CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

JUNE 20, 2000

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, June 20, 2000, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to hear an Appeal from the suspension by the Chief License Inspector, pursuant to Section 277 of the Vancouver Charter, of the 2000 Business License issued to Planet Detail Inc., doing business as Planet Detail, 1248 Seymour Street, Vancouver, British Columbia.

1. Planet Detail                                                              File: 2711-32

1248 Seymour 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:

Tab

Notice of Hearing

1. Permits and Licenses Department

Development Permit No. 73277, dated April 21, 1976 (2 pages)
2000 Business License of Planet Detail Inc., dated April 13, 2000
Company Search of Planet Detail Inc., dated April 13, 2000
Property Use Inspection Report, dated April 11, 2000
Letter from P. Teichroeb, Chief License Inspector, to Anthony Lee, dba Planet Detail

Inc., dated April 13, 2000

Handwritten notes of meeting of April 17, 2000 (4 pages)
Environmental Inspection Report, dated April 20, 2000

Clause No. 1 (cont’d)

Letter from P. Teichroeb, Chief License Inspector, to Anthony Lee, dba Planet Detail

Inc., dated April 28, 2000

Letter from Anthony Lee, President, Planet Detail Inc., to P. Teichroeb, Chief License

Inspector, dated May 2, 2000

Letter from Doug Roberts, Manager, Environmental Protection Branch, City of

Vancouver, to Planet Detail Inc., dated May 2, 2000, with attached diagrams

Property Use Inspection Report, dated May 3, 2000
Letter from P. Teichroeb, Chief License Inspector, to Anthony Lee, dba Planet Detail

Inc., dated May 11, 2000

Property Use Inspection Report, dated May 12, 2000

2. Police Reports

Police Report, Case No. 00-61757, dated March 20, 2000 (with attachments)
CAD printout, dated March 24, 2000
Police Report, Case No. 00-66015, dated March 25, 2000
Police Report, Case No. 00-68748, dated March 29, 2000
Police Report, Case No. 00-76048, dated April 7, 2000

3. Covenant House Records

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Mr. Lee, Applicant, represented himself.

Ms. Kinahan noted 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 Councillors. Ms. Kinahan referred the Panel to evidence before it as set out in police reports, reports of Property Use Inspectors, documentation which was considered by the Chief License Inspector in suspending the Business License, and the evidence of witnesses, which sets out the allegations that the applicant has failed to properly manage the business by:

(a) operating the premises as an after-hours club, in contravention of the License By-law and the Zoning and Development By-law of the City of Vancouver;

(b) selling, permitting the sale of or failing to prevent the sale of liquor on the premises without a liquor license, in contravention of the Liquor Control and Licensing Act of British Columbia;
Clause No. 1 (cont’d)

(c) discharging waste water into the storm sewer system, in contravention of Waste Water, Storm Water and Water Course By-law #8093 of the City of Vancouver;

to the detriment of the safety and well-being of the public.

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

… Sean White, Covenant House
… Randall Nakata, Covenant House
… Barb Windsor
… PC 1872 Dawn Nybo
… Ron Lee, Property Use Inspector
… PC 1767 Louise Neil
… PC 1950 George Wong
… PC 1321 Malcolm Newlands
… Hank Uyeyama, Environmental Protection Officer

Mr Lee, on behalf of himself, submitted that while he legitimately operates a car wash and auto detailing shop by day, he has difficulty controlling activity on the premises after business hours. Mr. Lee noted that although police make appearances they do not make arrests, adding to the lack of control. With regard to discharging waste water into the storm sewer system, Mr. Lee agreed to provide the Environmental Protection Branch with a diagram outlining his plans to rectify the situation.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in police reports, reports of Property Use Inspectors, documentation which was considered by the Chief License Inspector in suspending the Business License, and the evidence of witnesses, and the letter to the Applicant dated May 26, 2000, and set out the legal test for Council to apply in determining whether to uphold a suspension by the Chief License Inspector of the 2000 Business License issued to Planet Detail Inc., doing business as Planet Detail, 1248 Seymour Street, Vancouver, B.C.

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members noted the applicant's demonstrated history of allegations as set out above, the negative impact the business has created in the neighbourhood, and the applicant’s failure to control or properly operate his business.

Clause No. 1 (cont’d)

MOVED by Cllr. Sullivan,

A. THAT a two week suspension by the Chief License Inspector, pursuant to Section 277 of the Vancouver Charter, of the 2000 Business License issued to Planet Detail Inc., doing business as Planet Detail, 1248 Seymour Street, Vancouver, British Columbia be affirmed and upheld because the Applicant has failed to properly manage the premises by:

1. operating the premises as an after-hours club, in contravention of the License By-law and the Zoning and Development By-law of the City of Vancouver;

2. selling, permitting the sale of or failing to prevent the sale of liquor on the premises without a liquor license, in contravention of the Liquor Control and Licensing Act of British Columbia;

3. discharging waste water into the storm sewer system, in contravention of Waste Water, Storm Water and Water Course By-law #8093 of the City of Vancouver;

4. failing to manage the business properly, imposing significant negative impacts on neighbours, and failing to cooperate with civic authorities and police;

to the detriment of the safety and well-being of the public.

B. THAT the applicant provide a diagram to the Environmental Protection Branch, to address the issue of waste water, by Wednesday, June 28, 2000; and that the business remain closed until the issue of waste water is dealt with to the satisfaction of the Environmental Protection Branch.

- CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 11:00 a.m.

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