OLDS — Town council has approved an application by Circle K ownership to create a separate five-seat restaurant in the convenience store, thereby allowing it to sell alcohol in-store or as off-sales.
“The applicant has applied for an accessory restaurant use within the convenience store and restaurants are a permitted use in the (highway commercial) district,” development officer Kyle Sloan said during council’s Feb. 12 meeting.
“They've carved out an area of the convenience store that would have five seats,” Sloan added. “There is a small separation, a small wall, but not one that requires building permits, only development permits.”
Sloan said council approval of the development permit is a requirement before the applicant can get approval from the province’s Alberta Gaming Liquour and Cannabis (ALGC) authority.
“They aren't allowed to combine convenience stores with liquor stores, but you are allowed to combine convenience stores with restaurants, even if the restaurants are selling off-sales,” Sloan added.
He said this model is being proposed in several locations throughout Alberta and in other provinces.
“They currently have 30 to 40 applications in Alberta. And this is one of the first ones for Circle K,” Sloan said.
Sloan said under a bylaw, Circle K is required to have 14 parking stalls on site and the redevelopment plan, which includes a carwash, provides 21.
Administrative staff recommended approving the development permit, subject to several conditions.
Coun. Harvey Walsh said five seats doesn’t “meet my definition of restaurant.” He wondered if other communities have enacted bylaws approving such developments.
Sloan said the AGLC does not require a bylaw for this proposal, just approval of the development permit.
“Technically, it fits under our definition of a restaurant, although it is accessory to the convenience store,” he said.
“Both of the relevant uses that I see defined in our bylaws that would pertain to this -- restaurant and liquor store -- are permitted uses in the highway commercial district.
“So if this were a standalone use, administration would be able to approve it. It's at council because it's accessory to the convenience store.”
Coun. Darren Wilson asked if the proposal includes not only selling beer and wine but also liquor. Sloan confirmed that it does include the sale of beer and wine as well as seltzers and spirits, but that the spirits sold would be in mickey-sized bottles.
Coun. James Cummings described the proposal as “very interesting.”
“I've lived in five different provinces, and every province has a different way of selling their booze,” Cummings said.
“This is a very interesting workaround to the rules AGLC in the province have against selling liquor at a convenience store.
“I don't know why the province isn’t looking at that and saying, ‘hey, everybody seems to want to do this, let's just do it,’ he added.
“We have 13 liquor stores as it is, so if people want liquor in this town, it’s super easy to get it.
“I don't see why we don't, and if anybody really wants to sit down with a Circle K hot dog and a slushie and a beer, I mean, by all means, go have it.”
Cummings said he’s confident proper consumption and sale of alcohol can be enforced because there are many drinking establishments in the community.
“I just think it's really, really interesting how the province isn’t dealing with the issue and has left it to municipalities individually to determine whether or not these establishments can exist in their town,” he said.
“But after reading all of the material I could find, I can't find a legitimate reason to say ‘no’ to this at all.
“It fits every rule that we have in our land use bylaw and our zonings and Alberta Gaming and Liquour doesn't seem to have a problem with it, so yay. Just interesting.”
Mayor Judy Dahl agreed with Cummings’ thoughts. She noted conditions in the permit allow the town to suspend it if those conditions are breached.
Coun. Heather Ryan also agreed with Cummings’ points. She said she also did some research on the proposal including looking at some videos.
“You know, it is a workaround, there’s no doubt about it,” Ryan said. “But AGLC is pretty tough. They have some pretty stringent rules. They would have to adhere to them before they got their licence.
“They would have to provide have a certain number of seats according to the AGLC, so I can't see a reason why we wouldn't approve (it).
“Again, there are lots of liquour stores in this town that you can just go and buy liquour at. It's just a more of a convenience factor for people picking up their milk and liquor at the same time, so there you go,” she added.
Coun. Wilson wondered if the Circle K employees involved in the sale of alcohol would have to be certified under ProServe, the province’s program for responsible liquor service and sales.
Sloan said he was informed by the applicant that the fridges where the alcohol would be stored would be locked and those wishing to buy it would have to approach staff who would unlock them and provide it.
It’s his understanding they would have to have ProServe certification.
“I'm certain we'll hear of anything if there is an issue,” Dahl said as debate wrapped up.
