Agenda Index City of Vancouver

 


CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

SEPTEMBER 19, 2002

A Business License Hearing of the Council of the City of Vancouver was held on Thursday, September 19, 2002, in the Council Chamber, Third Floor, City Hall, commencing at 7:30 p.m., regarding the hearing of the appeal from the suspension by the Chief License Inspector of the 2002 City of Vancouver business license granted to Mehdi Mohammadi, doing business as Hitech Buy and Sell, for business premises located at 328 Carrall Street, Vancouver, British Columbia.

PRESENT:

Councillor Jennifer Clarke, Chair
Councillor Daniel Lee
Councillor Sam Sullivan

CITY CLERK'S
OFFICE:

Laura Kazakoff, Meeting Coordinator

1. Hitech Buy and Sell (328 Carrall Street) File: 2711-51

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

Police Background Check dated April 17, 2002
Copy of Photo Identification of Mehdi Mohammadi
Business Plan dated May 9, 2002
2002 Business License #02-455630 dated May 9, 2002
2002 Business License #02-455632 dated May 9, 2002
Letter to Mehdi Mohammadi from B. Windsor dated June 20, 2002
Property Use Inspection Report #UI 17673 dated June 21, 2002
Handwritten notes dated June 25, 2002
Letter to Mehdi Mohammadi from P. Teichroeb dated July 8, 2002
Letter to B. Windsor from Mehdi Mohammadi dated July 15, 2002
Letter to Mehdi Mohammadi from B. Windsor dated July 18, 2002

2 Police Department

General Occurrence Report #GO2002-103057 dated May 10, 2002
Violation of Secondhand / Pawnbrokers Dealers By-law Form #GO2002-103057 dated June 18, 2002

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

· Excerpt from the City of Vancouver - Secondhand Dealers and Pawnbrokers By-law No. 2807
· Affidavit of Police Constable David Laing
· Affidavit of Police Constable Denise Taylor
· Affidavit of Police Sergeant Douglas Fisher
· Property Use Inspection Report by Loris Volpe, Property Use Inspector, dated September 16, 2002
· Handwritten notes by Barbara Windsor, Deputy Chief License Inspector

Catherine Kinahan, City lawyer, was present on behalf of the City. Mehdi Mohammadi represented himself.

Ms. Kinahan noted this matter had been referred to City Council by the Chief License Inspector pursuant to section 8(1) of the License By-law and that proceedings were taking place pursuant to Section 277 of the Vancouver Charter, which provides that any person whose license has been suspended under this section may appeal to the Council in accordance with the procedure for that purpose prescribed by by-law, and upon such appeal the Council may confirm or may set aside such suspension on such terms as it may think fit. Section 277.1 of the Vancouver Charter 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 correspondence to and from the Deputy Chief License Inspector and from the Chief License Inspector, Police Reports and the evidence of witnesses, which sets out the allegations that the Licensee has failed to properly manage the Premises by:

(a) failing to record purchases of property as required by the Secondhand Dealers and Pawnbrokers By-law of the City of Vancouver;

(b) failing to confirm the identity of a seller of secondhand goods by way of picture identification as required by the Secondhand Dealers and Pawnbrokers By-law of the City of Vancouver;

(c) carrying on the business of a secondhand dealer without being the holder of a business license, in contravention of the License By-law of the City of Vancouver; and

(d) failing to control the conduct of employees in relation to the licensed premises;

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

Ms. Kinahan also drew the Panel's attention to documents submitted at the Hearing and reviewed the relevant sections of the Secondhand Dealers and Pawnbrokers By-law No 2807. Ms. Kinahan read aloud the affidavits submitted by PC Laing, PC Taylor and Sgt. Fisher. The Property Use Inspection Report contained photographs taken of the interior of the premises on September 16, 2002.

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

· Barbara Windsor, Deputy Chief License Inspector

During questioning by the Panel, Ms. Windsor advised it is now her recommendation that the Second Hand Dealers license issued to the Licensee be revoked rather than suspended, and consideration then be given as to whether or not to allow the Licensee to retain his Retailers license only, with or without a suspension.

Mr. Mohammadi submitted that this is his first experience with this type of a business. He purchased the shop with all of its contents and it was in a very chaotic state. It was not possible to inventory the contents of the store, given the huge quantity. He and his employee were in the process of cleaning and organizing the shop and during that time were selling off some of the items contained in the store. It was his understanding that he was allowed to do so. Mr. Mohammadi's understanding of the incident related to the laptop computer which is described in PC Taylor's affadavit was that his employee gave her $20 for the laptop and told her to return with her identification and that he would then give her more money.

Mr. Mohammadi called Mr. Hamel Namaieshi as a witness. Mr. Namaieshi related the details surrounding the incident involving the laptop computer. He advised that he gave the woman $20 for the laptop computer with the understanding that she would return with her identification. It was his intention that the computer be returned to the person from whom it was stolen, but the Police came in only moments later and he was not given the chance to explain this to them. Mr. Namaieshi also advised it was his understanding at the time that it was ok for him to be selling articles from the store while waiting for the business license to be granted.

Mr. Mohammadi further submitted that the incident in question occurred only one day after having being granted a license and he feels that this should have been taken into consideration. He feels that, rather than closing the shop, he should have been given more time and information on how to manage this type of business.

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 the suspension by the Chief License Inspector of the City of Vancouver business license for the year 2002 issued to the licensee, Mehdi Mohammadi, doing business as Hitech Buy and Sell, 328 Carrall Street, Vancouver, British Columbia, should be upheld or overturned, or whether the Secondhand Dealers license issued to the licensee should be revoked.

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members acknowledged the difficulties faced by newcomers to this country attempting to set up businesses and understand the rules and regulations which must be adhered to. Panel members also expressed concern, however, with regard to the ongoing problems experienced in this neighbourhood and the need to address them. One Panel member felt that a revocation of the Secondhand Dealers license would be more appropriate than a two-month suspension, given the fact that the Licensee had been out of the country for a period of time and had left the store in the management of a person whom he knew to lack the competence to do so.

MOVED by Councillor Sullivan

CARRIED
(Councillor Clarke opposed)

The Business License Hearing Panel adjourned at 8:50 p.m.

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bl020919.htm

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