REPORT TO COUNCIL VANCOUVER LIQUOR LICENSING COMMISSION November 9, 1995 A Regular Meeting of the Vancouver Liquor Licensing Commission was held on Thursday, November 9, 1995 at approximately 7:30 p.m. in Committee Room No. 2, third floor, City Hall. PRESENT: Councillor Kennedy, Chair Councillor Hemer Councillor Ip Councillor Kwan ALSO PRESENT: Insp. Gary Greer, Vancouver Police Department Maria Kinsella, City Clerk Cst. Russ Foster, Vancouver Police Department Paul Teichroeb, Deputy Chief License Inspector CLERK: Steve Kautz 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. RECOMMENDATION 1. 99 Powell Street, Senorita Frogs File: 2613-9 (also known as Club NRG) For the Commission's consideration was an Administrative Report dated November 3, 1995 (on file), in which the Chief License Inspector, in consultation with the City Clerk, the Director of Environmental Health and the Chief Constable, provided a history of the concerns and problems associated with the management and operation of Senorita Frog's Cabaret, 99 Powell Street. The report also provided information on the ongoing staff efforts to respond to the complaints and reviewed the Cabaret's ongoing poor management. The report noted that since the current owners started operation of the Cabaret in mid-1994, problems have persisted, as have ongoing complaints from neighbours both in the same building as the Cabaret and from the surrounding neighbourhood. The report recommended that the Commission request City Council to hold a Show Cause Hearing regarding the business license for the Cabaret. cont'd.... Clause No. 1 (cont'd) Mr. Paul Teichroeb, Deputy Chief License Inspector, reviewed the history and status of the Cabaret and the ongoing complaints associated with it, concluding that no real improvements have been noted throughout the period of the current ownership's operation of the premise and that serious problems of noise, overcrowding, lack of patron control and street disturbances continue. The Chair informed the Commission the Cabaret at 99 Powell Street has now formerly changed its name through the Liquor Control and Licensing Branch to Club NRG. Furthermore, the Cabaret is now in the process of being sold. Should the sale proceed, the Show Cause Hearing will be negated. Mr. Teichroeb confirmed he also had information that the Club may be sold. Staff will monitor this situation as it unfolds. Mrs. Maria Kinsella, City Clerk, advised the Commission that it is staff's position the recommendation before the Commission could be approved and staff would take appropriate action depending on any subsequent transfer of the Cabaret's license. Mr Rick Erdman, H.O.S.T. Consulting, appeared on behalf of the owners and confirmed the owners intend to complete the sale of the license by December 1, 1995. In the interim, the prospective owners have taken over the management functions of the Cabaret. Several individuals present at the meeting identified themselves as part of the prospective ownership group. They indicated some background in cabaret and nightclub management and advised of their plans to move the focus of the Cabaret toward a new atmosphere and clientele, including some charity functions. They advised they were not aware of the history of problems associated with the Cabaret and would be interested in pursuing soundproofing, neighbourhood meetings and other remedial measures. Commission members advised the prospective owners of Council's awareness of the problems associated with the Cabaret and its intention to ensure corrective action is taken, including the suspension or revocation of the business license if necessary. Commission members cautioned the prospective owners as to Council's and the neighbourhood's intolerance of any continuation of the problems currently associated with the Cabaret. A Commission member asked staff whether the City could undertake to have the new owners agree to operational guidelines as a condition of the Business License and asked staff whether there would be a report back on this topic. In response, Mr. Teichroeb cont'd.... Clause No. 1 (cont'd) advised that the power to transfer and issue liquor licenses resides with the Liquor Control and Licensing Branch. Once a liquor license is issued, the City cannot withhold a business license, except on very narrow grounds, such as for a criminal record or other gross misconduct. Therefore, the Commission RECOMMENDS THAT Vancouver City Council hold a Show Cause Hearing regarding the business license to operate a Cabaret at 99 Powell Street. * * * The meeting adjourned at approximately 8:45 p.m.