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CITY OF VANCOUVER BUSINESS LICENSE HEARING MINUTES APRIL 28, 2005 |
A Business License Hearing of the Council of the City of Vancouver was held on Thursday, April 28, 2005, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, to hear an appeal from the suspension by the Chief License Inspector of the 2005 business license (the "License") issued to Saeed Aleme and Amin Nawabi (The"Licensees") doing business as The Pitstop Mart for business premises located at 701 East Broadway, Vancouver, British Columbia (The "Premises").
PRESENT: |
Councillor Anne Roberts, Chair
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CITY CLERK'S OFFICE: |
Denise Salmon, Meeting Coordinator |
1. The Pitstop Mart - 701 East Broadway (File 2711-93)
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
Business License Information Sheet dated August 13, 2001
Criminal Record Check of Muhammad Amin Nawabi dated August 15, 2001
Copy of Drivers License
Criminal Record Check of Saeed Farooq Shah Aleme dated August 15, 2001
Copy of Drivers License
Handwritten notes dated August 24, 2001
Declaration for Registration dated August 29, 2001
Letter to Aleme Saeed from Barb Windsor dated August 30, 2001
2001 Business License #01-414639 dated August 30, 2001
2002 Business License #02-110199 dated January 16, 2002
2003 Business License #03-402785 dated December 18, 2002
Letter to The Pitstop Mart from Barb Windsor dated December 2, 2003
Criminal Record Check of Roman Safi dated December 19, 2003
Photo
Handwritten notes dated December 15, 2003
2004 Business License #04-025531 dated March 3, 2004
Letter to Saeed Aleme from Barb Windsor dated August 11, 2004
Handwritten notes dated August 20, 2004
Handwritten notes dated January 13, 2005
Letter to Saeed Aleme from Paul Teichroeb dated February 14, 2005
License Bill #809032 dated February 14, 2005
Handwritten letter from Aleme Saeed dated February 15, 2005
Letter to Saeed Aleme from Barb Windsor dated February 16, 2005
2 Police Department
Report #2001-258279 dated October 9 - 13, 2001
Report #2001-266193 dated November 19, 2001
Report #2002-210666 dated September 10, 2002
Report #2003-130071 dated May 31, 2003
Report #2004-185590 dated July 23, 2004
Report #2004-254898 dated September 30, 2004
Handwritten notes dated October 26, 2004
Handwritten notes dated October 27, 2004
Iain Dixon, City lawyer, was present on behalf of the City. Mr. Saeed Aleme (The "Licensee") was present and represented by Paul Sabatino. Mr. Amin Nawabi (The "Licensee") was not present. Mr. Aleme advised he is in the process of buying Mr. Nawabi's share of the business and no longer considers Mr. Nawabi his partner.
This appeal had been referred to City Council by the Chief License Inspector pursuant to section 8(1) of the License By-law of the City of Vancouver and sections 277, 277.1 and 278 of the Vancouver Charter.
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. Additional Vancouver Police Department Patrol Division documents entitled "Ops Plan for E Broadway/Fraser Street" dated July 15, 2004, and "Operation Broadway Swoop" dated July 23, 2004, were circulated at the Hearing (on file in the City Clerk's Office). The foregoing evidence sets out the allegations that the Licensee 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;
(c) dealing in tobacco in contravention of the Tobacco Sales Act, R.S.B.C. 1996, c. 451; and
(d) dealing in second hand merchandise without being the holder of a business license to do so, in contravention of the License By-law of the City of Vancouver.
In support of the allegations set out in the above-noted reports and evidence, Mr. Dixon called the following witnesses:
1. Barb Windsor
2. PC 2030 Kevin Ng
3. PC 2038 Frederick Oldendorf
4. PC 2308 Jeffrey Dy
5. PC 1893 Elvis Bellia
6. PC 2186 Christine Cho
7. PC 1966 Eileen Volpatti
Mr. Sabatino also directed questions to the witnesses.
The following evidence was submitted by the licensee's counsel, Mr. Sabatino:
· photographs of signs posted in the subject premises advising the management does not buy stolen property;
· a hand written notice addressed to Mr. Aleme's employees, and posted in the store, advising stolen property should not be purchased on the premises; and
· a letter from Mr. Aleme's doctor, advising of Mr. Aleme's history of episodic vertigo, and the effect closure of his business would have on this condition.
Mr. Sabatino then called Mr. Aleme as a witness. Mr. Aleme advised he continued to sell products the previous owner had stocked, and did not know the rose pipes were used to smoke crack cocaine. Mr. Aleme also confirmed it was not himself, but rather his brother who had purchased the clothing and liquor offered by the undercover police officer.
Mr. Dixon submitted that the evidence presented at this Hearing accords with the allegations as set out in the evidence briefs, and set out the legal test for the Panel to apply to determine whether or not the 2005 City of Vancouver business license granted to Saeed Aleme and Amin Nawabi doing business as The Pitstop Mart, for business premises located at 701 East Broadway, Vancouver, British Columbia, should be suspended or revoked.
Mr. Sabatino urged Panel members to take into account the evidence presented this day in totality including:
· the steps taken by Mr. Aleme to improve the way he carries on business, including the posting of signs in regard to stolen goods and his assurance he will attend to the issue of having employees produce police reports and records; and
· the incident in regard to the ring was a favour to a regular customer and not, per se, carrying on the practice of a pawnshop keeper, as was the incident with the VCR and DVD player.
Mr. Sabatino advised his client admits he has made mistakes, and has now learned from those mistakes, and submitted that cancellation or suspension of Mr. Aleme's license will in effect amount to collation of his license and bankruptcy. The Panel was urged to not suspend his client's license, but rather allow him to carry on and improve both himself and his business.
PANEL MEMBERS DISCUSSION
Prior to a decision on this matter, Panel members noted the demonstrated history of the allegations set out above, including demonstrated repeated breaches of terms of the license as put forward by the Deputy Chief License Inspector. One Panel member suggested a longer suspension than that proposed would be more appropriate. The Panel also noted the need to ensure Mr. Aleme's brother, Amir Aleme and Mr. Narzi Nawabi would no longer be employed by Mr. Aleme at The Pitstop Mart.
MOVED by Councillor Woodsworth
THAT the three-month suspension by the Chief License Inspector of the 2005 City of Vancouver business license issued to Saeed Aleme and Amin Nawabi (the "Licensees") doing business as The Pitstop Mart for business premises located at 701 East Broadway, Vancouver, British Columbia (the "Premises"), be UPHELD, because the Licensee 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;
(c) dealing in tobacco in contravention of the Tobacco Sales Act, R.S.B.C. 1996, c. 451; and
(d) dealing in second hand merchandise without being the holder of a business license to do so, in contravention of the License By-law of the City of Vancouver.
FURTHER THAT neither Mr. Saeed Aleme's brother, Amir Aleme, nor Mohammed Nazir Nawabi, be an employee, or be allowed to work in The Pitstop Mart, the business premises located at 701 East Broadway.
CARRIED UNANIMOUSLY
The Business License Hearing Panel adjourned at 10:55 p.m.
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