These Minutes will be adopted at the Regular Council meeting on March 15, 2005.

CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

FEBRUARY 1 and 24, 2005

A Business License Hearing of the Council of the City of Vancouver was held on Tuesday, February 1, 2005, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., to determine whether or not City of Vancouver Business Licenses for the year 2005 would be granted to:

- Gollam Abdollahijan, Keyvan Abdollahijan and/or Akbar Derazollah Moradi dba John’s Food Place or Joan Foods Place for business premises located at 415 Abbott Street, Vancouver, British Columbia;
- Keyvan Abdollahijan and/or Akbar Derazollah Moradi dba Akbar Donair or Nasim Donair for business premises located at 419 Abbott Street, Vancouver, British Columbia; and
- Akbar Derazollah Moradi dba Akbar Donair or Nasim Donair for business premises located at 421 Abbott Street, Vancouver, British Columbia.

The Hearing was subsequently reconvened on Thursday, February 24, 2005, at 1:06 pm. The minutes have been consolidated for ease of reference.

PRESENT:

Councillor Anne Roberts, Chair

 

Councillor Fred Bass

 

Councillor Raymond Louie

   

CITY CLERK'S OFFICE:

Pat Boomhower, Meeting Coordinator

1. Gollam Abdollahijan, Keyvan Abdollahijan and Akbar Derazollah Moradi
(File 2711-82)

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 – 415, 419 and 421 Abbott Street

Tab

1     Licenses and Inspections Department – 415 Abbott

2     Licenses and Inspections Department – 419 Abbott

Business License Application dated May 27, 2004 – Keyvan Abdollahijan
Business Plan dated May 27, 2004 – Keyvan Abdollahijan
Criminal Record Check dated May 27, 2004 - Keyvan Abdollahijan
Copy of Drivers License of Keyvan Abdollahijan
Handwritten notes dated June 25, 2004
E-mail to Barb Windsor from Jill Proctor dated June 30, 2004
Handwritten message dated June 30, 2004
Handwritten notes dated July 6, 2004
Environmental Health Inspection Report #6 dated July 7, 2004
Copy of Lease
Business License Application dated August 16, 2004 – Akbar Derazollah Moradi
Criminal Record Check dated August 16, 2004 – Akbar Derazollah Moradi
Copy of Drivers License of Akbar Derazollah Moradi
Fax to Jill Proctor from Susan Smith dated August 27, 2004
Environmental Health Inspection Report #10 dated September 29, 2004
Handwritten notes dated October 22, 2004
Development and/or Building Application dated November 9, 2004
Plan Review dated November 9, 2004
Building Permit Application #BU 430630 dated November 9, 2004
Building Inspection Report #BI 24124 dated November 17, 2004
Handwritten notes dated November 18, 2004
Letter to Akbar Derazollah Moradi from Barb Windsor dated December 16, 2004

3     Licenses and Inspections Department – 421 Abbott

Handwritten notes dated November 18, 2004
Business License Application dated November 22, 2004 – Akbar Derazollah Moradi
Handwritten notes dated November 22, 2004
Letter to Akbar Derazollah Moradi from Barb Windsor dated November 26, 2004

4     Licenses and Inspections Department – 100 West Hastings

Handwritten notes dated August 11, 2004
Letter to Gollam Abdollahijan and Keyvan Abdollahijan from Barb Windsor dated December 16, 2004

5     Police Department – 415 Abbott

Summary on Report #2003-34045 dated February 11, 2003
Report #2003-34045 dated February 9, 2003
Report #2003-111003 dated May 10, 2003
Report #2003-142174 dated June 12, 2003
Report #2003-142195 dated June 12, 2003
Report #2004-133868 dated May 31, 2004
Report #2004-133870 dated May 31, 2004
Report #2004-254879 dated September 30, 2004
Report #2004-322762 dated December 13, 2004
Report #2004-336497 dated December 30, 2004

6     Police Department – 419 Abbott

Report #2004-163992 dated July 1, 2004
Report #2004-214708 dated August 19, 2004
Report #2004-217272 dated August 22, 2004
Report #2004-220318 dated August 25, 2004
Memo to Barb Windsor from Jill Proctor dated November 4, 2004 regarding following reports
Report #2004-234570 dated September 8, 2004
Report #2004-234687 dated September 8, 2004
Report #2004-255287 dated September 30, 2004
Report #2004-255314 dated September 30, 2004
Report #2004-265842 dated October 11, 2004
Report #2004-276902 dated October 23, 2004
Report #2004-336466 dated December 30, 2004

Ms. Catherine Kinahan, Counsel, was present on behalf of the City of Vancouver. Ms. Kinahan introduced the license applicants present on February 1 and 24, 2005, Gollam Abdollahijan and Akbar Derazollah Moradi who were accompanied on both days of the Hearing by a certified Farsi interpreter, Mr. Kian Ghaffari, and Mr. Stafford Alliston, counsel for Mr. G. Abdollahijan and Mr. Moradi.

