Re: Just Jakes Liquor License Extension Summer Festival

Transcription

1 June 20, 2011 Council Meeting LATE ITEM-New Business 11.1 Request for Decision Date: June 20, 2011 To: Council - June 20, 2011 From: Lynn Ketch, Director of Corporate Services Re: Just Jakes Liquor License Extension Summer Festival RECOMMENDATION: That Council advise the Liquor Control and Licensing Branch that it has no objection to a temporary extension of the Licensed Area of Just Jakes Restaurant on July 15 & 16, 2011 from 11:00 a.m. to 11:00 p.m. each day to include the paved area of Craig Street adjacent to the Craig Street Brew Pub and Just Jakes Restaurant (25 & 45 Craig Street - less a lane for emergency vehicle access), in order to accommodate street entertainment, BBQ food service and to create a festive atmosphere during the 2011 Summer Festival; And That this approval is subject to a deposit of $300 for any and all cleanup costs that may be incurred in this area by the City of Duncan and proof of liability insurance for a minimum of $2,000,000 with the City of Duncan being named as an additional third party on the insurance policy KEY ISSUES AND BACKGROUND: Just Jakes wishes to extend their existing food and beverage license to serve on Craig Street during the 2011 Summer Festival. They have done so without incident in past years. A Street Closure Permit Application has been received from Just Jakes for the portion of Craig Street between Government and the northerly border of 45 Craig Street (Just Jakes) for the hours of 6:00 p.m., Thursday, July 14 and 11:00 p.m, Saturday, July 16, with Just Jakes being responsible for removing the barricades at the entrance to Craig Street from Government Street at 11:00 p.m. on July 16. The DBIAS and the Summer Festival Society have no plans to use this portion of Craig Street for activities during the 2011 Summer Festival. RELEVANT POLICY: Streets Bylaw 1127 Although the City does not have a policy specifically covering this type of liquor license request, the beer garden policy is attached for information OPTIONS AND ALTERNATIVES: 1. Approve the temporary extension of the liquor license 2. Not approve the temporary extension of the liquor licens 3. Approve with conditions. Lynn Kefch, RevJewe>By^AO Director of Corporate Services Page 1 of 1

2 BEER GARDENS' POLICY 1. All applications for Beer Garden permits (i.e. Public Special Occasion Liquor Licences) be made on the prescribed form (available from a B.C. Liquor Store), signed by the RCMP and submitted to the City Administrator. 2. Hours of Operation: A maximum length of eight (8) hours per day between 12:00 noon and 8:00 p.m. (Council may limit the number of days and hours that a Beer Garden may operate from any one location.) 3. If there is music, the volume is to be kept at a low level. 4. Periodic supervision checks are to be made by a City Commissionaire. 5] If the Beer Garden is deemed unruly or the music is too loud after a request is made to have the volume lowered, the Commissionaire, on checking with the Administrator, Treasurer or Public Works Superintendent, can terminate the Beer Garden. 6. Beer Garden hosts be provided with the "Impaired Driving Designated Driver Program" correspondence from ICBC and the hosts be required to attain the free materials from City Hall, display and use the materials and practice the provisions of the program. 7. That applicants file a financial statement with the City Administrator within fourteen (14) days following a Beer Garden, showing that 35% of the net revenue from the Beer Garden has been donated to a recognized local charity or the City for recreation facility improvements. FOR BEER GARDENS ON CITY PROPERTY In addition to all of the above items, the following applies: a.) That applicants for Beer Gardens on City property are to provide the following items within seven (7) days of Council's approval: i) A signed Facility Rental Agreement ii) Proof of Liability Insurance with a minimum coverage of two million dollars ($2,000,000) naming the City as an additional insured, jii) Payment of $ 100 per day Beer Garden Fee. iv) A $300 refundable maintenance deposit, the majority of which will be returned if the area is left in a satisfactory clean and undamaged condition. b.) Specific designation of the site for Beer Gardens is to be at the discretion of the Public Works Superintendent. c.) If there is music, the volume is to be kept at a low level. For Beer Gardens in Rotary Park (includes McAdam Park), the sound amplification speakers must be directed towards the Cowichan River. d.) Periodic supervision checks are to be made by a City Commissionaire, the cost of which shall be deducted from the $ deposit. e.) If termination of the Beer Garden occurs per item #5 above, the total deposit shall be forfeited.

