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CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

SEPTEMBER 12, 2000

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, September 12, 2000, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to hear an Appeal from the suspension by the Chief License Inspector, pursuant to Section 277 of the Vancouver Charter, of the 2000 Business License issued to Percy Lemaigre, doing business as Native Images Tatoo, 2763 Commercial Drive, Vancouver, British Columbia.

PRESENT:	Mayor Philip Owen, Chair Councillor Fred Bass Councillor Daniel Lee
CITY CLERK’S OFFICE:	Laura Kazakoff, Meeting Coordinator

1. Native Images Tatoo - 2763 Commercial Drive File: 2711-33

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) and the evidence of witnesses:

Tab

Notice of Hearing

1. Reasons for Judgment of The Honourable Judge E.H. Bendrodt

2. Reasons for Sentencing of the Honourable Judge E.H. Bendrodt

3. Certified Information

Certificate of Conviction

4. City of Vancouver Records

Corporate Search of Native Images Tatoo Ltd.
1997 Business License
1998 Business License
Clause No. 1 (Cont'd)

1999 Business License
2000 Business License
Letter to Chief License Inspector, dated April 20, 2000, with enclosures
Letter to Percy Lemaigre from Deputy Chief License Inspector, dated May 17, 2000
Handwritten notes of Guy Gusdal, dated May 19, 2000
Handwritten notes of the Deputy Chief License Inspector, dated May 19, 2000
Letter to Percy Lemaigre from the Chief License Inspector, dated May 26, 2000
Letter of Appeal, dated May 29, 2000
Letter from the Chief License Inspector to Bruce P. Cran, dated June 1, 2000
Letter to Barb Windsor, Deputy Chief License Inspector, from Danny Markovitz,

dated June 1, 2000

Letter to Danny Markovitz from Catherine Kinahan, dated June 9, 2000
Letter to Catherine Kinahan from Bruce P. Cran, dated July 10, 2000
Letter to Bruce P. Cran from Catherine Kinahan, dated July 10, 2000

Council Resolution dated July 18, 2000

Letter to Percy Lemaigre from the Deputy Chief License Inspector, dated July 20, 2000
Property Use Inspection Report, dated July 20, 2000

Property Use Inspection Report, dated August 14, 2000
Property Use Inspection Report, dated August 31, 2000

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. The Appellant, Percy Lemaigre, was represented by Bruce P. Cran of Cran Madryga & Company, Barristers and Solicitors.

Ms. Kinahan noted proceedings were taking place pursuant to Section 277 of the Vancouver Charter, which provides that the Chief License Inspector has the power to suspend a Business License if the holder of that license has been convicted of an offense under the Statute of Canada, and also provides that any person whose license has been suspended under this section may appeal to the Council in accordance with the procedure for that purpose prescribed by by-law. Ms. Kinahan also referred 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 Provincial Court documents, documentation which was considered by the Chief License Inspector in suspending the Business License, letters from the Chief License Inspector and the Deputy Chief License Inspector, letters from counsel on behalf of the Appellant, and the evidence of witnesses, which sets out the allegation that the Appellant has been convicted of sexual assault, contrary to the Criminal Code of Canada, in relation to the licensed businesspremises. Ms. Kinahan noted that the issue for consideration by the Panel today is not simply the fact of the criminal conviction, but whether or not the business is being properly managed or is being managed to the detriment of the safety and well-being of the public.

Ms. Kinahan provided an overview of the July 18, 2000, Business License Hearing, at which time the Panel granted an adjournment of the Hearing to September 12, 2000, at the request of counsel for the Appellant, who were unable to attend on July 18th. A condition of the adjournment was that the business premises remain closed pending the hearing of the appeal on September 12th.

Bruce Cran, counsel for the Appellant, Percy Lemaigre, advised that an appeal of Mr. Lemaigre's Provincial Court conviction was filed in June of this year, and in addition there was a stay application before a British Columbia Supreme Court Justice, and a stay of Mr. Lemaigre's sentence was in place. Mr. Cran requested that the Business License Hearing therefore be adjourned until the Provincial appeal process was exhausted, and that the business premises be allowed to remain open pending the Hearing, on the condition that Mr. Lemaigre not perform any tattoos on female customers.

Ms. Kinahan reiterated that the matter before the Panel today was whether or not the business premises are being properly managed, and the fact of the criminal conviction is only one part of the evidence to be considered in that regard. Ms. Kinahan also noted that she anticipated the Panel will hear from witnesses who will provide evidence with regard to the management of the business and evidence that the Appellant has disregarded the July 18, 2000, Council resolution ordering the business closed pending the Hearing of the Appeal, and has in fact been open for business during numerous visits by City Property Use Inspectors.

Ms. Kinahan also referred to a previous case whereby Council held a Business License Hearing despite the fact that criminal charges in Provincial court were pending. That Council decision was upheld by the Supreme Court of BC. Ms. Kinahan further noted that while a stay of proceedings has been sought by counsel for Mr. Lemaigre in regard to the Provincial criminal conviction, no application has been made to the Supreme Court for a stay of proceedings in regard to the City Council hearing on this matter.

Panel members discussed the request by counsel for the Appellant for an adjournment, and agreed to proceed with the Hearing of the Appeal.

Mr. Cran requested a short recess in order to confer with Ms. Kinahan.

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The Panel recessed at 9:50 a.m. and reconvened at 10:30 a.m.
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Clause No. 1 Continued

Following the recess, Ms. Kinahan distributed a proposed Resolution for the Panel's consideration, which had been agreed to by counsel for the Appellant, and provided an explanation for the suggested wording.

Mr. Cran provided an explanation for his acceptance, on behalf of Native Images Tatoo, of the form of Resolution being proposed.

PANEL MEMBERS' DISCUSSION

Discussion followed on the proposed Resolution. A Panel member questioned the necessity for the second reason for upholding the license suspension contained in the proposed Resolution.

MOVED by Cllr. Daniel Lee,

A. THAT the suspension by the Chief License Inspector, pursuant to Section 277 of the Vancouver Charter, of the 2000 Business License issued to Percy Lemaigre, doing business as Native Images Tatoo, 2763 Commercial Drive, Vancouver, British Columbia, be affirmed and upheld, with the consent of counsel for the Appellant, because the Appellant has failed to properly manage the premises by reason of:

1. his conviction for sexual assault of a customer on the licensed premises, in contravention of the Criminal Code of Canada; and

2. his assault of that customer on the licensed premises;

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

B. THAT any further Business License applications by or on behalf of Percy Lemaigre be brought to the attention of City Council.

- CARRIED

[Councillor Bass opposed to A(2)]

The Business License Panel adjourned at 10:41 a.m.

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(c) 1998 City of Vancouver