ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
BM King Inc. intending to O/A Bier Markt Applicant
-and-
City of Toronto Intervenor
-and-
King Spadina Residents’ Association Objector
DECISION
Panel: Allan Higdon, Board Member Jacqueline Castel, Board Member
Decision Date: July 23, 2008 Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Toll Free In Ontario: 1-800-522-2876 Fax: (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative BM King Inc., Applicant ) Adam Vassos, Representative City of Toronto ) Ray Kallio, Representative King Spadina Residents’ Association ) Wayne Scott, on his own behalf and on behalf of the objectors
The Application
1The Registrar of the Alcohol and Gaming Commission of Ontario issued Notice of Proposal number 16418 dated June 25, 2008 to review an application for liquor licence for BM King Inc., operating or intending to operate as BIER MARKT (the “establishment”), 600 King Street West, Toronto, Ontario, M5V 1M3, establishment number 202069. A hearing of the Application was held on July 22, 2008 in the City of Toronto.
Decision
2On consent of all parties, the Board APPROVES the Application subject to the conditions on the licence set out below. Reasons follow.
Preliminary Matters
3Mr. Richard Kulis appeared on behalf of the Registrar and advised that the Registrar would not be taking a position regarding the application. Mr. Kulis introduced the letters of opposition to the application, which was marked as Exhibit 1.
4Mr. Ray Kallio, the representative for the City of Toronto, requested party status for the City of Toronto. Mr. Kallio introduced a letter dated July 3, 2008 from the City Clerk, notifying the Registrar of the City’s opposition to the application and requesting permission to participate in the proceeding. This letter was marked as Exhibit 2. On consent of all parties, the Board ORDERED the City of Toronto be made a party to the proceeding.
5Mr. Wayne Scott, on his own behalf and on behalf of the King Spadina Residents’ Association (“KSRA”), requested party status. On consent of all parties, the Board ORDERED the KSRA be made a party to the proceeding.
Reasons
6Mr. Kallio introduced a Consent to conditions with Schedule A attached, which was marked as Exhibit 3 and which forms part of this decision. The parties confirmed that the terms and conditions were developed in conjunction with the City, the Applicant and the KSRA, and on the basis of the agreement contained therein, the City and the KSRA now support the liquor licence application.
7In response to a question from the Board, the representatives for the City and KSRA informed that there were no concerns regarding the proposed capacity for the indoor or outside areas of the establishment, provided that the conditions outlined in Schedule A of Exhibit 3 are adhered to.
8Mr. Scott advised the Board that he notified all but two of the objectors of the proposed conditions, outlined in Schedule A of Exhibit 3, which would attach to the establishment’s liquor license. Mr. Scott introduced the letters of the residents, upon being notified of the proposed conditions, and they were marked as Exhibit 4. Twenty people withdrew their opposition to the application, provided that the conditions are attached to the establishment’s liquor licence. One person, Mr. Bernard Blais, maintained his opposition to the application. Mr. Blais was notified of the time and location of the hearing, but he did not attend. Mr. Kallio informed the Board that he was unable to reach two of the residents who had filed objections, as they were out of town.
Order
9For the above reasons, the Board APPROVES the application for a liquor licence, for the indoor and outdoor areas of the premises with capacities of 186 and 135 persons, respectively, made by BM King Inc., operating or intending to operate as BIER MARKT, 600 King Street West, Toronto, establishment number 202069, subject to complying with all of the requirements of the Liquor Licence Act and to obtaining all of the necessary municipal approvals.
Further, on consent of all parties, the Board ORDERS that the following conditions be attached to the licence:
The applicant shall hold a valid business license, issued by the City of Toronto, to operate a business of the class “Restaurant”.
Food service shall be available from the time of opening until at least 11:00 p.m. on all days that the premises is open for business.
The Licensee shall ensure that a seat is available for a majority (greater than 50%) of the approved occupancy, as specified on the liquor licence, during all hours of operation.
The Licensee shall provide a telephone number for residents to register concerns or complaints. This line will normally be answered by a staff member during the Licensee’s published hours of operation. This line will be equipped with a functioning answering service for those periods when the Licensee’s staff are otherwise occupied and when the establishment is closed.
The maximum size of any space made available as a dance floor shall comply with the governing city bylaw for restaurants.