3 To the City of Duncan, Mayor and Council June 17,20(1 Re: extension of liquor license during Summer Festival July 15 & 16,2011 We have included the applicalion to extend our Jusi Jakes liquor license onto the street in front of our businesses (Just Jakes and Ihe Craig Street Brew Pub) during Summer Festival in July of this year. We extend the Jakes license so we can have family friendly service on the street. This year we will be having a "Rock of Ages" theme, which will in clude a guitar playing competition for amateur musicians, 19 years old and younger. We are aware of the requirements we must meet in order to have this street closure. Following this application, a letter will be faxed to you from our in surance company naming the City as a third party under our liability cover age. We will also provide you with a damage deposit of $ as re quested. In closing, there is an area on the liquor license application that requires the signature of an authorized person from the City giving us permission to do this with No Objections. 45 Craig Street Duncan, BC, V9L1V7 tel fax iustjakes.ca J.jakesi@shaw.ca We thank you for your attention, Sincerely, Lance and Liz Steward Owners G R fl IG STREET BflEUI PUG 25 Craig Street Duncan, BCV9L1V7 tel fax craigst.ca ha w. ca RECEIVED JUN CITYOFDUMCAH

4 BRITISH COLUMBIA The B«r Plate on fenh Temporary Change to a Liquor Licence Food-Primary, Liquor-Primary, Liquor-Primary Clubs & Winery Endorsements Liquor Control and Licensing Fomi LCLB 023 INSTRUCTIONS: Complele all applicable fields and then submit with payment as outlined in Part 11 of this application form. You may complete this form online and then print. If you have any questions about this application, call the Liquor Control and Licensing Branch (LCLB) toll-free at:1 8GG LCLB forms and supporting materials referred to in this document can be found at: ; A complete application including the necessary supporting documents must be submitted a minimum of fourteen (14) business days, in advance of your event(s) otherwise your application may not be processed in time for your event(s). Applications requesting discretion to policy (see Part 9) must be submitted a minimum of two (2) months prior to your proposed event; otherwise your application may not be processed in time for the event. Licensee Information Office use only Job No. (C3-LIC) Licence number id-jo r\\ \ Type:!y Food-Primary [~ Liquor-Primary l~~ Liquor-Primary Club HWinery Licensee name [as shown on licence]: TT^lS"V" Establishment name [as shown on licence]: Establishment Address Contact Name: HS Slreel City Title/Position: 6C Province Postal Code (ihsmfirsl/ middle) Business Tel with area code: Business Fax with area code: Business - ca Business Mail address (il different from above): Street City Province Postal Code PART 1: Temporary Change Requested Please check the appropriate boxes below. You may complete more than one change section on this form as long as the changes are for the same licence number. IMPORTANT NOTE: Those catogorios (") require local govornmont/first Nations commont. TYPJ_Q CHANGE_RE_QLJ_E5TED.COMPLETE SECTIONS F TEMPORARY CHANGE TO HOURS OF SALE Liquor-Primary and Liquor-Primary Club licences, and Winery lounge or special evenl endorsements - any hours changes' 1, 2, 3, 10, 11, 12 Food-Primary licences - requests lor hours of sale later than midnighi" 1,2, 3, 10,11,12 Food-Primary licences- requesls for hours of sale before midnight 1, 2, 3,10, 11 F TEMPORARY PATRON PARTICIPATION ENTERTAINMENT ENDORSEMENT" Food-Primary licences only 1, 2, 4,10,11,12 tj? TEMPORARY EXTENSION OF LICENSED AREA Food-Primary licences only 1,2,5,10,11 r TEMPORARY EXTENSION OF LICENSED AREA* Liquor-Primary and Liquor-Primary Club licences, and winery lounge or special event endorsements. 1, 2, 6, 10, 11,12 l~~ TEMPORARY LOCATION CHANGE" Liquor-Primary and Liquor-Primary Club licences only 1, 2, 7, 10, 11,12 (no increase in patron or person capacity) ~~ TEMPORARY LOCATION CHANGE Food-Primary licences only 1, 2, 8,10,11 (no increase in patron or person capacity) OTHER Applies lo all change requests other Ihanlhese listed above 1, 2, 9, 10, 11 LCLS023 Last updated 5 May 2011) 1 Of 7 Temporary Change lo a Liquor Licence

