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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES APRIL 22, 2003 |
A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, April 22, 2003, in the Council Chamber, Third Floor, City Hall, commencing at 10:00 a.m., to determine whether or not a business license for the year 2003 issued to Hiu Ting Cheng, doing business as Jimmy's Discount Store, 138 East Hastings Street, Vancouver, British Columbia, ought to be suspended or revoked.
PRESENT: |
Councillor Anne Roberts, Chair |
Councillor David Cadman | |
Councillor Peter Ladner | |
CITY CLERK'S OFFICE: |
Laura Kazakoff, Meeting Coordinator |
1. Hiu Ting (Judy) Cheng Dba Jimmy's Discount Store (File 2711-56)
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 9 - 11 West Hastings
Handwritten notes 1995 - 1998
Court Documents #19631 dated between October 30, 1995 and November 29, 1995
Court Documents #21723 dated January 22, 1997
1997 Business License #97-037813 dated April 8, 1997 (Secondhand Dealer)
1997 Business License #97-037813 dated April 8, 1997 (Pawnbroker)
Court Documents #22293 dated August 4, 1997
1998 Business License Application #98-205659 dated January 11, 1998
1998 Business License #98-179246 dated May 29, 1998
E-mail to Barb Windsor from Linda Yee dated October 22, 2002
2 30 East Hastings
Business Plan dated January 30, 1998
Criminal Record Check Application Form dated January 30, 1998
1998 Business License #98-221747 dated February 3, 1998 (Secondhand Dealer)
1998 Business License #98-221752 dated February 3, 1998 (Pawnbroker)
1999 Business License Application #99-282851 dated December 15, 1998 (Secondhand Dealer)
1999 Business License Application #99-282852 dated December 15, 1998 (Pawnbroker)
3 138 East Hastings - Licenses and Inspections
1998 Business License #98-241632 dated August 19, 1998
1999 Business License #99-282877 dated February 22, 1999
2000 Business License #00-349372 dated January 20, 2000
2001 Business License #01-102631 dated January 11, 2001
2002 Business License #02-121532 dated February 1, 2002
Letter to Jimmy's Discount Store from B. Windsor dated October 22, 2002
Handwritten notes dated October 24, 2002
Letter to Sara Thu Huong Thai from B. Windsor dated October 25, 2002
Purchase and Sell Agreement dated November 1, 2002
2002 Business License Application #02-465779 dated November 5, 2002
Criminal Record Check Application Form dated November 5, 2002
Copy of Driver's License of Hiu Ting Judy Cheng
Business Plan dated November 5, 2002
Handwritten notes dated December 16, 2002
Fax to Desiree Adam from P. Ellis dated January 7, 2003 (with attachment)
Criminal Record Check dated January 8, 2003
Copy of Driver's License of Quang Ban Thai
Criminal Record Check dated January 8, 2003
Copy of Driver's License of Cu Tai Thai
Handwritten notes dated January 31, 2003
Handwritten notes dated February 12, 2003
Handwritten notes dated February 18, 2003
Letter to Hiu Ting Judy Cheng from B. Windsor dated February 20, 2003
Handwritten notes dated February 21, 2003
Letter to Hiu Ting Judy Cheng from B. Windsor dated February 24, 2003
2003 Business License #03-497254 dated February 24, 2003
Handwritten notes dated February 24, 2003
Letter to B. Windsor from Judy Cheng dated February 26, 2003
Letter to Judy Cheng from B. Windsor dated March 4, 2003
4 138 East Hastings - Police Reports
#98-219726 dated September 9, 1998
Report to Barb Windsor from Paul Ellis dated October 17, 2002 which refers to the following reports:
#2001-91707 dated April 29, 2001
#2001-211222 dated September 15, 2001
Photos
#2002-73727 dated April 3, 2002
#2002-151770 dated July 7, 2002
Photo
#2002-229180 dated July 24, 2002
Photos
#2002-229137 dated October 1, 2002
#2002-229183 dated October 1, 2002
#2002-235550 dated October 1, 2002
#2002-238656 dated October 1, 2002
#2002-239514 dated October 1, 2002
Also before the Panel were the following documents submitted this day by the City's Legal Department:
Police General Occurrence Report #2002-129370 dated June 11, 2002
Police General Occurrence Report #2002-238757 dated October 15, 2002
Police General Occurrence Report #2003-11447 dated January 14, 2003
Police General Occurrence Report #2003-17237 dated January 21, 2003
Copies of two booklets containing hand-written recordings of financial transactions
Catherine Kinahan, City Lawyer, was present on behalf of the City. Hiu Ting (Judy) Cheng was represented by David Plunkett, Lawyer.
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.
At the commencement of proceedings at 10:00 a.m., Ms. Kinahan noted that Mr. Plunkett was conferring with his client, and therefore requested the Panel recess briefly until all parties were ready to proceed.
The Business License Hearing panel recessed at 10:05 a.m. and reconvened at 10:15 a.m.
Mr. Plunkett submitted that due to questions regarding the legal jurisdiction of the Panel which need to be addressed, he and his client were requesting this matter be adjourned and a new Hearing be scheduled for May 27, 2003. Ms. Kinahan concurred.
MOVED by Councillor Cadman
THAT this Hearing be adjourned and another Business License Hearing on this matter be scheduled for May 27, 2003, at 9:30 a.m.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 10:17 a.m.
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