CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

MAY 10, 2005

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, May 10, 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 will be granted to Hang Thi Le Tran also known as (aka) Le Hang Thi Tran aka Hang Thi Tran aka Hang Tran aka Le Hang Hang Tran aka Sang La Tran (the “License Applicant”), doing business as TH Plant Flower Grocery, for business premises located at 1133 Kingsway, Vancouver, British Columbia (the "Premises").

PRESENT:

Councillor Peter Ladner, Chair
Councillor David Cadman
Councillor Raymond Louie
 

CITY CLERK’S OFFICE:

Pat Boomhower, Meeting Coordinator

1. Hang Thi Le Tran dba TH Plant Flower Grocery
1133 Kingsway, Vancouver BC (File 2711-94)

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:

Notice of Hearing

Chronology

Tab
1     Licenses and Inspections Department – 1400 Victoria

Title Search dated July 30, 1997
BC Assessment
Letter to Tenants of 1908 Kitchener from Hung Duc Nguyen dated May 27, 1998
Continuing Power of Attorney
Fax to Cathy Kinahan from Susan Smith and screen printout
Application for Transfer dated November 13, 1998
1999 Business License #99-305540 dated March 26, 1999 (Hung Thai)
Letter to Hung Kim Thai from Barb Windsor dated November 8, 1999
Memo to Barb Windsor from Jill Fedirchuck dated November 8, 1999
Phone Conversation Record dated November 10, 1999
Application for Transfer dated November 12, 1999
License Receipt #299454 dated November 12, 1999
Surrender of Sub-lease dated November 12, 1999
Consent to Sub-lease dated November 12, 1999

1     Licenses and Inspections Department – 1400 Victoria, continued

Handwritten notes dated November 16, 1999
Letter to Phuong Nguyen from Paul Teichroeb dated November 18, 1999
Inspection Report #IR 361925 dated November 19, 1999
Handwritten notes dated November 23, 1999
Contract of Sale of Goods dated December 21, 1999
Fax to Cathy Kinahan from Susan Smith and screen printout
Commercial Lease dated December 21, 1999
Application for Registration as a Vendor dated December 30, 1999
Copy of cheques dated January 1, 2000 & GST #
Projected Income and Expenses and Employment
Letter to Phuong Thi Nguyen from J.A. Firbank dated January 6, 2000
Property Use Inspection Report #UI 10321 dated January 19, 2000
Letter of Intent dated January 25, 2000
Handwritten notes dated January 25, 2000
2000 Business License #00-355233 dated January 25, 2000 (Phuong Nguyen)
Letter to Hung D. Nguyen from Paul Teichroeb dated January 26, 2000
E-mail to Jill Fedirchuk from Barb Windsor dated March 4, 2000
Letter to Philip Owen from Mary McGillis and attachment dated March 16, 2000
E-mail to Barb Windsor from Jill Fedirchuk dated March 27, 2000
Letter to Mary McGillis from Philip Owen dated April 4, 2000
E-mail to Barb Windsor from Jill Fedirchuk dated April 25, 2000
Contract of Sale of Goods dated May 26, 2000
Vendor’s Statement of Adjustments dated May 26, 2000
Revenue Canada Form dated May 26, 2000
Copy of Cheque & Printout of Insufficient Funds dated July 7, 2000
2000 Business License #00-377114 dated July 10, 2000 (Hang Tran)
Letter to Phuong Thi Nguyen from Barb Windsor dated July 21, 2000
Handwritten notes dated July 24, 2000
Letter to Hang Thi Tran from Paul Teichroeb dated July 24, 2000
Handwritten notes dated July 25, 2000
Handwritten notes dated July 26, 2000
Letter to Paul Teichroeb from Thomas Fung dated July 28, 2000
Letter to Paul Teichroeb from Hang Thi Tran dated July 28, 2000
E-mail to Barb Windsor from Gary Sparks dated August 14, 2000 10:06 AM
E-mail to Barb Windsor from Gary Sparks dated August 14, 2000 3:25 PM
Letter to Thomas Fung from Barb Windsor dated August 21, 2000

2     Police Department – 1400 Victoria

3     Licenses and Inspections Department - 1133 Kingsway

4     Business License – Tuan Quang Tran

1997 Business License #97-015091 dated March 3,1997 (Tuan Tran)
1998 Business License #98-207076 dated February 2, 1998 (Tuan Tran)
2001 Business License #01-417012 dated October 9, 2001 (Tuan Tran)
2002 Business License #02-120412 dated June 3, 2002 (Tuan Tran)
2003 Business License #03-366149 dated January 8, 2003 (Tuan Tran)
Letter to Quang (Tony) Tran from Carlene Robbins dated February 15, 2005
Handwritten notes dated February 22, 2005
Minutes of Meeting dated February 22, 2005
2004 Business License #04-010815 dated February 23, 2004 (Tuan Tran)
E-mail to Sandy Esworthy, et al from Carlene Robbins dated March 11, 2005
2005 Business License #05-182124 dated March 11, 2005 (Tuan Tran Quang)

Catherine Kinahan, Law Department, was present on behalf of the City of Vancouver. Ms. Hang Thi Le Tran, License Applicant, was represented by Thomas Fung, Barrister and Solicitor, and was aided by Diem Ly Nguyen Van, certified Vietnamese interpreter.

