CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

DECEMBER 7, 1999

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, December 7, 1999, in the Council Chamber, Third Floor, City Hall, commencing at 9:00 a.m., for the purpose of determining whether or not the 1999 Business License issued to Bashir Mohammed, doing business as North Star Hotels, 5 West Hastings Street, should be transferred to Esmael Karimi, doing business as North Star Hotel or Hotel Norstar, 5 West Hastings Street, Vancouver, British Columbia.

1. North Star Hotel or Hotel Norstar

5 West Hastings Street File: 2711-20

The Business License Hearing Panel had before it for consideration an Evidence Brief prepared by the City's Legal Department which contained the following material (on file in the City Clerk's Office), an additional Police Report dated December 4, 1999 (circulated at the meeting and on file), and the evidence of witnesses:

Tab

Notice of Hearing

1 1999 Business License Information

1999 Business License issued August 6, 1999

Letter of Intent for Bashir Mohammed dated August 10, 1999
Notes of Deputy Chief License Inspector dated August 17, 1999

Clause 1 Continued

2 1999 Business License Application for Transfer

Application for Transfer to Esmael Karimi dated August 20, 1999
Criminal Record Check form dated August 23, 1999
Lease dated August 31, 1999 (excerpts)

3 Police Reports

Police Report, Case 99-203929, dated September 7, 1999

Police Report, Case 99-203931, dated September 7, 1999
Police Report, Case 99-210708, dated September 14, 1999
Memo from Sgt. Ken Frail dated September 21, 1999
Police Report, Case 99-217960, dated September 23, 1999

4 Permits and Licenses Information

Report to Deputy Chief License Inspector dated September 14, 1999

Report from Property Use Inspector dated September 15, 1999
Report from Property Use Inspector with attached letter, dated September 23, 1999
Report from Property Use Inspector dated September 23, 1999

Copy of North Star Register entitled “Rent-for-the-month-of-October” dated

October 4, 1999

Report from Property Use Inspector dated October 28, 1999

5 Ministry of Human Resources Reports

September 21, 1999
October 28, 1999

6 Vancouver Fire Department Records

Eleven Photographs dated October 19, 1999

Report of Fire Prevention Officer dated October 20, 1999

7 Environmental Health Report dated November 3, 1999

Clause 1 Continued

8 Esmael Karimi - Background

1998 Business License - Helen’s, 118 West Hastings Street

Police Report 98-271271 dated November 12, 1998
Information dated December 7, 1998
Prosecution Information dated January 29, 1999

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Ms. Julienne Hills, Barrister & Solicitor, represented the applicant, Esmael Karimi.

Ms. Kinahan noted proceedings were taking place pursuant to Section 275 of the Vancouver Charter, which provides that the issuance of a business license is deemed to be at the discretion of Council. Ms. Kinahan also noted that this is the first hearing pursuant to Section 277.1 of the Vancouver Charter, which 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 Affidavits, police reports, the evidence of witnesses, and a letter to the Applicant dated November 4, 1999, which set out the allegations that the Applicant has failed to properly manage the business premises by:

(a) permitting or failing to prevent the use of the business premises for the purposes of prostitution;

(b) permitting or failing to prevent the use of the business premises for the purposes of trafficking in and use of illicit drugs;
(c) failing to control the conduct of residents and non-residents on the business premises;

(d) failing to provide adequate security on the business premises;

(e) failing to maintain the premises in a clean and sanitary condition at all times in contravention of the provisions of the Standards of Maintenance By-law;

(f) failing to maintain a duplicate rent receipt book in contravention of the provisions of the Standards of Maintenance By-law;

(g) failing to maintain adequate fire safety measures in contravention of the provisions of the Fire By-law;

Clause 1 Continued

and thereby operating the business premises to the detriment of the safety and well-being of the public.

Prior to the hearing of witnesses, Ms. Hills submitted that an adjournment would be appropriate on the basis of opinion-based and irrelevant evidence contained in the hearing brief.

