Windsor Licensing Commission [35] November 16, ITEM NO. 7(c) WINDSOR LICENSING COMMISSION November 16, 2011
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1 Windsor Licensing Commission [35] November 16, 2011 ITEM NO. 7(c) WINDSOR LICENSING COMMISSION November 16, 2011 APPLICANT/LICENSEE: Michael Serdan 2747 Rivard Windsor, ON N8T 2H6 LICENCE CATEGORY: Taxicab Driver Licence File # ACLC HEARING PARTICULARS: Approve with Conditions APPENDED MATERIALS Copy of application, being Appendix A. Copy of Windsor Licensing Commission report from July 20, 2010, being Appendix B. Copy of Windsor Licensing Commission decision from July 20, 2010, being Appendix C. Copy of communication regarding Mr. Serdan s behavior during recent taxi course, being Appendix D. LICENCE COMMISSIONER S COMMENTS AMANDA Database of licence records indicate Mr. Serdan was licensed as a taxi driver from at least 1998 until REGULATORY AUTHORITY Bylaw Public Vehicle Licensing GENERAL PROVISIONS: PART V LICENCE 27. Every licence issued or renewed is subject to the following conditions for obtaining, holding and renewing a licence: (d) the conduct of the licensee or applicant shall afford reasonable cause to believe that the applicant or licensee will carry on or engage in business in accordance with the law or with honesty and integrity;
2 Windsor Licensing Commission [36] November 16, 2011 PART VI- POWERS AND DUTIES OF THE LICENCE COMMISSIONER 40. Where there is a referral to the Licensing Commission pursuant to this section, the Licensing Commission shall hold a hearing for the purpose of: (a) issuing or renewing the licence; (b) refusing to issue or renew the licence; (c) suspending the licence; (d) revoking the licence; or, (e) issuing or renewing the licence with the imposition of conditions. BACKGROUND July 20, Mr. Serdan was suspended for 6 months by the Windsor Licensing Commission. He failed to comply with the Windsor Licensing Commission instruction to take the taxi course by January 20, As a result his licence was revoked. Mr. Serdan completed and passed the taxi course September 23, October 21, 2011, Mr. Serdan made application for a taxi driver licence to City of Windsor, Licensing Division. SUMMARY Administration does have concerns with Mr. Serdan returning to the taxi industry. However, Mr. Serdan did serve his suspension in 2010, has attended the taxi course, attained a passing grade on the exam and has completed the application for his licence. He has not produced a valid class G Ontario Driver s Licence and has yet to pay the licence fee associated with the application Based on his history of non-compliance and his interactions with Compliance and Enforcement, we suggest it would be prudent to place conditions on this licence that may be issued to Mr. Serdan.
3 Windsor Licensing Commission [37] November 16, 2011 RECOMMENDATION: That the application for a taxi driver licence, by Mr. Michael Serdan, BE APPROVED with the following CONDITIONS: 1. Must produce a valid class G Ontario driver s licence. 2. Must pay the applicable licence fee. 3. Any future bylaw violations will result in immediate suspension pending the next regularly scheduled Windsor Licensing Commission. DISPOSITION:
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15 Windsor Licensing Commission [49] November 16, 2011 ITEM NO. 7(d) WINDSOR LICENSING COMMISSION November 16, 2011 APPLICANT/LICENSEE: Lily s 5337 Tecumseh Rd. East Windsor, ON N8T 3A5 LICENCE CATEGORY: Hospitality Food Service Licence Folder # ACLT HEARING PARTICULARS: Approve with conditions Hospitality Food Service APPENDED MATERIALS Copy of application, being Appendix A. Copy of letter request sent to applicant, being Appendix B. Copy of report from City of Windsor, Planning Department, Zoning Coordinator, Werner Plackmann, being Appendix C. LICENCE COMMISSIONER S COMMENTS An application for Hospitality Food Service Licence was submitted on July 29, 2011 by Ms. Senada Lazendic, Lily s, 5337 Tecumseh Rd. East, Windsor, Ontario. Licensing and Enforcement Department records indicate that this type of business has never operated out of this location in the past. REGULATORY AUTHORITY Business Licensing By-law , general provisions section 3.8 states: Every application will be subject to investigations approvals from such municipal or provincial departments or agencies as the Licence Commissioner deems necessary, or as directed by the Windsor Licensing Commission, including but not limited to: Police Services, Windsor/Essex County Health Unit, Fire and Rescue Services Department, Building and Development Department, Environmental Services Department and Licensing and Enforcement Department.
16 Windsor Licensing Commission [50] November 16, 2011 Thus, a standard procedure for initial application is to forward to zoning inspectors to ensure licencees are in compliance. BACKGROUND The following is the chronology of events as it relates to the licence application: On July 29, 2011, application for Hospitality Food Service Licence was made to Licensing Division, City of Windsor, being Appendix A. On July 29, 2011, zoning required owner to attend office for a change of use permit. On September 13, 2011, letter was sent to applicant with written request of change of use permit, being Appendix B. On September 28, 2011, City of Windsor, Compliance and Enforcement Officer B. Pogorzelski, states address has a sign stating that they are serving breakfast. Owner was directed to call Planning Department, Zoning Coordinator, Werner Plackmann. On October 25, 2011, a change of use permit was issued to 5337 Tecumseh East as take-out restaurant as per approved plans. No eat-in dining allowed, being Appendix C. SUMMARY The Commission will recall that it has the right to revoke, suspend or place conditions on a business licence when it feels a licensee is likely to breach the law or it is not within the public interest to permit the licence to go forward. In view of the zoning inspector s comments regarding the property, it is being recommended that the application for a licence to operate a hospitality food establishment be approved with conditions. That condition would allow a take-out restaurant only. RECOMMENDATION: That Lily s, 5337 Tecumseh Rd. East, application for a licence # to operate as a Hospitality Food Service establishment BE APPROVED with the following CONDITIONS: Take-out restaurant. No dine in. DISPOSITION:
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