CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

June 11, 2002

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, June 11, 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 the Applicant, Mohammed Namazi, doing business as Shaheen Grocery, for business premises located at 418 Abbott Street, Vancouver, British Columbia.

PRESENT:	Councillor Gordon Price, Chair Councillor Don Lee Councillor Sam Sullivan
CITY CLERK'S OFFICE:	Nancy Largent, Meeting Coordinator

1. 418 Abbott Street (Shaheen Grocery) File: 2711-48

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 Licenses and Inspections Department - 415 Abbott Street

1999 Business License dated January 4, 1999
2000 Business License dated December 23, 1999
Letter to Kami Monavari from P. Teichroeb dated March 29, 2000
Letter to Ghollam Abdollhijan and Kami Monavari from P. Teichroeb dated July 10, 2000
Handwritten notes dated September 1, 2000

Letter to Vancouver City Hall from Kami Monavari and Ghollam Abdollahijan dated September 8, 2000

Letter to Roshanak Abdollhijan from B. Windsor dated September 15, 2000
2000 Business License dated September 15, 2000

2 Licenses and Inspections Department - 2001 Application 418 Abbott Street

Handwritten notes dated January 18, 2001
2001 Business License dated January 19, 2001
Application for Transfer dated January 19, 2001
Letter to Mohammad Taghi Kazemi from B. Windsor dated January 23, 2001
2001 Business License dated January 23, 2001

3 Licenses and Inspections Department - 2002 Application 418 Abbott Street

Application for Transfer dated March 12, 2002
Application for Business License by Kami Monavari dated March 12, 2002
Business License Plan dated March 12, 2002
Application for Business License by Mohammad Namazi dated March 12, 2002
Police Background Check
Handwritten notes dated April 11, 2002
Letter to Mohammad Namazi from P. Teichroeb dated April 16, 2002
Letter to P. Teichroeb from Mohammad Namazi dated April 19, 2002
Handwritten notes dated May 7, 2002
Letter to Barb Windsor from Mohammad Namazi dated May 11, 2002

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

· E-mail to B. Windsor from J. Proctor dated June 10, 2002;
· E-mail to B. Windsor from J. Proctor dated June 10, 2002;
· E-mail to B. Windsor from J. Proctor dated June 8, 2002;
· Property Use Inspection Report dated May 22, 2002;
· Letter from B. Windsor to M. Namazi dated May 23, 2002;
· Property Use Inspection Report dated May 24, 2002.

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Ms. Kinahan introduced applicant Mohammed Namazi, Charles Anderson, counsel for the applicant, and Ben Shirazi, certified Farsi/English interpreter, who provided interpretation services.

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, Police reports, correspondence from and to the Deputy Chief License Inspector and from theChief License Inspector, and the evidence of witnesses, which sets out the allegations that
the applicant has

(a) sold tobacco without a permit in contravention of the Tobacco Tax Act, RSBC 1996, C. 452;

(b) sold cigarettes from an opened package in contravention of the Tobacco Sales Act, RSBC 1996, C. 451;

(c) sold tobacco which did not bear the prescribed mark or stamp indicating that tax imposed on the tobacco had been accounted for in contravention of the Tobacco Tax Act, RSBC 1996, C. 452;

(d) sold liquor without a license in contravention of the Liquor Control and Licensing Act, RSBC 1996, C. 267;

(e) dealt in second hand goods without being the holder of a Second Hand Dealers License in contravention of the License By-law of the City of Vancouver; and

(f) the application is a sham or subterfuge to obtain a business license for another individual, KAMI MONAVARI.

Ms. Kinahan also drew the Panel's attention to the additional documents submitted. The Property Use Inspector's reports indicate that, in addition to the above allegations, the applicant was carrying on business without a business license in contravention of section 3.1 of the License By-law. Police evidence forwarded by Constable # 1618 Jill Proctor indicates that the applicant also sold cigarettes from an opened package in contravention of the Tobacco Sales Act, RSBC 1996, C. 451, as well as other allegations. Ms. Kinahan advised that the Property Use Inspector was present to testify. However, should the Panel wish to hear testimony from the police officers, it would be necessary to adjourn the hearing to a future date.

Mr. Anderson advised he did not require an opportunity to cross-examine the police officers. However, should the Panel wish to hear their testimony, he requested that the Business License Hearing be adjourned at this point in the proceedings to allow him additional time to prepare, as he had been retained only the evening before.

The Chair ascertained that the Panel did not consider it necessary to hear testimony from the police officers, and asked if Mr. Anderson was prepared to proceed at this time or was requesting an adjournment. Mr. Anderson confirmed that he was prepared to proceed at this time. The Business License Hearing continued accordingly.

