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CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

FEBRUARY 17, 2000

A Business License Hearing of the Council of the City of Vancouver was held on Thursday, February 17, 2000, in the Council Chamber, Third Floor, City Hall, commencing at 7:30 p.m., for the purpose of determining whether or not a 2000 Business License should be issued to James Sabation Moozhayil, doing business as Star City Grocery, 356 Powell Street, Vancouver, B.C.

PRESENT:	Councillor George Puil, Chair Councillor Don Lee Councillor Sandy McCormick
CITY CLERK'S OFFICE:	Laura Kazakoff, Meeting Coordinator

1. Star City Grocery, 356 Powell Street File: 2711-26

The Business License Hearing Panel 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:

Tab

Notice of Hearing

1 Permits and Licenses Department Information

1999 Business License
Undated letter to Councillor Don Lee from Neighbour re Stop N Shop, Powell Super Mart and Star City Groceries
Letter dated March 4, 1999, from Councillor Don Lee to Neighbour

Property Use Inspection Report, dated March 16, 1999

Letter dated May 11, 1999, from the Deputy Chief License Inspector to James Sabation Moozhayit
Handwritten notes dated May 17, 1999, re James Moozhayit
Letter dated June 8, 1999, from the Chief License Inspector to James Sabation Moozhayit

Letter dated June 9, 1999, from James S. Moozhayit to Permits & Licenses Department
Letter dated June 18, 1999, from Chief License Inspector to James Sabation Moozhayit
Letter dated October 27, 1999, from Chief License Inspector to James Sabation Moozhayit
Letter from P. Teichroeb, Chief License Inspector, to James Sabation Moozhayil, dated December 1, 1999
License Bill in the amount of $171.00 for the business located at 356 Powell Street
Property Use Inspection Report, dated December 2, 1999
Business License Application
Cheque in the amount of $171.00 made payable to the City of Vancouver, dated December 10, 1999

2 Vancouver Police Department Reports

Vancouver Police Department, Miscellaneous and Supplementary Report, 99-79592, dated April 15, 1999
Vancouver Police Department, Miscellaneous and Supplementary Report, 99-96794, dated May 6, 1999
Vancouver Police Department, Miscellaneous and Supplementary Report, 99-148798 dated July 7, 1999
Report to Crown Counsel, 99-154682 dated July 14, 1999
Vancouver Police Department, Miscellaneous and Supplementary Report, 99-154719 dated July 14, 1999
Vancouver Police Department, Miscellaneous and Supplementary Report, 99-216285 dated September 21, 1999
Vancouver Police Department, Miscellaneous and Supplementary Report, 99-231199 dated October 9, 1999

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Mr. James Sabation Moozhayil, the applicant, represented himself with the aid of an interpreter.

Ms. Kinahan 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, and section 277.1 of the Vancouver Charter, which confers on Council the power to delegate the holding of business license hearings to one or more Councillors. Ms. Kinahan referred the Panel to evidence before it as set out in police

reports, property use reports, letters relied on by the Chief License Inspector in referring this matter to Council, letters from the Chief License Inspector and the evidence of witnesses, which set out the allegations that the applicant has failed to properly manage the business by:

(a) purchasing, being in possession of and offering for sale tobacco that does not bear the prescribed mark or stamp indicating that provincial tax imposed on the tobacco has been accounted for, in contravention of the Tobacco Tax Act, R.S.B.C. 1996, c. 452;

(b) selling single cigarettes from an open package in contravention of the Tobacco Sales Act, R.S.B.C. 1996, c. 451;

(c) selling or offering for sale in British Columbia manufactured tobacco marked for sale in Ontario in contravention of the Excise Tax Act, R.S.C. 1985, c.E-15;

(d) possessing tobacco for an unlawful purpose, in contravention of the Tobacco Tax Act;

(e) providing seating for twelve persons without a development permit for that seating, in contravention of the Zoning and Development By-law of the City of Vancouver;

(f) selling, permitting the sale of or failing to prevent the sale of products capable of being used as alcohol substitutes to persons under the influence of alcohol for consumption as alcoholic beverages;

(g) selling, permitting the sale of or failing to prevent the sale of illicit drugs on the licensed premises;

to the detriment of the safety and well-being of the public.

Ms Kinahan advised that allegation (f) regarding the sale of products capable of being used as alcohol substitutes (cooking wine) had been dropped due to a lack of supporting evidence.

In support of the remaining allegations set out in the above-noted reports and evidence, Ms. Kinahan called the following witnesses:

· PC 1452 Bruce Russell Fostvelt
· PC 1382 Randy Steven Joseph Regush

· PC 1181 Peter Murray Sadler
· Paul Teichroeb, Chief License Inspector
· PC 1091 Terry Kent Maurer
· PC 1857 Callum Douglas McIntosh

Mr. Moozhayil, with the aid of the interpreter, also directed questions to the witnesses.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in the evidence package, except for the allegation regarding the sale of cooking wine, and sets out the legal test for Council to apply in determining whether or not a 2000 Business License should be issued to Mr. James Sabation Moozhayil, doing business as Star City Grocery, 356 Powell Street, Vancouver, B.C.

Mr. Moozhayil, through the interpreter, submitted that he had for a time sold single cigarettes, cooking wine, and cigarettes with Ontario tax labels, which he sold in order to compete with other stores in the area who were also selling such cigarettes. He further submitted that he had not been involved in the selling of illicit drugs from the store, although he was aware of people selling drugs outside the store, who would come into the store to purchase food and beverage items or use the telephone. He further advised he would not sell any illegal items from the store if he were issued a 2000 license.

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members noted that evidence concerning the selling, permitting the sale of, or failing to prevent the sale of illicit drugs on the licensed premises was not strong enough to support the allegation. Also noted, however, was the applicant's demonstrated lack of respect for the law as evidenced by the history of selling single cigarettes, cigarettes on which the BC tax had not been paid, and cigarettes bearing the Ontario Tax label, as set out above, which warranted a 2000 business license not be granted to the applicant.

The Chair agreed with Panel members' comments regarding the applicant's history of allegations regarding the selling of illegal cigarettes. He noted further, however, that he did not concur with the decision not to grant a 2000 business license, but felt that a six month suspension of a business license would be appropriate given the circumstances.

MOVED by Cllr. Don Lee,

A. THAT a 2000 business license not be issued to the Applicant, James Sabation Moozhayil, doing business as Star City Grocery, 356 Powell Street, Vancouver, B.C. because the Applicant has failed to properly manage the Business premises by:

(a) purchasing, being in possession of and offering for sale tobacco that does not bear the prescribed mark or stamp indicating that provincial tax imposed on the tobacco has been accounted for, in contravention of the Tobacco Tax Act, R.S.B.C. 1996, c. 452;

(b) selling single cigarettes from an open package in contravention of the Tobacco Sales Act, R.S.B.C. 1996, c. 451;

(c) selling or offering for sale in British Columbia manufactured tobacco marked for sale in Ontario in contravention of the Excise Tax Act, R.S.C. 1985, c.E-15;
(d) possessing tobacco for an unlawful purpose, in contravention of the Tobacco Tax Act.

to the detriment of the safety and well-being of the public.

- CARRIED

(Councillor Puil opposed)

The Business License Hearing adjourned at 8:55 p.m.

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(c) 1998 City of Vancouver