The Licensee shall ensure that any sound resulting from the operation of the business is not audible beyond a reasonable distance from the lot line of the property on which the premise is located. This clause refers to sound that is generated by any internal or external loudspeakers, conversation by patrons within the premises, and bussing and bottle disposal. A reasonable distance for such sound to be considered in non-compliance is any point opposite the Licensee’s premises that is separated by a public street, public or private laneway or a parting wall between the Licensee’s premises and any adjacent space.
The Licensee shall ensure that a designated employee is on duty at all times to ensure that exiting patrons are not causing a disturbance that will affect nearby residents.
The Licensee shall post a prominent sign at each exit that reminds and/or encourages departing patrons to be considerate of the surrounding community.
The Licensee shall use best efforts to ensure that all areas immediately adjacent to the establishment over which it has control are clean and free of litter, refuse and other debris.
10Any garbage or recycling pick-up shall be scheduled strictly between 7:30 a.m. and 9:00 p.m. Monday to Friday. The noise condition (6) does not apply to this activity, provided the Licensee make a reasonable effort to minimize noise while this process is occurring.
11The Licensee shall ensure that lighting is installed and is operational across the full width of the front, rear and any side of the premises that is accessible to the public. The light fixtures will provide illumination levels between 55 and 110 lumens on all publicly accessible surfaces adjacent to the premises. The Licensee shall further ensure that these lighting fixtures do not direct light into the windows of surrounding structures. The Licensee shall ensure that these lights are fully operational and turned on at sunset and remain on until sunrise the following day, or 4 hours after closing, whichever is soonest.
12At all times while the premises are open for business the Licensee shall ensure that there are clearly visible and functioning security cameras at every exit and entrance as defined in the specification (attached to Schedule A of Exhibit 3), Requirement for Location & Number of Cameras – version 05/2008, Restaurant. It is recommended that all cameras be operating continuously and during non-operating hours be programmed to record whenever movement is detected, using memory buffering to capture video images for at least 2 minutes prior to such motion detection.
13The Licensee shall retain all digital records from the security cameras for a minimum of 30 days. Any recording (or the Digital Video Recording unit) must be available immediately upon request, and at no cost, to officers of the Toronto Police Service and to AGCO liquor licence inspectors.
DATED AT TORONTO THIS 23rd DAY OF JULY, 2008.
JACQUELINE CASTEL, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER
JC/sm
Attached
ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990, c.L.19, s. 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF BM KING INC., OPERATING AS BIER MARKET, 600 KING STREET WEST, TORONTO
LICENCE NO. 804312
CONSENT
WHEREAS BM King Inc. (“Licensee”), City of Toronto (“City”) and the King-Spadina Residents Association (“KSRA”), collectively referred to as the “Parties”, have resolved all outstanding matters with respect to the liquor licence application by the Licensee for the premises known as Bier Markt, 600 King Street West, Toronto (“Premises”);
AND WHEREAS the City and KSRA support the application for a liquor license for the Premises provided that the conditions, as set out in Schedule A attached to this Consent, are attached to the liquor licence of the Licensee for the Premises;
AND WHEREAS the Licensee has agreed to have the said conditions as set out in Schedule A attached to this Consent, attached to the liquor licence of the Licensee for the Premises;
NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the Parties agree as follows:
(a) to request that the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) issue a liquor licence to the Licensee for the Premises, attaching the conditions as set out in Schedule A attached to this Consent; and
(b) that the City and KSRA be notified should the Licensee or its successor make application to the Registrar to remove any or all of the said Conditions.
Dated at Toronto this 22nd day of July, 2008.
BM King Inc. by its Vice President
Grant Cobb
City of Toronto by its Solicitor,
Ray Kallio
King-Spadina Residents Association by its Chair,
Wayne Scott
SCHEDULE A
Bier Markt, 600 King Street West, Toronto
Liquor Licence Conditions
The applicant shall hold a valid business license, issued by the City of Toronto, to operate a business of the class “Restaurant”.
Food service shall be available from the time of opening until at least 11:00 p.m. on all days that the premises is open for business.
The Licensee shall ensure that a seat is available for a majority (greater than 50%) of the approved occupancy, as specified on the liquor licence, during all hours of operation.
The Licensee shall provide a telephone number for residents to register concerns or complaints. This line will normally be answered by a staff member during the Licensee’s published hours of operation. This line will be equipped with a functioning answering service for those periods when the Licensee’s staff are otherwise occupied and when the establishment is closed.
