CITY OF VANCOUVER
CITY OF VANCOUVER
BUSINESS LICENSE HEARING MINUTES
APRIL 10 AND 25, 2001
A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, April 10, 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, ought to be issued to the Applicant, Mondo Lisa Desserts Ltd., doing business as The Victory Restaurant, 207 West Hastings Street, Vancouver, British Columbia. Subsequently the meeting was recessed and reconvened in the Council Chamber at 2:00 p.m. on Wednesday, April 25, 2001. The minutes have been consolidated for ease of reference.
PRESENT: |
Councillor Jennifer Clarke, Chair
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|
CITY CLERK'S
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Lori Isfeld, Meeting Coordinator |
1. Mondo Lisa Desserts Ltd., dba The Victory Restaurant File: 2711-36
207 West Hastings Street
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 Permits and Licenses Department
1999 Business License
1999 Business License with handwritten notes
Fax to Paul Teichroeb, Chief License Inspector from Jessie Anne Boyd, Mayor's Office, dated April 21, 1999
Letter from Barb Windsor, Deputy Chief License Inspector to Mondo Lisa Desserts Ltd., dated June 8, 1999
Property Use Inspection Report, dated June 9, 1999
Memo from Barb Windsor to the file, dated June 11, 1999
Clause 1 continued
Letter from Graham C. Mackenzie, Newton Investments Ltd. to Mondo Lisa Desserts Ltd., dated June 14, 1999
Handwritten notes from Barb Windsor, dated June 15, 1999
Letter of Confirmation from Kelly Wolfsiehner, YouthCo Aids Society, dated
June 15, 1999
Letter to Paul Teichroeb from Robert Quick, The Water Bar, dated June 17, 1999
Letter to Paul Teichroeb from Robert Quick, dated June 24, 1999
E-mail to Paul Teichroeb from Robert Quick, dated June 30, 1999
Letter to Paul Teichroeb from Robert Quick, dated July 7, 1999
Letter to Gary Nygard, Fire Department from Robert Quick, dated July 7, 1999
Copy of Sublease between Mondo Lisa Desserts Ltd. and Disco Junkie Productions Inc., dated July 7, 1999
E-mail to Paul Teichroeb from Robert Quick, dated July 23, 1999
Letter to Robert Quick from Paul Teichroeb, dated August 6, 1999
2000 Business License
Property Use Inspection Report, dated July 1, 2000
Coordinated Enforcement - Inspection Tracking Cover Sheet, dated July 1, 2000
Letter to Mondo Lisa Desserts Ltd. from Barb Windsor, dated July 21, 2000
Handwritten notes from Barb Windsor, dated July 26, 2000
Handwritten notes from Guy Gusdal, License Co-ordinator
Letter to Mondo Lisa Desserts Ltd. from Barb Windsor, dated November 28, 2000
Corporate Search dated January 8, 2001
Letter to Mondo Lisa Desserts Ltd. from Barb Windsor, dated January 18, 2001
Letter to Mondo Lisa Desserts Ltd. from Barb Windsor, dated February 16, 2001
Property Use Inspection Report, dated February 18, 2001
Property Use Inspection Report, dated February 20, 2001
License Renewal Notice
Emergency Reference Form, dated February 26, 2001
Letter to Permits and Licenses from L. Sven, dated February 26, 2001
Copy of cheque, dated February 26, 2001
Copy of By-law No. 8138
2 Health Department
Health Form, dated January 7, 1998
3 Fire Department
Memo to Barb Windsor from Ken Suzuki, Fire Department, dated June 15, 1999
Memo to Dave Kolb, Police Department from Ken Suzuki, dated July 4, 2000
Clause No. 1 continued
Memo to Barb Windsor from Ken Suzuki, dated December 4, 2000
Memo to Barb Windsor from Ken Suzuki, dated February 13, 2001
Memo to Barb Windsor from Ken Suzuki, dated February 20, 2001
Memo to Barb Windsor from Ken Suzuki, dated March 7, 2001
Memo to Barb Windsor From Ken Suzuki, dated March 13, 2001
Photos from Ken Suzuki
4 Police Department
Police Report, Case 99-113673, dated May 22, 1999
Police Incident #P00128408, dated June 11, 2000
Police Report, Case 00-128408, dated June 11, 2000
Police Incident #P00232725, dated October 8, 2000
Police Report, Case 00-253256, dated November 4, 2000
Police Incident #P00268433, dated November 25, 2000
Police Incident #P00278428, dated December 9, 2000
Police Report, Case 00-278428, dated December 9, 2000
Memo to Jill Fedirchuk, Police Department from J. Wadley, Police Department, dated January 7, 2001
Police Incident #P01013722, dated January 20, 2001
Police Incident #P01023679, dated February 3, 2001
Police Report, Case 01-34447, dated February 18, 2001
Memo to Ken Koern from Don Oliphant, dated March 11, 2001
Police Report, Case 01-54629, dated March 17, 2001
Police Report, Case 01-62737, dated March 24, 2001
Photocopy of Business Card
Police Report, Case 01-067497, dated March 31, 2001
Distributed April 25, 2001
Pages 12, 17, and 37-40 from Vancouver Fire By-Law 2000
Calculation Package - Occupant Load Calculations for Assembly Occupancies and Licensed Beverage Establishments, dated July 7, 2000
Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Lisa Sven, Applicant, was represented by her father, Peter Sven.
