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CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

JULY 27, 1999

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, July 27, 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 License should be issued to Karnail Singh Mrock, doing business as All India Foods, 6517 Main Street, Vancouver, BC.

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

1. Show Cause Hearing

All India Foods - 6517 Main Street File: 2711-16

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

Letter from Paul Teichroeb, Chief License Inspector, to Karnail Singh
Mrock, All India Foods

1 Additional Health and Police Reports

2 Affidavit of Robert Birtles

3 Affidavit of Angelo Kouris

4 Affidavit of William McIntyre

5 Affidavit of Peter Jacobs

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Messrs. Leslie Mackoff and Lorne Herlin, Barristers & Solicitors, represented the applicant, Karnail Singh Mrock.

Ms. Kinahan advised the business license application of Mr. Mrock has been referred to Council by the Chief License Inspector pursuant to Section 4(2a) of the License By-law of the City of Vancouver. She further 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. Ms. Kinahan referred Council to evidence before it as set out in reports of Environmental Health Officers, a series of Affidavits and the evidence of witnesses. Specific reference was made to relevant sections of the Health By-law (sections 3.1, 5.2. and 5.3).

During the testimony of Barbara Peters it was noted cameras were present in the Chamber. At the request of the Legal Department, Council was requested to put forward a motion to either permit, or not allow videotaping of the proceedings. Counsel for the applicant was invited to make submissions to Council on this issue and did so.

MOVED by Cllr. Sullivan,

THAT video cameras be permitted to remain in the Chamber for recording the proceedings of this morning's meeting.

- CARRIED UNANIMOUSLY

Clause 1 Cont'd

In support of the allegations set out in the above noted reports and evidence, Ms. Kinahan called the following witnesses, who reported their findings related to rodent infestation, and subsequent dealings with the business applicant:

· Barbara Peters, Environmental Health Officer

Vancouver/Richmond Health Board

· William McIntyre, Senior Environmental Health Officer

Vancouver/Richmond Health Board

Mr. Mackoff also directed questions to each of the witnesses and then called upon Mr. Karnail Singh Mrock as a witness. While Mr. Mackoff did state the owners of All India Groceries did not behave in an appropriate manner when dealing with City officials, he noted Mr. Mrock had been an anchor member of the Punjabi Market since 1984, and helped contribute to the vibrancy and atmosphere of the market area. However, of late, competition from a nearby large chain store has created financial pressures for his client. The refusal to close his business was based on a desire to avoid publicity which could have put an end to his business.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations set out in the reports of Environmental Health Officers, a series of Affidavits and the evidence of witnesses 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, Karnail Singh Mrock, doing business as All India Foods, 6517 Main Street, Vancouver, BC.

Mr. Mackoff submitted that the business at 6517 Main Street was brought into compliance on July 7th of this year. If issued a license to operate the business, Mr. Mrock has offered his assurance he would comply with any further orders. A good working relationship currently exists with Mainland Pest Control - the company under contract with the business applicant.

In response to questions from Council regarding the disposition of food stuffs currently in stock at 6517 Main Street, Ms. Kinahan advised specific sections of the City's Health By-law allow the Medical Health Officer to examine, and either approve for human consumption, or order seized and destroyed, such food stuffs.

COUNCIL DISCUSSION

Prior to a decision on this matter, Council members noted the demonstrated history of poor management of the premises and disregard for the safety and well being of the public, with no evidence the situation will improve in the future. Cost of staff resources to date, including numerous health inspections and police attendances was also noted.

Clause 1 Cont'd

MOVED by Cllr. Bellamy,

A. THAT a 1999 Business License not be granted to the Applicant, Karnail Singh Mrock, doing business as All India Foods, 6517 Main Street, Vancouver, BC, due to the following substantiated allegations that the applicant has failed to properly manage the premises by:

(a) displaying disregard for the health and safety of the public by failing to deal with a rodent infestation problem at the business in contravention of Section 5.2 and 5.3 of the Health By-law;

(b) failing to respond to Closure Orders, issued by the Medical Health Officer in contravention of Section 3.1 of the Health By-law; and also

(c) causing an unusual drain on public resources due to the manner in which the business is being managed.

B. THAT in the event the City receives any other business license application for the premises at 6517 Main Street, these premises not be reopened until Health Department approval has been given.

C. THAT Law Department staff be requested to review the Health By-law to ascertain whether or not amendments have taken place which may have affected the authority of the Medical Health Officer to close premises immediately.

- CARRIED UNANIMOUSLY

MOVED by Cllr. Chiavario,

D. THAT the Chief License Inspector inform Council if he receives any further business license applications for a grocery store from Karnail Singh Mrock.

- CARRIED UNANIMOUSLY

The Special Council adjourned at 11:20 a.m.

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(c) 1998 City of Vancouver