Ms. Kinahan advised the Business License Hearing Panel that any decision they made was to be made on the basis of the objective evidence they heard and the opinions of the witnesses were not relevant; it was important that the Panel members form their own opinions as to the capacity of the Applicant to manage the business on the basis of the facts they heard during the hearing. The hearing was not adjourned.

In support of the allegations set out in the above noted reports and evidence, Ms. Kinahan called the following witnesses:

… Barb Windsor, Deputy Chief License Inspector
… Paul Teichroeb, Assistant Director/Chief License Inspector
… PC 1829 C.R. Brownlee
… PC 1618 J.M. Fedirchuk
… Pam Brown, Verification Officer, Ministry of Social Development and Economic Security
… PC 1547 T.T. Kondo
… PC 1762 David Laing
… PC 1784 Matt Clarke
… Sgt. 367 K.J. Frail
… Tom Hamilton, Property Use Inspector
… Ken Suzuki, Fire Prevention Inspector

Ms. Hills also directed questions to the witnesses and submitted for the Panel's consideration the following documents (on file):

… Norstar Hotel Tenants Agreement
… Pacific Fire Design Fire Protection Report dated November 30, 1999
… Golden Gate Alarm & Communication Ltd. report dated September 24, 1999
… PCO Services Inc. Enduring Quality Certificate - 1999
… Copy of Tenancy Register
… Reference letter dated August 27, 1999 from Bob Lenarduzzi of The Canadian Soccer Association
… Reference letter dated September 19, 1996 from Bruce Twamley of Canadian National Teams Office
Clause 1 Continued

… News article from the Sunday, August 16, 1996 edition of the North Shore News , regarding Esmael Karimi

Ms. Hills called the following witnesses:

… Esmael Karimi
… Kevin McGarragan
… Violet Cardinal

Ms. Hills pointed out a number of improvements have been made at the hotel since Mr. Karimi has taken over its management. She suggested Mr. Karimi be granted a three month extension to “prove himself”, given the challenges of his job, with a management agreement executed detailing specific duties to be undertaken by the applicant. Ms. Kinahan also questioned Mr. Karimi.

Ms. Kinahan submitted that the evidence presented at this hearing accords with the allegations as set out in the evidence brief, a police report, the evidence of witnesses, and the letter to the Applicant dated October 8, 1999, and set out the legal test for Panel members to apply in determining whether or not the 1999 Business License issued to Bashir Mohammed, doing business as North Star Hotels, 5 West Hastings Street, should be transferred to Esmael Karimi, doing business as North Star Hotel or Hotel Norstar, 5 West Hastings Street, Vancouver, British Columbia.

PANEL MEMBERS’ DISCUSSION

Prior to a decision on this matter, Panel members noted the demonstrated history of the allegations as set out above, the applicant’s proven inability to manage the premises, and the drain on staff resources.

MOVED by Cllr. Kennedy,

THAT the 1999 business license issued to Bashir Mohammed, doing business as North Star Hotels, 5 West Hastings Street, not be transferred to Esmael Karimi, doing business as North Star Hotel or Hotel Norstar, 5 West Hastings Street, Vancouver, B.C. because the License Applicant, Esmael Karimi, has failed to properly manage the Business premises by:

Clause 1 Continued

(a) permitting or failing to prevent the use of the business premises for the purposes of prostitution;

(b) permitting or failing to prevent the use of the business premises for the purposes of trafficking in and use of illicit drugs;
(c) failing to control the conduct of residents and non-residents on the business premises;

(d) failing to provide adequate security on the business premises;

(e) failing to maintain the premises in a clean and sanitary condition at all times in contravention of the provisions of the Standards of Maintenance By-law;

(f) failing to maintain adequate fire safety measures in contravention of the provisions of the Fire By-law.

thereby operating the business to the detriment of the safety and well-being of the public.

- CARRIED UNANIMOUSLY

The Business License Panel adjourned at 4:55 p.m.

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(c) 1998 City of Vancouver