CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

MARCH 9, 1999

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, March 9, 1999, in the Council Chamber, Third Floor, City Hall, commencing at 9:00 a.m., for the purpose of determining whether or not a 1999 Business Licence ought to be granted to the applicant, Mr. Luc Tan Vo, carrying on business as the Nhu-Y Sandwich Shop at 541 East Broadway, Vancouver, B.C.

PRESENT:	Mayor Philip Owen Councillor Nancy A. Chiavario Councillor Jennifer Clarke Councillor Alan Herbert Councillor George Puil Councillor Sam Sullivan
ABSENT:	Councillor Don Bellamy (Leave of Absence) Councillor Daniel Lee Councillor Don Lee (Sick Leave) Councillor Gordon Price Councillor Lynne Kennedy (Sick Leave)
CITY MANAGER'S OFFICE:	Gord Spencer, City Manager's Office
CLERK TO THE COUNCIL:	Denise Salmon

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Puil,

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

- CARRIED UNANIMOUSLY

1. Nhu-Y Sandwich Shop - 541 East Broadway File: 2711-13

Vancouver City Council had before it for consideration an Evidence Brief prepared by the City's Legal Department, (on file in the City Clerk's Office) and the evidence of witnesses, including the Deposition of Constable Suzanne Muir (#173) presented on video (on file).

John Nelson, Corporation Counsel, was present on behalf of the City, and Tom Do, Barrister & Solicitor, represented the applicant, Luc Tan Vo, carrying on business as Nhu-Y Sandwich Shop.

The 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. Council's attention was then directed to a document (circulated and on file) which contained points for Council to consider and address while hearing the evidence and making its decision, as follows:

"The applicant, Luc Tan Vo, carrying on business as the Nhu-Y Sandwich Shop at 541 East Broadway, Vancouver, B.C., has failed to properly manage the premises by:

(a) Increasing the risk of harm to the general public by the applicant promoting and or facilitating, and or possessing sufficient quantities of cocaine and heroin at the store for the purposes of trafficking;

(b) Demonstrating an irresponsible attitude, a total lack of cooperation to protect the public from illicit drugs, which conduct causes a deterioration of the degree of respect for the law in the neighbourhood and negatively impacts the well being and safety of people living or passing through that neighbourhood.

The application must be denied with the member municipalities of the Greater Vancouver Regional District notified of Council's decision on this matter."

In support of these allegations, Mr. Nelson called the following witnesses:

· Constable 1464 Rowan Pitt-Payne
· Constable 1735 Suzanne Muir (VideoEvidence Deposition dated March 5, 1999)

Clause 1 Cont'd

Mr. Do also directed questions to each of the witnesses. Mr. Do (with the aid of an interpreter) then called the following witnesses; Mr. Nelson had no questions of the witnesses, but did object to their testimony as irrelevant to the Evidence Brief:

· My Le Tran
· Luc Tan Vo

Mr. Nelson 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 a 1999 business license ought to be granted to the applicant, Luc Tan Vo, doing business as "Nhu-Y Sandwich Shop". Mr. Do circulated photographs (on file) which he submitted were taken by Mr. Vo after a Police search of the Nhu-Y Sandwich Shop. He requested Council not revoke the applicant's business license, as there is no proof the alleged drug seizures occurred.

Council Discussion

Prior to a decision on this matter, Council members noted the demonstrated history of the allegations set out above.

MOVED by Cllr. Clarke,

A. THAT a 1999 Business License not be granted to the applicant, Luc Tan Vo, carrying on business as the Nhu-Y Sandwich Shop at 541 East Broadway, Vancouver, B.C., due to the following substantiated allegations that the applicant has failed to properly manage the premises by:

(a) Increasing the risk of harm to the general public by the applicant promoting and or facilitating, and or possessing sufficient quantities of cocaine and heroin at the store for the purposes of trafficking;

(b) Demonstrating an irresponsible attitude, a total lack of cooperation to protect the public from illicit drugs, which conduct causes a deterioration of the degree of respect for the law in the neighbourhood and negatively impacts the well being and safety of people living or passing through that neighbourhood.

B. THAT Council be informed by the Chief License Inspector if any further applications for a business license are made by Luc Tan Vo or My Le Tran to the City of Vancouver.

Clause 1 Cont'd

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

- CARRIED UNANIMOUSLY

MOVED by Cllr. Chiavario,
D. THAT future similar business licenses for 541 East Broadway be issued only after the negotiation of a good Neighbour Agreement which is approved by Council.

- 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. Clark,
SECONDED by Cllr. Herbert,

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

- CARRIED UNANIMOUSLY

The Council adjourned at 1:00 p.m.

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(c) 1998 City of Vancouver