CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

MAY 29, 2000

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, May 29, 2000, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to determine whether or not a City of Vancouver business license for the year 2000 ought to be issued to the applicant, Leung Lam, also known as Leon Lam, and Alice Fong, doing business as Nortel Lodging House or Nortel Management, 1190 East Hastings Street, Vancouver, British Columbia.

1. Nortel Lodging House - 1190 East Hastings Street File: 2711-31

The Business License Hearing Panel had before it for consideration an Evidence Brief and Nortel Lodging House Business Records, prepared by the City's Legal Department, which contained the following material (on file in the City Clerk's Office), and the evidence of witnesses:

Tab

Notice of Hearing

1 Permits and Licenses Department

State of Title Certificate
Property Tax Inquiry, dated March 24, 2000
Certificate of Judgment, filed September 19, 1997, New Westminster Registry, on behalf of Meta Mortgage Investment Corporation
Judgment dated July 31, 1996, Federal Court of Canada, re Income Tax Act, Canada

Pension Plan, and Unemployment Insurance Act

Building Register, dated July 16, 1998
Operator’s Permit, dated November 2, 1998
Operator’s Permit, dated February 10, 1999

Clause 1 Cont'd

Property Use Inspection Report, dated February 10, 1999
Complaint Form, dated March 9, 1999
Property Use Inspector Report, dated March 15, 1999
Building Inspector Report, dated May 10, 1999
Property Use Inspector Report, dated May 19, 1999
Operator’s Permit, dated May 19, 1999
Development and Building Application Form, dated June 1, 1999
1999 Business License
Operator’s Permit, dated October 15, 1999
Property Use Inspector Report, dated October 15, 1999
Building Permit, dated October 21, 1999
Registered letter to Alice Fong from D.H. Jackson, P.Eng., City Building Inspector,

dated October 25, 1999

Property Use Inspection Report, dated December 2, 1999
Registered letter to Alice Fong from P. Teichroeb, for Director, dated December 9, 1999
License Renewal Notice, expiration date of license: December 31, 1999

2 Permits and Licenses Department (Continued)

Electrical Inspection Report, dated February 2, 2000
Property Use Inspection Report, dated February 2, 2000
Photographs, dated February 2, 2000 (8 pages)
Building Inspection Report, dated February 2, 2000
Memo from Al Kirk, Fire Prevention Office, to Barb Windsor, Permits & Licenses,

dated February 3, 2000

Registered and Hand Delivered letter to Alice Fong from P. Teichroeb, Chief License

Inspector, dated February 11, 2000

Registered and Hand Delivered letter to Alice Fong and Leung Lam from D.H. Jackson, P.Eng., for City Building Inspector and Chief Building Official, dated

February 11, 2000

Handwritten notes re 1190 East Hastings, dated February 14, 2000 (4 pages)
Handwritten notes, dated February 16, 2000 (3 pages)
Electrical Inspection Report, dated February 29, 2000
Notice of Violation, Fire & Rescue Services, dated February 29, 2000
Hand delivered letter to Alice Fong from P. Teichroeb, Chief License Inspector, dated

March 1, 2000

Clause 1 Cont'd

Memo from Cst. Jill Fedirchuk, District 2 POP Coordinator, to Barb Windsor, Permits &Licenses, dated March 3, 2000
Property Use Inspection Report, dated March 6, 2000
Photographs, dated March 6, 2000 (2 pages)
Registered letter to Alice Fong from D.H. Jackson, P.Eng., for Director, dated

March 6, 2000

Letter to Nortel Management, c/o Leon Lam, from Pamela Brown, Verification Officer, Early Detection & Prevention, dated March 16, 2000
Property Use Inspection Report, dated March 17, 2000
Letter to Teddy Bee Property Services from J. Forbes-Roberts, Director, dated

