Agenda Index City of Vancouver


sc990308.htm


CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

DECEMBER 8, 10, 1998, JANUARY 26, FEBRUARY 4, and

MARCH 8, 1999

PRESENT:

Deputy Mayor George Puil, Chair (Dec.)
Councillor George Puil, Chair (Jan./Feb./Mar.)
Councillor Don Bellamy
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Don Lee
Councillor Sam Sullivan

ABSENT:

Mayor Philip Owen
Councillor Nancy A. Chiavario (Present Dec. 8 & 10, 1998, and Jan. 26, 1999; Sick Leave Feb. 4th)
Councillor Jennifer Clarke (Sick Leave Dec. 8)
Councillor Daniel Lee (Leave of Absence Dec. 8)
Councillor Gordon Price

CITY MANAGER'S
OFFICE:

Judy Rogers, Deputy City Manager (Dec.)
City Manager (Jan./Feb./Mar.)

CITY CLERK'S REPRESENTATIVE:

Denise Salmon

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Don Lee,

1. Sister Icee's Hemp BC and Cannabis Cafe File: 2711-12

TAB

1. 1992-1998 Business Licence History re Hemp B. C., Cannabis Cafe, and 307 West Hastings Street

2. January 1996 Police Documentation re search warrant at 324 West Hastings Street

3. January 10, 1996 letter from Sgt. Jens Linde, Vancouver Police Department to Paul Teichroeb

4. July 1996 and December 1996 Internet information from hempbc.com site

5. June 20, 1997 Internet information from hempbc.com site re Cannabis Cafe

6. July 17, 1997 Memo from Insp. D. Jones to Paul Teichroeb

7. July 31, 1997 Letter from Paul Teichroeb to Marc Emery refusing to issue business licence for Cannabis Cafe

8. December 16, 1997 Police Documentation re search warrant

9. December 18, 1997 Letter from Sgt. C. Hetherington to Paul Teichroeb and December 18 and 19, 1997 reports of Guy Gusdal

10. January 17, 1998 Police Documentation re trafficking charges against Marc Emery arising at 307 West Hastings Street

11. February 17, 1998 Letter from Paul Teichroeb to Marc Emery declining to issue business licences in 1998 for Hemp B. C. and Cannabis Cafe

12. March 13, 1998 Marc Emery's Undertaking to a Justice or a Judge agreeing not to be found in the 300 block West Hastings Street

Clause 1 Cont'd

13. April 20, 1998 package of Letters and materials from Jonathan Baker & Associates, legal counsel for Shelley Francis and Adam Patterson, re Cannabis Cafe business licence application by Adam Patterson

14. April 20, 1998 package of Letters and materials from Jonathan Baker & Associates, re Shelley Francis and Hemp B. C. business licence application

15. April 30, 1998 Police Documentation re search warrant at 307 West Hastings Street

16. May 20, 1998 Letter from Jonathan Baker & Associates re Shelley Francis's purchase of the Cannabis Cafe from Adam Patterson

17. July 16, 1998 Letter from Paul Teichroeb to Shelley Francis refusing to issue 1998 business licences re Sister Icee's Hemp B. C. and Cannabis Cafe

18. July 31, 1998 Police Documentation re undercover operation at 307 W. Hastings St.

19. August 6, 1998 Police Documentation re Shelley Francis

20. August 19, 1998 Corporate Searches re S.C.Y. Chow Enterprises Co. Ltd.

21. August 27, 1998 Vancouver Police Department report re telephone call from Chris Anstee, former manager of Cannabis Cafe

22. August 27, 1998 Letter from John Nelson, City of Vancouver, Law Department, to Brent Lokash, Jonathan Baker & Associates requesting documents

23. August 28, 1998 Consumer Tax Branch Bulletin 044 re P.S.T.

24. September 4, 1998 - two Affidavits of Valerie Fuller, Legal Assistant with the City of Vancouver

25. September 11, 1998 Internet search showing Hemp B. C.'s Administrative Contact as at September 11, 1998 as Will Griffin of Avalon Sunsplash, 504 - 21 Water Street with attached Internet information on Cannabis Cafe

26. September 15, 1998 Letter from John G. Nelson, City of Vancouver, Law Department to Brent Lokash, Jonathan Baker & Associates requesting documents

Clause 1 Cont'd

27. Statute Extracts:

28. Reported Cases:

Tuck v. Robson, February 19, 1970

MOVED by Cllr. Bellamy,

Clause 1 Cont'd

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MOVED by Cllr. Chiavario, (December 8, 1998)

(Councillors Bellamy, Kennedy, Don Lee, Sullivan and Deputy Mayor Puil opposed.)

