CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

SEPTEMBER 22, 1999

A Special Meeting of the Council of the City of Vancouver was held on Wednesday, September 22, 1999, in the Council Chamber, Third Floor, City Hall, commencing at 2:00 p.m., for the purpose of an Appeal from the decision of the Chief License Inspector to suspend the 1999 business license of Mike Paydar, doing business as Macarena Pizza & Donair, for a period of two (2) months.

PRESENT:	Mayor Philip Owen Councillor Don Bellamy Councillor Jennifer Clarke Councillor Alan Herbert Councillor Daniel Lee Councillor Don Lee
ABSENT:	Councillor Nancy A. Chiavario (Civic Business) Councillor Lynne Kennedy (Civic Business) Councillor Gordon Price (Civic Business) Councillor George Puil (Civic Business) Councillor Sam Sullivan (Civic Business)
CLERK TO THE COUNCIL:	Denise Salmon

1. Show Cause Hearing

Macarena Pizza & Donair - 237 East Hastings Street File: 2711-18

Vancouver City Council had before it for consideration an Evidence Brief prepared by the City's Legal Department which contained the following material (on file in the City Clerk's Office) and the evidence of witnesses:

Tab
Notice of Hearing

1 Permits and Licenses Department Documents:

- Business License

- Letter dated July 9, 1999, from Barb Windsor, Deputy Chief License Inspector, City of Vancouver, to Mike Paydar, Macarena Pizza and Donair

- Meeting notes of July 13, 1999
- Letter dated July 19, 1999, from Paul Teichroeb, Chief License Inspector, City of Vancouver, to Mike Paydar, Macarena Pizza and Donair
- Letter of Appeal dated July 26, 1999

2 Police Reports:

- May 21, 1999
- May 30, 1999
- June 23, 1999

- July 7, 1999

3 Reports from Vancouver/Richmond Health Board:

- License Information
- Application dated January 19, 1998
- Permit dated January 26, 1998
- Report dated January 19, 1998
- Report dated March 22, 1998
- Report dated March 26, 1998
- Report dated April 2, 1998
- Anonymous letter dated October 30, 1998, addressed to the Vancouver Health Department, Environmental Health Division
- Report dated October 30, 1998
- Report dated November 2, 1998
- Report dated November 3, 1998
- Report dated December 17, 1998
- Report dated December 19, 1998
- Report dated March 10, 1999
- Report dated March 11, 1999
- Report dated June 28, 1999
- Report dated June 30, 1999

4 Letter dated June 28, 1999, from Lisa McDonald, Liquor Inspector, to City of Vancouver, Attention: Barb Windsor, re Macarena Restaurant

Ms. Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Mr.Mike Paydar, doing business as Macarena Pizza & Donair, 237 East Hastings Street, represented himself. Also present, and speaking on Mr. Paydar's behalf, was Mr. George Iwaszko.

Ms. Kinahan noted the proceedings were taking place pursuant to Section 277 of the Vancouver Charter, which provides the Chief Licence Inspector may suspend, for such period as he may determine, any business license and provides for an appeal to Council and Section 275 of the Vancouver Charter, which provides that the issuance of a business license is deemed to be at the discretion of Council.

Council's attention was then directed to a memorandum dated September 8, 1999, from the City's Director of Legal Services, to Mike Paydar, doing business as Macarena Pizza & Donair, which set out the allegations that the Applicant has, in the opinion of the Chief License Inspector, been guilty of gross misconduct with respect to the licensed premises, including failing to properly manage the premises by:

(a) permitting the illegal sale and consumption of alcohol on the premises;
(b) allowing the premises to remain open past the closing time of 2:00 a.m.;
(c) permitting or failing to prevent unsanitary conditions;
(d) permitting or failing to prevent the consumption of unlawful drugs on the premises; and
(e) failing to control the behaviour of patrons on the premises.

In support of these allegations, Ms. Kinahan called the following witnesses:

· Constable 1589 Windrim
· Greta Kos, Environmental Health Inspector
· Richard Taki, Environmental Health Inspector
· Virginia Jorgensen, Environmental Health Inspector
· Lisa Field, Liquor Inspector
· Constable 1794 Candace Murray
· Constable 1674 Steven Shaw
· Paul Teichroeb, Chief License Inspector

Mr. Paydar, with assistance of Mr. Iwaszko, directed questions to the witnesses. Mr. Paydar circulated, for Council's consideration, letters of support and a petition signed by a number of the business patrons (copy of petition on file in City Clerk's Office, support letters were removed by the applicant).

Ms. Kinahan submitted that the evidence presented at this Hearing sets out the legal test for Council to apply in determining whether or not the two (2) month suspension of the 1999 business license of Mike Paydar, doing business as Macarena Pizza & Donair, 237East Hastings Street, should be upheld or set aside. In response to a question from Council, she further advised that the issuance of a business license is deemed to be at the discretion of Council and Council can revoke a business license for poor management.

COUNCIL DISCUSSION

Prior to a decision on this matter, Council members noted the demonstrated history of health infractions, and lack of control over management of the premises, as set out in the above allegations.

MOVED by Cllr. Bellamy,

A. THAT the decision of the Chief License Inspector to suspend the 1999 business license of Mike Paydar, doing business as Macarena Pizza & Donair, for a period of two (2) months be confirmed.

B. THAT upon completion of the two (2) month suspension, the 1999 Business License issued to Mike Paydar, doing business as Macarena Pizza & Donair, 237 East Hastings Street, be revoked, due to the following substantiated allegations that the applicant has been guilty of gross misconduct with respect to the licensed premises, including failing to properly manage the premises by:

(a) permitting the illegal sale and consumption of alcohol on the premises;
(b) allowing the premises to remain open past the closing time of 2:00 a.m.;
(c) permitting or failing to prevent unsanitary conditions;
(d) permitting or failing to prevent the consumption of unlawful drugs on the premises; and
(e) failing to control the behaviour of patrons on the premises.

C. THAT Council be informed by the Chief License Inspector if any further applications for a business license are made by Mike Paydar to the City of Vancouver.

D. THAT the member municipalities of the Greater Vancouver Regional District be notified of Council's decision on this matter.

- CARRIED UNANIMOUSLY

The Special Council adjourned at 3:55 p.m.

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(c) 1998 City of Vancouver