March 23, 2000

Property Use Inspection Report, dated March 24, 2000
Building Inspection Report, dated April 5, 2000
Property Use Inspection Report, dated April 5, 2000
Photographs, dated April 5, 2000 (22 pages)
Notice of Violation, Fire & Rescue Services, dated April 22, 2000
Pictures (1 page)
Handwritten notes re 1190 East Hastings, dated April 25, 2000 (1 page)
Report from Pam Brown dated May 8, 2000
Report from Fire Prevention Office dated May 9, 2000

3 Community Impact Statements

April 12, 1999
June 11, 1999
September 3, 1999
January 13, 2000

February 3, 2000

February 12, 2000
February 16, 2000
February 17, 2000
February 17, 2000
February 22, 2000
February 23, 2000
February 24, 2000
February 25, 2000
February 25, 2000
February 25, 2000
March 3, 2000
May 8, 2000

Clause 1 Cont'd

May 10, 2000

4 Vancouver Police Department

Police Report, Case No. 99-205796, dated September 9, 1999
Police Report, Case No. 99-261522, dated November 15, 1999
Police Report, Case No. 99-270846, dated November 27, 1999
Police Report, Case No. 00-23828, dated January 31, 2000, with accompanying

photographs (12 pages)

Police Report, Case No. 00-24878, dated February 1, 2000 (1840 hours)
Police Report, Case No. 00-24946, dated February 1, 2000 (1900 hours)
Police Report, Case No. 00-25595, dated February 2, 2000
Police Report, Case No. 00-27487, dated February 4, 2000, with attached page from

Guest Registry Book

Typewritten report of PC 1855 Instant and PC 1794 Murray, dated February 10, 2000
Police Report, Case No. 00-32003, dated February 10, 2000
Police Report, Case No. 00-032723, dated February 11, 2000
Police Report, no case number, dated February 17, 2000
Police Report, Case No. 00-037707, dated February 17, 2000 (2300 hours)
City of Vancouver Notice of Bylaw Violation, dated March 4, 2000
Police Report, Case No. 00-56989, dated March 13, 2000
Police Report, Case No. 00-56990, dated March 13, 2000
Police Report, Case No. 00-61690, dated March 20, 2000
Police Report, Case No. 00-64071, dated March 22, 2000
City of Vancouver Notice of Bylaw Violation, dated April 4, 2000
Police Report, Case No. 00-74628, dated April 5, 2000
City of Vancouver Notice of Bylaw Violation, dated April 5, 2000
Police Report, Case No. 00-80220, dated April 12, 2000
City of Vancouver Notice of Bylaw Violation, dated April 22, 2000
Document entitled, “Calls for Service to Selected Locations”, dated from January 7, 1999 to December 31, 1999
Memo from Cst. Jill Fedirchuk to Paul Teichroeb, Chief License Inspector, dated

May 10, 2000

Police Report, Case No. 00-105455, dated May 14, 2000
Police Report, Case No. 00-105870

5 Vancouver/Richmond Health Board Reports

February 2, 2000
February 2, 2000
February 15, 2000
Johnson PCO Services, Service Receipt for February and April, 2000
February 15, 2000
February 25, 2000
April 5, 2000
Standards of Maintenance By-law

6 Affidavits

Affidavit of Rick Hui
Affidavit of Al Kirk

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. The applicant, Leung Lam, also known as Leon Lam, represented himself.

Ms. Kinahan noted the issuance of a business license is deemed to be at the discretion of Council, and section 277.1 of the Vancouver Charter confers on Council the power to delegate the holding of business license hearings to one or more Councillors. Ms. Kinahan referred the Panel to evidence before it as set out in the Nortel Lodging House business records; the evidence brief which contained Permit and Licenses Department reports, Community Impact Statements, Vancouver Police Department reports, Vancouver/Richmond Health Board reports, Affidavits; and the evidence of witnesses, which set out the allegations that the applicant has failed to properly manage the business by:

(a) failing to control the conduct of tenants in the premises;

(b) selling, permitting the sale of or failing to prevent the sale of illicit drugs on the premises;

(c) failing to keep a register and receipt book as required by the License By-law of the City of Vancouver;

(d) failing to maintain the lodging house in a clean and sanitary condition at all times, in contravention of the Standards of Maintenance By-law;

(e) permitting the accumulation of refuse, junk or discarded material within the lodging house or the site thereof in contravention of the Standards of Maintenance By-law;

(f) failing to provide sufficient bedding to all sleeping and housekeeping units and to maintain such articles in a clean and sanitary condition;

Clause 1 Cont'd

(g) failing to comply with minimum life safety requirements of the Electrical By-law of the City of Vancouver;

(h) failing to comply with minimum life safety requirements of the Building By-law of the City of Vancouver;

(i) causing a drain on police and other city resources;

to the detriment of the safety and well being of the public.

