|
|
CITY OF VANCOUVER
SPECIAL COUNCIL MEETING MINUTES
JULY 21, AND 27, 1998 A Special Meeting of the Council of the City of Vancouver was held on Tuesday, July 21, 1998, in the Council Chamber, Third Floor, City Hall, commencing at 10:00 a.m., for the purpose of determining whether or not three 1998 Business Licenses ought to be granted to the Applicants, Danh Nguyen and Van Nguyen, carrying on business as Van's Electronics Discount Centre, 2244 East Hastings Street, Vancouver, British Columbia. Subsequently the meeting was recessed, and reconvened in the Council Chamber, at 1:00 p.m. on Monday, July 27, 1998, with the same Members of Council present, with the exception of Councillor Sullivan. The Minutes have been consolidated for ease of reference.
Judy Rogers, Deputy City Manager
Denise Salmon (July 21, 1998)
Nancy Largent (July 27, 1998)
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Herbert,
THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair.
- CARRIED UNANIMOUSLY 1. Van's Electronics Discount Centre File: 2711-1
Vancouver City Council had before it for consideration excerpts from the City's License By-law, Secondhand Dealers and Pawnbrokers By-law, and Pawnbrokers Act, in addition to the following material (on file in the City Clerk's Office):
Tab Licensing Information
1.Business Licenses, Application and Correspondence
2.Inspection Report - Guy Gusdal, License Coordinator, Permits & Licenses Department
Police Reports
3.Incident #P98-047685, January 22, 1998
4.Incident #P96-80199, March 28, 1996
5.Secondhand Dealer By-law Violation Reports
Copies of Secondhand Dealer Registry Ledger Sheets (September 2, 1997 to January 15, 1998)
6-7.Ledger sheets (September 2, 1997 to January 15, 1998)
7.Sample of sheet with incorrect information recorded (1st page of Tab 7)
The fourth and fifth entries were recorded incorrectly (i.e. In each case a second item was purchased, per the corresponding ticket, but not recorded on the ledger).
Clause 1 Cont'd
Copies of Van’s Electronics Discount Centre ‘Buy Back Tickets’ (September 2, 1997 to January 15, 1998)
8.Buy Back Tickets
9.Sample of Multiple Entry Ticket (refer to the two pages following the tab). The tickets on these pages have been numbered from 1 to 8 (handwritten circled number):
Ticket #Comments
1Recorded incorrectly - binoculars were not recorded on ledger sheets (example of multiple entry ticket, both purchases would require an entry on sheets)
2Ticket not recorded.
3Ticket not recorded.
4Ticket recorded properly.
5Ticket not recorded.
6Ticket recorded properly.
7Recorded incorrectly - RCA TV Convertor was not recorded on ledger sheets.
8Ticket not recorded.
10. Anti-Fencing Squad Entries
Re: Stolen Property found at Van's Electronics
1995 and 1996 -- 1470 Commercial Drive
1997 and 1998 -- 2244 East Hastings Street
11. Prosecutor's File re: Van Hai Nguyen
Fencing under S.3(1) of Bylaw 2807
Date of Offence: March 28, 1996
Mr. John Nelson, Corporation Counsel, was present on behalf of the City. Mr. Thomas Woolley, Dosanjh & Co., represented the applicants, Danh Nguyen and Van Nguyen.
Clause 1 Cont'd
Mr. Nelson advised the 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. Council's attention was then directed to a memorandum from the City's Director of Legal Services dated June 14, 1998, to Messrs. Nguyen, which set out the following allegations that the Applicants have failed to properly manage the premises by:
(a)Operating as a pawnbroker without the appropriate business license in contravention of the City of Vancouver License By-law No. 4450.
(b)Failing to record purchases in contravention of the Secondhand Dealers and Pawnbrokers By-law No. 2807 Section 3 (1).
In support of these allegations, Mr. Nelson called the following witnesses:
·Paul Teichroeb, Chief Licence Inspector, Licence and Property Use Division
·Constable 1138 Val Woollacott
·Constable 1103 Paul Ellis
·Guy Gusdal, License Coordinator, License and Property Use Division
Constable 1336 Martha Parnell (Formerly Constable Thompson) was called as a witness but did not testify. Mr. Woolley stipulated that on March 28, 1996, Van Nguyen pled guilty to a charge under S.3(1) of By-law 2807.
Mr. Woolley also directed questions to each of the witnesses and called the following witnesses, who were also questioned by Mr. Nelson:
·80·Van Hai Nguyen ·80
·80·Binh Thai Nguyen·80
Submitted for Council's consideration by Mr. Woolley was a petition which noted Vancouver City Police Officers had recently made the decision not to allow Van's Electronics Discount Centre to offer its customers a 30 day buy back option plan. The petition, signed by ninety-four persons, requested continuation of this service. Photographs showing the shop's interior were also submitted.
The applicant, Mr. Van Hai Nguyen, submitted that he discontinued his business' "buy-back" plan when advised by the Police that the plan constituted pawnbroking, for which he is not licensed. Mr. Nguyen further submitted that although his employees may have kept insufficiently accurate records, they believed their reports met the intent of the By-law.
Clause 1 Cont'd
Mr. Nelson submitted that the evidence presented at this Hearing accords with the allegations (a) and (b) above and set out the legal test for Council to apply in determining whether or not a 1998 business license ought to be granted to the Applicants, Danh Nguyen
and Van Nguyen, carrying on business as Van's Electronics Discount Centre. Mr. Nelson also recommended that the City Building Inspector refer any future application by Danh
Nguyen, Van Hai Nguyen (also known as Van Nguyen), Binh Thai Nguyen (also known as Binh Nguyen), and Nhieu Thi Vo for Pawnbroker, Retail - New, Secondhand Dealer or Repair Shop Business Licenses to City Council.
Mr. Woolley submitted that the applicants did not willfully participate in any illegal activity. Mr. Woolley further submitted that the applicants were willing to abandon their application for a Secondhand Dealer's License, but wished to retain the right to carry on retail business in Vancouver.
Council Discussion
Prior to a decision on this matter, Council members noted the demonstrated history of the allegations set out above. Council also noted the necessity of accurate reporting of goods received by second-hand shops to assist the Police to more effectively perform their duties with respect to stolen goods.
MOVED by Cllr. Bellamy,
A. THAT three 1998 Business Licenses not be granted to the Applicants, Danh Nguyen and Van Nguyen, carrying on business as Van's Electronics Discount Centre, 2244 East Hastings Street, due to the following substantiated allegations that the Applicants have failed to properly manage the premises by:
(a)Operating as a pawnbroker without the appropriate business license in contravention of the City of Vancouver License By-law No. 4450;
(b)Failing to record purchases in contravention of the Secondhand Dealers and Pawnbrokers By-law No. 2807 Section 3 (1).
B.THAT the Chief License Inspector direct any application by Danh Nguyen, Van Hai Nguyen (also known as Van Nguyen), Binh Thai Nguyen (also known as Binh Nguyen), and Nhieu Thi Vo for Pawnbroker, Retail - New, Secondhand Dealer or Repair Shop Business Licenses to City Council.
Clause 1 Cont'd
C.THAT the member municipalities of the Greater Vancouver Regional District be so notified.
-CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Kennedy,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY The Special Council adjourned at 3:25 p.m.
* * * * *
![[City Homepage]](/graphics/footnava.gif)
|
![[Get In Touch]](/graphics/footnavb.gif)
|
|
|
|
(c) 1998 City of Vancouver