ADMINISTRATIVE REPORT

Date: November 19, 1999
Author/Local: CKinahan/7513 PTeichroeb/7545 UWatkiss/7266
RTS No. 1106

CC File No. 2640

Council: November 30, 1999

TO:	Vancouver City Council
FROM:	Chief License Inspector, Director of Legal Services and City Clerk
SUBJECT:	New Business License Hearing Procedures

RECOMMENDATION

THAT Council adopt the following procedure relating to business license hearings:

- business license hearings will generally be conducted before a panel of three Councillors, although Council may designate that a hearing be conducted before a panel comprised of a greater number of Councillors.

CITY MANAGER’S COMMENTS

The City Manager RECOMMENDS approval of the foregoing.

COUNCIL POLICY

Business license (or “show cause”) hearings are conducted pursuant to sections 275, 277, and 278 of the Vancouver Charter.

BACKGROUND

The provincial government has recently enacted an amendment to the Vancouver Charter which will enable Council to delegate the holding of business license hearings to one or more Council members. These amendments came into force by Regulation on September 28, 1999.

Over the past few months there has been a significant increase in the number of business license hearings. This report recommends a procedure to accommodate the increased number of hearings by implementing the new amendment to the Charter.

DISCUSSION

The new amendment to the Charter confers on Council the power to delegate the holding of business license hearings to one or more Councillors. By utilizing this power, Council will be able to conduct many more hearings each year. Staff feel that, in most circumstances, it would be appropriate for a business license hearing to be conducted before a “panel” of three Councillors and recommend that this be adopted as the general procedure. Council will retain the power to designate that a particular hearing or hearings be conducted before a panel made up of a greater number (or a fewer number) of Councillors.

Council must designate, by resolution, the Councillors who will deal with each specific hearing. The Law Department will work with the City Clerk’s Office to schedule the hearings and will, from time to time, bring forward the necessary resolutions for Council to designate the panel for each license hearing.

It is very difficult to predict the number of business license hearings which will actually take place in a given year. For instance, it is difficult to predict whether a business which has had its license suspended by the Chief License Inspector will choose to appeal that decision to Council. In 1999, of 34 business licenses suspensions or referrals by the Chief License Inspector, 13 resulted in appeals to Council.

City Clerk’s Office is presently preparing the Council meeting scheduling for the year 2000 and are scheduling approximately three business license hearings per month on average. If the recommendation is adopted, a report will come to Council on December 6, 1999 with a request that Council pass the necessary resolution to designate the panels for the hearings scheduled for December.

CONCLUSION

Staff recommend that Council adopt the procedures set out in this report.

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(c) 1998 City of Vancouver