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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES APRIL 20, 2004 |
A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, April 20, 2004, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to determine whether or not a City a Vancouver Business License for the year 2004 ought to be issued to Gulshan Khaki, doing business as Rocky Novelties, also doing business as Planet Rock (the "License Applicant"), for business premises located at 1051 Granville Street, Vancouver, British Columbia (the "Premises').
PRESENT: |
Councillor Tim Louis, Chair |
Councillor Tim Stevenson | |
Councillor Sam Sullivan | |
CITY CLERK'S OFFICE: |
Laura Kazakoff, Meeting Coordinator |
1. Gulshan Khaki, dba Rocky Novelties, adba Planet Rock (File 2711-65)
The Business License Hearing Panel had before it for consideration an Evidence Brief, prepared by the City of Vancouver's Legal Department, which contained the following material (on file in the City Clerk's Office) and the evidence of witnesses:
Notice of Hearing
1 Licenses and Inspections Department
Business License #99-311254 dated March 1, 1999
Business License #00-136421 dated February 4, 2000
Business License #01-123609 dated February 15, 2001
Business License #02-109818 dated January 15, 2002
Business License #03-401020 dated January 7, 2003
Letter to Licenses and Inspections from Gulshan Khaki and copy of Drivers License of Mohamedhussein Khaki
Handwritten Notes dated March 28, 2003
Letter, Business License Application, copy of Drivers License and Agreement of Purchase from Husman Zepher dated April 25, 2003
Handwritten Notes dated May 9, 2003
2004 Business License Renewal Notice and copy of cheque
Letter to Gulshan Khaki from B. Windsor dated January 5, 2004
Memo to Barb Windsor dated January 9, 2004
Handwritten notes dated January 13, 2004
Letter to Gulshan Khaki from P. Teichroeb dated January 29, 2004
Property Use Inspection Report #UI 22674 dated January 30, 2004
Property Use Inspection Report #UI 23035 dated February 13, 2004
Letter to M.A. Khaki from Catherine Kinahan dated February 17, 2004
L & I Inspection Report #IR 376042 dated March 22, 2004
Letter to Jonathan Baker from Catherine Kinahan dated April 2, 2004
2 Correspondence from the Public
Letter dated May 23, 2003
Letter dated August 1, 2003
Letter dated October 9, 2003
E-mail dated February 4, 2004
E-mail dated February 8, 2004
Letter dated February 26, 2004
Letter dated March 5, 2004
Memo dated March 24, 2004
Undated letter to Chief Constable
Undated letter from McLaren Housing Society
3 Admissions of Fact
Report attached
4 Vancouver Coastal Health
History for Tobacco Sales Act Violations dated from July 19, 1999 to January 20, 2004
Enforcement Report #C362818 dated October 4, 1999
Violation Ticket #AE03892131 dated October 4, 1999
Enforcement Report #C362838 dated November 2, 1999
Violation Ticket #AE03893725 dated March 6, 2001
Report #9 dated March 26, 2001
Report #14 dated October 1, 2001
Violation Ticket #AF06621652 dated October 1, 2001
Report #15 dated October 15, 2001
Letter to Gulshan Khaki from Laurie Woodland dated January 21, 2003
Report #V262601-28 dated February 4, 2003
Letter to Gulshan Khaki from Laurie Woodland dated March 26, 2003
Certificate dated March 26, 2003
Report #V263550-30 dated April 9, 2003
Letter to Laurie Woodland from Eric Wainwright dated April 11, 2003
5 Police Department
Summary of calls
2002-45874, dated February 24, 2002
2002-194462, dated August 22, 2002
2002-202456, dated August 31, 2002
2003-3717, dated January 5, 2003
2003-6112, dated January 8, 2003
2003-8110, dated January 10, 2003
2003-18556, dated January 23, 2003
2003-18709, dated January 23, 2003
2003-29811, dated February 5, 2003
2003-65067, dated March 19, 2003
2003-67599, dated March 22, 2003
2003-70558, dated March 25, 2003
2003-129947, dated May 31, 2003
2003-130085, dated May 31, 2003
2003-160830, dated July 1, 2003
2003-179959, dated July 20, 2003
2003-259536, dated October 9, 2003
2003-301307, dated November 24, 2003
2004-6730, dated January 9, 2004
Photographs
Memo to Barb Windsor from Wayne Windrim dated February 9, 2004
The Panel also had before it the following documents submitted by the City's Legal Department prior to commencement of proceedings:
photographs numbered 1 through 6
narrative submitted to Crown Counsel from Kevin Grewal, DVBIA Loss Prevention Officer
L&I Inspection Report #IR 376047 dated April 16, 2004
Catherine Kinahan, Lawyer, was present on behalf of the City of Vancouver. Ms. Gulshan Khaki was represented by Jonathan Baker, Lawyer.
