CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

OCTOBER 20, 1999

A Special Meeting of the Council of the City of Vancouver was held on Wednesday, October 20, 1999, in the Council Chamber, Third Floor, City Hall, commencing at 2:00 p.m., for the purpose of determining whether or not a 1999 Business License should be issued to the Applicant, Salvatore Bruzzese, doing business as Elena’s Cafe, 3885 Rupert Street, Vancouver, British Columbia.

1. Show Cause Hearing

Elena’s Cafe, 3885 Rupert Street File: 2711-19

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:

Clause 1 Cont'd

Tab

Notice of Hearing

1 Business License Pre-Application Information Sheet

License+ Information

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Letter dated September 27, 1999, from Salvatore Bruzzese to Paul Teichroeb, Chief License Inspector, with attached cheque

Letter dated October 8 1999, from the Chief License Inspector to Salvatore Bruzzese

2 Affidavit of Barb Windsor, sworn September 30, 1999

3 Council Resolution re Elena’s Cafe, dated September 21, 1999

4 Affidavit of Pat Wall, sworn October 6, 1999

5 Affidavit of Norm Pennie, sworn September 30, 1999

6 Affidavit of Anna Seto, sworn September 30, 1999

7 Building Permit

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Mr. Kamil Lotfali, Barrister & Solicitor, represented the applicant, Salvatore Bruzzese.

Ms. Kinahan noted 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. Ms. Kinahan referred Council to evidence before it as set out in Affidavits, a police report, the evidence of witnesses, and a letter to the Applicant dated October 8, 1999, which set out the allegations that the Applicant is likely to carry on business to the detriment of the safety and well being of the public in that:

(a) the Applicant has carried on business in the City of Vancouver without a business license in contravention of the License By-law of the City of Vancouver;

(b) the Applicant has been closely involved in the operation of Elena’s Cafe in the past and has participated in disruptive, noisy activities at Elena’s Cafe, to the detriment of the safety and well being of the public.

Clause 1 Cont'd

Ms. Kinahan reviewed evidence brought before Council on September 21, 1999, and noted that Council could consider whether or not the application by Salvatore Bruzzese was a genuine application on his own behalf, or an application on behalf of Elena Bruzzese, and an attempt to circumvent the Council decision of September 21st. In support of the allegations set out in the above noted reports and evidence, Ms. Kinahan called the following witnesses:

… Dave Fieldhouse, Supervisor of Inspectors

Property Use Inspection

… Paul Teichroeb, Assistant Director/Chief License Inspector

License and Property Use Division

Mr. Lotfali also directed questions to the witnesses and submitted for Council's consideration an undated document (on file) outlining submissions on behalf of Mr. Salvatore Bruzzese. In response to questions from Council, Mr. Bruzzese advised of financial concerns related to Elena's lease for the cafe. Mr. Bruzzese also expressed the opinion that the neighbours were lying about the disruption caused to the neighbourhood by the operation of Elena’s Cafe by Elena Bruzzese.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in Affidavits, a police report, the evidence of witnesses, and the letter to the Applicant dated October 8, 1999, and set out the legal test for Council to apply in determining whether or not a 1999 business license ought to be granted to the Applicant, Salvatore Bruzzese, doing business as Elena’s Cafe, 3885 Rupert Street, Vancouver, BC.

COUNCIL DISCUSSION

Prior to a decision on this matter, Council members noted the demonstrated history of poor management of the premises, evidence the application is not genuine, but rather on behalf of Elena Bruzzese, and the Applicant's lack of experience or training in the operation of a limited serve food establishment. It was also suggested Mrs. Bruzzese consider selling or sub-leasing the lease for Elena's Cafe.

MOVED by Cllr. Bellamy,

A. THAT a 1999 business license not be issued to the Applicant, Salvatore Bruzzese, doing business as Elena’s Cafe, 3885 Rupert Street, Vancouver, British Columbia, because the Applicant is likely to carry on business to the detriment of the safety and well being of the public in that:

Clause 1 Cont'd

(a) the Applicant has carried on business in the City of Vancouver without a business license in contravention of the License By-law of the City of Vancouver;

(b) the Applicant has been closely involved in the operation of Elena’s Cafe in the past and has participated in disruptive, noisy activities at Elena’s Cafe, to the detriment of the safety and well being of the public;

(c) the application by Salvatore Bruzzese is not a genuine application, but rather an application on behalf of Elena Bruzzese, and therefore an attempt to circumvent the Council decision of September 21, 1999;

(d) the Applicant has no experience or training in the operation of a limited service food establishment.

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

C. 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 3:20 p.m.

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