The maximum size of any space made available as a dance floor shall comply with the governing city bylaw for restaurants.
The Licensee shall ensure that any sound resulting from the operation of the business is not audible beyond a reasonable distance from the lot line of the property on which the premise is located. This clause refers to sound that is generated by any internal or external loudspeakers, conversation by patrons within the premises, and bussing and bottle disposal. A reasonable distance for such sound to be considered in non-compliance is any point opposite the Licensee’s premises that is separated by a public street, public or private laneway or a parting wall between the Licensee’s premises and any adjacent space.
The Licensee shall ensure that a designated employee is on duty at all times to ensure that exiting patrons are not causing a disturbance that will affect nearby residents.
The Licensee shall post a prominent sign at each exit that reminds and/or encourages departing patrons to be considerate of the surrounding community.
The Licensee shall use best efforts to ensure that all areas immediately adjacent to the establishment over which it has control are clean and free of litter, refuse and other debris.
Any garbage or recycling pick-up shall be scheduled strictly between 7:30 a.m. and 9:00 p.m. Monday to Friday. The noise condition (6) does not apply to this activity, provided the Licensee makes a reasonable effort to minimize noise while this process is occurring.
The Licensee shall ensure that lighting is installed and is operational across the full width of the front, rear and any side of the premises that is accessible to the public. The light fixtures will provide illumination levels between 55 and 110 lumens on all publicly accessible surfaces adjacent to the premises. The Licensee shall further ensure that these lighting fixtures do not direct light into the windows of surrounding structures. The Licensee shall ensure that these lights are fully operational and turned on at sunset and remain on until sunrise the following day, or 4 hours after closing, whichever is soonest.
At all times while the premises are open for business the Licensee shall ensure that there are clearly visible and functioning security cameras at every exit and entrance as defined in the attached specification –Restaurant CCTV Requirements May 2008. It is recommended that all cameras be operating continuously, and during non-operating hours be programmed to record whenever movement is detected, using memory buffering to capture video images for at least 2 minutes prior to such motion detection.
The Licensee shall retain all digital records from the security cameras for a minimum of 30 days. Any recording (or the Digital Video Recording unit) must be available immediately upon request, and at no cost, to officers of the Toronto Police Service and to AGCO liquor licence inspectors.
ATTACHMENT
1.00 Requirements for Location & Number of Cameras – version 05/2008, Restaurant
1.1.0 Outside Entrance/Exit cameras:
1.1.1. minimum requirement: 2 cameras each at every entrance to and exit from the premises.
1.1.2. position cameras to provide full video surveillance of sidewalk and any private property that is used as a pathway to/from each entrance or exit.
1.1.3. locate cameras at height not more than 10 feet above grade.
1.2.0 Inside Entrance/Exit camera:
1.2.1 minimum requirement: 1 camera per entrance/exit
1.2.2 if there is only 1 path to an exit doorway, position the camera immediately over or immediately to one side of entrance/exit to provide full video surveillance of path used for accessing the exit door
1.2.3 provide 1 additional camera for each additional path that cannot be observed from cameras in (1.2.2)
1.2.4 locate each camera at a height that does not exceed 8 ft above floor.
1.3.0 Other cameras
1.3.1 position cameras to provide video surveillance of all publicly accessible spaces (specifically sidewalks and laneways) that are adjacent to the premises.
1.3.2 locate cameras at a height that does not exceed 10 ft above grade.
2.0.0 Requirements for Digital Video Quality and Retention – version 05/2008
2.1.0 Retention & Access
2.1.1 All digital video must be retained for 30 days after date of recording
2.1.2 All digital archives must be made available free of charge immediately on demand by Toronto Police Service and/or AGCO Enforcement Officers
2.2.0 Quality of video taken from Archives
2.2.1 It is the responsibility of the owner to ensure that the quality and capability of the camera equipment, recording equipment and all miscellaneous wiring and support hardware is adequate to meet the requirements below for the quality of digital video copied from the system’s storage medium.
2.2.2 Camera capability: suitable for night viewing.
2.2.3 Quality of digital video –
Frame size: 640 x 486
Image rate: 60 images/sec.
Digital format: MPG4, CIF4, no transcoding between formats is permitted for evidentiary purposes.
Archive requirement: write storage medium at 50% quality or better.
2.2.4 Note to vendors providing proprietary software: original recorded video must be openly viewable in a court of law.