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CITY OF VANCOUVER
BUSINESS LICENSE HEARING MINUTES
FEBRUARY 9, 2005
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A Business License Hearing of the Council of the City of Vancouver was held on Wednesday, February 9, 2005, at 9:30 a.m., in the Council Chamber, Third Floor, City Hall.
PRESENT:
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Councillor Tim Stevenson, Chair
Councillor Tim Louis
Councillor Peter Ladner
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CITY CLERK’S OFFICE:
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Nicole Ludwig, Meeting Coordinator
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1. Siroos Imani dba Ocean Buy and Sell
6406 Victoria Drive, Vancouver, BC (File 2711-90)
This item was withdrawn.
2. M&H Mart
515 Helmcken Street, Vancouver, BC (File 2711-83)
A Business License Hearing of the Council of the City of Vancouver was held to hear an appeal from the suspension by the Chief License Inspector of the 2004 business license (the “License”) issued to Marjan Hassanzadeh-Kolahi (the “Licensee”) doing business as M & H Mart for business premises located at 515 Helmcken Street, Vancouver, British Columbia (the “Premises”).
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:
Tab
1 Licenses and Inspections Department
2003 Business License #03-510783 dated July 22, 2003
2004 Business License #04-027348 dated January 5, 2004
Letter to Marjan Hassanzadeh-Kolahi from Barb Windsor dated November 22, 2004
L & I Inspection Report #375613 dated November 22, 2004
Handwritten notes dated December 13, 2004
Letter to Marjan Hassanzadeh-Kolahi from Paul Teichroeb dated January 11, 2005
License Bill #793520
Property Use Inspection Report #UI 25439 dated January 12, 2005
Letter to Paul Teichroeb from Marjan Hassanzadeh-Kolahi dated January 23, 2005
Report #2004-274841 dated October 21, 2004
Iain Dixon, Counsel, was present on behalf of the City of Vancouver. Marjan Hassanzadeh-Kolahi, the Licensee, was represented by her husband, Hossain Karamli.
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 suspending the License, a letter from the Deputy Chief License Inspector and the evidence of witnesses which set out allegations that the Licensee has failed to properly manage the Premises in the past 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. 1996, c. 452.
In support of the allegations set out in the above-noted reports and evidence, Mr. Dixon called the following witnesses:
Mr. Karamli also asked questions of the witnesses.
Mr. Karamli submitted that when he spoke to the Deputy Chief License Inspector, he was told the suspension would be for a minimum of three weeks, and that, at the time, he understood the suspension would only be for three weeks. Mr. Karamli admitted wrongdoing and explained he has learned from it. As well, Mr. Karamli told the Panel that all of the allegations presented by Counsel for the City of Vancouver are his doing and that he pleads guilty to the infractions. Mr. Karamli requested any repercussions be directed at him and not at his wife. Finally, Mr. Karamli requested either a shorter suspension or a delayed suspension in order that he and his wife may sell the business.
Mr. Dixon 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 to uphold the License suspension, overturn the License suspension, issue a lengthier License suspension, attach conditions to the License or revoke the License.
PANEL MEMBERS DISCUSSION
Prior to a decision on this matter, the Panel noted Mr. Karmali’s demeanor in dealing with the situation, and that he admitted to the facts as presented.
MOVED by Councillor Ladner
THAT the 2004 City of Vancouver Business license (the “License”) issued to M & H Mart (the “Licensee”) for business premises located at 515 Helmcken Street, Vancouver, British Columbia (the “Premises”) be suspended for a two-month period commencing March 1, 2005, due to the Licensee’s history of:
(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 Tax Act, R.S.B.C. 1996, c. 452.
LOST
(Councillors Louis and Stevenson opposed)
MOVED by Councillor Stevenson
THAT the 2004 City of Vancouver Business license (the “License”) issued to M & H Mart (the “Licensee”) for business premises located at 515 Helmcken Street, Vancouver, British Columbia (the “Premises”) be suspended for a one month period commencing immediately, due to the Licensee’s history of:
(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 Tax Act, R.S.B.C. 1996, c. 452.
CARRIED
(Councillor Ladner opposed)
The Business License Hearing Panel adjourned at 10:28 a.m.
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