Clause 1 continued
On April 10 and 25, 2001 Mr. Sven submitted for the Panel's consideration:
· Thirteen letters in support of granting a business license to the Applicant
· Twelve-page petition with approximately 300 names in support of granting a business license to the Applicant
· Field Review Reports dated April 10 and 25 from Protection Engineering Inc.
· Cylindrical deadlock specifications
· Briefs dated April 10 and 25, 2001 by Peter Sven
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 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 police reports, fire department reports and other information relied on by the Deputy Chief License Inspector in referring this matter to Council, a letter from the Deputy Chief License Inspector dated February 16, 2001 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 by:
(a) carrying on or permitting the carrying on of the business of late night dance events or rave parties at the licensed premises without being the holder of a late night dance event permit, in contravention of License By-law 4450 of the City of Vancouver;
(b) carrying on or permitting the carrying on of business at the licensed premises between the hours of 2 a.m. and 6 a.m. in contravention of By-law 8022, the Business Premises Regulation of Hours By-Law of the City of Vancouver;
(c) failing to comply with the minimum life safety requirements of the Building Bylaw of the City of Vancouver;
(d) causing a drain on police and municipal resources.
In support of the allegations set out in the above noted reports and evidence, Ms. Kinahan called the following witnesses:
· Paul Teichroeb, Chief License Inspector
· Ken Suzuki, Fire Prevention Inspector
Clause 1 continued
· Sergeant Gord Coburn
· Constable 1674 Shaw
· Constable 1904 See
· Constable 2004 Christie
· Sergeant George Wood
· Constable 1885 David Instant
· Constable 1838 Nagel
· Constable 1581 Coady
· Avy Woo, Fire Protection Engineer
Mr. Sven also directed questions to the witnesses and then submitted that if Ms. Sven was granted a 2001 Business License and allowed to continue operation of her daytime business, she would discontinue after hour events.
The Panel considered pursuing a decision based on the submission by Mr. Sven and agreed to continue hearing all of the Applicant's witnesses in order to obtain all of the information available, and to create a complete record of the Hearing.
On April 25, 2001 Mr. Sven re-called Paul Teichroeb, Chief License Inspector and then called the following witnesses:
· Steve Lippold, merchant
· Tom Kusumoto, Mercury Partners, 613 - 375 Water St.
· Marcus Gilmore, disc jockey
· Riel Roussopoulos, special event organizer
Mr. Sven reiterated his daughter's agreement not to hold any more after hour events and pointed out that Ms. Sven could only stay in business with uninterupted operation. Mr. Sven urged the Panel to grant a business license without conditions in order to retain this important Downtown Eastside business.
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, Mondo Lisa Desserts Ltd., doing business as The Victory Restaurant, 207 West Hastings Street, Vancouver, British Columbia.
Clause 1 continued
PANEL MEMBERS' DISCUSSION
Prior to a decision on this matter, Panel members noted the significant contribution the daytime operation at The Victory Restaurant has on the Downtown Eastside, and the Applicant's willingness to discontinue late night events.
MOVED by Cllr. Louis,
THAT a 2001 Business License without restrictions be issued to the Applicant, Mondo Lisa Desserts Ltd., doing business as The Victory Restaurant, 207 West Hastings Street, Vancouver, British Columbia.
- LOST
(Councillors Clarke and Daniel Lee opposed)
MOVED by Cllr. Daniel Lee,
THAT a 2001 Business License be issued to the Applicant, Mondo Lisa Desserts Ltd., doing business as The Victory Restaurant, 207 West Hastings Street, Vancouver, British Columbia, with a suspension of 60 days.
- LOST
(Councillors Clarke and Louis opposed)
MOVED by Cllr. Louis,
THAT a decision whether to issue a 2001 Business License to the Applicant, Mondo Lisa Desserts Ltd., doing business as The Victory Restaurant, 207 West Hastings Street, Vancouver, British Columbia, be adjourned for 90 days, and that the Applicant be permitted to carry on business during that 90 day period;
FURTHER THAT the Applicant is to comply with all of the conditions of a restaurant license in the business location and all other relevant regulations and by-laws, including the requirements of the License By-law in regards to late night dance events, during the 90 day adjournment;
Clause 1 continued
FURTHER THAT if the Applicant complies with all license conditions, by-laws and regulations during the 90 day adjournment period, the Chief License Inspector is directed to issue a 2001 Business License, and if the Applicant fails to so comply during the adjournment period the Application for a 2001 Business License is denied;
FURTHER THAT if a 2001 Business License is issued to the Applicant, the license is to be issued with conditions that the Applicant is to comply with all of the conditions of a restaurant license for the business location and that there are to be no late night events without permit on the licensed premises.
- CARRIED
(Councillor Daniel Lee opposed)
The Business License Hearing Panel recessed at 12:20 p.m. April 10, 2001
and
adjourned at 4:46 p.m. on April 25, 2001
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