CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

April 9, 2002

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, April 9, 2002, 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 2002, should be issued to the Applicant, Dara Ali Abdollah, doing business as Media Grocery, for business premises located at 784 East Hastings Street, Vancouver, British Columbia.

PRESENT:	Councillor George Puil, Chair Councillor Fred Bass Councillor Don Lee
CITY CLERK'S OFFICE:	Nancy Largent, Meeting Coordinator

1. 784 East Hastings File: 2711-47

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:

Notice of Hearing

Tab
1 Permits and Licenses Department

Business License Plan dated April 2, 2001
Application for Business License dated April 2, 2001
Copy of Drivers License of Dara Ali Abdollah
2001 Business License dated May 7, 2001
Handwritten notes dated June 27, 2001
Letter to Dara Abdollah from P. Teichroeb dated July 12, 2001
Business License Information Sheet dated August 15, 2001
Letter to Dara Ali Abdollah from B. Windsor dated February 25, 2002
Letter to B. Windsor from Dara Ali Abdollah dated February 27, 2002
Letter to Dara Ali Abdollah from B. Windsor dated March 1, 2002
Property Use Inspection Report #UI 16809 dated March 6, 2002

2 Police Department

General Occurrence Report #GO000115777-2001, dated June 6, 2001
Report #GO2002-23336 dated January 26, 2002
Report #GO2002-25997 dated January 29, 2002
Report #GO2002-31106 dated February 5, 2002
Report #GO2002-36519 dated February 12, 2002
Report #GO2002-42080 dated February 20, 2002

Additional documents submitted at the Hearing (on file in the City Clerk's Office):

· Memo to Paul Teichroeb, Chief License Inspector, from Constable Jill Proctor, District 2 POP Coordinator, dated March 25, 2002
· PC 1690 report # 02-23336 dated January 25, 2002
· PC 1690 report # 02-25997 undated
· PC 1690 report # 02-2531106 undated
· PC 1690 report # 02-36519 undated
· PC 1690 report # 42080 dated February 20, 2002

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Ms. Kinahan introduced applicant Dara Ali Abdollah. Mr. Abdollah represented himself.

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) permitting or failing to prevent the sale and purchase of illicit drugs on the licensed premises; and

(b) causing a drain on police and City resources.

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
· Constable 1618 Jill Proctor
· Constable 1690 Leah Terpsma

Mr. Abdollah declined the opportunity to direct questions to the witnesses.

Mr. Abdollah submitted that he did not recall selling cocaine at any time, despite allegations to that effect, or permitting it to be sold. Questioned by the Panel, Mr. Abdollah did not deny any allegations, and agreed it would not be appropriate for a businessman to sell or purchase illicit drugs. Mr. Abdollah also responded to questions about his previous work experience and the recent sale of his business, and stated that he no longer wishes to obtain a 2002 business license because he no longer wishes to do business on East Hastings Street.
No witnesses were called by Mr. Abdollah.

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, Dara Ali Abdollah, doing business as Media Grocery, for business premises located at 784 East Hastings Street, Vancouver, British Columbia.

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members observed that the Applicant had failed to properly manage the building, and had clearly sold cocaine on the premises. The Panel felt that there was little likelihood the applicant would manage a business better in the future. The Panel noted that previous businesses located at this address had also been problem businesses, and that the property owner had been unresponsive to the City in dealing with this matter.

MOVED by Councillor Bass

THAT a 2002 business license not be issued to the Applicant, Dara Ali Abdollah, doing business as Media Grocery, for business premises located at 784 East Hastings Street, Vancouver, British Columbia, because the Applicant has failed to properly manage the Licensed Premises by:

(a) taking part in, permitting or failing to prevent the sale and purchase of illicitdrugs on the licensed premises; and

(b) failing to provide any assurance that the business will be properly managed in future and the sale of drugs prevented;

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

Amended

AMENDMENT MOVED by Councillor Don Lee

That the following clause (c) be inserted in the foregoing motion after clause (b):

(c) causing a drain on police and City resources.

CARRIED
(Councillor Bass opposed)

MOTION AS AMENDED

THAT a 2002 business license not be issued to the Applicant, Dara Ali Abdollah, doing business as Media Grocery, for business premises located at 784 East Hastings Street, Vancouver, British Columbia, because the Applicant has failed to properly manage the Licensed Premises by:

(a) taking part in, permitting or failing to prevent the sale and purchase of illicit drugs on the licensed premises; and

(b) failing to provide any assurance that the business will be properly managed in future and the sale of drugs prevented;
(c) causing a drain on police and City resources;

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

CARRIED
[Councillor Bass opposed to (c)]

MOVED by Councillor Don Lee

THAT the Chief License Inspector be instructed to refer any future business license application regarding 784 East Hastings Street to City Council for decision, and that the property owner and the applicant be required to attend; and

FURTHER THAT the Chief License Inspector be instructed to refer any future business license application by Dara Ali Abdollah to City Council for decision.

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 10:25 a.m.

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(c) 1998 City of Vancouver