CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

JANUARY 22, 2002

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, January 22, 2002, in the Council Chamber, Third Floor, City Hall, commencing at 10:00 a.m., to determine whether or not a City of Vancouver business license for the year 2002, should be issued to Romeo Joel, doing business as WBC Grocery, 356 Powell Street, Vancouver, British Columbia.

PRESENT:	Councillor Lynne Kennedy, Chair Councillor Don Lee Councillor Tim Louis
CITY CLERK'S OFFICE:	Lori Isfeld, Meeting Coordinator

1. WBC Grocery - 356 Powell Street File: 2711-43

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

1999 Business License dated March 17, 1999
Handwritten notes dated May 17, 1999
Letter to James Moozhayil from Paul Teichroeb dated June 8, 1999
Letter to Permits and Licenses from James Moozhayil dated June 9, 1999
Letter to James Moozhayil from Paul Teichroeb dated June 18, 1999
Letter to James Moozhayil from Paul Teichroeb dated October 27, 1999

Memo to Catherine Kinahan and Barb Windsor from Cst. Jill Fedirchuk, Vancouver Police Department dated October 29, 1999
Letter to Barb Windsor from James Moozhayil dated January 15, 2000
Letter to James Moozhayil from Director of Legal Services dated January 22, 2000
Business License Hearing Council Decisions dated February 17, 2000
Letter to James Moozhayil from Paul Teichroeb dated February 23, 2000
Lease dated February 19, 2001
Letter to Barb Windsor from James Moozhayil dated February 22, 2001
Handwritten notes dated March 12, 2001
Business License - Business Plan (Retail) dated March 16, 2001
Application for Business License dated March 16, 2001
Letter to James Moozhayil from Paul Teichroeb dated March 16, 2001
Letter to James Moozhayil from Barb Windsor dated April 6, 2001
2001 Business License dated April 10, 2001
Lease dated August 7, 2001
Business License Information Sheet dated August 13, 2001
Application for Business License dated August 13, 2001
Handwritten notes dated August 16, 2001
Letter to "Whom this may concern" from James Moozhayil dated August 17, 2001
License Form dated August 21, 2001
Letter to James Moozayil from Barb Windsor dated August 29, 2001
Handwritten notes dated August 31, 2001
Business Number Form from Canada Customs and Revenue Agency dated
August 31, 2001
E-mail to Rosemary Hagiwara from Val Woollacott dated September 1, 2001
Property Tax Inquiry dated September 4, 2001
Letter to James Moozayil from Barb Windsor dated September 4, 2001
Business Name Registration Form dated September 7, 2001
Complaint Form dated September 12, 2001
Business License - Business Plan (Retail) dated October 1, 2001
2001 Business License dated October 1, 2001
Letter to Romeo Joel from Barb Windsor dated November 13, 2001
Property Use Inspection Report No. UI15907 dated November 13, 2001
Letter to Romeo Joel from Barb Windsor dated November 16, 2001
Property Use Inspection Report No. UI15931 dated November 16, 2001
Letter to City Clerk from Romeo Joel dated November 27, 2001
Letter to Romeo Joel from Barb Windsor dated December 7, 2001
Property Use Inspection Report No. UI16091 dated December 7, 2001

2 Police Department

Police Report dated from July 5, 2001 to July 9, 2001
Photos
Special Retail Investigation Unit dated October 24, 2001
Anti-Fencing Unit - Property Crime Unit dated October 24, 2001
Memo to Guy Gusdal from Det/Cst. V. Woollacott dated October 24, 2001
Photos

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Mr. Romeo Joel, represented himself, and was accompanied by Dr. K.K. Wan, who also addressed the Panel.

Ms. Kinahan noted this matter had been referred to City Council by the Chief License Inspector pursuant to section 4(2a) of the License By-law and that proceedings were taking place pursuant to Section 278 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 Permits, Inspection Reports, photographs, Police reports, correspondence from and to the Deputy Chief License Inspector and from the Chief License Inspector, and the evidence of witnesses, which sets out the allegations that the Applicant is likely to carry on business to the detriment of the safety and well being of the public by:

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

(b) permitting or failing to prevent the purchase and sale of secondhand or stolen

property on the Licensed Premises;

(c) permitting or failing to prevent the sale of single cigarettes on the Licensed

Premises; and

(d) causing a drain on police and city resources;

thereby carrying on business to the detriment of the safety and well-being of the public.

Ms. Kinahan also pointed out the Applicant had breached the Zoning By-law because an employee had been living on the premises, and noted the possibility of the application being a sham or subterfuge designed to circumvent an earlier decision of Council or the Chief License Inspector.

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

· Barbara Windsor, Deputy Chief License Inspector
· Steve Posein, Special Retail Investigation Unit
· Detective Constable Val Woollacott
· John Chadwick, Property Use Inspector

Mr. Joel and Dr. Wan also directed questions to the witnesses.

Mr. Joel submitted that he had no knowledge of employee James Moozhayil's conduct and didn't realize the severity or repercussions associated with the situation. Mr. Joel assured the Panel Mr. Moozhayil's employment had been terminated. He also noted that he had hired someone to run his laundry business on Main Street, which would allow more time to concentrate on his grocery store. Mr. Joel admitted he had made mistakes and urged the Panel to give him a second chance because he was now in a position to operate the business properly.

Dr. K.K. Wan, former owner of the property, agreed with the Chief License Inspector's decision to impose a suspension to demonstrate the seriousness of the situation. However, he submitted Mr. Joel should be given a second chance to prove his ability to run the business properly and that he could begin by providing Council with a business plan. Dr. Wan also pointed out the importance of retaining businesses in the Downtown Eastside, and that Mr. Joel would be facing financial difficulty and bankruptcy with the closure of his store.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in the evidence briefs, and sets out the legal test for the Panel to apply in determining whether or not a City of Vancouver business license for the year 2002 ought to be issued to the applicant, Romeo Joel, doing business as WBC Grocery, 356 Powell Street, Vancouver, British Columbia.

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members observed that the Applicant had not heeded previous warnings and had failed to address issues outlined by the Chief License Inspector. The Panel also noted Mr. Joel's demonstrated lack of control and responsibility for the operation of his business.

MOVED by Councillor Louis

THAT a 2002 business license not be issued to the Applicant, Romeo Joel, doing business as WBC Grocery, 356 Powell Street, Vancouver, B.C., because the Applicant has failed to properly manage the Licensed Premises by:

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

(b) permitting or failing to prevent the purchase and sale of secondhand or stolen property on the Licensed Premises;

(c) permitting or failing to prevent the sale of single cigarettes on the Licensed Premises; and

(d) causing a drain on Police and City resources

thereby carrying on business to the detriment of the safety and well-being of the public.

FURTHER THAT should the Licensee apply for any future business license in the City of Vancouver, apart from a license for his existing laundry business, the application is to be referred to a City of Vancouver Business License Hearing Panel.

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 11:42 a.m.

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(c) 1998 City of Vancouver