CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

JULY 11, AND 24, 2000

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, July 11, 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 be issued to Samad Ali Rassuli, Fatima Rassuli, Mohammad Raza Mehri, Quasim Ali Rassuli and 110 Ventures Ltd., doing business as Diamond Fast Foods Ltd., for the business premises located at 165 East Hastings Street, Vancouver, British Columbia. Subsequently the Hearing was recessed, and reconvened at 1:30 p.m. on July 24, 2000. The Minutes have been consolidated for ease of reference.

1. Diamond Fast Foods Ltd. File: 2711-27

165 East Hastings 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
Revised Notice of Hearing

1. Permits and Licenses Department Records

1998 Business License for Diamond Fast Food, 165 East Hastings Street
Certification of Incorporation of 110 Ventures Ltd.
Memo dated November 25, 1998, from PC1618 Fedirchuk, Vancouver Police

Department, to Paul Teichroeb, Chief License Inspector, re Diamond Fast Food

Handwritten memo dated November 24, 1998, from PC 1859 Pagliericci, Vancouver

Police Department, to District 2 P.O.P.

1999 Business License for Diamond Fast Food, 165 East Hastings Street, Vancouver

Company Search of Diamond Fast Food Ltd., dated September 29, 1999

Memo dated October 29, 1999, from PC1618 Fedirchuk, Vancouver Police Department, to Barb Windsor, Deputy Chief License Inspector, re Diamond Fast Food
Letter dated November 8, 1999, from B. Windsor, Deputy Chief License Inspector, to Diamond Fast Food
Property Use Inspection Report dated November 12, 1999, re Diamond Fast Food
Handwritten notes dated November 15, 1999
Handwritten notes dated November 15, 1999
Letter dated November 24, 1999, from Paul Teichroeb, Chief License Inspector, to

Samad Ali Rassuli and Fatima Rassuli, Diamond Fast Food

Letter dated December 7, 1999, from Jonathan Baker, Jonathan Baker & Company, to Paul Teichroeb, Chief License Inspector
Letter dated December 7, 1999, from Jonathan Baker, Jonathan Baker & Company, to Paul Teichroeb, Chief License Inspector
Letter dated December 10, 1999, from Paul Teichroeb, Chief License Inspector, to

Jonathan Baker, Jonathan Baker & Company

License Bill dated December 10, 1999, in the amount of $332.00, re Diamond Fast Food Cheque dated December 10, 1999, in the amount of $332.00, from Diamond Fast Food
Business Pre-Application Information Sheet dated December 10, 1999, from Samad Ali Rassuli re Diamond Fast Food
Business Pre-Application Information Sheet dated December 10, 1999, re 110 Ventures Ltd., with attached Company Search of 110 Ventures Ltd.
Letter dated January 14, 2000, from P. Teichroeb, Chief License Inspector, to Samad Ali Russuli and Fatima Rassuli

2. Vancouver Police Department Reports

Police Report, Case No. 98-276424, dated November 24, 1998
Police Report, Case No. 98-284083, dated December 4, 1998
Police Report, Case No. 99-125554, dated June 10, 1999
Police Report, Case No. 99-168878, dated July 30, 1999
Police Report, Case No. 99-170298, dated August 1, 1999
Police Report, Case No. 99-181085, dated August 12, 1999
Police Report, Case No. 99-195087, dated August 18, 1999
Police Report, Case No. 99-197601, dated August 31, 1999
Memo dated August 28, 1999, from PC 1775 Spearn and PC 1762 Laing to D2 POP

Coordinator, re Diamond Fast Food

Police Report, Case No. 99-202869, dated September 6, 1999
CAD Printout, Case No. 99-215658, dated September 21, 1999
Police Report, Case No. 99-218258, dated September 24, 1999
Police Report, Case No. 99-218368, dated September 24, 1999

CAD Printout, Case No. 99-218181, dated September 24, 1999

Police Report, Case No. 99-223286, dated September 30, 1999
Police Report, Case No. 99-233787, dated October 12, 1999
Police Report, Case No. 99-234591, dated October 13, 1999
Police Report, Case No. 99-252261, dated November 3, 1999
Police Report, Case No. 99-252206, dated November 3, 1999
Police Report, Case No. 99-256001, dated November 8, 1999
Police Report, Case No. 99-263701, dated November 18, 1999
Police Report, Case No. 00-2373, dated January 4, 2000

Police Report, Case No. 00-22183, dated January 29, 2000
Police Report, Case No. 00-23031, dated January 30, 2000
Police Report, Case No. 00-39714, dated February 20, 2000
Police Report, Case No. 00-41877, dated February 23, 2000