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. Ms. Kinahan advised the Panel of their authority in these proceedings. 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.

Ms. Kinahan referred the Panel to evidence before it as set out in police reports, documentation, and letters from the Deputy Chief License Inspector which were considered by the Chief License Inspector in referring the business license application to Council, and the evidence of witnesses which set out allegations that the License Applicant has failed to properly manage licensed businesses in the past by:

Ms. Kinahan also referred the Panel to the following additional documents which were distributed at the Hearing on May 10, 2005 (on file in City Clerk’s Office).

In support of the allegations set out in the above-noted reports and evidence, Ms. Kinahan called the following witnesses:

Mr. Fung also directed questions to a number of the witnesses.

Mr. Fung called Hang Thi Le Tran as a witness. Ms. Tran testified that she made the application for a business license last Fall and estimated the amount she has invested to date on rent and improvements to the premises at 1133 Kingsway and noted there are no accommodations to live there. She further testified that she was a friend of Tuan Tran (aka Tony Tran) helping him occasionally, and he with her English. Ms. Tran said she had used the 1400 Victoria Drive store address as a mailing address only and had resided on Main Street at 8th Avenue. She stated Tony Tran had used her Burnaby store’s address for mail and she lent him money to pay City Hall. She sold her business on 6th Street in Burnaby. The business at 1133 Kingsway is to provide income to her to live.

Regarding the store at 1400 Victoria Drive, Ms. Tran testified that there was no assault by Tuan Tran. She testified that she didn’t reside there but was cleaning the store after store hours when police arrived, and that she was never boyfriend/girlfriend with Mr. Tran. She said she sold the business to Tuan Tran in 1996 and she had a coffee shop nearby at 1904 Grant Street. Ms. Tran explained why Tuan Tran was around the store after she took it over again, in spite of the request of the Deputy Chief Licence Inspector that he have nothing to do with the business operation. She further testified she didn’t know of illegal tobacco in the store, or marijuana, and she was not operating 1400 Victoria Drive in 1999 during the period of the thrown beer incident. Her driver license and van license had 1400 Victoria Drive as the address. Ms. Tran acknowledged she knows it’s illegal to live in the store. She also provided details about the incident involving the tobacco inspector.

Ms. Tran said that fleamarket items were her old things and that sometimes she would buy items at the front of the fleamarket to sell. She said she now resides on Willingdon and the cross street is Maywood.

Ms. Kinahan submitted that today was the first time Ms. Tran has said she didn’t work at 1400 Victoria Drive and didn’t live at the store, although she had met on numerous occasions in the past with the Deputy Chief Licence Inspector to discuss the problems at the store. Ms. Kinahan further noted conflicting details given by the License Applicant regarding the assault charges and residential addresses. Ms. Kinahan submitted that the inconsistencies in Ms. Tran’s evidence suggested deliberate deceit rather than ignorance. Ms. Kinahan further submitted that the evidence established the significant involvement of the License Applicant in running the business at 1400 Victoria Drive and referred the Panel to the Deputy Chief License Inspector’s comments regarding the amount of City and police time that has been expended in dealing with businesses operated by the License Applicant. Ms. Kinahan advised Panel members that whatever they decide, they must give reasons for their decision.

Mr. Fung submitted that stores such as the one at 1400 Victoria Drive require long hours for staff and would need a place for them to get a meal during quiet times between customers. He further noted there are many reasons why a person may not give information, such as language barriers. He submitted the main issue is the worthiness of the applicant and whether she could properly run the business; not her personal relationship with Tony Tran. He further submitted the incidents were 5-6 years back, and the mere fact that Ms. Tran happened to be present and that doesn’t make it illegal. She has a friendship with Tony Tran and has tried to assist him.

Mr. Fung noted there was no evidence of stolen property nor was Ms. Tran charged with an offence regarding items sold at 1400 Victoria Drive. He also stated there was no evidence she had a controlling hand at 1400 Victoria Drive which she used as mailing address. He further noted that the person which caused the City concern 5-6 years ago, is not part of the business on Kingsway. Mr. Fung said a license should be granted and noted it would be unfair to deny Ms. Tran who ran a successful business in Burnaby for years and invested in many improvements to the premises at 1133 Kingsway.

PANEL MEMBERS DISCUSSION

Prior to a decision on this matter, Panel members clarified what the requirements were under the Motor Vehicle Act with respect to driver license ID and addresses in Vancouver and Burnaby used by the License Applicant which were business locations not licensed for residential accommodation. The Panel also questioned the credibility of the testimony of the Applicant.

MOVED by Councillor Cadman

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 12:28 p.m.

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