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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES MARCH 13, 2003 |
A Business License Hearing of the Council of the City of Vancouver was held on, Thursday, March 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 Van Lang Nguyen (the "License Applicant"), doing business as Ninh Kieu for business premises located at 1151 Kingsway, Vancouver, British Columbia (the "Premises").
PRESENT: |
Councillor Tim Louis, Chair |
Councillor Jim Green | |
Councillor Anne Roberts | |
CITY CLERK'S OFFICE: |
Tina Hildebrandt, Meeting Coordinator |
1. Van Lang Nguyen Dba Ninh Kieu - 1151 Kingsway (File 2711-54)
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
1 637 - 639 East 15th Avenue
Police Report #96-3347 dated January 4, 1996
Police Report #96-22660 dated January 26, 1996
Police Report #96-46695 dated February 21, 1996
Police Report #96-48654 dated February 23, 1996
Extract from CPIC Record of Lang Van Nguyen
Police Report #96-55009 dated March 1, 1996
1997 Business License #97-135311 dated June 3, 1997
Police Report #97-150564 dated June 19, 1997
Inspection Report #IR 327810 dated June 19, 1997
Inspection Report #IR 327193 dated July 23, 1997
2 654 Kingsway
Business License Application dated December 3, 2000
Police Report #00-275815 dated December 5, 2000
Inspection Report #IR 362167 dated December 5, 2000
Building Inspection Report #BI 12178 dated December 5, 2000
Letter to Li-Zhen Xu and Café Dai Bac from D.H. Jackson dated December 6, 2000
E-mail to Carlene Robbins from Steve Callender dated December 19, 2000
Inspection Report #IR 362177 dated January 3, 2001
Building Inspection Report #BI 12884 dated February 27, 2001
Photos
Letter to Li-Zhen Xu from A. Tsisserev dated March 5, 2001
Electrical Permit #EL 455552 dated April 11, 2001
Building Inspection Report #BI 13318 dated April 17, 2001
Photos
Letter to Li-Zhen Xu and Dai Bac Garden Supplies from D.H. Jackson dated May 2, 2001
Business License Application dated August 13, 2001
Criminal Background Check Form dated September 10, 2001
Copy of Drivers License of Van Lang Nguyen
Handwritten notes dated September 11, 2001
3 1151 Kingsway
Special Occasion License #123057 dated May 8, 2002
Business License Application dated May 14, 2002
Permit to Operate dated May 30, 2002
Complaint Form #CF 10327, EN 003562 dated June 5, 2002
Property Use Inspection Report #UI 17541 dated June 5, 2002
Special Occasion License #123074 dated June 18, 2002
Co-ordinated Inspection Report (Property Use) #CU 10109 dated July 13, 2002
Photos
Letter to Lang Van Nguyen from B. Windsor dated July 18, 2002
Special Occasion License #123091 dated July 23, 2002
Handwritten notes dated July 23, 2002
E-mail to Barb Windsor from Lucia Cumerlato dated August 6, 2002
Complaint Form #CF 10613, EN 005385 dated August 22, 2002
Business License Application dated October 1, 2002
Inspection Tracking Sheet #1460 dated November 9, 2002
Co-ordinated Inspection Report (Property Use) #CU 10136 dated November 9, 2002
Photos
Police Report #2002-259577 dated November 9, 2002
Police Report #2002-262245 dated November 13, 2002
Letter to Van Lang Nguyen from B. Windsor dated November 18, 2002
Handwritten notes dated November 21, 2002
Police Report #2002-259598 dated November 22, 2002
Letter to Van Lang Nguyen from Barb Windsor dated January 3, 2003
Letter to Barb Windsor from Michael Golden dated January 10, 2003
Business License Application dated January 13, 2003
Letter to Michael Golden Law Corp from Catherine Kinahan dated January 30, 2003
Development and Building Permit #DB 414505 dated January 31, 2003
Occupancy Permit #OC 418999 dated February 6, 2003
Catherine Kinahan, Counsel, was present on behalf of the City of Vancouver. Mr. Van Lang Nguyen, the License Applicant, was present and was represented by Mr. Michael S. Golden of Michael Golden Law Corp. Mr. Nguyen was also aided by Mr. Chanh Bui, certified Vietnamese interpreter.
Ms. Kinahan noted this matter had been referred to City Council by the 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 Council members.
