====~~ Report No. EDP007-2012 January 13, 2012 File No: 4320-60/Moxie's Classic Grill COUNCIL REPORT Regular Council To: From: Subject: Mayor and Council Darren Braun, Senior Planner Council Hearing on a Food Primary Liquor Licence Amendment Application for the property located at 32760 Simon Avenue (Owner: Moxie's Restaurants, Limited Partnership) RECOMMENDATIONS 1. THAT Report No. EDP007-2012, dated January 10, 2012, from the Senior Planner, regarding a Food Primary Liquor Licence Amendment application, for the property located at 32760 Simon Avenue, be received; and If, after considering the comments and concerns of surrounding property owners and occupiers, Council wishes to proceed with this Food Primary Liquor Licence Amendment as presented, the appropriate motions are: 2. THAT the Food Primary Liquor Licence Amendment to extend hours of liquor service from midnight to 1 :OOam daily, at the Moxie's Classic Grill located at 32760 Simon Avenue, be approved, subject to the operator maintaining a business licence in good standing, and that the applicant apply and be accepted as a participant in the City's Bar Watch Program; and 3. THAT the comments outlined in Report No. EDP007-2012, the minutes of the Council Hearing, and any written comments received, be provided to the Liquor Control and Licensing Branch, in accordance with Section 53 of the Liquor Control and Licensing Regulation. BACKGROUND At its January 9, 2012 meeting, Council gave approval in principle to this Food Primary Liquor Licence Amendment application, and instructed it proceed for public comment at an upcoming Council Hearing. The Cities Business Bylaw permits Food Primary establishments within Abbotsford are permitted to remain open until 1 a.m. The Liquor Control and Licensing Board (LCLB) has two categories of liquor licenses; Liquor Primary, and Food Primary. A Liquor Primary Licence (LPL) is the licence issued to bars and pubs, where patrons may consume liquor without food. A Food Primary Licence (FPL) is typically issued for restaurants that enable patrons to have liquor with their meals. Normally, a restaurant can obtain a FPL without approval of the Local Government in which it is located. However, if the establishment wishes to amend an existing LPL, sell and serve liquor after midnight, or if it wishes to provide patron participation entertainment, the operator must submit an application to the City, as well as to the LCLB for approval. The LCLB will not consider the application for the liquor license until a resolution by Council is received. -97
Report No. EDP007-2012 Page 2 of 3 PROPOSAL Moxie's Restaurants, Limited Partnership intends to establish a restaurant within a new building located on the property. The Moxie's is located within a commercial property, which includes the Sandman Hotel and is directly across the street from another commercial property (Canadian Superstore). The operators intend to make liquor available with meals, and in addition, wish to serve liquor with meals between midnight and 1:00 a.m. The application to the LCLB also indicates the request to operate a restaurant lounge where, consistent with provincial legislation, liquor may be consumed without food. Overall seating in the restaurant is 213, of which 34 will be in the lounge area. The application includes 38 patio seats, which are included in the overall occupancy total. The proposed patio will be located on the south side of the building, facing the interior of the commercial development as illustrated on the attached site plan. The restaurant is not proposing any patron participation entertainment or entertainment. However, musicians are permitted in all restaurants where included in the LCLB liquor license authorization. The Business License Bylaw, 2006 permits the sale of liquor to 1 :00 a.m. for Food Primary (FPL). The request to extend the hours from midnight to 1 :00 a.m. complies with the Bylaw. This request is consistent with other restaurants (FPL) which are open to 1 :00 a.m. ANALYSIS Staff is supportive of the proposed changes to the Moxie's Classic Grill Food Primary Liquor License, as the proposed changes to both their hours of operation will not result in any expansion of the building or the number of total seats within the building or on the outdoor patio. The hours are also consistent with the permitted hours of operation set out in the Business Licence Bylaw. The Liquor Control and Licencing Branch (LCLB) requires that the City comment on the following issues: 1) The potential for noise if the application is approved. The existing location and building are not proposed to be changed, and the hours of service on the outdoor patio is proposed to remain open until 1 :00 a.m. daily. 2) The impact on the community if the application is approved. Extending the hours of operation to 1 :00 a.m. is consistent with the City's Business Licence Bylaw which permits the sale and service of liquor in both liquor primary and food primary establishments until 1 :00 a.m. 3) Whether the amendment may result in the establishment being operated in a manner that is contrary to its primary purpose. The Moxie's Classic Grill operator is a well established operator in the Lower Mainland. The operator is required to comply with the Liquor Control and Licencing Board licence requirements, and with the City Business Licence Bylaw. The operation will be subject to periodic inspections by both levels of government. The sale of liquor until 1 :00 a.m. is consistent with City Bylaws. L:ILIQUOR LI CENCE AMOnz011 ApplicalionslMoxie's Classic GriInEOP007 201 2.doc - 98-
Report No. EDP007-2012 Page 3 of 3 4) The views of residents if the licence amendment may affect nearby residents: As of January 13, 2011, no written responses were received from the recent mail out. However, any comments that are received before and any comment received during the January 23, 2011 Council hearing will be forwarded to the LCLB. FINANCIAL PLAN IMPLICATION No financial plan imptications are anticipated. STRATEGIC DIRECTIONS No Strategic Directions plan implications are anticipated. COMMUNICATION PLAN Surrounding property owners and occupiers were notified that they may comment on the proposed Food Primary Liquor Licence Amendment when it is considered by Council on Monday, January 23, 2012. After hearing such representations, Council may approve the Liquor Licence Amendment as presented, approve it in an amended form, reject it or refer it back to staff for further consideration. SUMMARY The Food Primary Liquor License amendment application relates to the owners proposal to extend their hours of operation from midnight to 1 am daily for the Moxie's Classic Grill. The extended hours of operation are consistent with the Business Licence Bylaw that regulates the hours of operation of all licensed establishments in the City of Abbotsford. Gene nager Economic Development & Planning Services Darren Braun Senior Planner Margaret-Ann Thornton, MCIP Director of Planning DB L:\LI QUOR LICENCE AM0T\2011 Applications\Moxie's Classic GriU\EDP007-201 2.doc -99 -
--, ~%~ (8]0.~ o, - ~.~ ~~ FIGURE 2 FLOOR PLAN ADDRESS: APPLICANT: ira 32760 Simon Avenue Moxie's Restaurants. Limited Partnership Erin Teeple - contact Development Services Department - Development Approvals FILE NO. 4320-60 January 2. 2012
f" ~ t: ~ ~io,. } ' : ~i,...:0. ""'" J"'l=,.!;, --;.. FIGURE 1 LOCATION ADDRESS: APPLICANT:......,.; 32760 Simon Avenue Moxie's Restaurant, Limited Partnership Erin Teeple - contact Development Services Department" Development Approvals FILE NO,, 4320-60 December 12, 2011-101 -