These Minutes will be adopted at the Regular Council meeting on February
15, 2005.
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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES JANUARY 19, 2005 |
A Business License Hearing of the Council of the City of Vancouver was held on, Wednesday, January 19, 2005, 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 2005 should be granted to Hosam Abdulrahman Yassin (the "License Applicant"), doing business as Hot Pizza, for business premises located at 435 Abbott Street, Vancouver, British Columbia (the "Premises").
PRESENT: |
Councillor David Cadman, Chair |
Councillor Tim Louis | |
Councillor Sam Sullivan | |
CITY CLERK'S OFFICE: |
Tina Hildebrandt, Meeting Coordinator |
1. Hosam Abdulrahman Yassin dba Hot Pizza (File 2711-78)
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
2002 Business License #02-441338 dated February 1, 2002
2003 Business License #03-404692 dated December 17, 2002
2004 Business License #04-530011 dated March 8, 2004
Letter to Hosam Abdulrahman Yassin from Barb Windsor dated November 26, 2004
Property Use Inspection Report #UI 25184 dated November 26, 2004
Handwritten Notes dated November 30, 2004
Letter to Hosam Abdulrahman Yassin from Barb Windsor dated December 10, 2004
2005 Business License Renewal Notice
Property Use Inspection Report #UI 25285 dated December 14, 2004
2 Police Department
Report #2004-254882 dated September 30, 2004
3 HISTORY - Licenses and Inspections Department
Criminal Record Check dated January 4, 2002
Copy of Driver's License of Hosam Abdulrahman Yassin
Business License - Business Plan dated January 4, 2002
Handwritten Notes dated February 1, 2002
Letter to Hosam Abdulrahman Yassin from Barb Windsor dated June 10, 2003
Handwritten Notes dated June 12, 2003
Letter to Hosam Abdulrahman Yassin from Paul Teichroeb dated June 23, 2003
Suspension Notice
Property Use Inspection Report #UI 20574 dated June 24, 2003
Handwritten Notes dated June 26, 2003
Letter to Paul Teichroeb from Robert Palkowski dated June 27, 2003
Continuing Education Student Schedule
Letter to Paul Teichroeb from Robert Palkowski dated July 4, 2003
Letter to Palkowski & Company from Paul Teichroeb dated July 4, 2003
4 HISTORY - Health Department
Report #3 dated January 22, 2002
Report #4 dated January 28, 2002
5 HISTORY - Police Department
Report #00-239793 dated October 17, 2000
Photos
Violation Report #2003-79689 dated April 5, 2003
Mr. Iain Dixon, Counsel, was present on behalf of the City of Vancouver. Mr. Hosam Abdulrahman Yassin, the License Applicant, was present and represented himself, with the aid of Mr. Zara Canda, certified Kurdish interpreter.
Mr. Dixon advised this matter had been referred to City Council by the Chief License Inspector pursuant to section 4(2a) of the License By-law of the City of Vancouver 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, 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 Council members.
Mr. Dixon referred the Panel to evidence before it as set out in documents which were considered by the Chief License Inspector in referring the business license to Council, a letter from the Deputy Chief License Inspector and the evidence of witnesses which set out the allegations that the License Applicant has failed to properly manage the Premises by:
(a) carrying on business to the detriment of the safety and well being of the public;
(b) carrying on business to the detriment of other licensed businesses in the City of Vancouver; and
(c) dealing tobacco in contravention of the Tobacco Sales Act, R.S.B.C. 451, 1996.
In support of the allegations set out in the above-noted reports and evidence, Mr. Dixon called the following witnesses:
1. Barb Windsor, Deputy Chief License Inspector
2. PC #1966 Eileen Volpatti
Mr. Yassin also directed questions to the witnesses.
Mr. Yassin submitted that he is trying to support his family and asked the Panel to take into consideration the fact that his business is located in the Hastings area where there are many other corrupt businesses involved in the drug trade. He added that he has been assaulted in his own business by customers, his window has been broken many times and that the Police are slow to respond. Mr. Yassin advised that he would try to move his business to another area of the City.
Mr. Dixon submitted the evidence presented is overwhelming that both the License Applicant and his employee purchased stolen merchandise from an undercover Police Officer, including cigarettes and a DVD. He added that the License Applicant, on other occasions, sold individual cigarettes to another customer, asked the undercover Police Office whether she had more goods to sell and expressed concern with regard to Police intervention. Mr. Dixon also added that the employee who bought the stolen DVD still works for the License Applicant, despite the fact that the License Applicant is aware of the allegation. He indicated that the evidence presented accords with the allegations as set out in the evidence brief and the recommendation put forth by the Chief License Inspector.
In response to the allegation that his employee purchased a stolen DVD, Mr. Yassin advised that he warned his employee and told him he would have to find another job.
PANEL MEMBERS DISCUSSION
MOVED by Councillor Louis
THAT the application for a 2005 Business License by Hosam Abdulrahman Yassin (the "License Applicant"), doing business as Hot Pizza, for business premises located at 435 Abbott Street, Vancouver, British Columbia (the "Premises"), be refused because the License Applicant has failed to properly manage the Premises by:
(a) carrying on business to the detriment of the safety and well being of the public;
(b) carrying on business to the detriment of other licensed businesses in the City of Vancouver; and
(c) dealing tobacco in contravention of the Tobacco Sales Act, R.S.B.C. 451, 1996.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 10:43 a.m.
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