CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

FEBRUARY 13, 2003

A Business License Hearing of the Council of the City of Vancouver was held on Thursday, February 13, 2003, in the Council Chamber, Third Floor, City Hall, commencing at 7:30 p.m., to determine whether or not a City of Vancouver business license for the year 2003 should be granted to Ahn and Sons Holdings Ltd., doing business as Empress Hotel, for business premises located at 235 East Hastings Street, Vancouver, British Columbia.

PRESENT:     Councillor Fred Bass, Chair
                        Councillor Peter Ladner
                        Councillor Raymond Louie

CITY CLERK'S OFFICE: Laura Kazakoff, Meeting Coordinator

1. Ahn & Sons Holdings Ltd. dba Empress Hotel (235 East Hastings Street) (File 2711-53)

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 Office of the City Clerk) and the evidence of witnesses:

Notice of Hearing

Tab

1 Licenses and Inspections Department

2 Health Department

3 Fire Department

4 Downtown Eastside Residents Association (DERA)

5 Police Department

Catherine Kinahan, City Lawyer, was present on behalf of the City. Susan Ahn, on behalf of the Applicant, Ahn & Sons Holdings, was present and was represented by David M. Guy, of Guy & Company, Barristers & Solicitors. Mrs. Ahn was also aided by a Korean interpreter.

This matter had been referred to City Council by the Chief License Inspector pursuant to Section 4(2a) of the License By-law of the City of Vancouver, and proceedings were taking place pursuant to Section 275 of the Vancouver Charter, which provides that the granting or refusing of a license to an Applicant is deemed to be in the discretion of the Council. Section 277.1 of the Vancouver Charter 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 various Licenses and Inspections Department correspondence and documents, reports and letters to and from the City of Vancouver Health Department and the Vancouver Coastal Health Authority, Fire Department inspection reports and letters to the Deputy Chief License Inspector, Arbitration Decision documents from the Downtown Eastside Residents Association, and various Police Department reports, all of which set out the allegations that the Applicant has failed to properly manage the Premises by:

Ms. Kinahan noted that as a result of recent developments, a Draft Resolution on this matter has been prepared and is before the Panel this evening for its consideration. Ms. Kinahan advised the Deputy Chief License Inspector is concerned about the implications of closing the hotel and has taken the position that while she would not recommend issuing a license to the Applicant, she would agree to issuing a license to an independent manager who would run the hotel, subject to conditions as set out in the draft resolution. Ahn & Sons Holdings Ltd. and their lawyer are aware of the terms of the draft resolution and agree to them, as does Mr. Doug Aason who has expressed an interest in taking over the management of the Empress Hotel and is in attendance this evening.

Ms. Kinahan also drew the Panel's attention to the following two documents submitted at this Hearing:

Ms. Kinahan submitted that, given the large amount of evidence contained in the booklet before the Panel this evening and the fact that the Applicants do not dispute the evidence in the booklet, there is no need to call a large number of witnesses, although they are all in attendance should the Panel wish to proceed with a full Hearing.

In support of the allegations set out in the above-noted reports and evidence, Ms. Kinahan called Barb Windsor, Deputy Chief License Inspector, as a witness. Ms. Windsor advised of her support for the proposed draft resolution, noting the proposed conditions of the 2003 business license would be to ensure that Mr. Aason has complete control over the operation of the hotel.

Mr. Guy submitted that the other principal of Ahn & Sons Holdings Ltd., Mr. John Ahn, has in the past been the controlling element in the hotel; however, he has recently suffered a stroke and is therefore no longer able to take part in the operation of the hotel. Mrs. Ahn has since been put into the position of having to run the hotel and pub. She has found this to be an onerous task, and she is therefore very receptive to the proposed management contract for the hotel's operation. Since taking over the management of the hotel, Mrs. Ahn has been very cooperative with City staff and has an understanding of the work which needs to be carried out. She has installed fire doors and has signed a pest control contract, which Mr. Guy submitted as being indicative of Mrs. Ahn's willingness and desire to bring the hotel into compliance with City policies.

Mr. Guy called Mr. Doug Aason as a witness. Mr. Aason submitted he is comfortable with the negotiations which have taken place with Ahn & Sons and their lawyer in working towards a formal agreement for his taking over the management of the hotel. He noted there were only minor details to be ironed out and he has therefore signed his intent to enter into this contract agreement.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in the evidence briefs and reviewed the options available to the Panel in regard to a decision on this matter.

PANEL MEMBERS DECISION

MOVED by Councillor Ladner

A. THAT the application for a 2003 Business License by Ahn & Sons Holdings Ltd. doing business as the Empress Hotel (the "Applicant"), 235 East Hastings Street, Vancouver, British Columbia (the "Premises") be refused, because the Applicant has failed to properly manage the Premises by:

B. THAT a 2003 Business License for the Premises be issued to Doug Aason (the "Licensee"), on the following conditions:

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 8:25 p.m.

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