A G E N D A WINDSOR LICENSING COMMISSION

Transcription

1 A G E N D A WINDSOR LICENSING COMMISSION For a meeting on Thursday February 28, 2013 at 4:00 o'clock p.m. Windsor City Hall, 350 City Hall Square West 3 rd floor Council Chambers 1. CALL TO ORDER 2. MINUTES Adoption of the minutes of the meeting of the Windsor Licensing Commission held December 19, 2012 (copy attached). 3. DISCLOSURE OF INTEREST N/A 4. REQUESTS FOR DEFERRALS, REFERRALS OR WITHDRAWALS N/A 5. COMMUNICATIONS N/A 6. LICENCE TRANSFERS N/A 7. APPLICATIONS/HEARINGS a) Mr. Roger Samudio Adult Entertainment Ontario INC. # o/a The Legends of 2012

2 a) Ms. Grace L. Rosete-LaSala Lodging House Ontario Ltd. o/a La Maison Royale # c) Mr. Noli Oligario Automobile Service Station N & G Auto Sales and Leasing Storage/Sales # REPORTS AND ADMINISTRATIVE MATTERS a) Expired Business Licence b) Touting in the Downtown Windsor Business Improvement Area 9. IN-CAMERA AGENDA N/A 10. NEW BUSINESS N/A 11. DATE OF NEXT MEETING The following 2013 meeting is scheduled for the Licensing Commission: February 28, 2013 March 28, 2013 April 25, 2013 May 23, 2013 June 27, 2013 July 25, 2013 August 22, 2013 September 26, 2013 Council Chambers Council Chambers Council Chambers Council Chambers Council Chambers Council Chambers Council Chambers Council Chambers

3 October 24, 2013 November 28, 2013 Council Chambers Council Chambers ADJOURNMENT

4 /DC Windsor, Ontario December 19, 2012 A meeting of the Windsor Licensing Commission is held this day commencing at 9:30 o clock a.m. in the Council Chambers, 3 rd floor, City Hall, there being present the following members: Councillor Ron Jones, Chair Councillor Ed Sleiman Jack Fathers Regrets received from: Councillor Drew Dilkens Councillor Percy Hatfield Also present are the following resource personnel: Michael Chantler, Supervisor of Licensing & Deputy Licence Commissioner Gary Cian, Manager of Policy, Gaming & Licensing/Deputy Licence Commissioner Ann Kalinowski, Manager of By-law Enforcement Bill Tetler, Officer of By-law Enforcement Mario Bonas, Officer of By-law Enforcement Michelle Fortier, Licence Issuer Denise Cassan, Senior Licence Issuer 1. CALL TO ORDER The Chair calls the meeting to order at 9:31 o clock a.m. and the Commission considers the Agenda being Schedule A attached hereto, matters which are dealt with as follows: 2. MINUTES Moved by Councillor Sleiman, seconded by J. Fathers, That the minutes of the Windsor Licensing Commission at its meeting held November 21, 2012 BE ADOPTED as presented. Carried.

5 3. DISCLOSURE OF INTEREST None disclosed. 4. REQUESTS FOR DEFERRALS, REFERRALS OR WITHDRAWALS None 5. COMMUNICATIONS None 6. LICENCE TRANSFERS N/A 7. APPLICATIONS/HEARINGS 7(a) N & G Auto Sales and Leasing - Automobile Service Station Mr. Noli Oligario, applicant is present and available to answer questions. Moved by Councillor Sleiman, seconded by J. Fathers, WLC45/12 That the Automobile Service Station Storage/Sales licence # , submitted by Noli Oligario of N & G Auto Sales and Leasing, 1035 Crawford Ave., Windsor, Ontario, BE ISSUED with the following condition: NO OUTDOOR STORAGE AND /OR DISPLAY OF MOTOR VEHICLES. Carried. 7(b) Ronald Lawrence Owner of Dangerous Dog Soda Mr. Ronald Lawrence was not present. Administration confirms Mr. Lawrence received the registered mail and also confirmed via phone that he would attend. A. Kalinowski reports the dangerous dog designation is a result of the dog bite complaint noted in the police report. She indicates there is no previous history with Soda. Mrs. Judy Lariviere provides the following remarks relating to the alleged dog bite: Witnessed the dog bite. Mr. J. Lariviere (victim) was not present due to illness Soda is a German Shepherd, one of 4 dogs owned by Mr. Lawrence. Mr. Lariviere had visible cut on left pinky finger which became infected and required medical attention.