5 PART 2: Reason Temporary Change is Requested Describe event details including who is holding the event, the hours of the event and its purpose: Arrnu^U A TiUaJ U)t \ /i i 1 /J IA i r ^ c S.' -9 da. be +Ooji CLi 1 TOO. DATE(S) FROM:(mm/dd/yy) 01/ (S / j TO: O~] (inclusive) PART 3: Temporary Change to Hours of Sale - Liquor-Primary and Liquor-Primary Club licences, and Winery lounge or special event endorsements - any hours changos'pee: $330 - Food-Pnmary licences - requests for hours of sale later than midnight' Fee: $330 - Food-Primary licences - requests for hours of sole before midnight (local government/first Nations comment not required) Fee: S110 "IMPORTANT NOTE: Those categories (') require local government/first Nation comment. Licensees may apply for a temporary change in hours of sale for a limiied period, subject to any restrictions within the Liquor Control and Licensing Act, Regulations, branch policies and/or original terms and conditions of licensing. See Part 12 for more information on obtaining local government/first Nations comment. Please provide the following information: Current hours of sale: Monday Tuesday Wednesday Thursday Friday Saturday Sunday OPEN CLOSED Requested hours of sale: (Maximum hours permitted by regulation are between 9:00 am to 4:00 am of the same business day) Monday Tuesday Wednesday Thursday Friday Saturday Sunday OPEN CLOSED LCLB023 2 of 7 Temporary Changa lo a Liquor Licence

6 PART 4: Temporary Patron Participation Entertainment Endorsement Fee: $330 (Food-Primary licences only) Licensees may apply for a patron participation entertainment endorsement for a limited period, subject to any restrictions within Ihe Liquor Control and Licensing Act, Regulations, branch policies and/or original terms and conditions of licensing. Important Note: This application process requires comment from your local government/first Nation. See Part 12 for more information on this process. Describe the type of entertainment you are requesting: Patron participation must end by midnight unless approved by LCLB and local government/first Nations. There are restrictions related to forms of entertainment, sound systems, etc. If you are uncertain about any of the details of your proposal, please consult with licensing staff at LCLB in Victoria (see contact information in Part 11), PART 5: Temporary Extension of Licensed Area (food-primary licences only) Fee: $110 This change enables licensees to apply for a temporary extension of their establishment's licensed areas for a limited period, subject to any restrictions within the Liquor Control and Licensing Act. Regulations, branch policies and/or original terms and conditions of licensing. Approval of this temporary change request permits the licensee to operate only at the capacity on the face of their current licence plus the capacity of the extension area If in doubt, consult with licensing staff at LCLB in Victoria (see Part 11 for contact info). This application process does not require comment from your local government/first Nation. Please provide the following information and documents:. g Current total capacity, including patios (as shown on licence); ^~f f Identify the area (person/patron as shown on licence) to be extended; M<3.n AC-1UJA.Cui Floor plan of the extended area showing how perimeter is defined, dimensions and its physical relationship to existing licensed areas, where the extension is indoors or within a permanent structure. Floor plan must have occupant load of the extended area marked/stamped on the plans by provincial fire or building authority (or designate). Provide proposed capacity of extended area if extension is outside; and ij Where the extension area is not on property owned or controlled by the licensee, provide wntten approval for such use from the property owner. PART 6: Temporary Extension of Licensed Area (liquor-pnmary. liquor-primary club licence and winery lounge and special events endorsements only) Fee" S330 Licensees may apply for a temporary extension of their licensed areas for a limited period, subject to any restrictions within the Liquor Control and Licensing Act, Regulations, branch policies and /or original terms and conditions of licensing Approval of this temporary change request permits the licensee to operate at the capacity on the face of their current licence plus the capacity of ttie extension area. Important Note: This application process requires comment from your local government/first Nation. See Part 12 for more information on this process. Please provide the following information and documents: O Current total capacity, including patios (as shown on licence); Identify the area(s) to be extended; 3 Floor plan of the extended area(s) showing how perimeter is defined, dimensions and its physical relationship to existing licensed areas: Floor plan must have occupant load of the extended area marked/stamped on the plans by provincial fire or building authority (or designate) where the extension is indoors or within a permanent structure. Provide proposed person capacity of extended area(s) if extension is outside; and Where the proposed area is not on property owned or controlled by the licensee, provide written approval for such use from the property owner. LCLBD23 3 of 7 Tortipoiary Change to a Liquor Licence

