REPORT TO COUNCIL VANCOUVER LIQUOR LICENSING COMMISSION March 14, 1996 A Regular Meeting of the Vancouver Liquor Licensing Commission was held on Thursday, March 14, 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: Judy Rogers, Assistant City Manager Paul Teichroeb, Deputy Chief License Inspector Nathan Edelson, Planner, Central Area Planning CLERK: Gary MacIsaac 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 December 7, 1995, were adopted as circulated. 1. Update on Licensed Premises within the Downtown Eastside to January 21, 1996 File: 2610-13 The Commission had before it an Administrative Report dated January 24, 1996, in which the Chief Constable provided an ongoing overview of problems and issues concerning licensed premises, and the status of any enforcement or other activities pertaining to licensed premises within the Downtown Eastside from January, 1994 to January, 1996. Clause No. 1 Continued Inspector Gary Greer, Vancouver Police Department, noted the report should be amended to reflect the following changes: - The report states that the Dominion Hotel was suspended in September, 1995 for serving minors. In fact the Hotel was suspended for overcrowding; - Vancouver City Council has reviewed the business license of Club NRG (also known as Senorita Frogs), with the result that Club NRG has recently signed operating agreements with the City. The Club's Liquor License was due to expire the end of February, but the Club was extended a three month temporary license, pending the outcome of a Liquor Control and Licensing Branch review of their license; - In February, 1996 the Balmoral Hotel received a warning letter regarding overcrowding. Ms Judy Rogers, Assistant City Manager, advised she will be meeting with staff from the Police Department to review this reporting format and invited the input of Commission members. Commission members advised the issue of "Repouring" had arisen in an earlier Council meeting, and requested this definition be clarified for the record. Inspector Greer explained that the Liquor Control and Licensing Branch regulations prohibit the repouring of liquor from the original container into another container. The intent of this regulation is to prevent a business from selling a cheaper brand of liquor in the bottle of a more expensive product. The following motion by Councillor Hemer was put and CARRIED. Therefore the Commission RESOLVED THAT the Administrative Report dated January 24, 1996, updating the Commission on the licensed premises in the Downtown Eastside to January 21, 1996, be received for information. 2. 569-581 Hornby Street (New Hotel) Class 'A' Lounge File: 2611-33 In an Administrative Report dated February 19, 1996, the Deputy Chief License Inspector advised Spectra Pacific Development Corporation is requesting a Council resolution endorsing its application for a 100- seat, Class 'A' Lounge in the 126 suite hotel to be constructed at 569- 581 Hornby Street. Mr. Paul Teichroeb, Deputy Chief License Inspector, advised Council policy is to consider waiving the requirement for a referendum for new Class 'A' Lounge liquor licenses within an existing full-service hotel located in the downtown core, provided it is illustrated there is little or no community opposition as determined by the response to the pre- clearance notification process. In this instance, staff recommend approval of the application. The following motion by Councillor Hemer was put and CARRIED. Therefore, it was RESOLVED THAT Council endorse the request from Spectra Pacific Development Corporation for a Class 'A' Lounge liquor license in the proposed new hotel at 569 - 581 Hornby Street. 3. 950 Granville Street - Class 'C' Cabaret File: 2613-14 In an Administrative Report dated February 19, 1996, the Deputy Chief License Inspector reported on an application by Mr. Charles Wertman which requested a Council resolution endorsing his proposal for a Class 'C' Cabaret at 950 Granville Street. Mr. Paul Teichroeb, Deputy Chief License Inspector, advised staff recommends this application not be endorsed, due to the present moratorium in effect, which states that on an interim basis, no new liquor licenses will be permitted in Downtown South. Since the moratorium has been in effect, staff have been approached by 15-20 applicants wishing to make applications in Downtown South, and have discouraged them from doing so until the report back on future policy for this area is completed. Mr. Teichroeb further advised the staff recommendation is not based upon the merits of the application, but rather the issue of compliance with the moratorium. Clause No. 3 Continued Mr. Nathan Edelson, Planner, responded to queries from Commission members concerning the status of the policy report for Downtown South, and advised it will be scheduled for the Standing Committee on Planning and Environment in the first week of May. Based on this schedule, it would be June before the Commission can consider any