Registrar, Alcohol and Gaming Commission of Ontario v. Coyote Ugly Saloon Toronto Companies, 2009 CanLII 4451

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-

Coyote Ugly Saloon Toronto Companies intending to operate as Coyote Ugly Saloon (formerly known as The Frat House) Licensee

DECISION

Panel: Dianne Axmith, Board Member Brian J. Ford, Board Member

Decision Date: January 9, 2009 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 ) Daniel Alakas, Representative 212 Adelaide West Holdings Limited, Licensee ) Adam Vassos, Representative King Spadina Residents Association ) Don Rodbard, Representative Microsonic Group of Companies ) Jerry Levitan, Representative

Application

A hearing into Notice of Proposal number 15906 dated September 26, 2008, to review an application for a licence from Coyote Ugly Saloon Toronto Company, (the "Applicant"), operating or intending to operate as COYOTE UGLY SALOON, 220 Adelaide Street West, Toronto, Ontario, M5W 1W7, (the "establishment" or the "premises"), formerly known as The Frat House, for the indoor area of the premises with a capacity of 383 persons, on the basis that the AGCO has received one or more written objections to the application from residents of the municipality. A hearing of the application was held on December 18, 2008, in the City of Toronto.

Decision

After considering all the evidence and submissions the Board confirms its oral order and APPROVES the application on the conditions set out below. Reasons for these findings follow.

Preliminary Matters

Daniel Alakas appeared on behalf of the Registrar. He advised that the Registrar took no position on the public interest aspects of the hearing.

Conclusion

This matter was resolved when the objectors, except one, Mr. Brian Alpern, withdrew their objections and the parties agreed to the inclusion of the conditions (Exhibit #1) that forms part of this decision. Mr. Alpern had been notified of the hearing but was not present, therefore the Board was unable to assess Mr. Alpern's level of objection.

Order

For the above reasons the Board APPROVES the application for a liquor licence made by Coyote Ugly Saloon Toronto Company, (the "Applicant"), operating or intending to operate as COYOTE UGLY SALOON, 220 Adelaide Street West, Toronto, Ontario, M5W 1W7, for the indoor area of the premises with a capacity of 383 persons, subject to all statutory conditions and municipal regulations.
Further, the Board orders that the following conditions be attached to the licence on consent of the Applicant:
The Licensee shall hold a valid business licence, 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 (including outdoor areas used by patrons), 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 or ceiling between the Licensee's premises and any other 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 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 in 6(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 sooner.
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.doc. 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 Recording unit) must be available immediately upon request, and at no cost, to officers of the Toronto Police Services and to the AGCO inspectors.

DATED AT TORONTO THIS 9th DAY OF January, 2009.

DIANNE AXMITH, BOARD MEMBER BRIAN J. FORD, BOARD MEMBER

Attached

LIQUOR LICENCE ACT

In the matter of the Application for a Liquor Sales Licence made by Coyote Ugly Saloon Toronto LLC in respect of:

Coyote Ugly Saloon 220 Adelaide Street West Toronto, Ontario, M5W 1W7

Coyote Ugly Saloon Toronto LLC, the Applicant in respect of the above noted premises, does hereby consent to the following terms and conditions being attached to the Liquor Licence:

1 (a) The applicant shall hold a valid business licence, issued by the City of Toronto, to operate a business of the class "Restaurant".

1 (b) 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.

1 (c) 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.

1 (d) 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.

1 (e) The maximum size of any space made available as a dance floor shall comply with the governing city bylaw for restaurants.

1 (f) 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 (including outdoor areas used by patrons), 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 or ceiling between the Licensee's premises and any other adjacent space.

1 (g) 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.

1 (h) The Licensee shall post a prominent sign at each exit that reminds and/or encourages departing patrons to be considerate of the surrounding community.

1 (i) The Licensee shall use best efforts to ensure that all areas immediately adjacent to the establishment are clean and free of litter, refuse and other debris.

1 (j) 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 in 1 (f) does not apply to this activity, provided the Licensee makes a reasonable effort to minimize noise while this process is occurring.

1 (k) 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.

1 (l) 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.doc. 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.

1 (m) The Licensee shall retain all digital records from the security cameras for a minimum of 30 days. Any recording (or the Digital Recording unit) must be available immediately upon request, and at no cost, to officers of the Toronto Police Services and to the AGCO liquor license inspectors.

I DO consent to the above conditions being placed on the liquor Licence.

I do NOT consent to the above conditions and would like a Hearing on this matter

I do NOT consent to the above conditions and would like to withdraw my Application.

Signature Print Name Date

In consideration of the Applicant consenting to the above Conditions being placed on the Liquor License, the King Spadina Riding Association hereby consents to the issuance of the Liquor License and supports the Applicant's Liquor License Application.