7 PART 7: Temporary Location Change (liquor-primary and liquor-primary dub licences only) Fee: $330 (no increase in patron or person capacity) Licensees may apply for a temporary change of location of one or more licensed areas in their establishment, to accommodate special events but this change permits no increase in licensed capacity. Proposed changes must comply with occupant load limitations. Important Note: This application process requires comment from your local government/first Nation. See Part 12 for more information on this process. Current area capacities, as shown on licence: Area #11 Area #2 I Area #3 I Area #4 Patio #11 Patio #2 Proposed temporary changes in capacity (no increase in total capacity permitted): Area #11 Area #2 I Area #3 I Area #4 Patio #11 Patio #2! Please attach the following documents: Floor plan of the proposed area(s) showing how perimeter is defined, dimensions and its physical relationship to existing licensed areas. Floor plan must have occupant load marked/stamped on the plans by provincial fire or building authority (or designate), where the extension is indoors or within a permanent structure. Provide proposed capacity of the new area if outdoors. Where the proposed area is not on property owned or controlled by the licensee, provide written approval for such use from the property owner. PART 8: Temporary Location Change (food-primary licences only) Fee: $110 (no increase in patron or person capacity) Licensees may apply for a temporary change of location of one or more licensed areas in their establishment, to accommodate special events but this change permits no increase in licensed capacity. Proposed changes must comply with occupant load limitations. Important Note: This application process does not require comment from your local government/first Nation. Current area capacities, as shown on licence: Area #11 Area #2 I Area #3 I Patio #11 Patio #21 Area #41 Interior lounge Proposed temporary changes in capacity (no increase in total capacity permitted): Area#11 Area#2 I Area#3 Area#4 Interior lounget Patio #1 Patio #2 Please attach the following documents: O Floor plan ofthe proposed area showing how perimeter is defined, dimensions and its physical relationship to existing licensed areas. Floor plan must have occupant load marked/stamped on the plans by provincial building or fire authority (or designate), where the extension is indoors or within a permanent structure. Provide proposed capacity of the new area if outdoors. Where the proposed area is not on property owned or controlled by the licensee, provide written approval for such use from the property owner. Proposed temporary changes in capacity (no increase in total capacity permitted): LCLB023 4 of 7 Temporary Change to a Liquor Licence

8 PART 9: Other Fee: $110 for each request Complete this section if you are requesting a change other than those listed in Part 1, page 1. Describe your request in detail, using additional pages if required. If your request requires an exercise of discretion: provide a written submission detailing why a request for discretion should be approved. All documentation to support your request for discretion must be submitted together in one package; the branch will not consider additional materials submitted after a completed application is received. For more information on requests for discretion, see section of the Licensing Policy Manual ( Requests for discretion should be submitted at least two months prior to the proposed event. DATE(S) FROM: TO: (inclusive) TIME(S): (mm/dd/yy) (mm/dd/yy) PART 10: Declaration My signature (the licensee's) below Indicates I understand and acknowledge: All of the information given is true and complete to the best of my knowledge. Section 15(2) of the Liquor Control and Licensing Act states, "A person applying for the issue, renewal, transfer or amendment of a licence who fails to disclose a material fact required by the form of application or makes a false or misleading statement in the form of application, commits an offence". Signature of applicants (signature of signing officer of a company or society, sole proprietor or all partners in a partnership. An agent or lawyer acting on behalf of the applicant may not sign the application on behalf of the applicants.): Name: Position: Date: (last / first / middle) (mm/dd/yy) Signature:. Name: Position:] Date: (last /first /middle) (mm/dd/yy) Signature:. Name: I Position: Date: (last / first / middle) (mm/dd/yy) Signature:. Name: Position: Date: (last/first/middle) (mm/dd/yy) Signature: LCLB023 5 of 7 Temporary Change to a Liquor Licence

