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CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

JANUARY 23, 2001

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, January 23, 2001, 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 2001, should be issued to Adel Sha, doing business as AM-PM Management Corp., also doing business as AM-PM Residential Hotel, 1190 East Hastings Street, Vancouver, British Columbia.

PRESENT:	Councillor George Puil, Chair Councillor Jennifer Clarke Councillor Sam Sullivan
CITY CLERK’S OFFICE:	Denise Salmon, Meeting Coordinator

1. AM-PM Management Corp. File: 2711-34

1190 East Hastings Street

The Business License Hearing Panel had before it for consideration three separate inspection reports (circulated at the meeting, and on file) and 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

1. Application of Adel Sha dba AM-PM Management Corp

November 7, 2000 - Notes of Deputy Chief License Inspector 1
November 7, 2000 - Police Background Check 2
November 2000 - Notes of Deputy Chief License Inspector 3
November 20, 2000 - Business Plan 4
November 24, 2000 - Notes of Chief License Inspector 6
November 27, 2000 - Police Background Check 8
December 4, 2000 - Notes of Deputy Chief License Inspector 9
December 12, 2000 - Corporate Search 10
December 14, 2000 - Excerpts from Lease (4 pages) 11
January 4, 2001 - Business Plan 15
January 11, 2001 - E-mail message 16

2. Business License Hearing Minutes - May 29, 2000 (8 pages) 1

3. City Efforts to Vacate 1190 East Hastings - May 31- August 23, 2000

May 31, 2000 - Letter from Chief License Inspector 1
June 28, 2000 - Affidavit of Ken Drushka 3

July 21, 2000 - Affidavit of Judy Graves 6

July 20, 2000 - Affidavit of Gord Coburn 10
July 19, 2000 - Affidavit of Charlene Vilkas 20
July 4, 2000 - Injunction Application 31
July 10, 2000 - Property Use Inspection Report 38
August 4, 2000 - Order of Chief Building Official 40
August 10, 200 - E-Mail 42
August 10, 2000 - Building Inspection Report 44
August 15, 2000 - Order of Chief Building Official 45
August 15, 2000 - Building Inspection Report 46
August 16, 2000 - E-mail 48
September 6, 2000 - E-mail 49

4. Orders, Permits and Inspection Reports

February 11, 2000 - Order of Chief Building Official 1
Affidavit of Peter Sweeney 6
June 14, 2000 - Fax 9
Affidavit of Tom McClure 10
June 19, 2000 - Order of Chief Building Official 14
June 20, 2000 - Building Inspection Report 15
June 30, 2000 - Owner’s Undertaking ( 2 pages) 16
July 4, 2000 - Building Inspection Report 18
July 13, 2000 - Building Inspection Report 19
July 14, 2000 - Order of Chief Building Official 20
August 3, 2000 - Building Inspection Report 21
August 4, 2000 - Order of Chief Building Official 23
August 4, 2000 - Building Inspection Report 25
August 9, 2000 - Building Permit 27
August 14, 2000 - Building Inspection Report 28
September 8, 2000 - Property Use Report 29
September 19, 2000 - Untidy Premises Order 31
October 11, 2000 - Inspection Report (9 pages) 32
October 20, 2000 - Notice from BC Hydro 41
December 21, 2000 - Building Inspection Report 42
December 21, 2000 - Property Use Report 44
January 11, 2001 - E-mail message 46

5. Business License Application - Bluemoon Hotel Inc.

June 15, 2000 - Excerpt from Lease 1
June 26, 2000 - Certificate of Incorporation 2
June 27, 2000 - Letter 3
June 27, 2000 - Excerpt from Assignment of Lease 5
June 27, 2000 - Application 6
June 29, 2000 - Letter from Chief License Inspector 7
July 17, 2000 - Letter to Chief License Inspector 10

6. Business License Application - Steven Evans

July 24, 2000 - Criminal Record Check 1
August 11, 2000 - Letter 4

7. Business License Application - Hamid Amini

August 1, 2000 - Letter 1
August 3, 2000 - Business License Application 2
August 3, 2000 - Criminal Record Check 3
September 1, 2000 - Letter to Hamid Amini 4
September 11, 2000 - Letter to Deputy Chief License Inspector 5
September 15, 2000 - Letter from Deputy Chief License Inspector 7
November 6, 2000 - Letter 9

8. Letters from the Public

September 12, 2000 - Letter from Ken Drushka 1
September 12, 2000 - Letter from Laura Wilimovsky 2
September 15, 2000 - Letter from Eric Klokstad 3
September 18, 2000 - Letter from Wayne Harjula 4

September 29, 2000 - Letter from Admiral Seymour School 5

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Mr. Adel Sha, Applicant, represented himself, and was accompanied by his accountant.

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, and section 277.1 of the Vancouver Charter, which confers onCouncil 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, Orders, Permits and Inspection Reports, previous business license applications for the same address, and the evidence of witnesses, which sets out the allegations that the Applicant is likely to carry on business to the detriment of the safety and well being of the public in that:

(a) the application of Adel Sha, dba AM-PM Management Corp., may be an attempt to circumvent the Council Resolution of May 29, 2000 refusing to issue a Business License to Leung Lam and Alice Fong for the premises at 1190 East Hastings;

(b) the Business Plan of the Applicant appears inadequate to ensure that the business premises will be properly managed;

(c) the premises do not comply with the requirements of the Standards of Maintenance Bylaw

Ms. Kinahan advised the owner has now complied with an Order of the Health Inspector to remove stale-dated food products from the grocery store area of the premises and outstanding Building Bylaw issues have now been addressed.

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
·
Peter Sweeney, Manager, Building Inspection
· John Chadwick, Inspector, Property Use Inspections

Mr. Sha also directed questions to the witnesses.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in the evidence briefs, and sets out the legal test for the Panel to apply in determining whether or not a City of Vancouver business license for the year 2001 ought to be issued to the applicant, Adel Sha, doing business as AM-PM Management Corp., also doing business as AM-PM Residential Hotel, 1190 East Hastings Street, Vancouver, British Columbia. Ms. Kinahan also noted the drain on City resources.

Mr. Sha submitted for the Panel’s consideration his desire to relocate his nearby grocery business to the main floor of 1190 East Hastings once a business license is obtained for the hotel. He noted arrangements had been made for a building manager to work evenings at the hotel; the manager would also continue in his current day job. In response to questions from Council, Mr. Sha's accountant advised the building's owner would cover hydro costs, which would result in an increase in Mr. Sha's income as set out in his businessplan.

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members noted the negative impact the business has created in the neighbourhood, and the applicant’s failure to understand the operating and licensing requirements for his business. Discussion followed on ways to address repeated business licence applications in circumstances in which property owners fail to properly maintain and repair premises.

MOVED by Cllr. Clarke,

A. THAT a 2001 business license not be issued to the Applicant, Adel Sha, dba AM-PM Management Corp., 1190 East Hastings Street, Vancouver, B.C., because the Applicant is likely to carry on business to the detriment of the safety and well-being of the neighbourhood and public in that:

(a) the Business Plan and related experience of the Applicant appears inadequate to ensure that the business premises will be properly managed;

(b) the premises do not comply with the requirements of the Standards of Maintenance Bylaw;

(c) the premises are continuing to cause a significant drain on City resources and staff time.

- CARRIED UNANIMOUSLY

MOVED by Cllr. Sullivan,

B. THAT staff report back to Council to recommend ways to recover the costs of processing repeated business licence applications from property owners who fail to properly maintain and repair premises.

- CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 11:00 a.m.

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(c) 1998 City of Vancouver