These minutes will be approved at the regular Vancouver City Council meeting on February 15, 2005.
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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES JANUARY 25, 2005 |
A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, January 25, 2005, in the Council Chamber, Third Floor, City Hall, commencing at 10:25 a.m., to determine whether or not a City of Vancouver business license for the year 2005 will be granted to Ali-Reza Sadeghi-Talash (the "License Applicant") doing business as Vegas Diamond Jewelry Loan and Money Exchange for business premises located at 118 West Hastings Street, Vancouver, British Columbia (the "Premises").
PRESENT: |
Councillor Peter Ladner, Chair |
Councillor Fred Bass | |
Councillor Jim Green | |
CITY CLERK'S OFFICE: |
Laura Kazakoff, Meeting Coordinator |
1. Ali-Reza Sadeghi-Talash dba Vegas Diamond Jewelry Loan And Money Exchange (File 2711-80)
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:
Licenses and Inspections Department
Application for Transfer dated June 26, 2002
Criminal Record Check dated June 26, 2002
Copy of Driver's License
Business Plan dated June 26, 2002
Fax for Criminal Record Check dated July 10,2002
Handwritten notes dated July 17, 2002
Lease Agreement dated July 17, 2002
Agreement of Purchase and Sale of Assets dated July 18, 2002
Handwritten notes dated July 23, 2002
Fax dated July 25, 2002
Inventory List
E-mail to Barb Windsor from Paul Ellis dated August 1, 2002
Letter to Ali-Reza Sadeghi-Talash from Barb Windsor dated August 2, 2002
Handwritten notes dated August 2, 2002
2002 Business License #02-459414 dated August 2, 2002 (Pawnbroker)
2002 Business License #02-459415 dated August 2, 2002 (Secondhand)
2002 Business License #02-459418 dated August 2, 2002 (Currency)
2002 Business License #02-459420 dated August 2, 2002 (Cheque Cashing)
2003 Business License #03-372027 dated January 2, 2003 (Currency)
2003 Business License #03-372028 dated January 2, 2003 (Cheque Cashing)
2003 Business License #03-445347 dated January 2, 2003 (Pawnbroker)
2003 Business License #03-445348 dated January 2, 2003 (Secondhand)
2004 Business License #04-033294 dated December 18, 2003 (Currency)
2004 Business License #04-033295 dated December 18, 2003 (Cheque Cashing)
2004 Business License #04-033717 dated December 18, 2003 (Pawnbroker)
2004 Business License #04-033718 dated December 18, 2003 (Secondhand)
Letter to Ali-Reza Sadeghi-Talash from Barb Windsor dated July 6, 2004
Property Use Inspection Report #UI 24021 dated July 6, 2004
Handwritten notes dated July 7, 2004
Letter to Ali-Reza Sadeghi-Talash from Paul Teichroeb dated July 15, 2004
Suspension Notice
Property Use Inspection Report #UI 24130 dated July 16, 2004
Property Use Inspection Report #UI 25036 dated November 8, 2004
Letter to Barb Windsor from Ali-Reza Sadeghi-Talash dated January 11, 2005
Police Department
Handwritten Report #04-144078 dated June 11, 2004 and typed report
Report #2004-151593 dated June 19, 2004
Handwritten Report #04-154323 dated June 21, 2004 and typed report
Handwritten Report #04-151664 dated June 21, 2004 and typed report
The Panel also had before it Handwritten Report #04-151593 dated June 19, 2004, which was distributed immediately prior to the commencement of the Hearing.
Catherine Kinahan, Lawyer, was present on behalf of the City of Vancouver. Mr. Sadeghi-Talash was present on behalf of Vegas Diamond Jewelry Loan and Money Exchange.
Ms. Kinahan advised that the granting or refusing of a business license is deemed to be at the discretion of Council and noted in making that decision the Council can consider whether applicable municipal, provincial and federal legislation is being complied with.
Ms. Kinahan referred the Panel to the Notice of Hearing contained within the afore-mentioned evidence package, which sets out the allegation that the License Applicant has failed to properly manage the Business Premises by failing to comply with the provisions of the Secondhand Dealers and Pawnbrokers By-law of the City of Vancouver. Ms. Kinahan also referred to the additional Handwritten Report which was submitted at the Hearing this day.
In support of the allegations set out in the afore-mentioned reports and evidence, Ms. Kinahan called the following witnesses:
Barbara Windsor, Deputy Chief License Inspector
Police Constable 2188 Jennifer Daniel
Police Constable 1966 Eileen Volpatti
Detective Constable 1103 Paul Ellis
Mr. Sadeghi-Talash also directed questions to the witnesses.
Mr. Sadeghi-Talash addressed the Panel and noted he has owned this business for almost four years and the previous owner assured him that he could make a living from this business. Up until the point when the first undercover police officer came into his premises to attempt to sell a computer he had never had any incidents such as this. He noted he refused to purchase the computer as the officer had no identification, but when she came in for the third time with the computer he bought some cigarettes from her, although he realized he should not do so. He noted there has only been one other instance he can remember where he also purchased cigarettes and some make-up, which he had no use for, and one incident where he purchased two DVD's. Mr. Sadeghi-Talash noted the unusual environment of the Downtown Eastside and advised he was not trying to do anything illegal, but had purchased the items more as a way of helping the people in question.
Ms. Kinahan submitted 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. She noted the questionable economic viability of the business as expressed by the witnesses and the License Applicant, noting that is also a factor which Council can consider in making its decision.
PANEL MEMBERS DISCUSSION
Prior to a decision on this matter, Panel members noted the concerns expressed by witnesses and the License Applicant in regard to the economic viability of this business in particular and this type of business in the Downtown Eastside in general.
MOVED by Councillor Bass
THAT the application for a City of Vancouver Business License for the year 2005 by Ali-Reza Sadeghi-Talash doing business as Vegas Diamond Jewelry Loan and Money Exchange, (the "License Applicant"), for business premises located at 118 West Hastings Street, Vancouver, British Columbia (the "Premises"), be refused because:
(a) the License Applicant has failed to properly manage the Premises by failing to comply with the provisions of the Secondhand Dealers and Pawnbrokers By-law of the City of Vancouver; and
(b) there are serious concerns as to the economic viability of the Premises.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 11:40 a.m.
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