The Panel also had before it a photograph (circulated at the meeting) showing a posting, inside the Nortel, of guest fee charges. Ms. Kinahan further noted Alice Fong, the former wife of Mr. Lam, has advised she is no longer involved in this business, and asked the Panel to consider her failure to take responsibility for the premises in making its decision.

Ms. Kinahan called the following witnesses:

… John Perpich, Principal, Admiral Seymour Elementary School
… PC 1618 Jill Fedirchuk
… Barb Windsor, Deputy Chief License Inspector
… Richard Page, Director, Raycam Co-operative Association
… Erik Klokstad
… Ken Drushka
… Rick Hui (affidavit), owner, Pink Pearl Restaurant
… Geoff Willits, Security, Pink Pearl Restaurant
… PC 1760 Jodyne Dyck
… PC 1499 McConnell
… PC 1961 Wade Rodrigue
… Sgt. 991 Gord Coburn
… PC 1293 Gerry Wickstead
… PC 1840 Megan Price
… PC 1808 Feenan
… PC 1794 Candace Murray
… Pam Brown, Verification Officer, Main Street

Social Development & Economic Security

… John Chadwick, Property Use Inspector
… Jim Docherty, Electrical Inspector
… Ed Neufeld, Building Inspector
… Al Kirk (Affidavit), Fire Department
… PC 1855 David Instant
Clause 1 Cont'd

Mr. Lam also directed questions to the witnesses.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in evidence briefs, and set out the legal test for Council to apply in determining whether or not a City of Vancouver business license for the year 2000 ought to be issued to the applicant, Leung Lam, also known as Leon Lam, and Alice Fong, doing business as Nortel Lodging House or Nortel Management, 1190 East Hastings Street, Vancouver, British Columbia.

Mr. Lam advised he is responsible for the overall management of the Nortel and submitted he is not trying to undermine the Police force and does not disagree with the need for improvements as set out in inspection reports related to City by-laws. However, he submitted that the problem was really a social problem. He advised he is trying to improve his building on a limited budget and noted the need to educate his tenants, most of whom are by-products of various social issues, in order to fully address the social concerns outlined this day. Mr. Lam advised guest fees were charged to keep undesirables out of the lodging house and that those guest fees went to the managers of the building.

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members noted the demonstrated history of the allegations set out above, including demonstrated repeated breaches of the Standards of Maintenance and License By-laws, by the applicant, Mr. Lam.

MOVED by Cllr. Price,

THAT a 2000 business license not be issued to the Applicant, Leung Lam, also known as Leon Lam, and Alice Fong, doing business as Nortel Lodging House or Nortel Management, 1190 East Hastings Street, because the Applicants have failed to properly manage the premises by:

(a) selling, permitting the sale of or failing to prevent the sale of illicit drugs on the premises;

(b) failing to maintain the lodging house in a clean and sanitary condition at all times, in contravention of the Standards of Maintenance By-law;

(c) permitting the accumulation of refuse, junk or discarded material within the lodging house or the site thereof in contravention of the Standards of Maintenance By-law;
Clause 1 Cont'd

(d) failing to comply with minimum life safety requirements of the Electrical By-law of the City of Vancouver;

(e) failing to comply with minimum life safety requirements of the Building By-law of the City of Vancouver;

(f) causing a drain on police and other city resources;

to the detriment of the safety and well being of the public.

- CARRIED UNANIMOUSLY

The Panel adjourned at 4:00 p.m.

* * * * *

(c) 1998 City of Vancouver