Ms. Kinahan referred the Panel to evidence before it as set out in Police Reports, reports of Property Use Inspectors, documentation which were considered by the Chief License Inspector in referring the business license to Council, a letter from the Deputy Chief License Inspector, and the evidence of witnesses, which sets out the allegations that the applicant has failed to properly manage the premises by:
(a) operating an arcade without a development permit, in contravention of the Zoning and Development By-law of the City of Vancouver;
(b) unlawfully keeping for sale or selling or giving liquor to persons on the Premises, in contravention of the Liquor Control and Licensing Act;
(c) unlawfully consuming liquor in a public place, or permitting other persons on the Premises to unlawfully consume liquor in a public place, in contravention of the Liquor Control and Licensing Act;
(d) permitting smoking in the Premises in contravention of the Health By-law of the City of Vancouver;
(e) being a limited service food establishment, providing more than sixteen seats for patrons, in contravention of the License By-law of the City of Vancouver; and
(f) failing to control the conduct of patrons on the Premises.
As well, it is alleged that the Applicant has failed to properly manage other businesses or licensed premises in the City of Vancouver.
Ms. Kinahan also referred the Panel to two additional evidence documents: one entitled "Amended Admissions of Fact" submitted by Ms. Kinahan, and the other entitled "Book of Documents of the Applicant" submitted by the License Applicant's Counsel (on file in the City Clerk's Office).
In support of the allegations set out in the above noted reports and evidence, Ms. Kinahan called the following witnesses:
- Guy Gusdal
- Detective Constable 1380 Steve Callender
- Shannon Johnston
- Police Constable 2053 Phillip Heard
- Detective Constable 1138 Val Woollacott
- Barb Windsor
Mr. Golden also directed questions to a number of the witnesses.
Mr. Golden submitted his presence was not to deny alleged facts, but rather to submit two other points for the Panel's consideration - specifically, that the Panel does have the jurisdiction to issue a business license for less than a full calendar year and evidence that Mr. Nguyen started these businesses to sell them at a profit, which explains why he was involved with so many business addresses over a short period of time. Mr. Golden requested the Panel consider issuing his client a business license until the end of the summer to allow him the opportunity to carry on business until he is able to find a buyer.
Mr. Golden called Van Lang Nguyen as a witness (Mr. Bui interpreted the proceedings). In response to questions related to the various businesses he has owned, Mr. Nguyen confirmed that he starts these businesses then sells them to friends. Mr. Golden also offered as evidence, records of related renovations, equipment and other purchases for the subject premises. On cross examination from Ms. Kinahan, Mr. Nguyen stated he was not familiar with the Employment Standards Act, and was not aware of the difference between Health Board and Licensing requirements.
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 2003 ought to be issued to the Applicant, Van Lang Nguyen, doing business as Ninh Kieu for business premises located at 1151 Kingsway, Vancouver, British Columbia. Ms. Kinahan further suggested that the Panel may wish to refer any future business license applications by Van Lang Nguyen, also known as Michael Nguyen, to Council for hearing, adding that such resolutions have been made at previous hearings.
Mr. Golden reiterated his client's desire to be allowed to continue to operate his business on a short-term basis for resale purposes.
PANEL MEMBERS DISCUSSION
Prior to a decision on this matter, Panel members noted that in addition to the allegations set out in the evidence brief, the License Applicant, in his own submission, confirmed that he is not aware of the minimum wage in the Province of British Columbia, the Employment Standards Act that governs employer/employee relations and, being a developer who develops businesses, demonstrates a lack of knowledge with regard to permitting and health regulations.
MOVED by Councillor Green
A. THAT the application for a 2003 Business License by Van Lang Nguyen, also known as Michael Nguyen (the "License Applicant"), doing business as Ninh Kieu for business premises located at 1151 Kingsway, Vancouver, British Columbia (the "Premises"), be refused because it is not in the public interest to issue this license as the Applicant has failed to properly manage these premises and other business premises by:
i) unlawfully keeping for sale or selling or giving liquor to persons on the Premises, in contravention of the Liquor Control and Licensing Act;
ii) unlawfully consuming liquor in a public place, or permitting other persons on the Premises to unlawfully consume liquor in a public place, in contravention of the Liquor Control and Licensing Act;
iii) carrying on business without having an operating knowledge of relevant laws which govern employer/employee relationships including the Employment Standards Act of British Columbia; and
iv) carrying on business without having an operating knowledge of regulations which pertain to that business, including permitting and health regulations.
B. AND THAT should any further business license applications be submitted to the City of Vancouver by Van Lang Nguyen, also known as Michael Nguyen (the "License Applicant"), that such applications must be referred to Vancouver City Council.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 9:56 p.m.
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