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;
· Loris Volpe, Property Use Inspector.

Mr. Anderson also directed questions to Ms. Windsor.

The following evidence was submitted by the applicant's counsel (on file in the City Clerk's Office):

· sworn affidavit from Mohammed Namazi dated June 11, 2002;
· Assignment/Amendment of Lease by Tenant with Landlord's Consent dated April 1, 2002, between Central City Mission Foundation (Landlord), Mohammed T. Kazami (Tenant); and Mohammed Namazi and Kami Monavari (Assignee);
· receipts for BC Hydro bills dated March 26, April 28 and May 28, 2002;
· rent receipts dated April 2, May 31, and June 3, 2002.

Mr. Anderson submitted that a refusal would be based on old incidents and incidents involving Kami Monavari. The affidavit was read, relating the applicant's personal and employment history, and the pressure of personal circumstances which lead him to exercise poor judgment previous to this application. Mr. Monavari loaned the applicant money to buy the business at 418 Abbott Street, but has no other involvement with the business. His name is on the lease only to ensure re-payment. Mr. Namazi has recently re-married, asks for the chance to make his own money, and undertakes to restrict Mr. Monavari's involvement as much as possible.

Mr. Anderson called Mohammed Namazi as a witness. (Mr. Shirazi interpreted the proceedings.) Mr. Namazi denied that he knowingly operated the business without a license, or that he sold single cigarettes to undercover police officers. The store was open only because he was checking on the premises and preparing for health and fire inspections, without any intention to carry on business. Loose cigarettes are kept in the cash register area to offer to friends. Mr. Namazi responded to questions from the Panel regarding various allegations, provided details about the lease arrangement, reiterated that he will be the operator of the premises and will restrict Mr. Monavari's activities, and will get out of the lease altogether if the Panel so wishes. On cross examination , when asked why police would report the sale of tobacco and other items if it did not occur , Mr. Namazi resiled from his earlier position and stated that he did not recall selling cigarettes or other items to undercover officers .

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 applyin determining whether or not a City of Vancouver business license for the year 2002 ought to be issued to the Applicant, Mohammed Namazi, doing business as Shaheen Grocery, for
business premises located at 418 Abbott Street, Vancouver, British Columbia. Ms. Kinahan also advised that as a party to the lease, Mr. Monavari has a legal right to be on the premises.

Mr. Anderson responded that Mr. Namazi has not been convicted of any offense and is looking for a new chance. The applicant understands that if he is granted a license, there will probably be conditions and he will be a licensee subject to good behaviour. Steps can be taken to restrict Mr. Monavari's access or even remove him from the lease. Mr. Anderson requested the Panel to approve a license with restrictions similar to those placed on 415 Abbott Street.

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members noted the applicant's past history of poor business management with concern, and observed that he has replicated old mistakes. The Panel observed that the applicant clearly operated the business at 418 Abbott Street without a license, and sold single cigarettes to undercover police officers. The Panel did not consider the applicant's explanations credible.

MOVED by Councillor Sullivan

THAT a 2002 business license not be issued to the Applicant, Mohammed Namazi, doing business as Shaheen Grocery, for business premises located at 418 Abbott Street, Vancouver, British Columbia, because:

(a) the Panel is concerned that the Applicant has demonstrated poor judgment in past business practices in that the Applicant has:

(i) sold tobacco without a permit in contravention of the Tobacco Tax Act, RSBC 1996, C. 452;

(ii) sold cigarettes from an opened package in contravention of the Tobacco Sales Act, RSBC 1996, C. 451;

(iii) sold tobacco which did not bear the prescribed mark or stamp indicating that tax imposed on the tobacco had been accounted for in contravention of the Tobacco Tax Act, RSBC 1996, C. 452;

(iv) sold liquor without a license in contravention of the Liquor Control and Licensing Act, RSBC 1996, C. 267;

(v) dealt in second hand goods without being the holder of a Second Hand Dealers License in contravention of the License By-law of the City ofVancouver; and

(b) since applying for a business license for the premises located at 418 Abbott Street, the Applicant has operated the business without holding a subsisting business license in contravention of section 3.1 of the License By-law of the City of Vancouver; and

(c) sold cigarettes from an opened package in contravention of the Tobacco Sales Act, RSBC 1996, C. 451; and

(d) that the application is a sham or subterfuge to obtain a business license for another individual, KAMI MONAVARI.

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 11:55 a.m.

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(c) 1998 City of Vancouver