CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

OCTOBER 19, 2004

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, October 19, 2004, in the Council Chamber, Third Floor, City Hall, commencing at 9:50 a.m., regarding the hearing of the appeal from the suspension by the Chief License Inspector of the 2004 City of Vancouver business license granted to James Hong Kwon Kimme doing business as Seoul Social Club (the "Licensee"), for business premises located at 622 East Broadway, Vancouver, British Columbia.

PRESENT:

Councillor Sam Sullivan, Chair

 

Councillor Raymond Louie

 

Councillor Tim Louis

   

CITY CLERK'S OFFICE:

Denise Salmon, Meeting Coordinator

1. James Hong Kwon Kimme
dba Seoul Social Club - 622 East Broadway (File 2711-71)

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:

Tab

1 Licenses and Inspections Department

2001 Business Licence #01-392070 dated February 19, 2001
2001 Business Licence #01-392074 dated February 19, 2001
2002 Business Licence #02-101367 dated April 5, 2002
2002 Business Licence #02-101368 dated April 5, 2002
2003 Business Licence #03-410895 dated December 9, 2002
2003 Business Licence #03-410896 dated December 9, 2002
2004 Business Licence #04-027947 dated December 19, 2003
2004 Business Licence #04-531791 dated April 28, 2004
Certificate of Incorporation dated January 4, 1999
Certificate of Change of Name dated October 7, 1999
Development Permit #DE 405464 dated January 12, 2001
Occupancy Permit #OC 413699 dated January 31, 2001
Letter to R. Erdman from Guy Gusdal dated April 19, 2001
Letter to Guy Gusdal from R.J. Erdman dated January 4, 2001
Police Report Form - Criminal Record Check dated January 31, 2001
Letter to James Kimme from Joanne Baxter dated January 30, 2002
Inspection Report #IR 367035 dated April 5, 2002
Letter to James Kimme from Joanne Baxter dated February 7, 2003
Co-ordinated Inspection Report (Property Use) #CU 10282 dated March 20, 2004
Co-ordinated Inspection Report (Property Use) #CU 10288 dated April 3, 2004
Co-ordinated Inspection Report (Property Use) #CU 10300 dated May 8, 2004
Inspection Report #IR 371683 dated June 1, 2004
Letter to James Kimme from B. Windsor dated June 1, 2004
Note from James Kimme dated June 4, 2004
Letter to James Kimme from B. Windsor dated June 8, 2004
Handwritten Notes dated June 16, 2004
Handwritten Notes dated June 16, 2004
Handwritten Notes dated June 16, 2004
Letter to Seoul Social Club from Paul Teichroeb dated July 6, 2004
Inspection Report #IR 371700 dated July 8, 2004
Letter to B. Windsor from Jonathan Baker dated July 12, 2004
Letter to Jonathan Baker from Paul Teichroeb dated July 12, 2004
Letter to B. Windsor from Jonathan Baker dated July 14, 2004

2 Liquor Control and Licensing Department

Liquor License #213941 dated November 15, 2001
LPC #012741 dated April 5, 2002
LPC #004543 dated April 29, 2003
Liquor Control and Licensing Branch Exhibit Receipt dated April 29, 2003
LPC #004671 dated August 6, 2003
LPC #000198 dated February 13, 2004
LPC #004725 dated February 13, 2004
LPC #000200 dated February 16, 2004
Liquor Control and Licensing Branch Exhibit Receipt dated February 16, 2004
LPC #004726 dated March 4, 2004
LPC #004722 dated March 4, 2004
LPC #004724 dated March 4, 2004
Liquor Control and Licensing Branch Exhibit Receipt dated March 4, 2004
LPC #004723 dated March 12, 2004
LPC #004727 dated March 12, 2004
LPC #004643 dated March 20, 2004
LPC #004645 dated April 3, 2004
Coordinated Enforcement Liquor Inspection Check Sheet dated April 3, 2004

LPC #004733 dated May 8, 2004
Letter to Guy Gusdal from Mark Tremblay dated May 11, 2004
LPC #004735 dated May 20, 2004
Letter to Barb Windsor from Mark Tremblay dated May 26, 2004

3 Police Department

Ben Parkin, City lawyer, was present on behalf of the City of Vancouver. Dr. James Hong Kwon Kimme, the Licensee, was present and represented by Mr. Jonathan Baker of Baker Corson & Baker.

