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

CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

FEBRUARY 17, 2005

A Business License Hearing of the Council of the City of Vancouver was held on Thursday, February 17, 2005, in the Council Chamber, Third Floor, City Hall, commencing at 7:30 p.m.

PRESENT:

Councillor Raymond Louie, Chair
Councillor David Cadman
Councillor Anne Roberts

   

CITY CLERK'S OFFICE:

Tina Hildebrandt, Meeting Coordinator

1. Lisa Duong dba Friendly Shop Second Hand Store -
3085 Main Street, Vancouver, BC (File 2711-89)

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

Tab

1 Licenses and Inspections Department

Handwritten notes dated December 1, 2004

E-mail to Barb Windsor from Jill Proctor dated December 14, 2004
E-mail to Paul Ellis from Barb Windsor dated December 21, 2004
Letter to Lisa Duong from Paul Teichroeb dated December 22, 2004
Copies of License Bills

2 Police Department

Mr. Iain Dixon, Counsel, was present on behalf of the City of Vancouver. Ms. Lisa Duong, the License Applicant, was present and represented herself, with the aid of Ms. Susan Yao, certified Cantonese 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. He also advised 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:

Mr. Dixon also referred the Panel to a letter dated July 17, 2000, from the Chief License Inspector, which was submitted as further evidence at this hearing (on file in the City Clerk's Office). He further noted that the Panel would need to determine whether or not the License Applicant has contravened federal, provincial and municipal by-laws, in particular the Secondhand Dealers and Pawnbrokers By-law, in regards to the Premises.

In support of the allegations set out in the above-noted reports and evidence, Mr. Dixon called the following witnesses:

Ms. Duong provided clarification with regard to the allegations, in particular the issues related to accepting improper ID and failing to report purchased goods. When she realized that her friend, who was taking care of the Premises in her absence, had accepted improper ID she didn't know what to do and as a result did not report the goods which were purchased. Ms. Duong knew it was too late and realized this was wrong. She asked the Panel to consider giving her another opportunity and promised not to allow this kind of activity to happen again. She added that she has a family to support and would not be able to pay the monthly bills should her business license not be granted.

Mr. Dixon submitted that the evidence presented is clear that the License Applicant bought goods that were stolen, violating the Secondhand Dealers and Pawnbrokers By-law, and failed to obtain proper ID.

PANEL MEMBERS DISCUSSION

MOVED by Councillor Cadman

CARRIED UNANIMOUSLY

2. Ali Tawana Mehri dba Star Groceries -
    346 East Hastings Street, Vancouver, BC (File 2711- 87)

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

Tab

1 7 West Hastings Street

Letter to Ali Tawana Mehri from Paul Teichroeb dated January 17, 1997

2 Licenses and Inspections Department

3 Police Department

Report #2003-96410 dated April 24, 2003
Report #2004-53695 dated March 3, 2004

Ms. Catherine Kinahan, Counsel, was present on behalf of the City of Vancouver. Mr. Ali Tawana Mehri, the License Applicant, was present and represented himself, with the aid of Mr. Kian Ghaffari, certified Farsi interpreter.

Ms. Kinahan 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.

Ms. Kinahan 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:

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

Mr. Mehri also directed questions to the witnesses.

* * * * *

During the hearing of witnesses, the Business License Hearing Panel recessed at 9:29 p.m. and reconvened at 9:35 p.m.

* * * * *

Following the recess, Ms. Kinahan advised that Mr. Mehri asked whether he could record the proceedings. She reminded the Panel that Business License Hearings are already recorded and that a transcript of the proceedings could be provided to Mr. Mehri.

Mr. Mehri, in response to the allegations, provided clarification with regard to his previous business history, noting that the business closures were in relation to the operation of these businesses and not himself. Mr. Mehri felt he should be granted his 2005 Business License because in the 10 years he has worked in this area he has not been charged by the Police, has not been involved in any illegal activity, helps the homeless in the area and works hard to support his family.

Ms. Kinahan submitted that Mr. Mehri has been in business in this area for the past 10 years and added that it is significant for the Panel to note that his business history goes back almost as long.

Mr. Mehri admitted he has made some mistakes and asked for the fairest judgement as he depends on his business to support his family, adding it would be very difficult if he were to work for someone else at $5 or $6 an hour.

PANEL MEMBERS DISCUSSION

MOVED by Councillor Roberts

CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 10:15 p.m.

* * * * *

bl20050217.htm

Comments or questions? Send us e-mail at info@city.vancouver.bc.ca
© 2002 City of Vancouver