Business License Hearing Minutes - April 4, 2000 (The Gourmet Shop)

CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

APRIL 4, 2000

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, April 4, 2000, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to determine whether or not a City of Vancouver business license for the year 2000 ought to issue to Elena Bruzzese, doing business as The Gourmet Shop (the “Applicant”), for the business premises located at 3885 Rupert Street, Vancouver, British Columbia (the “Premises”).

PRESENT:	Mayor Philip Owen, Chair Councillor Jennifer Clarke Councillor Daniel Lee
CITY CLERK’S OFFICE:	Lori Isfeld, Meeting Coordinator

1. The Gourmet Shop File: 2711-28

3885 Rupert Street

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

Council Resolution of September 21, 1999
Business License Application dated September 27, 1999
Handwritten letter to Paul Teichroeb from Salvatore Bruzzese, dated September 27, 1999
Property Use Inspection Report dated October 12, 1999
Letter from P. Teichroeb to Shiu K. So and Lin H. So, re 3883-3885 Rupert Street, dated October 15, 1999

Clause No. 1 (cont’d)

Minutes of Special Council Meeting dated October 20, 1999
Handwritten letter to “Mike” from “Elena” dated November 4, 1999
Letter from P. Teichroeb to Shiu K. So and Lin H. So, re 3883-3885 Rupert Street, dated November 9, 1999
Business License “Pre” Application Information Sheet dated December 15, 1999
Letter from Elena Bruzzese to Barb Windsor, Deputy Chief License Inspector, dated December 20, 1999
Letter from P. Teichroeb to Shiu K. So and Lin H. So, re 3883-3885 Rupert Street, dated January 6, 2000
Letter from P. Teichroeb, Chief License Inspector, dated January 21, 2000

2. Affidavit of Barbara D. Windsor, Chief License Inspector

3. Affidavit of Anna Seto

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Ms. Elena Bruzzese, Applicant, represented herself.

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 an Affidavit of the Deputy Chief License Inspector, police reports, reports from the Vancouver Health Board, reports of Property Use Inspectors, written complaints and a petition from neighbours which were considered by the Deputy Chief License Inspector in referring this application to Council, a letter 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) selling or permitting the sale of liquor on the premises without having a liquor license, in contravention of the provisions of the Liquor Control and Licensing Act, R.S.B.C. 1996, c.267;

(b) permitting or failing to prevent smoking on the premises in contravention of the Smoking By-law of the City of Vancouver;

Clause No. 1 (cont’d)

(d) carrying on the business of a billiard hall without a Development Permit in contravention of the Zoning and Development By-law of the City of Vancouver; and

(e) failing to control the conduct of patrons on the business premises;

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

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

… Barb Windsor, Deputy Chief License Inspector
…
Chris Taulu, Executive Director, Collingwood Community Policing Centre

Ms. Bruzzese, on behalf of herself, also directed questions to the witnesses, and submitted for the Panel’s consideration a package containing a list outlining proposed merchandise, hours of operation, etc., and copies of a petition and letters from customers in support of her business. Ms. Bruzzese urged the Panel to allow her the opportunity to start over, and expressed her willingness to comply with the regulations set out by City staff.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in the Affidavit of the Deputy Chief License Inspector, police reports, reports from the Vancouver Health Board, reports of Property Use Inspectors, written complaints and a petition from neighbours which were considered by the Deputy Chief License Inspector in referring this application to Council, a letter from the Chief License Inspector, the evidence of witnesses, and the letter to the Applicant dated March 14, 2000, and set out the legal test for Council to apply in determining whether or not a 2000 Business License should be issued to Ms. Bruzzese, doing business as The Gourmet Shop, 3885 Rupert Street, Vancouver, B.C.

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members noted the applicant's demonstrated history of allegations as set out above, the negative impact the business has created in the neighbourhood, and the applicant’s failure to understand the operating and licensing requirements for her business.

Clause No. 1 (cont’d)

MOVED by Cllr. Clarke,

THAT a 2000 business license not be issued to the Applicant, Ms. Elena Bruzzese, doing business as The Gourmet Shop, 3885 Rupert Street, Vancouver, B.C. because the Applicant has failed to properly manage the Business premises by:

(a) selling or permitting the sale of liquor on the premises without having a liquor license, in contravention of the provisions of the Liquor Control and Licensing Act, R.S.B.C. 1996, c.267;

(b) permitting or failing to prevent smoking on the premises in contravention of the Health By-law of the City of Vancouver;

(d) carrying on the business of a billiard hall without a Development Permit in contravention of the Zoning and Development By-law of the City of Vancouver;

(e) failing to control the conduct of patrons on and adjacent to the business premises;

(f) failing to maintain the exterior of the business premises in a clean and sanitary condition;

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

- CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 11:00 a.m.

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