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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES OCTOBER 21, 2003 |
A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, October 21, 2003, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to determine whether or not the 2003 City of Vancouver business license granted to Yung Ja Kim doing business as New Wings Hotel for the business premises located at 143 Dunlevy Street, Vancouver, British Columbia, should be suspended or revoked.
PRESENT: |
Councillor Sam Sullivan, Chair |
Councillor Tim Louis | |
Councillor Anne Roberts | |
CITY CLERK'S OFFICE: |
Lori Isfeld, Meeting Coordinator |
Charlene Imai, Meeting Coordinator |
1. Yung Ja Kim Dba New Wings Hotel (File 2711-59)
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:
Notice of Hearing
1 Licenses and Inspections Department
2002 Business License dated February 7, 2002
Co-ordinated Inspection Report (Property Use) #CU 10057 dated February 14, 2002
Letter to Sae W. Kim and Yung J. Kim from D.H. Jackson dated February 22, 2002
Co-ordinated Inspection Report (Property Use) #CU 10076 dated April 17, 2002
Property Use Inspection Report #UI 17510 dated June 3, 2002
Co-ordinated Inspection Report (Property Use) #CU 10104 dated July 3, 2002
Title Search (Lot 22) dated July 5, 2002
Title Search (Lot 23) dated July 5, 2002
Letter to Sae W. Kim and Yung J. Kim from D.H. Jackson dated July 8, 2002
Property Use Inspection Report #UI 18224 dated August 27, 2002
Photos
Hotel Register dated August 23, 2002
Letter to Yung Ja Kim and New Wings Rooming House from B. Windsor dated September 6, 2002
Notice of Hearing dated September 18, 2002
Handwritten notes dated September 25, 2002
Fax to Barb Windsor and Catherine Kinahan from Gregory Bruce dated September 30, 2002, re: revised Memorandum of Understanding
Handwritten notes dates October 3, 2002
Property Use Inspection Report #UI 18664 dated October 30, 2002
Co-ordinated Inspection Report (Property Use) #CU 10138 dated November 20, 2002
Photos
Handwritten notes dated November 21, 2002
Fax to Barb Windsor and Catherine Kinahan from Gregory Bruce dated November 25, 2002
Notice to End a Residential Tenancy dated November 30, 2002
Property Use Inspection Report #UI 18973 dated December 10, 2002
Photos
Fax to Barb Windsor and Catherine Kinahan from Gregory Bruce dated December 11, 2002
Co-ordinated Inspection Report (Property Use) #CU 10152 dated January 22, 2003
2003 Business License dated January 23, 2003
Co-ordinated Inspection Report (Property Use) #CU 10197 dated June 5, 2003
Photos
Letter to Yung Ja Kim from B. Windsor dated June 5, 2003
Handwritten notes dated June 11, 2003
Letter to Yung Ja Kim from B. Windsor dated July 29, 2003
Co-ordinated Inspection Report (Property Use) #CU 10218 dated August 5, 2003
Handwritten notes dated August 6, 2003
Letter to Barb Windsor from Michael Hogan dated August 11, 2003
2 Fire Department
Memo to Barb Windsor from Ken Suzuki dated February 15, 2002
Photos
Fax to Susan Smith from Linda Yee dated September 6, 2002
Memo to Barb Windsor from Ken Suzuki dated September 24, 2002
Photos
Memo to Barb Windsor from Ken Suzuki dated June 5, 2003
Photos
Court File Information dated July 31, 2003
Memo to Catherine Kinahan from Ken Suzuki dated September 17, 2003
3 Police Department
#2002-300387 dated December 10, 2002
#2003-6835 dated January 1, 2003
#2003-17986 dated January 22, 2003
#2003-45809 dated February 24, 2003
#2003-59114 dated February 28, 2003
#2003-84134 dated April 10, 2003
#2003-116258 dated May 16, 2003
#2003-120241 dated May 21, 2003
#2003-183544 dated July 24, 2003
Memo to Paul Teichroeb from Wayne Windrim dated August 12, 2003
#2003-245612 dated September 24, 2003
Catherine Kinahan, Counsel, was present on behalf of the City of Vancouver. John Rogers - Burns, Fitzpatrick, Rogers & Schwartz represented the licensee.
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 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 was 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) failing to control the conduct of persons on the licensed premises;
(b) failing to comply with the provisions of the Fire By-law of the City of Vancouver;
(c) failing to comply with the provisions of the Standard of Maintenance By-law of the City of Vancouver; and
(d) charging guest fees in contravention of the Residential Tenancy Act, R.S.B.C. 1996, c. 406.
Ms. Kinahan also referred the Panel to additional evidence documents, which included an evidence package and report from the applicant, an additional property use inspection report, an e-mail from the Fire Prevention Inspector, and excerpts from the License and Standards of Maintenance By-Laws.
In support of the allegations set out in the above noted reports and evidence, Ms. Kinahan called the following witness:
1. Barb Windsor, Deputy Chief License Inspector
At this point in the proceedings the Panel granted a request by counsel for the City and counsel for the licensee for a short recess in order to negotiate conditions to be attached to the business license. The Hearing recessed at 10:11 a.m. and reconvened at 11:15 a.m.
Barb Windsor read into the record the conditions negotiated during the recess.
Mr. Rogers noted the latest inspection reports show renovation work has begun and that Mr. Schwab has demonstrated his ability to keep up with maintenance work. Mr. Rogers also submitted his clients would attempt as much as possible to comply with the conditions.
PANEL MEMBERS DISCUSSION
Prior to a decision on this matter, Panel members noted the applicant's willingness to comply with the conditions set out by counsel for the City and counsel for the applicant.
MOVED by Councillor Louis
THAT a 2003 Business License for the business premises located at 143 Dunlevy Street, Vancouver, British Columbia, granted to Yung Ja Kim have the following conditions attached to it:
1. Sam Kim and Louis Schwab are required to take the Vancouver Community College Building Management and Maintenance courses, including an SRO component if available, on or before April 30, 2004, and Sam Kim and Louis Schwab are to provide certificates of completion for that course to the Deputy Chief License Inspector.
2. A comprehensive work schedule satisfactory to the Deputy Chief License Inspector is to be provided on or before November 15, 2003. The work schedule is to be maintained on an ongoing basis in a book to be kept in the hotel office and to be produced to the Property Use Inspector upon request.
3. A tenant registry is to be maintained on an ongoing basis and proper identification is to be produced and recorded in all cases, as is the full name of the tenant. The tenant registry is to be kept in a book in the hotel office and to be produced to the Property Use Inspector upon request.
4. A guest registry for overnight guests or guests who pay fees is to be maintained on an ongoing basis and proper identification is to be produced and recorded in cases of guests who are not known to staff and the full name of known guests is to be recorded in the register. The guest register is to be kept in a book in the hotel office and produced to the Property Use Inspector upon request.
FURTHER THAT the Panel recommends the above-noted conditions also apply to the 2004 Business License issued for the premises.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 11:30 a.m.
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