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CHALLENGE TO THE CHAIR

MOVED by Cllr. Chiavario, (December 8, 1998)

(Councillors Bellamy, Kennedy, Don Lee, Sullivan and Deputy Mayor Puil opposed.)

MOVED by Cllr. Chiavario, (January 26, 1999)

(Councillors Bellamy, Kennedy, Don Lee, Puil and Sullivan opposed.)

Clause 1 Cont'd

(b) encouraging, facilitating, promoting or permitting the sale of drug paraphernalia on the premises;

(d) carrying on business and or managing a business to the detriment of the safety and well being of the public and in particular minors by selling, offering for sale, displaying for sale, and distributing to a person actually, or apparently under the age of sixteen years drug paraphernalia and Cannabis (marihuana) that may be harmful or dangerous to the health or safety of persons actually or apparently under the age of sixteen years pursuant to Sections 275 & 277 of the Vancouver Charter.

· Paul Teichroeb, Chief Licence Inspector,

Clause 1 Cont'd

· Guy Gusdal, Permit and Licenses (December 10)
· Inspector Dave Jones, i/c District 1, Vancouver Police Department (December 10)
· Det./Cst. #1462 Cinda Lucille Lose, Vancouver Police Department (December 10)
· Det. #423 Robert Neal Tyldsley, Vancouver Police Department (December 10 and January 26)
· Det./Cst. #1695 Mark Bragagnolo, Vancouver Police Department (January 26)
· Sgt. #652 Wayne Cope, Vancouver Police Department (January 26)
· Det./Cst. #1277 Ian D.R. Thurber, Vancouver Police Department (January 26)
· Sgt. #764 Carl Hetherington, Vancouver Police Department (February 4)
· portion of video tape 'Under Appeal' dated May 14, 1998
· portion of video tape 'Nitewatch' dated April 1998

· Claudette Barrett, Proprietor, Juice Joint Java, 319 West Hastings
· Steve Lippold, Merchant, Cabbages and Kinx, 315 West Hastings
· Greg Cooper
· Michael Butts, area resident
· Don Vincent, Owner, Basic Imports

a) The applicant has not properly managed the businesses at 307 West Hastings Street and increased the risk of harm to the general public by promoting, facilitating, and permitted the possession and consumption of cannabis on the premises; and promoting, facilitating and allowing drug instrument sales on the premises.

Clause 1 Cont'd

b) The applicant is untrustworthy, has an irresponsible attitude, demonstrates a total lack of cooperation with the police, which all caused a deterioration of the degree of respect for the law in the neighbourhood and negatively impacted the well being and safety of people living or entering into that neighbourhood.

c) The applicant facilitated, and permitted Marc Emery to continue operating the business by participating in a ruse to deceive the City and avoid the City's legitimate licensing considerations.

d) The applicant increased the risk of harm, or danger to the health or safety of children contrary to Section 277(d) of the Vancouver Charter.

Council Discussion

MOVED by Cllr. Kennedy,

THAT two 1999 Business Licenses not be granted to the applicant, Shelley Francis, carrying on business as Sister Icee's Hemp BC and Cannabis Cafe, 307 West Hastings Street, Vancouver, British Columbia, due to the following substantiated allegations that the applicant has failed to properly manage the premises resulting in a negative impact on the neighbourhood by:

(b) demonstrating a total lack of cooperation with the police, and in particular barring the police from 307 West Hastings Street;

Clause 1 Cont'd

(c) causing increased risk of harm, or danger to the health or safety of adults and children contrary to Section 277(d) of the Vancouver Charter by also allowing smoking on the premises in contravention of the City's Health By-law (Sec. 6.1 and 6.2).


RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Herbert,
SECONDED by Cllr. Sullivan,

The Council recessed at:

and

adjourned at 9:25 p.m. on March 8, 1999

* * * * *


sc990308.htm


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