CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

JULY 20 AND 27, 2004

A Business License Hearing of the Council of the City of Vancouver was convened on, Tuesday, July 20, 2004, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to determine whether or not the 2004 City of Vancouver business licenses granted to Joo Won Enterprises Co. Ltd. doing business as The Marr Hotel Pub (the "Licensee") for the business premises located at 401 Powell Street and The Marr Hotel (the "Licensee") for the business premises located at 403 Powell Street, Vancouver, British Columbia (the "Premises") should be suspended or revoked. The Hearing was subsequently reconvened on Tuesday, July 27, 2004, at 9:30 a.m. The minutes have been consolidated for ease of reference.

PRESENT:

Councillor Peter Ladner, Chair

 

Councillor Fred Bass

 

Councillor David Cadman

   

CITY CLERK'S OFFICE:

Denise Salmon, Meeting Coordinator

1. Joo Won Enterprises Co. Ltd. (File 2711-68)
dba The Marr Hotel Pub, 401 Powell Street and The Marr Hotel, 403 Powell Street

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 401 Powell
Notice of Hearing 403 Powell

Tab

1 Licenses and Inspections Department

2 Fire Department

3 Vancouver Agreement

4 Police Department

Ben Parkin, Counsel, was present on behalf of the City of Vancouver. Mr. Parkin introduced the licensee, Hee Suk Lim, who was accompanied by a Korean interpreter, and counsel for Mr. Lim, Michael Ranspot.

This matter was referred to City Council by the Chief License Inspector pursuant to Section 4(2a) of the License By-law. 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. Mr. Parkin advised the proceedings were taking place pursuant to Section 278 of the Vancouver Charter, which provides that the issuance of a business license is deemed to be at the discretion of Council.

Mr. Parkin 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 licenses to Council; a letter from the Deputy Chief License Inspector, and the evidence of witnesses. Additional police reports and a Property Use Inspection Report dated July 13, 2004, were circulated at the Hearing (on file in City Clerk's Office). The foregoing evidence sets out the allegations that the applicant has failed to properly manage the business premises as follows:

The Marr Hotel Pub by:

And

The Marr Hotel by:

In support of the allegations set out in the above noted reports and evidence, Mr. Parkin called the following witnesses:

Mr. Ranspot also directed questions to the witnesses.

- - - - -
The Panel recessed at this point in the proceedings at 12:40 p.m., on Tuesday, July 20, 2004, and reconvened on Tuesday, July 27, 2004, at 9:30 a.m.
- - - - -

The following evidence was submitted by the licensee's counsel, Mr. Ranspot, on July 27, 2004 (on file in the City Clerk's Office):

Mr. Ranspot called the following witnesses:

Mr. Parkin submitted that the evidence presented as this Hearing accords with the allegations as set out in the evidence briefs, with the exception of failing to comply with the provisions of the Health by-law by permitted smoking, and sets out the legal test for Council to apply in determining whether or not the 2004 City of Vancouver business licenses granted to Joo Won Enterprise Co. Ltd. for the business premises located at 401 and 403 Powell Street Vancouver, British Columbia, should be suspended or revoked.

Mr. Ranspot submitted for the Panel's consideration that the licensee, Hee Suk Lim, Director, Joo Won Enterprise Co. Ltd. be allowed to continue to hold his licenses subject to conditions as follows:

Hotel Fire Escape:

Hotel Upstairs:

Pub:

Mr. Ranspot also submitted there is no evidence of fighting or criminal activity and suggested Mr. Lim be permitted to continue operating the pub and hotel businesses with the above noted conditions.

PANEL MEMBERS DISCUSSION

Prior to a decision on this matter, Panel members noted the demonstrated history of the allegations set out above, including the licensee, Mr. Lim's demonstrated repeated inability to property manage the facility and maintain control of the premises. Discussion followed on ways to monitor further business license applications for the premises located at 401 and 403 Powell Street.

MOVED by Councillor Bass

A. THAT the 2004 City of Vancouver business license granted to Joo Won Enterprise Co. Ltd. doing business as The Marr Hotel Pub (the "Licensee"), for business premises located at 401 Powell Street, Vancouver, British Columbia (the "Premises"), be revoked because the Licensee has failed to properly manage these premises by:

B. THAT the 2004 City of Vancouver business license granted to Joo Won Enterprise Co. Ltd. doing business as The Marr Hotel (the "Licensee"), for business premises located at 403 Powell Street, Vancouver, British Columbia (the "Premises"), be revoked because the Licensee has failed to properly manage these premises by:

C. THAT should any further business license applications be submitted to the City of Vancouver for The Marr Hotel Pub for the business premises located at 401 Powell Street and/or The Marr Hotel for the business premises located at 403 Powell Street, such application(s), at the discretion of the Deputy Chief License Inspector, be referred to Vancouver City Council.

CARRIED UNANIMOUSLY

The Business License Hearing Panel recessed at 12:40 p.m. on July 20, 2004
and adjourned at 12:50 p.m. on July 27, 2004.

* * * * *

bl20040720.htm

Comments or questions? Send us e-mail at info@city.vancouver.bc.ca
© 2002 City of Vancouver