CITY OF VANCOUVER
3
CITY OF VANCOUVER
BUSINESS LICENSE HEARING MINUTES
APRIL 23, 2001
A Business License Hearing of the Council of the City of Vancouver was held on Monday, April 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 Tang Ming Chang and Tang I. Chang, doing business as the Evergreen Rooms, 333 Columbia Street, Vancouver, British Columbia.
PRESENT: |
Councillor Gordon Price, Chair
|
|
CITY CLERK'S
|
Laura Kazakoff, Meeting Coordinator |
1. Evergreen Rooms File: 2711-37
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
Operator's Permit, dated December 22, 1998
Property Use Inspection Report, dated February 23, 1999
Mr. Tang's Improvement Plan for Evergreen Hostel, dated March 10, 1999
Operator's Permit, dated February 23, 1999
Property Use Inspection Report, dated March 16, 1999
Property Use Inspection Report, dated March 24, 1999
Property Use Inspection Report, dated April 15, 1999
Operator's Permit, dated April 15, 1999
Letter from Paul Teichroeb, Permits and Licenses to Gee How Oak Tin Association, dated April 16, 1999
Property Use Inspection Report, dated July 2, 1999
Operator's Permit, dated July 2, 1999
Property Use Inspection Report, dated August 18, 1999
Operator's Permit, dated August 18, 1999
Operator's Permit, dated October 8, 1999
Property Use Inspection Report, dated November 24, 1999
Operator's Permit, dated November 24, 1999
Property Use Inspection Report, dated October 8, 1999
2000 Business License
Property Use Inspection Report, dated April 5, 2000
Operator's Permit, dated April 5, 2000
Photos from Tom Hamilton, District Property Use Inspector, dated June 21, 2000
Property Use Inspection Report, dated June 21, 2000
Handwritten notes from Barb Windsor, Deputy Chief License Inspector, re poor management
Photos from John Chadwick, District Property Use Inspector, dated September 26 and November 22, 2000
Property Use Inspection Report, dated September 26 & November 22, 2000
Property Use Inspection Report, dated November 22, 2000
E-mail from Judy Graves to Barb Windsor, dated February 2, 2001
E-mail from Pam Brown to Barb Windsor, dated February 7, 2001
Photocopy of cheque from Evergreen Rooms, dated December 22, 2000
Letter from Paul Teichroeb, Permits and Licenses to Tang Ming Chang & Tang I. Chang, dated February 16, 2001
Letter from Pam Brown, Ministry of Social Development and Economic Security to Mr. Ming Tang Chang, dated February 16, 2001
Letter from Pam Brown, Ministry of Social Development and Economic Security to Barb Windsor, Permits and Licenses dated February 20, 2001
2 Fire Department
Memo from Ken Suzuki, Vancouver Fire & Rescue Services to Barb Windsor, Permits and Licenses, dated February 21, 2001
Report to Prosecutor, dated February 21, 2001
Handwritten notes, dated February 19, 2001
Photos from Ken Suzuki, Vancouver Fire & Rescue Services, dated February 19, 2001
3 Police Department
Police Report, Case 00-76891, dated April 8, 2000
Police Report, Case 00-048770, dated March 3, 2000
Police Report, Case 00-55826, dated March 12, 2000
Police Report, Case 00-55826, dated March 13, 2000
Police Report, Case 00-105421, dated May 14, 2000
Police Report, Case 00-106194, dated May 15, 2000
Police Report, Case 00-125980, dated June 7, 2000
Police Report, Case 00-275965, dated December 5, 2000
Police Report, Case 01-000774, dated January 1, 2001
Report from Constable Mahinsa, dated January 3, 2001
Police Report, Case 01-2542, dated January 3, 2001
Police Report, Case 01-25722, dated February 5, 2001
Police Report, Case 01-26738, dated February 7, 2001
Police Report, Case 01-40419, dated February 26, 2001
Memo from Constable Jill Fedirchuk to Paul Teichroeb, Permits and Licenses, dated March 2, 2001
Police Report, Case 01-39347, dated February 24, 2001
Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Mr. Tang Ming Chang, with the aid of a Mandarin interpreter, represented himself, and was accompanied by his son, Jack Chang, who also addressed the Panel.
