CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

FEBRUARY 3, 2000

A Business License Hearing of the Council of the City of Vancouver was held on Thursday, February 3, 2000, in the Council Chamber, Third Floor, City Hall, commencing at 7:30 p.m., for the purpose of determining whether or not a 2000 Business License should be issued to Ms. Dao Thi Mai, also known as Thi Doa Mai, doing business as Cozy Corner Grocery, 100 East Hastings Street, Vancouver, B.C.

1. Cozy Corner Grocery, 100 East Hastings Street File: 2711-24

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 Information

1998 Business License for Gowin Produce, 2070 East Hastings Street
Business License Application, dated August 18, 1998
State of Title Certificate, 100 East Hastings Street
Business License Application, dated April 12, 1999
Application for Business License, Police Report Form, Criminal Record Check, dated April 12, 1999
Fax Cover Sheet dated April 14, 1999, from City of Vancouver, License Office, to Jill Fedirchuk, Vancouver Police Department, re Background check for Dao Thi Mai
1999 Business License for Cozy Corner Grocery, 100 East Hastings Street

Clause 1 Continued

Letter dated October 12, 1999, from Barb Windsor, Deputy Chief License Inspector, to Thi Dao Mai
Handwritten notes of meeting held October 18, 1999
Letter dated October 25, 1999, from P. Teichroeb, Chief License Inspector, to Thi Dao Mai
Letter dated November 2, 1999, from Dao Thi Mai, to City of Vancouver
Letter dated November 3, 1999, from P. Teichroeb, Chief License Inspector, to Thi Dao Mai
Year 2000 Business License Application for Cozy Corner Grocery

2 Vancouver Police Department Reports

Police Report, Case No. 98-93723, dated August 17, 1998
Police Report, Case No. 98-28686, dated December 7, 1998
Police Report, Case No. 99-151803, dated July 11, 1999
Police Report, Case No. 99-168932, dated July 30, 1999
Police Report, Case No. 99-182671, dated August 14, 1999
Memo dated September 30, 1999, to Deputy Chief License Inspector from Cst. Jill Fedirchuk
Police Report, Case No. 99-237988, dated October 17, 1999
Police Report, Case No. 99-242253, dated October 22, 1999

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Ms. Dao Thi Mai, Applicant, represented herself with the aid of an interpreter. Also present, and speaking on Ms. Dao Thi Mai's behalf, was Ms. Stella Davis.

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, property use reports and letters relied on by the Chief License Inspector in referring this matter to Council, letters from the Chief License Inspector and the evidence of witnesses, which set out the allegations that the Applicant has failed to properly manage the business by:

(a) purchasing, being in possession of and offering for sale tobacco that does not bear the prescribed mark or stamp indicating that provincial tax imposed on the tobacco has been accounted for, in contravention of the Tobacco Tax Act, R.S.B.C. 1996, c. 452;

Clause 1 Continued

(b) possessing tobacco for an unlawful purpose, in contravention of the Tobacco Tax Act;

(c) selling tobacco without a license, in contravention of the Tobacco Tax Act;
(d) selling items commonly used as drug paraphernalia;

(e) selling liquor to intoxicated persons in contravention of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 68;

(f) receiving and being in possession of stolen property;

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:

… Paul Teichcroeb, Chief License Inspector
… PC 1103 Paul Joseph Ellis

… PC 1216 Robert Dalla Zanna
… PC 1547 Terrance Terumi Kondo
… PC 1607 Mark Warren Steinkampf
… PC 1488 Alexander Hayes Parker
… PC 1893 Elvis Bellia

Ms. Davis, on behalf of the applicant, also directed questions to the witnesses, and then Ms. Dao Thi Mai testified with the aid of the interpreter. Ms. Dao Thi Mai advised the Panel that when she purchased the building she unknowingly inherited the alleged drug paraphernalia. She also stated that she had not had time to remove the drug paraphernalia from the business premises, although she had operated the business since April ,1999.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in police reports, property use reports and letters relied on by the Chief License Inspector in referring this matter to Council, letters from the Chief License Inspector and the evidence of witnesses, and the letter to the Applicant dated December 15, 1999, and sets out the legal test for Council to apply in determining whether or not a 2000 Business License should be issued to Ms. Dao Thi Mai, also known as Thi Doa Mai, doing business as Cozy Corner Grocery, 100 East Hastings Street, Vancouver, B.C.

Clause 1 Continued

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members noted the applicant's demonstrated history of allegations as set out above, failure to understand the operating and licensing requirements for her business, and her non-compliance with the "Good Neighbour” agreement she had signed prior to commencing business.

MOVED by Cllr. Louis,

THAT a 2000 business license not be issued to the Applicant, Ms. Dao Thi Mai, also known as Thi Dao Mai, doing business as Cozy Corner Grocery, 100 East Hastings Street, Vancouver, B.C. because the Applicant has failed to properly manage the Business premises by:

(a) purchasing, being in possession of and offering for sale tobacco that does not bear the prescribed mark or stamp indicating that provincial tax imposed on the tobacco has been accounted for, in contravention of the Tobacco Tax Act, R.S.B.C. 1996, c. 452;

(b) possessing tobacco for an unlawful purpose, in contravention of the Tobacco Tax Act;

(c) selling tobacco without a license, in contravention of the Tobacco Tax Act;
(d) selling items commonly used as drug paraphernalia;

(e) selling liquor to intoxicated persons in contravention of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 68;

(f) receiving and being in possession of stolen property;

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

- CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 9:57 p.m.

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