CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

OCTOBER 20, 1998

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, October 20, 1998, 1998, in the Council Chamber, Third Floor, City Hall, commencing at 9:00 a.m., for the purpose of determining whether or not the 1998 Business License issued to John Beverly, doing business as "Hooter's Rock Shop" (the "Licensee") ought to be suspended or revoked.

PRESENT:	Mayor Philip Owen Councillor Don Bellamy Councillor Jennifer Clarke Councillor Alan Herbert Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor Sam Sullivan
ABSENT:	Councillor Nancy A. Chiavario Councillor Lynne Kennedy (Civic Business) Councillor George Puil
CITY MANAGER'S OFFICE:	Judy Rogers, Deputy City Manager
CLERK TO THE COUNCIL:	Denise Salmon

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Don Lee,

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair.

- CARRIED UNANIMOUSLY

1. Hooter's Rock Shop - 752 East Broadway File: 2711-11

Vancouver City Council had before it for consideration the following material (on file in the City Clerk's Office) and the evidence of witnesses:

Tab

1.City of Vancouver License Information

Police Information

2.Report to Crown Counsel re John Washington Beverly, Police Case 96-333928

3.Police Report re Shanna Michelle Lussier, Police Case 97-61780

4.Report to Crown Counsel re John Beverly and Heather Ostrom, Police Case 98-202877

Correspondence Between City of Vancouver and John Beverly

5.Letter dated September 2, 1998, from Guy Gusdal, License Coordinator, City of Vancouver, to John Beverly

6.Notes of meeting with John Beverly and the Chief License Inspector and other City Staff, September 8, 1998

7.Letter dated September 11, 1998, from Paul Teichroeb, Chief License Inspector, City of Vancouver to John Beverly

8.Letter dated September 15, 1998, from Paul Teichroeb, Chief License Inspector, City of Vancouver, to John Beverly

Miscellaneous

9.Special Administrative Report to City Council from Chief License Inspector, dated September 29, 1998

Ms. Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Mr. John Beverly, carrying on business as Hooter's Rock Shop, represented himself.

Ms. Kinahan advised the proceedings were taking place pursuant to Section 278 of the Vancouver Charter, which provides that Council may suspend or revoke a business license. Council's attention was then directed to a memorandum dated October 6, 1998, from the City's Director of Legal Services, to John Beverly, doing business as "Hooter's Rock Shop", which set out the allegations that the Applicant has failed to properly manage the licensed business and has operated the business premises to the detriment of the safety and well being of the public by:

Clause 1 Cont'd

(a)selling narcotics or being in possession of narcotics on the business premises;

(b)permitting or failing to prevent the sale or possession of narcotics on the business premises.

In support of these allegations, Ms. Kinahan called the following witnesses:

·Constable 1505 Mike Chan

·Constable 1187 Colin Downton

·Paul Teichroeb, Chief Licence Inspector, Licence and Property Use Division

Mr. Beverly also directed questions to each of the witnesses. He further requested Council not revoke his business license, as this would create financial hardship, and impact payments related to his previous Court conviction for selling small quantities of marijuana. As Mr. Beverly resided in the back of the store, the described dogs were for his own protection, arising out of previous "smash and grab" incidents.

Ms. Catherine Kinahan submitted that the evidence presented at this Hearing accords with the allegations (a) and (b) above and set out the legal test for Council to apply in determining whether or not the 1998 business license issued to John Beverly, doing business as "Hooter's Rock Shop"ought to be suspended or revoked.

COUNCIL DISCUSSION

Prior to a decision on this matter, Council members noted the demonstrated history of the allegations set out above, the negative impact the business adds to the current criminal activities in the vicinity of Broadway and Fraser Street, and the fact marijuana is an illegal substance, and against the law.

MOVED by Cllr. Bellamy,

A.THAT the 1998 Business License issued to John Beverly, doing business as "Hooter's Rock Shop" (the "Licensee") be revoked, because the Licensee has failed to properly manage the licensed business and has operated the business premises to the detriment of the safety and well being of the public by:

(a)selling narcotics or being in possession of narcotics on the business premises;

Clause 1 Cont'd

(b)permitting or failing to prevent the sale or possession of narcotics on the business premises.

B.THAT Council be informed by the Chief License Inspector if any further applications for a business license are made by John Beverly to the City of Vancouver.

C.THAT the member municipalities of the Greater Vancouver Regional District be notified of Council's decision on this matter.

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,

SECONDED by Cllr. Bellamy,

THAT the report of the Committee of the Whole be adopted.

- CARRIED UNANIMOUSLY

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The Special Council adjourned at 10:40 a.m.

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(c) 1998 City of Vancouver