operation of the facility, security and other issues.

PURPOSE AND BACKGROUND

This report recommends policies and procedures on the location, operation, the processing of applications and other requirements for cabarets which are not licensed to serve alcohol (referred to in the License By-law as dance hall).

At the October 8, 1998 Liquor Commission meeting, Commission members resolved:

THAT the application by John Margetis for a 160-seat cabaret without alcohol at 810 Granville Street be deferred, pending a report back from staff on the adoption of policies for the regulation of after hours, non-alcoholic dance halls in the City.

Staff recommended approval of the proposed non-alcohol dance hall on the following conditions: a time-limited development permit with a condition that no alcohol be permitted in the premises; that the Liquor Control and Licensing Branch be informed that the City does not support a liquor license at this location; that a good neighbour agreement be signed; and that exotic dancing not be permitted. Staff supported the application for the dance hall as a safe and City-approved alternative to the illegal late night clubs operating in a variety of locations in the Downtown. Staff concluded that a dance hall at this location would have less impacts on housing.

There are currently no non-alcohol dance halls operating in the Downtown. However, there is significant patronage for these types of facilities, in illegal establishments. There is one location in the Victory Square district where such an establishment has operated in the past (but has not operated for many years) and the approved use for the floor space continues for this use. The City would be obligated to grant a business license for this location if the owner decided to resume operation of the dance hall. There may be other locations in the City that would fall within the same category.

Staff contacted other cities and found that Montreal, Toronto, San Francisco, Portland and Seattle all permit late night dance halls. Toronto is the only city which limits these establishments to an entertainment district. Other cities are more permissive in permitting them in a variety of locations. (See Appendix A).

The recommended policies and procedures for non-alcohol late night dance halls, if adopted, will be used for the processing of development permit applications and to guide the deliberations of the Liquor Licensing Commission on proposals.

DISCUSSION

It is recommended the policies and procedures for the review and approval of applications of Cabarets which are not licensed to serve liquor (also referred to in the License By-law as Non-alcohol Dance Halls) contain the following provisions:

· hours are limited to 7:00 a.m. to 2:00 a.m. Monday to Thursday but they may operate continuously from Friday 7:00 a.m. to Monday at 2:00 a.m. on weekends as set out in the License By-law;
· hours may be extended for recognized public holidays by the Chief License Inspector as permitted in the License By-law;
· capacity is to be limited to 200 patrons at any one time;
· admittance will be limited to those of 19 years or older;
· notification of residents and businesses within a 1,000-foot (305 m) radius;
· only time-limited development permits will be granted with a condition that no alcohol sales or consumption shall be permitted in the premises;
· exotic dancing will not be permitted;
· a good neighbour agreement, similar to those applying to cabarets, will be required;
· applications must follow the pre-site clearance requirements applying to Cabarets and Class II - Restaurants; and
· locations for new applications for late night non-alcohol dance halls will be limited to the Granville Street Entertainment District (700, 800 and 900 blocks).

These locations are recommended to minimize the conflict between housing and the noise generated by patrons using the late night dance halls. After some experience with these clubs, locations outside the entertainment district can be considered.

In the case of the location where the approved use is currently for a dance hall, a time-limited development permit will not apply. However, in cases where there were serious concerns regarding the operation of this dance hall, the business license could be refused after a show cause hearing.

Non-alcohol Dance Halls are currently permitted in areas where Cabarets are a listed use. These areas include Granville Street (Downtown), the central business district, Broadway between Vine Street and Prince Edward Street and some adjacent blocks, most blocks of Davie Street, Robson Street and Denman Street, Gastown, Chinatown and many commercial areas, including those on Kingsway and Fraser Street and Victoria Drive. Staff believe that the Zoning and Development By-law should distinguish between dance halls which can remain open all night and establishments which hold liquor licenses which must close at an earlier hour. Staff will report back with recommendations for zoning amendments to deal with this issue.

CONCLUSION

Staff recommend that Council adopt the foregoing policies and procedures for non-alcohol dance halls as they will clarify the City’s requirements for these establishments. Staff support the approval of late night dance halls on Theatre Row as they will provide a safe, City-approved alternative to the illegal and in many cases unsafe late night dance halls which are primarily located in the downtown and Downtown South. After a trial period, staff will report back on possible expansion to other areas in the Downtown Core. Encouraging their location in non-residential areas will reduce the impacts of patrons on adjacent housing.

APPENDIX A

REGULATION OF ALL NIGHT DANCE HALLS

City

Contact

Permitted

Hours

Issues/Comments

Toronto

Zoning
(416) 392-7600

Permitted in entertainment district only.

Hours not regulated.
Liquor can be served until 2 am.

Entertainment district is in old industrial area with very little surrounding residential.

Montreal

Planning/Zoning
(514) 872-5985
Permits
(514) 872-3486

Permitted in specific zones.

Hours not regulated.
Liquor can be served until 3 am.

Seattle

Mary Beth Benz
(206) 233-7198

Permitted or conditional in specific zones.

Hours not regulated.
Hours may be regulated in cases where liquor or food served.

State Environmental Protection Act gives the City broad discretion in terms of “environmental” impacts. Rarely used, usually only when impact on residential areas.

Portland

Andy Peterson
(503) 823-7751

Permitted in specific zones, i.e., in commercial or industrial zones
or
if an existing non-conforming use in residential zone.

No limitation on hours in commerial or industrial zones.

If there is an existing non-conforming use in a residential zone, hours may be regulated to limit impacts.

Off-site impacts on adjacent properties are considered, ie. noise, light, glare, vibration and odor.

San Francisco

Zoning
(415) 558-6377

Permitted in specific zones.

Permitted till 2:00 am.
After 2:00 am the use is conditional.

For conditional use, must go to the Planning Commission. Decision will be based on:
- precedent
- neigbourhood opinion
- number of such businesses existing
- consultation with police

* * * * *

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TO:	Vancouver Liquor Licensing Commission
FROM:	Chief License Inspector, Police Inspector i/c District I and the Director of Central Area Planning
SUBJECT:	Policies and Procedures for Cabarets not Licensed to Serve Alcohol (Non-Alcoholic Dance Halls)

City	Contact	Permitted	Hours	Issues/Comments
Toronto	Zoning (416) 392-7600	Permitted in entertainment district only.	Hours not regulated. Liquor can be served until 2 am.	Entertainment district is in old industrial area with very little surrounding residential.
Montreal	Planning/Zoning (514) 872-5985 Permits (514) 872-3486	Permitted in specific zones.	Hours not regulated. Liquor can be served until 3 am.
Seattle	Mary Beth Benz (206) 233-7198	Permitted or conditional in specific zones.	Hours not regulated. Hours may be regulated in cases where liquor or food served.	State Environmental Protection Act gives the City broad discretion in terms of “environmental” impacts. Rarely used, usually only when impact on residential areas.
Portland	Andy Peterson (503) 823-7751	Permitted in specific zones, i.e., in commercial or industrial zones or if an existing non-conforming use in residential zone.	No limitation on hours in commerial or industrial zones. If there is an existing non-conforming use in a residential zone, hours may be regulated to limit impacts.	Off-site impacts on adjacent properties are considered, ie. noise, light, glare, vibration and odor.
San Francisco	Zoning (415) 558-6377	Permitted in specific zones.	Permitted till 2:00 am. After 2:00 am the use is conditional.	For conditional use, must go to the Planning Commission. Decision will be based on: - precedent - neigbourhood opinion - number of such businesses existing - consultation with police