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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES SEPTEMBER 28, 2004 |
A Business License Hearing of the Council of the City of Vancouver was held on, Thursday, September 28, 2004, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to determine whether or not City of Vancouver business licenses for the year 2004 will be granted to Victor Karpov, doing business as Jackson's Buy and Sell Pawnbroker (the "License Applicant"), for business premises located at 175 West Hastings Street, Vancouver, British Columbia (the "Premises").
PRESENT: |
Councillor Jim Green, Chair |
Councillor Tim Louis | |
Councillor Peter Ladner | |
CITY CLERK'S OFFICE: |
Diane Clairmont, Meeting Coordinator |
1. Victor Karpov (File 2711-69)
dba Jackson's Buy and Sell Pawnbroker, 175 West Hastings 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
Tab
1 Licenses and Inspections Department
2001 Business License dated January 5, 2001 - Secondhand Dealer
2001 Business License dated January 5, 2001 - Pawnbroker
2001 Business License dated January 5, 2001 - Currency Exchange
2001 Business License dated January 5, 2001 - Retail Dealer
2002 Business License dated January 14, 2002 - Secondhand Dealer
2002 Business License dated January 14, 2002 - Pawnbroker
2002 Business License dated January 14, 2002 - Retail Dealer
Council Decisions for July 23, 31, August 1 and 20, 2002
Letter to Eldar Asadullaev from Barb Windsor dated October 31, 2002
2003 Business License dated January 15, 2003 - Secondhand Dealer
2003 Business License dated January 15, 2003 - Pawnbroker
2003 Business License dated January 15, 2003 - Retail Dealer
2004 Business License dated March 1, 2004 - Secondhand Dealer
2004 Business License dated March 1, 2004 - Pawnbroker
2004 Business License dated March 1, 2004 - Retail Dealer
Letter to Roman Perejilo from Barb Windsor dated July 6, 2004
Handwritten notes dated July 7, 2004
Handwritten notes dated July 9, 2004
Letter to Eldar Asadullaev from Paul Teichroeb dated July 15, 2004
Application for Transfer dated August 5, 2004
Application for Business License dated August 5, 2004
Copy of Drivers License of Victor Karpov
Business Plan dated August 5, 2004
Handwritten notes dated August 31, 2004
Business Projection dated September 2, 2004
Handwritten notes dated September 3, 2004
Letter to Victor Karpov from Barb Windsor dated September 9, 2004
2 Police Department
Report #2004-144074 dated June 11, 2004
Report #2004-144076 dated June 11, 2004
Report #2004-154319 dated June 21, 2004
Handwritten notes #2004-154319
Report #2004-154322 dated June 21, 2004
Handwritten notes #2004-154322
Violation Details dated June 29, 2004
Catherine Kinahan, Counsel, was present on behalf of the City of Vancouver, and Mr. Victor Karpov, the License Applicant, was present and representing himself. Mr. Eldar Asadullaev, current holder of the Business License for the premises, was also present.
This matter was referred to City Council by the Chief License Inspector who had recommended the licenses not be issued 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 advised that the current licenses issued to Mr. Asadullaev are suspended due to violations of the Secondhand Dealers and Pawnbrokers By-law including failure to obtain proper identification from vendors of second hand merchandise and purchasing second-hand merchandise in contravention of an earlier Council resolution.
Ms. Kinahan referred the Panel to materials as set out before it in documents which were considered by the Chief License Inspector in referring the application for business license to Council, including police reports, handwritten notes, and letters from Deputy Chief License Inspector, which gave rise to the concerns of this hearing as follows:
· that the application is a sham or a subterfuge to circumvent an earlier resolution of Council; and
· that the applicant will not manage the business in accordance with applicable Municipal by-laws.
Ms. Kinahan also reviewed materials in the Evidence package relating to a third party, Roman Perejilo, who has identified himself as owner of the premises. Mrs. Kinahan outlined the relationship among Messrs. Asadullaev, Karpov and Perejilo.
In support of the allegations set out in the above-noted reports and evidence, Ms. Kinahan called the following witnesses:
1. Barbara Windsor
2. PC # 1966 Volpatti
3. PC Daniels
Mr. Karpov questioned staff regarding police reports that refer to "Victor" and what proof they had that it was him. He questioned Constable Volpatti regarding her transaction and how the ID was obtained, and Constable Daniels regarding her identification of himself as the clerk who purchased her merchandise, her manner towards him , his request for ID, and the reasons he gave her the money for the computer.
Mr. Karpov further stated he had not been advised adequately regarding the nature of the Business License Hearing, and that the allegations did not refer to him but Mr. Perejilo who looks very similar to him. He also stated that he considered the incidents involving the police officers as entrapment. Mr. Karpov made it clear that he had been involved in the transaction with Constable Daniels, but denied that any dealings had occurred between himself and Constable Volpatti.
Ms. Kinahan recalled Constable Volpatti who stated she did recognize Mr. Karpov as the same individual who purchased the merchandise from her. She reviewed the ID, ticketing and merchandise logging procedures with Mr. Karpov.
Mr. Asadullaev stated he is the current business license holder, that his investment in the premises amounts to approximately $200,000 and that he had attempted to transfer ownership to Mr. Perejilo, but due to Mr. Perejilo's current problems with the Police and the City, it was not possible. He indicated he was willing to transfer ownership to Mr. Karpov who he said would run the business well. He further stated that the individual who completed the transaction with the police officer was Mr. Perejilo, not Mr. Karpov.
In closing, Ms. Kinahan stated that the histories of Messrs. Asadullaev, Karpov and Perejilo are interconnected, that legal documents that Mr. Asadullaev claimed were in existence regarding the sale of the business to Mr. Perejilo have not been produced by any of the parties, and that Mr. Perejilo has not applied for a business license. Mr. Karpov has been working in the store for years and has no money. Counsel described the situation as a sham to circumvent the present license suspension and stated that there is evidence of breaches of relevant by-laws. Therefore, it is felt that Mr. Karpov will not manage the business in accordance with municipal by-laws.
PANEL MEMBERS DISCUSSION
Panel members were not all convinced that there was intentional deception occurring, but did agree that contraventions of by-laws did occur, that Mr. Karpov would not break with the past or his associates and, therefore, the problems with management of the business would continue.
MOVED by Councillor Louis
THAT the application for a 2004 Business License by Victor Karpov (the "License Applicant"), for business premises known as Jackson's Buy & Sell Pawnbroker, located at 175 West Hastings Street, Vancouver, British Columbia (the "Premises"), be refused because the history of the Applicant's previous involvement in the business indicates he is unlikely to manage the business in accordance with applicable Municipal by-laws.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 11:20 a.m.
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