These Minutes will be adopted at the Regular Council meeting on March 29,
2005.
|
CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES MARCH 15, 2005 |
A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, March 15, 2005, at 9:30 a.m., in the Council Chamber, Third Floor, City Hall, to determine whether or not a City of Vancouver business license for the year 2005 would be granted to Quang Dung Diep (the "License Applicant") doing business as Opal Grocery, for business premises located at 371 East Hastings Street, Vancouver, British Columbia.
PRESENT: |
Councillor Tim Louis, Chair
|
CITY CLERK'S OFFICE: |
Tina Hildebrandt, Meeting Coordinator
|
1. Quang Dung Diep dba Opal Grocery
371 East Hastings Street (File 2711-92)
The Business License Hearing Panel had before it for consideration an Evidence Brief, prepared by the City of Vancouver'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
Criminal Record Check for Duy Lam Nguyen dated January 7, 2004
Copy of Driver's Licence for Duy Lam Nguyen
Application for Transfer dated January 7, 2004
Business Plan dated January 7, 2004
Contract of Sale of Goods dated January 7, 2004 with attachments
Handwritten notes dated March 12, 2004
Letter to Duy Lam Nguyen from Barb Windsor dated March 31, 2004
Criminal Record Check for Quang Dung (Kevin) Diep dated May 3, 2004
Copy of Driver's Licence for Quang Dung Diep
Business Licence Application Form dated May 3, 2004
Business Plan dated May 3, 2004
Application for Transfer dated May 3, 2004
Operating Agreement dated June 3, 2004
Handwritten notes dated June 3, 2004
2004 Business Licence #04-534415 dated July 2, 2004
Handwritten notes dated January 24, 2005
Handwritten notes dated January 26, 2005
Letter to Quang Dung Diep from Paul Teichroeb dated February 4, 2005
Property Use Inspection Report #UI25642 dated February 4, 2005
Environmental Health Inspection Report #9 dated February 4, 2005
2 Police Department
Report #2003-318663 dated December 14, 2003
Report #2004-254880 dated September 30, 2004
Handwritten notes re: Report #2004-254880 dated October 4, 2004
Iain Dixon, Law Department, was present on behalf of the City of Vancouver. Quang Dung Diep was represented by Derek Campbell, Barrister and Solicitor, and was assisted by Mr. Van Aman, certified Vietnamese interpreter. Mr. Aman's presence at the hearing was arranged by the License Applicant.
Note from Meeting Coordinator: the City of Vancouver had scheduled an interpreter; however, it was deemed her presence was not necessary as the License Applicant had also scheduled an interpreter.
Mr. Dixon advised this matter had been referred to City Council by the Chief License Inspector pursuant to section 4(2a) of the License By-law of the City of Vancouver 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.
Mr. Dixon referred the panel to evidence before it as set out in documents which were 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 set out allegations that the License Applicant has failed to properly manage the Premises in the past by:
(a) carrying on business to the detriment of the safety and well being of the public;
(b) carrying on business to the detriment of other licensed businesses in the City of Vancouver; and
(c) dealing tobacco in contravention of the Tobacco Tax Act, R.S.B.C. 452, 1996.
In support of the allegations set out in the above-noted reports and evidence, Mr. Dixon called the following witnesses:
1. Barb Windsor
2. PC 1966 Eileen Volpatti
3. PC 2186 Christine Cho
4. Lynn Urekar
Mr. Campbell also asked questions of witnesses.
Mr. Campbell stated this case not only involves illegal activity, but a person's livelihood as well. Mr. Campbell stated that the operation "Project Raven" violated various sections of the Canadian Charter of Rights and Freedoms, and submitted examples of preceding case law.
Upon questions from the Panel, Mr. Campbell noted it is in his client's best interest if the evidence presented at the Hearing is excluded, and submitted that his client admits wrongdoing, but that there is a discrepancy between the conditions attached to the license and how they were explained to the License Applicant by the Deputy Chief License Inspector. Mr. Campbell requested the operating agreement dated June 3, 2005, be translated by the certified interpreter present to eliminate prospects for confusion.
Mr. Dixon advised the Deputy Chief License Inspector's interpretation of events had not been refuted, as the License Applicant himself, had not testified that he did not understand what had happened.
PANEL MEMBERS DISCUSSION
In discussion, the Panel noted there was a clear violation of business agreements as attached to the license, the arguments regarding Canadian Charter of Rights and Freedoms violations should be rejected as they are not applicable to the hearing and that it is appropriate to decline the license application.
MOVED by Councillor Louie
THAT the application for a 2005 Business License by Quang Dung Diep (the "License Applicant"), doing business as Opal Grocery, for business premises located at 371 East Hastings Street, Vancouver, British Columbia (the "Premises"), be refused because the License Applicant has failed to properly manage the Premises by:
(a) carrying on business to the detriment of the safety and well being of the public;
(b) carrying on business to the detriment of other licensed businesses in the City of Vancouver; and
(c) dealing tobacco in contravention of the Tobacco Tax Act, R.S.B.C. 452, 1996.
The Business License Hearing Panel adjourned at 11:55 a.m.
* * * * *