Mr. Parkin noted this matter had been referred to City Council by the Chief License Inspector pursuant to section 8(1) of the License By-law and that proceedings were taking place pursuant to Section 277 of the Vancouver Charter, which provides that any person whose license has been suspended under this section may appeal to the Council in accordance with the procedure for that purpose prescribed by by-law, and upon such appeal the Council may confirm or set aside such suspension on such terms as it may think fit. 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 referred the Panel to evidence before it as set out in reports from the Chief License Inspector and Deputy Chief License Inspector; reports of Property Use and Liquor Inspectors; police reports; and the testimony of the Deputy Chief License Inspector, Liquor Inspectors, and the License Co-ordinator. Mr. Parkin also referred the Panel to an additional Inspection Sheet from the Liquor Control and Licensing Department dated April 3, 2004, (circulated at the meeting and on file in City Clerk's Office), as an incomplete document had originally been included in the Evidence Package. Mr. Parkin noted the foregoing evidence sets out the allegations that the Licensee has failed to properly manage the Premises by:

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

Mr. Baker also directed questions to the witnesses.

Mr. Baker called Dr. Kimme as a witness. Mr. Kimme provided the Panel with an overview of his background and explained he felt it his obligation to help Koreans through the establishment of the social club. In response to questions from Mr. Baker, Dr. Kimme presented as evidence, a copy of the members registry, and confirmed he had no son, contrary to information submitted in the Evidence Brief. Dr. Kimme advised deadbolts had been installed on the club's doors to prevent stealing of items, and further noted patrons admitted when inebriated were permitted to remain in the club until sober.

Mr. Parkin submitted that the evidence presented at this Hearing accords with the allegations as set out in the evidence briefs, and set out the legal test for the Panel to apply in determining whether or not the suspension by the Chief License Inspector of the City of Vancouver business license for the year 2004 issued to the licensee, Dr. James Hong Kwon Kimme, doing business at Seoul Social Club, 622 East Broadway, Vancouver, British Columbia, should be upheld or overturned, or whether the business license issued to the licensee should be revoked.

Mr. Baker questioned what Dr. Kimme had done wrong, as nowhere in the evidence package are regulations stated, but rather opinions of regulations breached, and also asked if the smell of smoke was considered gross misbehaviour. Mr. Baker cited no evidence of neighbourhood complaints, and further noted no attempt by staff to confirm with Mr. Kimme that he had a son, in relation to the allegation his son had offered a bribe to the Liquor Inspector. Mr. Baker further noted Dr. Kimme is a professor and anesthesiologist, not a businessman, and not fully aware of some regulations.

Mr. Baker suggested clear regulations be provided to Dr. Kimme on what is required to bring his club into compliance, including details on how liquor can be served. Mr. Baker further suggested a three-month suspension is extreme, and if the Panel was inclined to move a suspension, one week would be more appropriate. Mr. Baker concluded by stating the club serves a valuable purpose, and is subsidized by Dr. Kimme, who is trying to make a contribution to his community.

PANEL MEMBERS DISCUSSION

Panel members noted:

Clarification was sought on the manner in which the violations were communicated to the Licensee, and the range of penalties the Panel may consider. The Deputy Chief License Inspector noted she had met with the Licensee and further noted on hearing the appeal, the Panel may uphold the License suspension, overturn the License suspension, issue a lengthier License suspension, attach conditions to the License or revoke the License.

MOVED by Councillor Louie

The Business License Hearing Panel adjourned at 12:57 p.m.

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