9 PART 11: Application Fees - Payment Options Fees may be paid by cheque, money order, debit or credit card and are non-refundable. Debit transactions can only be made in person at the Victoria Head Office. Submit the payment with the application form. Do not mail cash. Fee(non-refundable): TOTAL FEE Submitted: $ I Payment is by (check (0) one): [~ cheque, payable to Minister of Finance (if cheque is returned non-sufficient funds, a $30 fee will be charged) f" money order, payable to Minister of Finance F VISA f~ MasterCard l~~ AMEX Ifpaying by credit card, please provide credit card details below... Credit card Number: Expiry Date: / Name of cardholder (as it appears on card): Signature of cardholder: Or you may send in the application without credit card information, but you must telephone LCLB Head Office directly to provide the credit card number details. If so, please confirm by checking the box below: F I will call Victoria Head Office at or to provide credit card information and understand that no action can proceed with my application until the application fee Is paid In full. Ministry of Public Safety and Solicitor General Liquor Control and Licensing Branch Location: 4th Floor, 3350 Douglas St., Victoria BC V8Z 3L1 For Mail Only: PO Box 9292 Stn Prov Govt Victoria, BC V8W 9J8 Phone: Fax: Web: liquor.licensing@gov.bc.ca PART 12: Local Government/First Nation Comments ^OBJECTION ano OBJECTION Comments: Name of Municipality/Regional District/First Nations: Name (print) Title: Phone: Signature: Date: LCLB023 6 of 7 Tomporary Changs to a Uquor Licence

10 PART 13: What Happens Next? The temporary change application process: 1. If the requested temporary change(s) require local government/first Nation comment, the applicant must take the completed application form and all required documents to their local government/first Nation and request that the local government/first Nation complete and sign Part The applicant will submit the signed application, all required documents and application fee to the Victoria Head Office (LCLB). Note: Applicants must ensure they submit their completed application a minimum of fourteen (14) business days (or two (2) months, if it's a request for discretion - see Part 9) before the proposed change. 3. The LCLB licensing staff will review the application package and advise the applicant by phone, mail or fax, of any information or documents required before the application can be processed. 4. LCLB licensing staff will request comments from the local liquor inspector. 5. If required, the local liquor inspector will work with the applicant on security and related issues. 6. LCLB licensing staff will review the comments from the local government/first Nation (if applicable) and local liquor inspector. 7. LCLB staff will contact the applicant by, fax or mail to let them know whether or not the change has been approved. The applicant will receive LCLB's decision in writing. [Freedom of Information and Privacy Act - The information requested on this form is collected for the purpose~of obtaining or making changes to a liquor licence application. All personal information is collected under the authority of Section 15 of the Liquor Control and Licensing Act (RSBC 1996, c.267). Questions should be directed to: Liquor Control and Licensing Branch, Freedom of Information Officer, PO Box 9292, STN PROV GOVT, I Victoria, BC V8W 9J8. Ph: In Victoria, Outside Victoria Fax: LCLB023 7 Of 7 Temporaiy Chango to a Liquor Licenco

11 sidewalk bleachers bleachers Iiieachers bleachers Entrance Capacity 143 people Standing room BBQ lent Tshin tern sidewalk fence sidewalk fence il i Just Jakes Rest. 45 Craig St. Craig Si. Brew Pub 25 Craig St

12 International Trans Canada Hwy. Duncan, BC V9L 3P8 Ph: (250) Fax:(250) HUB International Barton Insurance Brokers June 17,2011 Certificate of Liability Insurance This certificate of Insurance neither affirmatively nor negatively amends, extends or altere the coverage afforded bv te f f?»h?" ih!?'n:,lt is?jrnlsned as a matter of information only, confers no rights upon the holder and is issued with the understanding that the rights and liabilities of the parties will be governed by the original policy or policies as they may be lawfully amended by endorsement INSURED: ADDITIONAL INSURED ADDRESS: POLICY TERM: INSURER: POLICY NUMBER: COVERAGES: DEDUCTIBLE: (Occurrence Basis) JLC Enterprises Ltd. and Craig Street Brewing Co. Ltd. The Corporation of the City of Duncan PO Box 820 Stn Main, Duncan BC V9L 2Y2 45 Craig Street, Duncan BC, V9L1V7 Aug to Aug Lloyds of London CS $3,000,000 Commercial General Liability- Occurrence Basis $2,500 CONDITIONS: As per policy terms, conditions and wordings as issued by the Insurer. PER: HUB INTERNATIONAL BARTON INSURANCE BROKERS This insurance binder is subject to the terms, conditions and exclusions of the policy to be issued by the above noted Insuring Company and is automatically cancelled upon issuance of the insurance policy. The Standard Mortgage Clause applies. Bruce Whitehead Account Executive HUB International Barton Insurance Brokers KS^SS»^^ ANV DISCREPANCIES. WACCURAOES OR NECESSARY CHANGES THIS POLICY CONTAINS A CLAUSE(S) WHICH MAY LIMIT THE AMOUNT PAYABLE