liquor applications for Downtown South. Mr. Edelson also highlighted some of the policy issues which will be contained in the report. Mr. Charles Wertman, applicant, requested that the Commission endorse this application. Mr. Wertman advised that housing has been deleted as a permitted use on this block, so the liquor moratorium on new licenses should not apply in this case. Also, this application will help revitalize the area, and has the support of 71% of the property owners in the 800-900 blocks of Granville Street. Mr. Wertman also advised that the City's proposal to encourage the relocation of cabarets from residential areas to Granville Street is impractical, and will not happen, as the site requirements for such a use, as set out by the Planning Department, result in a lack of sites available for relocation. Also, it is unfair for the City to provide a density bonus in order to encourage these cabarets to relocate. Mr. Wertman concluded that Granville Street properties have steadily declined in value compared to other downtown areas, such as Robson Street. This is a good use of the existing property which should help improve the area. Mr. Stuart Howard, Architect, advised he was appearing before the Commission on behalf the applicant. Mr. Howard stated this project will enhance the area, and staff opposition appears to be based on what they would like to see, rather than what is going to happen. The Planning Department's desire to move other Cabarets to Granville Street is wishful thinking, but will not happen. This is the best option for revitalizing the area. Mr. Blaine Culling requested this application not be endorsed while the moratorium is in place. Mr. Culling advised that he also wished to make a liquor application while the moratorium was in place, but had been discouraged from doing so by staff. If the Commission were to endorse this application, it would set a bad precedent.Clause No. 3 Continued Mr. Dennis Coates asked that the Commission respect the moratorium which is in place, and not endorse this application. In the past he has been discouraged from submitting liquor applications in this area on behalf of clients. Mr. Chris Scott urged the Commission to endorse this application as it will be a benefit to Vancouverites and tourists. Mr. Adrian Turk, (brief on file), urged the Commission to not endorse this application on the basis that the moratorium is in place. Mr. Turk also advised he is tenant in the property the applicant wishes to demolish, and has made a substantial investment in the property. The revitalization of Granville Street does not require the destruction of buildings, rather the improvement of current structures. After discussion, the following motion by Councillor Hemer was put and CARRIED. Therefore, the Commission RESOLVED THAT the Vancouver Liquor Licensing Commission advise the Liquor Control and Licensing Branch it does not endorse the application by Charles Wertman for a Class 'C' Cabaret at 950 Granville Street. 4. 870 Granville Street (Commodore Cabaret) Class 'C' Cabaret and Class 'B' Restaurant File: 2613-16 In an Administrative Report dated February 29, 1996, the Deputy Chief License Inspector advised of a request from Pensionfund Properties Ltd., for a Council resolution endorsing a Class 'C' Cabaret and Class 'B' Restaurant liquor license at 870 Granville Street. The report recommended that Council endorse this request, as this support for the continuation of a Cabaret at 870 Granville Street may help to preserve this important entertainment use on Granville Street. Mr. Paul Teichroeb, Deputy Chief License Inspector, advised the applicant is the owner of this property. The Commodore Cabaret Ltd., who owns and controls the liquor license, is attempting to sell the business. The applicant has made application for their own liquor license on this site, and endorsement from Council is required by the Liquor Control and Licensing Branch.Clause No. 4 Continued Mr. Dennis Coates, on behalf of the applicant, advised they are still hopeful the existing tenant will remain on the site. However, in the event that the operator does leave the site, the applicant is applying for a liquor license so the property will not remain vacant. The following motion by Councillor Hemer was put and CARRIED. Therefore, it was RESOLVED THAT the Vancouver Liquor Licensing Commission advise the Liquor Control and Licensing Branch that it supports the continuation of the existing Class 'C' Cabaret and Class 'B' Restaurant operation at 870 Granville Street with the existing or replacement liquor licenses. 5. 