6 The dog also bit Mr. Lariviere s dog Sassy which required medical attention. Mr. Lariviere had to punch Soda to get him to release Sassy from its mouth. J. Fathers questions Administration on why so many dogs are allowed on this property. Ann Kalinowski responds that By-law allows 2 dogs licenced per dwelling. Mr. Lawrence has 2 dwellings and there are 2 dogs licenced at each dwelling. J. Fathers also inquired if there is anything regarding immunization of dogs in the Bylaw. In response to a question asked by J. Fathers, Officer Tetler responded stating no by-law requiring immunization. Moved by Councillor Sleiman, seconded by J. Fathers, WLC46/12 That the DANGEROUS DOG designation REMAIN IN PLACE for the German Shepherd dog known as Soda which currently resides with guardian, Ronald Lawrence at 3020 Tecumseh Rd. East in Windsor, Ontario and further, that the following actions BE REQUIRED as a result of this designation: 1. To keep such dog, when in or on the property of another person with the person s consent, on a leash and under the control of that person who is sixteen years of age or more. 2. Conspicuously display on his or her property, a sign provided by the city warning that there is a dangerous dog on the property. 3. To securely attach a muzzle to such dog at all times when it is not confined in accordance with section 17 (a). 4. Obtain and maintain a policy liability insurance coverage in the amount of not less than $1,000,000 for any damage or injury caused by such dangerous dog and to provide to the Animal Control Officer a Certificate of such policy and each subsequent renewal of it. 5. Insert a microchip implantation in such dog, at the Guardian s expense, for the purpose of identifying such dog as a dangerous dog. 6. To restrain the dangerous dog in accordance with any written directives which may be given by an Animal Control Officer. Carried. 8. REPORTS AND ADMINISTRATIVE MATTERS 8(a) Expired Business Licence Moved by J. Fathers, seconded by Councillor Sleiman, That the report of the Supervisor of Licensing & Deputy Licence Commissioner dated December 6, 2012 entitled Expired Application(s) for Business Licence BE RECEIVED for information. Carried.

7 8(b) Results of 2012 Fall Taxicab Vehicle Standards Inspection Lane Moved by Councillor Sleiman, seconded by J. Fathers, That the report of the Manager of By-law Enforcement dated November 9, 2012 entitled Results of 2012 Fall Taxicab Vehicle Standards Inspection Lane BE RECEIVED for information. Carried. 9. IN-CAMERA AGENDA Verbal Motion is presented by Councillor Jones, seconded by Councillor Sleiman, to move In Camera at 9:44 o clock a.m. for discussion of the following items: Item No. Subject 9(a) Personal matters about an identifiable individual Section Pursuant to Municipal Act 2001, as amended s. 239(b) Motion Carried. Discussion on the item of business 9 (a). The appellant was present. Verbal Motion is presented by J. Fathers, seconded by Councillor Sleiman, to move back into public session at 9:44 o clock a.m. Moved by Councillor Sleiman, seconded by J. Fathers WLC47/12 That the DANGEROUS DOG designation REMAIN IN PLACE for the 18 month old Rottweiler/Mastiff known as Chaos which currently resides with guardian, Scott Masse at 946 Glidden Ave. in Windsor, Ontario and further, that the following actions BE REQUIRED as a result of this designation: 1. To keep such dog, when in or on the property of another person with the person s consent, on a leash and under the control of that person who is sixteen years of age or more. 2. Conspicuously display on his or her property, a sign provided by the city warning that there is a dangerous dog on the property. 3. To securely attach a muzzle to such dog at all times when it is not confined in accordance with section 17 (a).

8 4. Obtain and maintain a policy liability insurance coverage in the amount of not less than $1,000,000 for any damage or injury caused by such dangerous dog and to provide to the Animal Control Officer a Certificate of such policy and each subsequent renewal of it. 5. Insert a microchip implantation in such dog, at the Guardian s expense, for the purpose of identifying such dog as a dangerous dog. 6. To restrain the dangerous dog in accordance with any written directives which may be given by an Animal Control Officer. Carried. 10. NEW BUSINESS None 11. DATE OF NEXT MEETING The next meeting of the Windsor Licensing Commission will be held on January 16, 2012 at 9:30 o clock a.m. in the Council Chambers. 12. ADJOURNMENT There being no further business, the meeting is adjourned at 9:50 o clock a.m. CHAIR SECRETARY

