Business License Hearing (Price Low Foods) Minutes

CITY OF VANCOUVER

BUSINESS LICENSE HEARING MINUTES

DECEMBER 13, 1999

A Business License Hearing of the Council of the City of Vancouver was held on Monday, December 13, 1999, in the Council Chamber, Third Floor, City Hall, commencing at 9:30 a.m., for the purpose of determining whether or not a 1999 Business License should be issued to Charanjit Singh Mrock, also known as Tony Mrock, doing business as Price Low Foods, 6517 Main Street, Vancouver, B.C.

PRESENT:	Councillor Jennifer Clarke, Chair Councillor Lynne Kennedy Councillor Gordon Price
MEETING CO-ORDINATOR:	Denise Salmon

1. Price Low Foods - 6517 Main Street File: 2711-21

The Business License Hearing Panel 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
Letter from Chief License Inspector dated September 27, 1999
Letter to Chief License Inspector dated October 4, 1999

A. Affidavit of Paul Teichroeb

B. 1998 Business License of All India Foods
Council Resolution of July 27, 1999
Letter from Paul Teichroeb, Chief License Inspector, dated July 29, 1999

C. Cheque dated September 20, 1999, from All India Restaurant and Sweets Ltd.
Corporate Search, All Indian Restaurant and Sweets Ltd.

Corporate Search, All India Foods (1999) Ltd.

Clause 1 Cont'd

D. Occupancy Permit and Approved Plans, 6507 Main Street and 6517-6529 Main Street

E. Environmental Health Division, Vancouver/Richmond Health Board, Food Establishment Report Forms

Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Mr. Tony Mrock, the Applicant, represented himself.

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, 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 Councillors. Ms. Kinahan referred the Panel to evidence before it as set out in Affidavits, Environmental Health reports, the evidence of witnesses, and a letter to the Applicant dated November 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 been closely involved in the operation of All India Foods, 6517 Main Street, Vancouver, British Columbia (hereinafter “All India Foods”), and failed to properly manage All India Foods by:

(i) failing to deal with a rodent infestation problem at All India Foods;
(ii) failing to respond to closure orders at All India Foods, issued by the Medical Health Officer, in contravention of Section 3.1 of the Health By-law;
(iii) causing a drain on public resources due to the manner in which All India Foods was managed;

(b) the application by Charanjit Singh Mrock is not an independent application, but is in fact an application on behalf of Karnail Singh Mrock, and therefore an attempt to circumvent the Council Resolution of July 27, 1999.

Ms. Kinahan reviewed evidence brought before Council on July 27, 1999, and noted the Panel could consider whether or not the application by Tony Mrock was a genuine application on his own behalf, or an application on behalf of Karnail Singh Mrock, and an attempt to circumvent the Council decision of July 27th.

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

Clause 1 Cont'd

… Paul Teichroeb, Assistant Director/Chief License Inspector

License and Property Use Division

… Cliff Pryce, District Building Inspector
… Garrett Brouwen, Environmental Health Officer
… William McIntyre, Senior Environmental Health Officer

Mr. Mrock also directed questions to the witnesses and submitted for the Panel's consideration a copy of a lease, dated October 29, 1999, (circulated and on file) outlining the applicant's intent to operate the premises on his own behalf. He also noted an Environmental Health Officer had declared the premises cleaned from any sign of rodent infestation one week ago. Mr. Mrock requested Panel members to allow him the opportunity to run the business on his own.

Ms. Kinahan submitted that the evidence presented at this Hearing accords with the allegations as set out in Affidavits, Environment Health reports, the evidence of witnesses, and the letter to the Applicant dated October 8, 1999, and sets out the legal test for Council to apply in determining whether or not a 1999 business license ought to be granted to the Applicant, Charanjit Singh Mrock, aka Tony Mrock, doing business as Price Low Foods, 6517 Main Street, Vancouver, BC.

PANEL MEMBERS' DISCUSSION

Prior to a decision on this matter, Panel members noted the applicant's demonstrated lack of understanding of business management practices, the history of poor management, evidence the application is not genuine, but rather on behalf of Karnail Singh Mrock, and the applicant's past abusive behaviour.

MOVED by Cllr. Kennedy,

THAT a 1999 business license not be issued to the Applicant, Charanjit Singh Mrock, also known as Tony Mrock, doing business as Price Low Foods, 6517 Main Street, Vancouver, B.C. because the Applicant is likely to carry on business to the detriment of the safety and well being of the public in that:

(i) failing to deal with a rodent infestation problem at All India Foods;

Clause 1 Cont'd

(ii) failing to respond to closure orders at All India Foods, issued by the Medical Health Officer, in contravention of Section 3.1 of the Health By-law;
(iii) causing a drain on public resources due to the manner in which All India Foods was managed;

- CARRIED UNANIMOUSLY

The Business License Hearing Panel adjourned at 10:35 a.m.

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