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CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

JULY 8, 1999

A Special Meeting of the Council of the City of Vancouver was held on Thursday, July 8, 1999, in the Council Chamber, Third Floor, City Hall, commencing at 7:30 p.m., for the purpose of an Appeal from the decision of the Chief License Inspector to suspend the 1999 business license of Ghollan Hassan Allahdadi and Davoud Safa Akhlagi, doing business as Tacos (formerly known as Donald's Restaurant), 56 West Hastings Street, for a period of two (2) months.

PRESENT:	Mayor Philip Owen Councillor Don Bellamy Councillor Nancy A. Chiavario Councillor Alan Herbert (left the meeting on Sick Leave) Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor Sam Sullivan
ABSENT:	Councillor Jennifer Clarke (Sick Leave) Councillor Alan Herbert (present for portion of meeting) Councillor George Puil
CLERK TO THE COUNCIL:	Denise Salmon

1. Tacos (formerly known as Donald's Restaurant)

56 West Hastings File: 2711-15

Vancouver City Council 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:

Clause 1 Cont'd

Tab
Notice of Hearing

1 1997:

July 31, 1997, letter from Liquor Control Licensing Branch
Police reports:

October 10, 1997
October 17, 1997
October 18, 1997
October 19, 1997
October 19, 1997
November 2, 1997
November 2, 1997
November 18, 1997
December 2, 1997
December 2, 1997
December 5, 1997
December 9, 1997

2 1998:

(a) Police reports:

January 1, 1998
January 16, 1998
January 16, 1998
May 22, 1998
June 6, 1998
June 9, 1998

(b) Health Board reports and letters:

March 26, 1998

March 27, 1998
March 27, 1998
March 31, 1998

Clause 1 Cont'd

3 1998 - License Suspension Correspondence

June 11, 1998 - Letter from the Chief License Inspector
June 18, 1998 - Notes of meeting (5 pages)

June 24, 1998 - Letter
July 13, 1998 - Letter of Intent
July 17, 1998 - Liquor License

4 1999:

Permits and License Department, License Information

Letter to Liquor Control and Licensing Branch

March 1, 1998 - letter cancelling liquor license
March 16, 1999 - Police Report

March 24, 1999 - Health Board Report
March 26, 1999 - Health Board Report
April 1, 1999 - Health Board Report
April 23, 1999 - Health Board Report

May 4, 1999 - Health Board Report

May 5, 1999 - Health Board Report
June 15, 1999 - Health Board Report

5 1999 - License Suspension Correspondence:

June 2, 1999 - Letter to Licensee
June 2, 1999 - Letter of Intent
June 3, 1999 - Letter of Appeal
June 10, 1999 - Letter of Response

Ms. Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Mr. Ghollan Hassan Allahdadi, doing business as Tacos (formerly known as Donald's Restaurant), represented himself.

Ms. Kinahan advised two business licenses had originally been issued to Messrs. Allahdadi and Akhlagi; one for a restaurant, the other for a dining lounge at 56 West Hastings Street. The business license holders have voluntarily surrendered the liquor license for the dining lounge. It was noted the proceedings were taking place pursuant to Section 277 of the Vancouver Charter, which provides the Chief Licence Inspector may suspend, for such period as he may determine, any business license and provides for an appeal to Council.

Clause 1 Cont'd

Ms. Kinahan also noted an additional document for inclusion in the Evidence Brief (circulated and on file) from the Environmental Health Division of the Vancouver/Richmond Health Board advising of a follow-up inspection of the premises on May 6, 1999.

The allegations which gave rise to this suspension are that the Licensee has failed to properly manage the premises and has been in possession of unlawful gaming devices on the premises, and has operated the business to the detriment of the safety and well being of the public.

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

· Paul Teichroeb, Chief Licence Inspector
· Constable 1181 Sadler
· Sergeant Don Smith ,VPD Vice and Gaming Squad
· David Lee, Environmental Health Officer

_ _ _ _ _

Councillor Herbert left the meeting at 8:05 p.m. on Sick Leave and did not return for the remainder of the proceedings._ _ _ _ _

Mr. Allahdadi had no questions of the witnesses. He requested Council not revoke his business license, as this would create financial hardship, and advised the clientele of the area contribute to problems on his premises. He then called on Ali Nanshirn, New Manager of Tacos, as a witness. Mr. Nanshirn advised he had been responsible for allowing installation of the gaming device on the premises, and did not realize they were illegal. He further noted only a small portion of the restaurant is now in use -- for serving tacos. Customers are not permitted access to the washrooms.

Ms. Catherine Kinahan submitted that the evidence presented at this Hearing sets out the legal test for Council to apply in determining whether or not the two (2) month suspension of the 1999 business license of Ghollan Hassan Allahdadi and Davoud Safa Akhlagi, doing business as Tacos (formerly known as Donald's Restaurant), should be upheld or set aside.

COUNCIL DISCUSSION

Prior to a decision on this matter, Council members noted the demonstrated history of health infractions, and lack of control over management of the premises, as set out in the allegations above.

Clause 1 Cont'd

MOVED by Cllr. Bellamy,

A. THAT the decision of the Chief License Inspector to suspend the 1999 business license of Ghollan Hassan Allahdadi and Davoud Safa Akhlagi, doing business at Tacos (formerly known as Donald's Restaurant), 56 West Hastings Street, for a period of two (2) months be confirmed.

B. THAT upon completion of the two (2) month suspension, the 1999 Business License issued to Ghollan Hassan Allahdadi and Davoud Safa Akhlagi, doing business as Tacos (formerly known as Donald's Restaurant), 56 West Pender Street, be revoked, due to substantiated allegations that the business license holders have failed to properly manage the business by:

(a) demonstrated inability to maintain proper care and control of the premises, as reflected in several license suspensions;

(b) inadequate practices with reference to sanitation issues as set out in reports from the Environmental Health Division of the Vancouver/Richmond Health Board, including a non-operating dishwasher.

C. THAT, at the discretion of the Chief License Inspector, Council may be informed of any further applications for a business license made by Ghollan Hassan Allahdadi and/or Davoud Safa Akhlagi.

MOVED by Cllr. Chiavario,

D. THAT any future applications for a business license to operate a restaurant at 56 West Hastings be referred to Council.

- CARRIED UNANIMOUSLY

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The Special Council adjourned at 8:45 p.m.

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(c) 1998 City of Vancouver