9 ITEM NO. 7 (a) WINDSOR LICENSING COMMISSION February 28, 2013 APPLICANT/LICENSEE: ONTARIO INC. o/a The Legends of 2012 Mr. Roger Obdiel Samudio 1056 Wyandotte St. E. Windsor, ON N9A 3K2 LICENCE CATEGORY: Adult Entertainment # HEARING PARTICULARS: Refuse to Renew Adult Entertainment licence APPENDED MATERIALS Copy of Renewal form, attached as Appendix A. Copy of letter from J. Crerar, Licence Issuer for City of Windsor, attached as Appendix B. LICENCE COMMISSIONER S COMMENTS An application for Entertainment Lounge licence was submitted on February 24, 2012 by Mr. Samudio of ONTARIO INC. o/a The Legends of 2012 at 1056 Wyandotte St. E., City of Windsor. Licensing Division records indicate that Legends of 2012 has operated since March 1, 2011out of this location. REGULATORY AUTHORITY Business Licensing Bylaw , Part 3 General Provisions states: 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,

10 Further, Part IV, Section 3.31 of Licensing By-law states: 3.31 Refusal - suspension - revocation - by Windsor Licensing Commission hearing (1) At the hearing, the Windsor Licensing Commission may suspend, revoke or refuse to issue any licence under this by-law: (a) for any reason that would disentitle the holder to a licence if he/she were an applicant; (b) where the holder of the licence or applicant is in breach of a condition of the licence or of this by-law; (c) if there are reasonable grounds to believe that the statements on the licence application are false; (d) if a report is filed subsequent to the date of the issuance of the licence by any department or agency which provided its approval originally to the issuance of the licence which indicates that a licensed premises no longer complies with any of the provisions of this by-law; (e) upon such grounds as are set out in this by-law; (f) if the applicant has outstanding fines or penalties owing to the municipality or has not paid the required licence application fee; if the conduct or character of the applicant or licensee affords reasonable cause to believe that the applicant or licensee will not carry on or engage in the business in accordance with the law or with honesty and integrity; (g) if the geographic location of the business does not meet land use requirements; (h) if, in the case of a corporate applicant or licensee, the conduct of its officers, directors, employees or agents affords reasonable cause to believe that the business will not be engaged in or carried on in accordance with the law or with honesty and integrity; or if issuing a licence is not in the public interest. BACKGROUND February 8, 2012, renewal was received in Licensing Division, attached as Appendix A. October 26, 2012 was the first of several attempts made to get a copy of tax return required for completion of renewal application by Licence Issuer. November 16, 2012 a letter was sent to Mr. Samudio regarding the required information, attached as Appendix B. November 27, 2012, Supervisor of Licensing spoke with Mr. Samudio by phone regarding this matter. Mr. Samudio indicated at that time his accountant had ed the documents. Mr. Samudio was told that nothing had been received by the licensing office.

11 SUMMARY Based on the failed completion of the renewal, administration is forced to recommend to the Windsor Licensing Commission that the application be refused to renew. The applicant must re-apply with a complete application if he wishes to continue operating his business. RECOMMENDATION: 1. THAT Adult Entertainment application to renew # , submitted by Mr. Samudio, Owner of ONTARIO INC. o/a The Legends of 2012 at 1056 Wyandotte St. E., Windsor, BE REFUSED. DISPOSITION:

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14 ITEM NO. 7(b) WINDSOR LICENSING COMMISSION February 20, 2013 APPLICANT/LICENSEE: ONTARIO LTD. o/a LA MAISON ROYALE Grace L. Rosete-LaSala 1016 Pelissier Street Windsor, ON N9A 4L7 LICENCE CATEGORY: Lodging House # File # ACLC/11636 HEARING PARTICULARS: Request from Licensee to Remove Conditions APPENDED MATERIALS Copy of Windsor Licensing Commission decision, attached as Appendix A. Copy of Licence, attached as Appendix B. Copy of letter from R. Bruck Easton, attached as Appendix C. Copy of letter from Grace Rosete-LaSala, informing Licensing Division of the change in occupancy, attached as Appendix D. LICENCE COMMISSIONER S COMMENTS REGULATORY AUTHORITY GENERAL PROVISIONS: PART V LICENCE 3.28 Recommendation - Windsor Licensing Commission Refuse to issue, refuse to renew, suspension, place conditions, revocation notice - hearing request Where the Licence Commissioner intends to recommend to the Windsor Licensing Commission that it refuse to issue, refuse to renew, place conditions, revoke or suspend a licence, he shall give notice of his intended recommendation to the applicant or licence holder, together with the reason for his intended recommendation, as well as to such other persons, civic departments, boards, commissions, authorities or agencies as appear to have an interest in the recommendation.

