Agenda Index City of Vancouver


CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

SEPTEMBER 17, 2001

A Business License Hearing of the Council of the City of Vancouver was held on Monday, September 17, 2001, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., regarding an Appeal from the suspension by the Chief License Inspector, pursuant to Section 277 of the Vancouver Charter, of the 2001 Business License issued to Canadian Textile Import & Export Manufacturing Corp., 1391 William Street, Vancouver, British Columbia.

PRESENT:

Councillor Louis, Chair
Councillor Kennedy
Councillor Don Lee

CITY CLERK'S
OFFICE:

Lori Isfeld, Meeting Coordinator
Diane M. Clairmont, Meeting Coordinator

1. Canadian Textile Import & Export Manufacturing Corp.

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

2001 Business License
Petition from residents to Barb Windsor, Deputy Chief License Inspector, Mr. Russ Sankey, Health Officer and Const. Sparks, Vancouver Police, dated November 6, 2000
Letter to 415184 B.C. Ltd., Shekou Ent. and Y. Cheng from D.H. Jackson, City Building Inspector, dated November 10, 2000
Not Safe To Occupy Notice, dated November 10, 2000
Building Inspection Report, dated November 10, 2000
Building Inspection Report, dated November 10, 2000
Stop Work Notice, dated November 10, 2000
Letter to 415184 B.C. Ltd., Shekou Ent. and Y. Cheng from D.H. Jackson, dated November 13, 2000
Building Inspection Report, dated November 14, 2000
E-mail to Barb Windsor from Jill Fedirchuk, Police Department, dated November 14, 2000
Letter to 415184 B.C. Ltd., Shekou Ent. and Y. Cheng from D.H. Jackson, dated December 1, 2000
Development and Building Permit Application, dated December 5, 2000
Building Inspection Report, dated December 6, 2000
Plumbing Inspection Report, dated December 14, 2000
Electrical Inspection Report, dated December 14, 2000
Corporate Search, dated April 25, 2001
Letter to Barb Windsor from Charlotte, dated May 6, 2001
Letter to Barb Windsor from Annie, dated May 6, 2001
Advertisement dated May 7, 2001
Letter to Barb Windsor, Russ Sankey and Constable Gary Sparks from Nola, dated May 7, 2001
Letter to The Owner of the Warehouse Space from Nola, dated May 7, 2001
Letter to Canadian Textile Import & Export Manufacturing Corp. from Barb Windsor, dated May 8, 2001
Handwritten notes from Barb Windsor, dated May 11, 2001
Letter to Canadian Textile Import & Export Manufacturing Corp. from Paul Teichroeb, dated May 17, 2001
Suspension Form
Property Use Inspection Report, dated May 19, 2001
Photos
Letter to Mr. Peter Chu from Ian Cheng Yi Feng, dated May 21, 2001
Letter to Barb Windsor from Ian Cheng Yi Feng, dated May 31, 2001

2 Fire Department

Memo to Barb Windsor from Ken Suzuki, Fire Department, dated December 4, 2000

3 Police Department

Police Report, Case 00-248213, dated October 29, 2000
Police Report, Case 00-248252, dated October 29, 2000

Additional documents submitted at the Hearing:

i) City of Vancouver Development and Building Permit Application No. DB 410593, dated December 5, 2000;

ii) City of Vancouver Electrical Inspection Report, dated May 9, 2001;

iii) Letter from Paul Teichroeb, Chief License Inspector, to Yi Feng Cheng, Canadian Textile Import & Export Manufacturing Corp., dated June 7, 2001;

iv) Letter from Ian Cheng Yi Feng, Canadian Textile Import & Export Manufacturing Corp. to City of Vancouver, dated September 14, 2001.

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. The Appellant was represented by Ms. Jenny Cheng, Corporate Secretary, with the aid of a Mandarin interpreter.

Ms. Kinahan noted proceedings were taking place pursuant to Section 277 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, property use reports and letters relied on by the Chief License Inspector in referring this matter to Council, letters from the Chief License Inspector, documents submitted at the Hearing, and the evidence of witnesses, which set out the allegations that the Appellant has failed to properly manage the business by:

(a) permitting an unapproved assembly use in the business premises in contravention of the Zoning and Development By-law, the Building By-law and the Fire By-Law of the City of Vancouver;

(b) allowing late night dance events on the premises without a permit in contravention of the License By-law of the City of Vancouver;

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

· Constable Russ Mitchell, Vancouver Police
· Ken Suzuki, Fire Prevention Inspector
· Jim Docherty, Inspector, Electrical Inspections
· Steve Zahar, Plumbing Inspector
· Ray Mariani, Property Use Inspector
· Peter Sweeney, Manager, Building Inspection Branch
· Barb Windsor, Deputy Chief License Inspector.

Ms. Cheng, with the aid of the interpreter, stated she was unaware of fashion shows, late-night dance parties and excessive noise occurring in the building. She noted the Appellant's intention to sell the premises. Ms. Cheng guaranteed there would be no further renovations or late-night events on the premises and urged the Panel to reconsider the suspension.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in police reports, property use reports and letters relied on by the Chief License Inspector in referring this matter to Council, letters from the Chief License Inspector, documents submitted at the Hearing, and the evidence of witnesses, and the letter to the Appellant dated June 13, 2001, and set out the legal test for Council to apply in determining whether to uphold a suspension by the Chief License Inspector for the 2001 Business License issued to Canadian Textile Import & Export Manufacturing Corp., 1391 William Street, Vancouver, BC.

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members noted the Appellant's demonstrated history of allegations as set out above, continued failure to understand the operating and licensing requirements for the business, and failure to recognize responsibility relating to public safety.

MOVED by Councillor Kennedy,

THAT the suspension by the Chief License Inspector, pursuant to Section 277 of the Vancouver Charter, of the 2001 Business License issued to the Canadian Textile Import & Export Manufacturing Corp, 1391 William Street, Vancouver, British Columbia, be affirmed and upheld, because the Appellant has failed to properly manage the Business premises by:

(a) permitting an unapproved assembly use in the business premises in contravention of the Zoning and Development By-law, the Building By-law and the Fire By-Law of the City of Vancouver;

(b) allowing late night dance events on the premises without a permit in contravention of the License By-law of the City of Vancouver;

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 11:10 a.m.

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blhmemo.htm

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