Prior to the commencement of proceedings, Councillor Louis requested advice concerning a potential conflict in regard to a telephone conversation he had with counsel for the License Applicant prior to Councillor Louis' appointment to the panel for this Business License Hearing. Following disclosure of the content of that telephone conversation and brief discussion on the matter, both Mr. Baker and Ms. Kinahan agreed there was no apparent conflict in regard to Councillor Louis chairing this day's Business License Hearing.
Ms. Kinahan advised this matter had been referred to City Council by the Chief License Inspector and that 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.
Ms. Kinahan referred the Panel to the Notice of Hearing contained within the afore-mentioned evidence package, which set out the allegations that the License Applicant had failed to properly manage the Premises by failing to comply with the Tobacco Sales Act, failing to implement adequate security measures at the business, thereby causing a drain on police and City resources, and operating the business in such a manner as to cause undue disturbance and disruption to the neighbourhood and surrounding businesses. Ms. Kinahan also referred to the Panel to an "Admissions of Fact" contained within the evidence package and read the content of said document into the record.
In support of the allegations set out in the above-noted reports and evidence, Ms. Kinahan called the following witnesses:
1. Karen Zabaras
2. Barb Windsor, Deputy Chief License Inspector
3. Jim Pawlyshyn
4. Kevin Grewal
5. PC George Wong #1950
During Ms. Kinahan's examination of the foregoing witnesses the following exhibits were submitted and are on file in the City Clerk's Office:
Exhibit One: two glass tubes, one glass pipe, one cigar
Exhibit Two: one coloured glass pipe
Mr. Baker also directed questions to the witnesses.
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 which the Panel must apply in determining whether or not a business license ought to be granted to the License Applicant. Ms. Kinahan noted the applicant's past failure to comply with the Tobacco Sales Act, the fact that the current PST number is now in the name of the applicant's husband, rather than the operator of the Premises, and the numerous license applications under various names which have been submitted to the City. This, in addition to the significant number of police attendances to the Premises, has resulted in a drain on City resources. Ms. Kinahan also pointed out the applicant's offering for sale instruments whose only purpose is for the consumption of illicit drugs, and advised this is in contravention of Section 462 of the Criminal Code which states it is a criminal offense to knowingly sell items for the use of illicit drugs.
Mr. Baker acknowledged the three convictions against his client for the sale of tobacco products to minors, but also noted there were nine other instances where minors sent in by government authorities were refused service, and the most recent conviction was for an incident which took place in 2001. Mr. Baker advised there was nothing illegal in regard to the PST license currently being held by the applicant's husband, and noted that enforcement of provincial sales tax collection is under the jurisdiction of the Province. He further noted that all of the evidence submitted from the public indicates general dismay about the drug activities on this street, but none make specific reference to his client's business. There has been no suggestion of illegal activities taking place on the Premises, other than the alleged sale of items for illicit drug use, but noted his client has yet to be prosecuted or convicted on this matter. Mr. Baker advised this matter is basically about three prior convictions for selling cigarettes to minors and about his client being a victim of numerous break-ins and robberies. He also noted the applicant has recently made arrangements for a security gate to be installed, similar to the one at the premises next door. Mr. Baker advised that if Council has concerns with regard to certain items being offered for sale in business premises, that changes should be made to the City by-law in that regard to define those items which would then give Council the authority to not issue licenses to businesses that sell those items.
PANEL MEMBERS DISCUSSION
Prior to a decision on this matter, Council members commented on the history of allegations in regard to the License Applicant in terms of illegal tobacco sales to minors, insufficient security measures in place at the premises, and the knowing sale of items which are used for the consumption of illicit drugs. Members noted the disruption to the surrounding neighbourhood, and the cost of City services in dealing with this Premises. Panel members also noted that the License By-law should be looked at with a view to possible amendments in regard to the sale of paraphernalia related to illicit drug use.
The Chair noted he would not concur with a decision to not grant a license to the License Applicant, but felt that the circumstances warranted a license be issued with specific conditions attached.
MOVED by Councillor Stevenson
THAT the application for a 2004 City of Vancouver Business License by Gulshan Khaki, doing business as Rocky Novelties, also doing business as Planet Rock (the "License Applicant"), for business premises located at 1051 Granville Street, Vancouver, British Columbia (the "Premises"), be refused because the License Applicant has failed to properly manage the Premises by:
(a) failing to comply with the provisions of the Tobacco Sales Act RSBC 1996 ch. 452;
(b) failing to implement adequate security measures at the business, thereby causing a drain on police and City resources;
(c) operating the business in such a manner as to cause undue disturbance and disruption to the neighbourhood and surrounding businesses.
CARRIED
(Councillor Louis opposed)
The Business License Hearing Panel adjourned at 12:30 p.m.
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