These matters were referred to City Council by the Chief License Inspector pursuant to section 4(2a) of the License By-law of the City of Vancouver. Ms. Kinahan advised the Panel of their authority in these proceedings 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 advised this was an unusual hearing with three applications at three addresses in same building and that the three license applications appeared to be related. She further advised that the issue before the Panel is management: whether the business has been properly managed in the past and whether it is likely to be managed properly in the future. Ms. Kinahan referred the Panel to evidence before it as set out in police reports and documents which were considered by the Chief License Inspector in referring the business license to Council, letters from the Deputy Chief License Inspector and the evidence of witnesses which set out the allegations that the License Applicants have failed to properly manage the Premises by:

Ms. Kinahan referred the Panel to the following additional documents regarding 415 Abbott Street which were distributed at the Hearing on February 1, 2005 (on file in City Clerk’s Office):

On February 24, 2005, the Panel also viewed a 10-minute Police surveillance video dated January 21, 2005, pertaining to apparent drug related activity at 419 Abbott Street (on file in City Clerk’s Office). The following additional document regarding 419 Abbott Street was distributed at the Hearing on February 24, 2005 (on file in City Clerk’s Office):

In support of the allegations set out in the above-noted reports and evidence, Ms. Kinahan called the following witnesses on February 1, 2005:

Mr. Alliston also directed questions to the witnesses.

- - - - -
The Panel recessed at this point in the proceedings at 12:32 p.m. on Tuesday, February 1, 2005, and reconvened on Thursday, February 24, 2005, at 1:06 p.m.
- - - - -

At the beginning of the reconvened Hearing, the lawyer for Akbar Derazollah Moradi and Gollam Abdollahijan advised that Mr. Gollam Abdollahijan is withdrawing his application for a business license at 415 Abbott Street and Mr. Moradi is withdrawing his business license applications with respect to 419 and 421 Abbott Street, and that the only business license at issue as far as his clients were concerned, was in relation to 415 Abbott Street. Mr. Alliston noted that he had not received any instruction from license applicant, Keyvan Abdollahijan.

In support of the allegations set out in the aforementioned reports and evidence, Ms. Kinahan called the following witnesses on February 24, 2005:

Mr. Alliston also directed questions to the witnesses.

Mr. Alliston called Gollam Abdollahijan and Akbar Derazollah Moradi as witnesses who spoke in their defense. Mr. G. Abdollahijan denied knowledge of the axe attack incident and said he was not at the premises that day.

Ms. Kinahan also directed questions to the license applicants. During questions from the Panel, Gollam Abdollahijan acknowledged that he is also known as “John” and that he had previously fired his son, Keyvan, whose name is then later included on the 2005 business license application for 415 Abbott Street.

Counsel for the license applicants submitted there is no evidence of any illicit activity on the part of Mr. Moradi and therefore his application should be permitted. Mr. Alliston noted that the evidence pertaining to 415 Abbott Street is ambiguous. On two occasions, Mr. Moradi is only alleged to have been present and given that the place is being renovated and he is making an application for a business on the premises, he may have been there occasionally. When Mr. Moradi was searched nothing was found on him. It is appears to be only a small amount of substance talked about. A substance found in the toilet was down the hall. Mr. Moradi had asked that the outdoor camera at the entrance be removed. Mr. Alliston further noted that Mr. Moradi’s previously failed business down the street should have no bearing because the economic climate of the day could have caused its demise, and that he should not be held responsible for activities of another party at 419 Abbott Street.

Ms. Kinahan submitted that staff and Council have gone to a great deal of work because of confusion on the part of the applicants as to what they want and that they have changed their minds several times, including between the first and second day of the Hearing. She noted which applications were withdrawn.

Ms. Kinahan further submitted that the applications by Keyvan Abdollahijan be refused because of evidence of drug dealing activity at 419 Abbott Street, and noted that although he was given notice of this Hearing, he has not attended either day of the Hearing. She noted evidence of the activity at 419 Abbott Street is relevant to Mr. Moradi’s application at 415 Abbott Street. She submitted that the application by Mr. Moradi for 415 Abbott Street be denied, that evidence has been heard that he has been at 419 Abbott Street on at least two occasions, and that it would strain credulity for Mr. Moradi to not have been aware of the drug related activity taking place at 419 Abbott Street. She also submitted that Mr. Moradi has had a failed business across the street and expressed concern whether he would be able to manage and control a business at 415 Abbott Street where problems of drug dealing and purchasing of stolen property over the past two years have been significant. She also noted that Mr. Moradi was present in the premises at 415 Abbott Street when another person was found in possession of cocaine and had informed the Police Constable at the time he was the owner.

Ms. Kinahan noted these applications came before the Panel with ample evidence of activities at 415 and 419 Abbott Street causing a drain on City resources and being detriment to the community. She reiterated the Deputy Chief License Inspector’s concern that the problem is with the whole building and provided options for the Panel to consider.

PANEL MEMBERS DISCUSSION

Prior to a decision on this matter, the Panel acknowledged the extraordinary amount of City resources taken by problems occurring at these premises over a lengthy period of time in one building, and that the Panel had heard a great deal of evidence prior to the withdrawal of some of the applications. Panel members clarified that a business license is linked to an individual. The Panel also noted that as a precaution, besides individuals renting the premises, the landlord should be held responsible as well for managing the building beyond just collecting rent money.

MOVED by Councillor Louie

FURTHER THAT the building owner be required to accompany the business license applicant and to appear before Vancouver City Council for premises in this building, in order to ensure that licensed premises in this building do not continue to cause a drain on City resources and be a detriment to the safety and well being of the neighbourhood.

CARRIED UNANIMOUSLY

The Business License Hearing Panel recessed at 12:32 p.m. on February 1, 2005, and adjourned at 4:37 p.m. on February 24, 2005.

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