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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES JULY 22, 2003 |
A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, July 22, 2003, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to determine whether or not a Business License for the year 2003 ought to be issued to Tae Yong Shin (the "License Applicant"), doing business as the Empress Hotel for business premises located at 235 East Hastings Street, Vancouver, British Columbia (the "Premises").
PRESENT: |
Councillor Ellen Woodsworth, Chair |
Councillor David Cadman | |
Councillor Raymond Louie | |
CITY CLERK'S OFFICE: |
Laura Kazakoff, Meeting Coordinator |
1. 235 East Hastings Street - Empress Hotel (File 2711-58)
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:
Tab
Notice of Hearing
1 Licenses and Inspections Department
Business License Hearing Minutes dated February 13, 2003
Business License #03-502346 dated March 14, 2003 issued to Doug Aason
Handwritten notes dated April 17, 2003
Letter to Ahn & Sons Holdings Ltd. from Doug Aason dated May 29, 2003
Letter to Barb Windsor from Timothy Williamson dated June 2, 2003 (copy of lease agreement included between Ahn & Sons Holdings Ltd. and Dae Kwan Kim)
Application for Business License dated June 4, 2003 of Dae Kwan Kim
Handwritten notes dated June 5, 2003
Business License Application Information Sheet dated June 6, 2003 of Dae Kwan Kim
Letter to City of Vancouver from Dae Kwan Kim dated June 6, 2003
Handwritten notes dated June 6, 2003
Property Use Inspection Report #UI 20432 dated June 12, 2003
Photos
Handwritten notes dated June 13, 2003
Business License Application Information Sheet dated June 13, 2003 of Tae Yong Shin (copy of lease agreement included between Ahn & Sons Holdings Ltd. and Tae Yong Shin)
Letter to Barb Windsor from Doug Aason dated June 13, 2003
Handwritten notes dated June 16, 2003
Letter from Tae Yong Shin dated June 16, 2003
Handwritten notes dated June 17, 2003
Handwritten notes dated June 18, 2003
Fire Report dated June 18, 2003
Letter to Barb Windsor from Doug Aason dated June 22, 2003
Police Report #2003-161935 dated July 2, 2003
Handwritten letter from Travis Gratton dated July 2, 2003
Incident Report dated July 2, 2003
Business License Application dated July 3, 2003 of Tae Yong Shin
Copy of Drivers License of Tae Yong Shin
Letter to Tae Yong Shin from B. Windsor dated July 3, 2003
Letter to Jeong Hong Ahn (Susan Ahn) from B. Windsor dated July 3, 2003
E-mail to Barb Windsor from David Jantzen dated July 11, 2003
Catherine Kinahan, City Lawyer, was present on behalf of the City. Mr. Tae Yong Shin represented himself with the aid of a Korean interpreter.
Ms. Kinahan advised 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.
Ms. Kinahan referred the Panel to the Notice of Hearing contained within the evidence package, which set out the allegation that the application is a sham or subterfuge to circumvent a previous resolution of City Council.
Ms. Kinahan provided a brief overview of the history of this premises and of the Business License Hearing which was held on February 13 of this year, at which time Ahn & Sons Holdings, owner of the Licensed Premises, were refused a Business License, and Mr. Doug Aason was granted a Business License to operate the hotel on the premises.
In support of the allegations set out in the above-noted reports and evidence, Ms. Kinahan called the following witnesses:
Barb Windsor, Deputy Chief License Inspector
Doug Aason
John Chadwick, Property Use Inspector
Ms. Kinahan drew the panel's attention to a list of proposed conditions (circulated at the Hearing - on file) which are put forward in the event the Panel wishes to issue a Business License to Mr. Shin.
Ms. Windsor, in her testimony, noted that the hotel appeared to be well-run under Mr. Shin and would recommend that if the Panel chooses to issue a license to him, that the conditions referred to by Ms. Kinahan be attached. Mr. Aason and Mr. Chadwick concurred that Mr. Shin appeared to be operating the hotel in a competent manner and interacted well with the tenants of the hotel.
Mr. Shin also directed questions to one of the witnesses.
Mr. Shin, with the aid of the interpreter, submitted that he met Mr. John Ahn, Ahn & Sons Holdings, through a newspaper advertisement. He noted that he plans to run the hotel very well and comply with all of the regulations imposed by City Hall. He wants to build a good working relationship with the City inspectors and Mr. Aason, and for the hotel to be well known as one of the best in Vancouver. Mr. Shin also advised, through questioning by the Panel, that he understood his responsibilities and liabilities in terms of hotel repairs and maintenance. He requested, however, that the deadline for installing the hard-wired smoke alarms in every room be extended to the end of October.
In response to questions concerning responsibility for paying for the installation of the hard-wired smoke detectors, Mr. Shin submitted a copy of an Addendum to the Contract of Lease Agreement which he has entered into with Mr. Ahn (on file).
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Note from Clerk: The Panel recessed at 11:15 a.m. in order that copies of the afore-mentioned document could be provided to Panel members and City counsel. The Panel reconvened at 11:25 a.m.
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Ms. Kinahan submitted that the evidence presented at this Hearing does not uphold the allegation that the application for a Business License by Mr. Tae Yong Shin is a sham or subterfuge to circumvent a previous resolution of Council, and therefore the question before the Panel is whether the hotel is properly managed, or is likely to be properly managed by the License Applicant.
PANEL MEMBERS DISCUSSION
Prior to a decision on this matter, Panel members commented on the history of enforcement concerns with regard to this hotel, noting that the situation has improved since the Council resolution of February 13, 2003. Some work remains to be done, which Mr. Shin has committed to do, and are set out in the Business License conditions which are recommended by staff. In addition, a further condition restricting the number of rented rooms until all the conditions have been met would provide a financial incentive for Mr. Shin to complete all the necessary repairs within the required timeframe.
MOVED by Councillor Louie
THAT the application for a 2003 Business License by Tae Yong Shin (the "License Applicant"), doing business as the Empress Hotel for business premises located at 235 East Hastings Street, Vancouver, British Columbia (the "Premises"), be granted, subject to the following conditions:
1. A room by room inspection to be done with the Property Use Inspector and a list of necessary work completed and work schedule to be submitted to the Deputy Chief License Inspector on or before August 31, 2003;
2. All rooms in the hotel to be repaired to an acceptable standard in compliance with the Standards of Maintenance By-law of the City of Vancouver to the satisfaction of the Property Use Inspector on or before October 31, 2003, unless an extension is granted by the Deputy Chief License Inspector;
3. Hard-wired smoke detectors are to be installed in each hotel room on or before August 31, 2003;
4. A pest control contract is to be entered into, to the satisfaction of the Medical Health Officer on or before August 31, 2003, and a copy provided to the Deputy Chief License Inspector;
5. Susan and John Ahn shall not have any involvement, direct or indirect with tenants, residents, customers or staff of the hotel;
6. Doug Aason is to remain retained in an advisory capacity until October 31, 2003;
7. An employee is to be assigned to door control at the hotel on a twenty four hour basis;
8. In the event that the license holder fails to comply with any of these conditions, the License is to be referred back to Council forthwith;
9. The number of permitted rental units will be restricted to 64, which is the current number of occupied units, until all the conditions set out above are complied with.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 11:45 a.m.
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