Ms. Kinahan noted this matter had been referred to City Council by the Deputy Chief License Inspector pursuant to section 4(2a) of the License By-law and that 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 Permits, Inspection Reports, photographs, Police reports, correspondence from and to the Deputy Chief License Inspector and the Chief License Inspector, 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) failing to maintain the premises in a clean and sanitary condition at all times, in contravention of the Standards Maintenance By-law of the City of Vancouver;
(b) failing to control the conduct of residents and non-residents in the licensed premises;
(c) charging guest fees to daytime guests, in contravention of the Residential Tenancy Act;
(d) failing to keep a proper register and receipt book in accordance with theLodging House Operator provisions of the License By-law of the City of Vancouver;
(e) causing a drain on City of Vancouver resources, including police, fire and property use inspectors.
Ms. Kinahan also referred the Panel to new photographs (on file) submitted this day by Pam Brown, Verification Officer, Ministry of Social Development and Economic Security, and John Chadwick, Property Use Inspector for the City of Vancouver.
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
· Tom Hamilton, Property Use Inspector
· John Chadwick, Property Use Inspector
· Pam Brown, Verification Officer, Ministry of Social Development and Economic Security
· Ken Suzuki, Fire Prevention Inspector
· PC 1857 McIntosh
· PC 1618 Fedirchuk
· PC 1793 Mahinsa
· PC 1855 Instant
Mr. Chang, with the aid of the interpreter, also directed questions to the witnesses.
Jack Chang, son of Tang Ming Chang, submitted that he is aware of problems with the Evergreen Rooms hotel. He advised, however, that his father has been making efforts to improve the hotel. He noted that the hotel does not generate a lot of income and there are many hazards associated with running such a facility, due to its location. Mr. Chang advised his father has spent large sums of money making repairs to the hotel, but soon after improvements are made, they are again damaged by tenants and their visitors. Mr. Chang also noted that recent inspections show the hotel's condition has worsened and this is due to the withholding of funds from the Provincial Government resulting in no income to pay for necessary repairs. Mr. Chang submitted that his father has not defrauded the Provincial Government, but has only failed to keep a good register. Mr. Chang also advised his father has been trying to sell the business and a potential buyer has been found. However, if a business license is refused and the existing tenants are moved out of the building, the business will have no remaining assets or value and will no longer be desirable to the buyer. He requested the panel issue an extension of the business license to enable his father to sell the business.
Tang Ming Chang submitted that he has never collected guest fees and submittedwritten statements to that effect (on file). Mr. Chang also advised that he has not collected rents from the government for people who are not tenants of the hotel. Mr. Chang submitted the following documents, which are on file in the Office of the City Clerk:
· several signed statements dated February 23 and 28, 2001;
· letter dated April 22, 2001, addressed to the Panel from Mr. Tang Ming Chang;
· letter dated April 17, 2001, addressed to Pam Brown, Ministry of Social Development and Economic Security, from Mr. Tang Ming Chang.
Tang Ming Chang called the following witness:
· Kamran Amir
Ms. Kinahan also directed questions to the witness.
Mr. Chang submitted that he has been trying his best to manage his business. He noted that the process did not seem fair to him as his application is for a 2001 business license, whereas most of the evidence presented today has not been for this year. Mr. Chang questioned the Provincial Government representative's authority in regard to the running of his business. Mr. Chang further advised that none of the 78 deaths from overdoses in the Downtown Eastside during the last year occurred at his hotel.
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, Tang Ming Chang and Tang I. Chang, doing business as the Evergreen Rooms, 333 Columbia Street, Vancouver, British Columbia.
PANEL MEMBERS' DISCUSSION
Prior to a decision on this matter, Panel members acknowledged the difficulties associated with running a small business, but noted, however, that business operators have a responsibility with respect to ensuring public safety. Also noted was the significant costs to the City related to this business premises, and the large amount of evidence presented at this Hearing.
MOVED by Cllr. Sullivan,
THAT a 2001 business license not be issued to the Applicant, Tang Ming Chang and Tang I. Chang, doing business as the Evergreen Rooms, 333 Columbia Street, Vancouver, B.C., because the Applicant has failed to properly manage the BusinessPremises by:
(a) failing to maintain the premises in a clean and sanitary condition at all times, in contravention of the Standards Maintenance By-law of the City of Vancouver;
(b) failing to control the conduct of residents and non-residents in the licensed premises;
(c) charging guest fees to daytime guests, in contravention of the Residential Tenancy Act;
(d) failing to keep a proper register and receipt book in accordance with the Lodging House Operator provisions of the License By-law of the City of Vancouver;
(e) causing a drain on City of Vancouver resources, including police, fire and property use inspectors;
thereby operating the business premises to the detriment of the safety and well-being of the public.
- CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 12:30 p.m.
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