15 POWERS AND DUTIES OF THE LICENCE COMMISSIONER 38. Where, in the opinion of the Licence Commissioner, the carrying on of a licensed activity by a licensee will likely result in a breach of the law or be adverse to the public interest, the Licence Commissioner shall recommend to the Licensing Commission that it suspend, revoke or impose conditions on the licence. BACKGROUND November 8, 2011, Windsor Licensing Commission decision placed a condition on this licence, attached as Appendix A. November 14, 2012 licence was renewed, copy attached as Appendix B December 3, 2012, Mr. Easton, legal representative for the licensee faxed a letter with a request for removal of the conditions, attached as Appendix C. January 23, 2013, the Licensee has notified Licensing Division that they are adding 2 rooms to the upper floor, bringing the occupancy of the Lodging Home to a maximum of 19 persons, attached as Appendix D After conditions were placed on the licence in November 2011, inspections were carried out by the By-Law Enforcement Unit of the Building Department throughout Over the course of the year, there were some infractions noted and included the following items: One room was missing a reading light One room was cold and officer could feel a draft coming from the window Cosmetic issues such as water damage to a wall, metal coat hanger holding up a shower curtain Documentation of physician certificate for all employees not presented at time of inspection On one occurrence, morning medication had been given to a resident, but the medication administration record (MAR) sheet was not updated A January 2013 inspection by By-Law Enforcement resulted in zero deficiencies and the following comments by the inspecting Officer: Very clean & tidy. Home meets enforcement standards. Residents appeared healthy, groomed, well taken care of, smiled when greeted. No major concerns or violations were indentified. Home meets all By-Law regulations and licensing standards. Following the inspections, any deficiencies were noted, brought to the attention of the owner and the licensee complied with the direction of the Officers to rectify the issue.

16 SUMMARY Throughout the last year, the licensee has been relatively compliant with Business Licensing By-Law The one item that remains a concern for administration is the error in dispensing medication that was discovered by Officer Elizabeth Culmone during an inspection on March 20, The Medication Administration Record (MAR) was incomplete at the time of the inspection. The Officer spoke to the resident involved and confirmed the medication was administered but the MAR sheet was not signed which is a violation of the by-law. A letter outlining the Officer s concern was sent to the licensee. The licensee (Ms. Grace Rosete-Lasala) responded in writing that within 24 hours she met with the employee on duty that day to review their policy and procedures for Medication Management and Drug Storage. The reason administration remains concerned is that the original conditions were placed on this licence because of an error in managing and administering medication by this licensee. RECOMMENDATION: The Windsor Licensing Commission may: Direct administration to REMOVE CONDITIONS on Licence # issued to La Maison Royale operating at 1016 Pelissier Street, OR AMEND CONDITIONS on Licence # , THAT a By-Law Officer inspect the Class II Lodging House known as La Maison Royale operating at 1016 Pelissier Street on a quarterly basis annually. DISPOSITION:

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21 ITEM NO. 7 (c) WINDSOR LICENSING COMMISSION February 28, 2012 APPLICANT/LICENSEE: Noli Oligario N & G Auto Sales and Leasing 1035 Crawford Ave. Windsor, ON N9A 5E1 LICENCE CATEGORY: Automobile Service Station Storage/Sales Licence # ACLB/11630 HEARING PARTICULARS: Remove Condition - Automobile Service Station Storage/Sales APPENDED MATERIALS Copy of decision from December 19, 2013 Windsor Licensing Commission, attached as Appendix A. Copy of report submitted by City of Windsor Zoning Inspector Carol Peach through printout of Amanda system, attached as Appendix B. LICENCE COMMISSIONER S COMMENTS REGULATORY AUTHORITY Business Licensing Bylaw GENERAL PROVISIONS 3.1 Licensing powers The power to license, regulate and govern a business, trade or occupation includes the power, (6) to impose special conditions on a business in a class that have not been imposed on

22 all of the businesses in that class in order to obtain, continue to hold or renew a licence; (7) to impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the licence; (8) to licence, regulate or govern the place or premises used for the business and the persons carrying it on or engaged in it; (9) to regulate or govern the equipment, vehicles and other personal property used or kept for hire in connection with the carrying on of or engaging in the business; BACKGROUND December 19, 2012, Windsor Licensing Commission placed a condition on licence for the property of 1035 Crawford on the direction of Carol Peach, City of Windsor Zoning Inspector indicates the property is not zoned for the requested use, and is not legal non-conforming use for outdoor storage. Applicant can display vehicles that are for sale only inside a building, attached as Appendix A. February 5, 2013, Zoning Inspector requested removal of the condition, attached as Appendix B. SUMMARY Administration supports the removal of the condition placed on this Automobile Service Station Storage/Sales licence # at 1035 Crawford Ave., Windsor, Ontario. RECOMMENDATION: THAT the condition placed on Automobile Service Station Storage/Sales licence # by N & G Auto Sales and Leasing at 1035 Crawford Ave., Windsor, Ontario BE REMOVED. DISPOSITION:

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