Memo to Chief License Inspector, dated March 3, 2000
Police Report, Case No. 00-51036, dated March 6, 2000
Letter dated March 21, 2000, from Ron Smith, Auditor, Ministry of Finance and

Corporate Relations, to Constable Jill Fedirchuk

Police Report, Case No. 00-65561, dated March 24, 2000
Police Report, Case No. 00-85862, dated April 19, 2000
Police Report, Case No. 00-110422, dated May 20, 2000
Police Report, Case No. 00-113767, dated May 24, 2000
Police Report, Case No. 00-113779, dated May 24, 2000
Police Report, Case No. 00-120398, dated June 1, 2000
Police Report, Case No. 00-120400, dated June 1, 2000
Police Report, Case No. 00-140789, dated June 25, 2000
Police Report, Case No. 00-141725, dated June 26, 2000
Police Report, Case No. 00-142293, dated June 27, 2000
Report authored by PC Jill Fedirchuk, dated July 3, 2000

Catherine Kinahan, Corporation Counsel, was present on behalf of the City on July 11, 2000, and Derek Creighton, Corporation Counsel, was present on behalf of the City on July 24, 2000. Applicants Mohammad Raza Mehri and Quasim Ali Rassuli, on behalf of Diamond Fast Foods Ltd., with the aid of an interpreter, were represented by Jonathan Baker and Julienne Hills of Jonathan Baker & Associates, Barristers and Solicitors.

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

(a) failing to control the conduct of patrons on the Licensed Premises;

(b) permitting or failing to prevent trafficking of illicit drugs on the Licensed Premises;

(c) permitting or failing to prevent smoking on the Licensed Premises;

(d) 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;

(e) selling cigarettes on the Licensed Premises without a dealer’s permit in contravention of the Tobacco Tax Act, R.S.B.C. 1996, c. 452; and

(f) causing a drain on police resources;

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 and Mr. Creighton called the following witnesses:

… PC 1808 Rob Feenan

… PC 1607 Mark Steinkampf
… PC 1618 Jill Fedirchuk
… PC 1452 Rusty Fostvelt
… PC 1949 Fiona Wilson-Bates
… PC 1547 Terry Kondo
… PC 1216 Robert Dalla Zanna

… PC 1886 Rob Mangat
… PC 1857 Cal MacIntosh
… PC 1859 Gino Pagliericci
… PC 1414 Geoff Gaudette

… PC 1589 Wayne Windrim

… PC 1775 Bill Spearn

… Paul Teichroeb, Chief License Inspector

Mr. Baker and Ms. Hills also directed questions to the witnesses.

Mr. Baker and Ms. Hills then called the following witnesses:

… Mohammad Raza Mehri
… Quasim Ali Rassuli

Mr. Baker and Ms. Hills submitted that requesting drug dealers to leave the premises is ineffective and dangerous, and that calling 911 is ineffective because drug transactions happen so quickly. Mr. Baker requested that direction to enable the applicant to operate the business in a way that meets with City policy be provided rather than closing the business down.

Mr. Creighton submitted that the evidence presented at this Hearing accords with the allegations as set out in police reports and letters relied on by the Chief License Inspector in referring this matter to Council, the evidence of witnesses, and the letter to the applicant dated May 5, 2000, and set out the legal test for Council to apply in determining whether or not a City of Vancouver business license for the year 2000 ought to be issued to Samad Ali Rassuli, Fatima Rassuli, Mohammad Raza Mehri, Quasim Ali Rassuli and 110 Ventures Ltd., doing business as Diamond Fast Food Ltd., for the business premises located at 165 East Hastings Street, Vancouver, British Columbia.

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 on the neighbourhood, the applicant’s failure to control or operate the business in a responsible manner, and the applicant’s demonstrated lack of cooperation and respect towards police and other City staff.

MOVED by Cllr. McCormick,

THAT a 2000 Business License not be issued to the applicant, Samad Ali Rassuli, Fatima Rassuli, Mohammad Raza Mehri, Quasim Ali Rassuli and 110 Ventures Ltd., doing business as Diamond Fast Food Ltd., 165 East Hastings Street, because the applicant has failed to properly manage the premises by:

(a) failing to control the conduct of patrons on the Licensed Premises;

(b) permitting or failing to prevent trafficking of illicit drugs on the Licensed Premises;

(c) permitting or failing to prevent illegal substances from being on the Licensed Premises;

(d) permitting or failing to prevent smoking on the Licensed Premises;

(e) being in possession of 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;

(f) being unwilling to employ strategies suggested by police and other City staff to deal with the above problems; and

(g) causing a significant drain on police and other City resources;

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

- CARRIED UNANIMOUSLY

The Business License Hearing Panel recessed at 12:35 p.m. on July 11, 2000

and

adjourned at 5:15 p.m. on July 24, 2000

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