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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES MAY 27, 2003 |
A Business License Hearing of the Council of the City of Vancouver was held on, Tuesday, May 27, 2003, in the Council Chamber, Third Floor, City Hall, commencing at 9:40 a.m., to determine whether or not a 2003 City of Vancouver business license ought to be granted, with conditions, to Hiu Ting (Judy) Cheng (the "License Applicant"), doing business as Jimmy's Discount Store for business premises located at 138 East Hastings Street, Vancouver, British Columbia (the "Premises").
PRESENT: |
Councillor Anne Roberts, Chair |
Councillor David Cadman | |
Councillor Peter Ladner | |
CITY CLERK'S OFFICE: |
Denise Salmon, Meeting Coordinator |
1. Hiu Ting (Judy) Cheng (the "License Applicant")
dba Jimmy's Discount Store - 138 East Hastings Street (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 City Clerk's Office) and the evidence of witnesses:
INDEX
Tab
Notice of Hearing
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
Catherine Kinahan, City Lawyer, was present on behalf of the City of Vancouver. Mr. David Plunkett, Lawyer, Shapiro Hankinson & Knutson, represented the license applicant, Hiu Ting (Judy) Cheng. Ms. Kinahan noted this Hearing had been adjourned from an earlier date due to concerns related to the Panel's jurisdiction. Ms. Kinahan further advised the licensee, Judy Cheng, has agreed to surrender her Business License for the premises at 138 East Hastings, and this Hearing will now be dealt with as a new application for the license.
Ms. Kinahan advised this matter had been referred to City Council by the Chief License Inspector pursuant to Section 4(2a) of the License By-law. 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 advised the issue is not whether to issue the license, but rather whether or not to attach specific conditions to the granting of that license. Specifically, the question the Panel must decide after hearing the evidence is whether or not an individual known as Quon (Ben) Thai (otherwise known as Ban Quang Thai, Quong Ben That, Ben Quang Thai or Quang Ban Thai) will have no interest whatsoever in the operation of Jimmy's Discount Store or be permitted on the premises. Ms. Kinahan also drew the Panel's attention to the fact that any future charges relating to this business would be laid against the holder of the license - not the store's employees.
Ms. Kinahan referred the Panel to evidence before it as set out in documents which were considered by the Chief License Inspector in issuing the license, a letter from the Deputy Chief License Inspector and the evidence of witnesses. She also referred the Panel to additional evidence documents (on file in the City Clerk's Office), which included original copies of two note books used for recording business transactions, two police reports, and an "Admissions of Fact" document (read into the record by Ms. Kinahan), in which the applicant, Judy Cheng, agreed that:
(a) Stephen Lau will have nothing to do with the operation of the business;
(b) Sara Thai will have nothing to do with the operation of the business;
(c) the license applicant will not employ any person at Jimmy's who is the operator of a table at any flea market in the Lower Mainland;
(d) the license applicant will ensure that a cash register tape is installed in the cash register at all times to record all sales; and
(e) the license applicant will implement a computer system to record all secondhand purchases and to report them to the police.
In support of the allegations set out in the above noted reports and evidence, Ms. Kinahan called the following witness:
· Barb Windsor, Deputy Chief License Inspector
Mr. Plunkett also directed questions to the witness.
In his opening remarks, Mr. Plunkett circulated as evidence a document entitled "Book of Documents/Authorities of Applicant" and submitted the applicant is prepared to admit the facts contained in the City's "Admissions of Fact" document. However, Ms. Cheng is not prepared to agree with the suggested condition for granting of the license that Quon (Ben) Thai be prohibited from working at the store under Ms. Cheng's operation. Mr. Plunkett submitted this condition would restrict certain freedoms of the individual. He further noted Mr. Thai has run his own store for approximately one year with no complaints or charges.
Mr. Plunkett called as witnesses Sara Thai, Ben Thai, and Judy Cheng. Ms. Kinahan also directed questions to the witnesses. Ms. Thai provided the Panel with her previous business history, and events leading up to the sale of the business to Judy Cheng. Mr. Thai provided details of the amalgamation of inventory from three stores into the premises at 138 East Hastings and noted he was responsible for selling items only, had no involvement in the buying of inventory, and had no knowledge of business dealings at the store. Judy Cheng advised she wanted to purchase a business, and provided background leading to the purchase of Jimmy's Discount Store. In response to a question from the Panel, Ms. Cheng advised she had been running the business for the last three months, prior to voluntarily relinquishing her license this day, with no problems to date.
Ms. Kinahan advised the Panel is required to give reasons for its decision, and noted that the legal responsibility for unlawful conduct by activities on this licensed premise falls upon the business license holder pursuant to the Secondhand Dealers By-law.
Mr. Plunkett submitted Judy Cheng is a legitimate business owner, and wants to cooperate with the License Inspector and police. He maintained Ben Thai's innocence and noted he was being held personally culpable for something he played no part in.
PANEL MEMBERS DISCUSSION
Prior to a decision on this matter, Panel members noted that Quon (Ben) Thai has never been convicted, nor have there been any complaints related to the time Mr. Thai ran his own business. Panel members further noted that ultimately the legal responsibility for wrong doing would rest upon the license holder, Sara Thai, and subsequently will lie with Judy Cheng, not her employees. Therefore, the Panel agreed to issue a business license to the applicant, Judy Cheng, with the inclusion of the conditions as agreed to by the applicant. The Panel further agreed any significant future by-law violations be reported back to Council.
MOVED by Councillor Cadman
A. THAT a 2003 Business License be issued to Hiu Ting (Judy) Cheng (the "License Applicant"), doing business as Jimmy's Discount Store for business premises located at 138 East Hastings Street, Vancouver, British Columbia (the "Premises"), on the following terms:
(a) Stephen Lau will have nothing to do with the operation of the business;
(b) Sara Thai will have nothing to do with the operation of the business;
(c) the license applicant will not employ any person at Jimmy's who is the operator of a table at any flea market in the Lower Mainland;
(d) the license applicant will ensure that a cash register tape is installed in the cash register at all times to record all sales; and
(e) the license applicant will implement a computer system to record all secondhand purchases and to report them to the police.
B. THAT, in the event of any significant violation of the Secondhand Dealers and Pawnbrokers By-law, the Deputy Chief License Inspector be directed to refer the business license issued to Hiu Ting (Judy) Cheng, for the business premises located at 138 East Hastings Street, to Council for hearing.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 11:45 a.m.
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