1021 West Hastings Street Terminal City Club Inc. File: 2615-7 In an Administrative Report dated March 4, 1996, the Deputy Chief License Inspector advised the Terminal City Club Inc., is requesting a resolution endorsing its application for a temporary relocation of their Class 'E' liquor license to 1021 West Hastings Street. Staff recommend the Commission endorse this request as there are no concerns related to residential impacts in this Commercial Downtown District. * * * * * NOTE FROM CLERK: Subsequent to this report being considered by the Commission, the Deputy Chief License Inspector advised the license referred to in the Administrative Report was a Class 'A' liquor license, and not a Class 'E' liquor license. The Commission resolution has been amended to reflect this change. * * * * * The following motion by Councillor Ip was put and CARRIED. Therefore, the Commission RESOLVED THAT the Vancouver Liquor Licensing Commission endorse the request by the Terminal City Club Inc., for a temporary (two year) relocation of the Class 'A' Concert Hall liquor license to 1021 West Hastings Street.6. Information on Barwatch Program in Downtown Cabarets File: 2701-5 In a verbal report to the Commission, Staff Sergeant Doug MacKay- Dunn, Mr. Vance Campbell, Chair of Barwatch, and Mr. Roger Gibson, B.C. Cabaret Owners Association, provided a synopsis of the Barwatch program. The organization's mandate is to promote the safety and security of patrons in downtown licensed establishments. It operates on the same basis as Neighbourhood Watch, as the downtown entertainment community assists each other and the Police in preventing potential problems within member establishments. All members of the organization use video surveillance equipment at the entrances of licensed premises and there is a common alert paging system which enables all of the member licensees to be informed of potential problem situations headed in their direction. Barwatch signs are posted at entrances advising patrons that the premises participates in the program which is sponsored by the Vancouver Police Department. In most cases patrons are alerted they are being video taped upon entering by the presence of a video monitor at the entrance of the establishment. Not everyone is automatically allowed to join Barwatch. Some licensed premises have been denied membership on the basis of their current practices. Barwatch has also become a venue for members to discuss mutual concerns. In the future they will be approaching the Commission regarding a proposal to extend the period allowed to have patrons exit licensed premises. The following motion by Councillor Hemer was put and CARRIED. Therefore it was RESOLVED THAT the verbal report on the Barwatch Program in Downtown Cabarets be received for information. 7. Molson Indy Site - Class 'E' Liquor License File: 2615-8 The following correspondence was before the Commission: - Letter dated March 4, 1996 from the Liquor Control and Licensing Branch to W.A.E. Hick and Associates;Clause No. 7 Continued - Letter dated February 20, 1996 from the Liquor Control and Licensing Branch to Paul Teichroeb, Deputy Chief License Inspector; - Letter dated February 9, 1996 from W.A.E. Hick and Associates to Liquor Control and Licensing Branch; - Letter dated January 25, 1996 from Liquor Control and Licensing Branch to W.A.E. Hick and Associates; - Letter dated December 27, 1995 from W.A.E. Hick and Associates to Paul Teichroeb, Deputy Chief License Inspector. Mr. Bert Hick (brief on file) and Mr. Dennis Coates appeared on behalf of the applicant, Molson Indy. For the past six Molson Indy weekends the liquor licensing for the event has been achieved by the Liquor Control and Licensing Branch granting temporary extensions of the Class 'E' stadium license issued to B.C. Pavilion Corporation for the B.C. Place Stadium. Basically, the Branch extends the B.C. Place Stadium license to cover the Indy site, and then allows another party, Grand Prix Management Inc., to use their liquor license for the sale of liquor in the pit suites, chalets, and beer gardens. As well, Special Occasion Licenses have been issued. The management of the Vancouver Indy now want their own liquor license. Messrs. Hick and Coates advised there are some issues which need to be addressed at the Provincial level, but before proceeding further, a resolution from Council is requested which endorses approving in principle, the application for a Class 'E' outdoor stadium license for the Vancouver Indy. In order for the applicant to have enough time to address the outstanding issues prior to the next Molson Indy, this Council resolution is required in the very near future. Mr. Paul Teichroeb advised that due to the unusual nature of this application, staff have not prepared a report for the Commission on this matter. In the ensuing discussion Commission members stated they would like to see a report from staff before formally considering an endorsement of this application.Clause No. 7 Continued The following motion by Councillor Hemer was put and CARRIED. Therefore it was RESOLVED THAT formal consideration of this matter be deferred until the March 28, 1996 Standing Committee on Planning and Environment meeting, at which time a staff report will be available. * * * * * The meeting adjourned at approximately 9:50 p.m. * * * * *