November 7, 2016 - Minutes (Special)

Place:

Anderson Room
Richmond City Hall

Present:

Mayor Malcolm D. Brodie
Councillor Chak Au
Councillor Derek Dang
Councillor Carol Day
Councillor Ken Johnston
Councillor Alexa Loo
Councillor Bill McNulty
Councillor Harold Steves

Corporate Officer – David Weber

Absent:

Councillor Linda McPhail

Call to Order:

Mayor Brodie called the meeting to order at 4:01 p.m.

RES NO.

ITEM

FINANCE AND CORPORATE SERVICES DIVISION

Carli Edwards, Manager, Customer Services and Licencing, offered comments relating to all three business licence suspensions, stating that over the past six months, staff have been dealing with complaints related to therapeutic touch clinics staying open past permitted hours of operation. Ms. Edwards further stated that a summary of staffs’ actions is attached to each of the staff reports relating to the corresponding business licence suspensions and that two of the three business owners wished to address Council.

Councillor Johnston inquired about the varying lengths of suspensions being recommended, as the cases appear similar.

In response, Ms. Edwards stated that some of the businesses had incurred more warnings and that one of the businesses, King Feet Massage, was observed having a large number of staff operating after hours and also offered inspectors an appointment after hours and that the suspensions were based on the circumstances.

Councillor McNulty questioned whether past cases of business licence suspensions had been reviewed as the staff recommended suspensions appeared to be forgiving.

Ms. Edwards commented that past suspensions often involved criminal matters and police involvement and the allegations involving the three businesses in question have had no criminal involvement to date. Ms. Edwards further stated that since the inspections, all three businesses have appeared to be in compliance with operating hours and the proposed suspensions would be appropriate.

In response to a query from Councillor Day, Ms. Edwards advised that the suspension days were based on the days of the week with the most issues relating to operating after permitted hours.

1.

Business licence suspension – lucky feet reflexology centre

(File Ref. No.: 12-8275-20-2016739937 ) (REDMS No. 5184526 v. 3, 4972855, 5172347)

A representative for Lucky Feet Reflexology Centre was in attendance but declined to speak.

SP16/7-1

It was moved and seconded

That the business licence of 1015616 BC Ltd., doing business as Lucky Feet Reflexology Centre, operating from premises located at 3086 St Edwards Drive Unit 103, Richmond BC, be suspended for a period of 3 consecutive days from November 17^th, 2016 to November 19^th, 2016, inclusive.

CARRIED

2.

Business Licence Suspension – Macro health centre

(File Ref. No.: 12-8275-20-2016736287) (REDMS No. 5184522, 4972890, 5166717)

Lin Guo, a representative for Macro Health Centre and whose husband is an owner, stated that the business had operated past permitted hours and assured Council that the business was now following policy and regulations and would not violate operating hours in the future. Ms. Guo further commented that the business occasionally would make an appointment prior to close of business but a customer would arrive late and insist on receiving full services, causing staff to operate late. Ms. Guo also stated that as they are a new business, they did not want to turn away customers who did arrive late. She asked Council to consider a business licence suspension for a period of three days instead of the proposed seven.

SP16/7-2

It was moved and seconded

That the business licence of Jin Ming Che, Zhi Hong Chen and Xiao Ji Lui, doing business as Marco Health Centre, operating from premises located at 4400 Hazelbridge Way Unit 100, Richmond BC, be suspended for a period of 7 consecutive days from November 14^th, 2016 to November 20^th, 2016, inclusive.

CARRIED

3.

business licence suspension – king feet massage

(File Ref. No.: 12-8275-20-2016746648 ) (REDMS No. 5184523, 4973036, 5164444)

In response to a question from Mayor Brodie, Carli Edwards commented that King Feet Massage had been observed by inspectors operating after hours once and that staff had received a receipt from someone who made a complaint indicating that the business had been operating after hours. Ms. Edwards further clarified that staff believe that the complaint came from another similar business that has been in compliance with operating hours but that complaints are common from other businesses and residents in the area.

M. Wang, legal representative for Euginia Chan, owner of King Feet Massage, read a summary from a prepared written submission to Council (attached to and forming part of these minutes as Schedule 1) and offered the following comments:

§   

her client purchased the business in 2011 and currently employs seven therapists who are independent contractors, including one day shift manager and one night manager, who are supervised by Ms. Chan;

§   

King Feet Massage is proposing that the recommended suspension be varied to five days from December 23, 2016 to December 28, 2016 inclusive, or that the proposed ten day suspension take place from December 23, 2016 to January 1, 2017, as set out in page two and three of the written submission;

§   

Ms. Chan has taken various steps to assure that King Feet Massage adheres to the allowable hours of operation since the City’s inspection, including moving staff management hours, personally supervising staff, and ensuring appointments do not extended past 9:15 p.m.;

§   

as stated on page three of the written submission, closing for a ten day period over the recommended dates would lead to a 30% loss of revenue as well as a loss in income for staff as they work as contractors, closing during a quieter business period in December would cause less financial damage to the employees and business; and

§   

King Feet Massage intends to apply for a different business licence as a body-rub studio, as described in Part Seven of Bylaw No. 7538, which would allow King Feet Massage to stay open until midnight each day.

In response to a question from Council, Ms. Chan stated that the business is not normally closed during the Christmas and New Year’s holidays.

Ms. Wang, in response to a query from Mayor Brodie, stated that King Feet Massage did not ignore the regulation, but indicated that when the business was sold from the previous owner, the proper way of conducting the business was not clearly communicated to her client due to language barriers and that misinformation about King Feet Massage’s operating hours caused customers to book late appointments. Ms. Wang further commented that the circumstances of the violation were not caused by King Feet Massage intentionally.

Ms. Wang offered further clarification that a typical massage is 30 minutes to one hour in length and appointments would end by 9:15 p.m. to allow sufficient time for staff to close the business and that Ms. Chan would be there to supervise the night manager at closing.

SP16/7-3

It was moved and seconded

That the business licence of A & K Health Enterprises Ltd., doing business as King Feet Massage, operating from premises located at 4940 No. 3 Road Unit 132, Richmond BC, be suspended for a period of 10 consecutive days from November 14^th, 2016 to November 23^rd, 2016, inclusive.

CARRIED

The meeting was recessed at 4:21 p.m.

The meeting reconvened at 5:50 p.m. following the Open General Purposes Committee meeting and the Open Finance Committee with all members of Council present except for Councillor Dang and Councillor McPhail.

GENERAL PURPOSES COMMITTEE

4.

Municipal and Regional District Tax Imposition Bylaw No. 9631 and Metro Vancouver Letter of Support

(File No.: 12-8060-20-009631) (REDMS No. 5183432, 5154740, 5184827)

SP16/7-4

It was moved and seconded

(1)

That the Municipal and Regional District Tax (MRDT) Imposition Bylaw No. 9631 be introduced and given first, second and third readings; and

(2)

That staff be directed to seek the support of Metro Vancouver for the City’s intention to renew the MRDT at the rate of 3% on the price of accommodation in Richmond, starting July 1, 2017 and effective for five years.

CARRIED

ADJOURNMENT

SP16/7-5

It was moved and seconded

That the meeting adjourn (5:51 p.m.).

CARRIED

Certified a true and correct copy of the Minutes of the Special meeting of the Council of the City of Richmond held on Monday, November 7, 2016.

_________________________________

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Mayor (Malcolm D. Brodie)

Corporate Officer (David Weber)