Report to/Rapport au:
License Committee /
Comité des permis
February 6, 2009 / le 6 février 2009
Contact/Personne-ressource:
Linda Anderson, Manager,
Enforcement and Inspection /
Gestionnaire, Application et
inspection
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Ref N°: ACS2009-COS-BYL-0005 |
SUBJECT: LICENSE COMMITTEE – status review
- tobacco vendor license and food premises license – 1578031 ontario inc. - Hasty Market - 2361
Carling Avenue
OBJET: COMITÉ
DES PERMIS – EXAMEN DE L’ÉTAT – PERMIS DE VENDEUR DE TABAC ET PERMIS POUR
ÉTABLISSEMENT DE RESTAURATION – 1578031 ONTARIO INC. – HASTY MARKET – 2361,
AVENUE CARLING
That License Committee consider the Chief License Inspector’s recommendation to revoke the licensee’s Tobacco Vendor License and to review the status of the licensee’s Food Premises License.
Que le Comité des permis examine la recommandation de l’inspecteur chef des
permis de révoquer le permis de vendeur de tabac et d’examiner l’état du permis
pour établissement de restauration.
1578031 Ontario Inc. carries on business at 2361 Carling Avenue and is a
licensed Tobacco Vendor and Food Premises.
The Licensee has been convicted and has of various outstanding charges
under the Smoke Free Ontario Act, including relating to the sale and supply
of tobacco cigarettes.
The Chief License Inspector recommends the revocation of the Tobacco
Vendor License and status review of the Food Premises License pursuant to the
Licensing By-law 2002-189, including a breach of the law and the licensee’s
conduct may be adverse the public interest.
The Licensee appeared before the License Committee hearing on November
17, 2008 and the License Committee rendered the following decision:
The License Committee
unanimously approved the following:
1.
The Licensee's Tobacco Vendor License
is hereby suspended immediately and the License shall not otherwise be renewed
pending the disposition by the License Committee with respect to the Chief
License Inspector's recommendation to revoke the Tobacco Vendor License. The Licensee is to surrender the Tobacco
Vendor License to the Chief License Inspector by no later than 12:00 p.m. on
Friday, November 21, 2008. The hearing on the Tobacco Vendor License to be
scheduled before the License Committee for January 19, 2009.
2. The Licensee's Food Premises License will be
subject to a status review hearing before the License Committee within the next
six months the hearing of which to be scheduled at the request of the Chief
License Inspector.
The Licensee appeared before
the License Committee hearing on January 19, 2009 and the License Committee
rendered the following decision:
1.
To uphold its decision of November 17,
2008, that the licensee's Tobacco Vendor License remain suspended and the
license shall not otherwise be renewed pending the disposition by the License
Committee with respect to the Chief License Inspector's recommendation to
revoke the Tobacco Vendor License.
2.
The Licensee's Food Premises
License will be subject to a status review hearing before the License Committee
within the next six months the hearing of which to be scheduled at the request
of the Chief License Inspector.
3.
That these matters will be
dealt with at the next License Committee meeting on February 6, 2009.
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CONDITIONS FOR ISSUANCE OF LICENSE |
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13. |
(1) |
An applicant for an original license, or
the renewal of a license, is, subject to the provisions of this by-law,
entitled to be issued the license, except where: |
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(a) |
the applicant has not, |
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(i) |
completed the prescribed application
forms, |
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(ii) |
delivered with the application payment in
full of the processing fee, the late fee, if applicable, and the license fee
as set out in Section 15 to be paid in respect of such license, or |
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(iii) |
complied with the license requirements
set out in this by-law for the applicable business, |
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(b) |
the conduct of the applicant affords
reasonable grounds for belief that the applicant has not carried on, or will
not carry on, his or her business in accordance with the law and with
integrity and honesty, |
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(c) |
there are reasonable grounds for belief
that the carrying on of the business by the applicant has resulted, or will
result, in a breach of this by-law or any other law, |
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(d) |
there are reasonable grounds for belief
that the carrying on of the business may be adverse to the public interest or |
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(e) |
any additional fee imposed on the
applicant remains unpaid after the due date on the notice of additional fee
is sent to the applicant. |
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(2) |
Where two or more persons carry on or
engage in partnership in any of the businesses set out in Section 9, the
license shall be issued in the name of one partner only, but when the
application for license is made, the name and address of each member of the
partnership shall be set out therein as well as the name under which they
carry on or intend to carry on business. |
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REFUSAL, REVOCATION AND
SUSPENSION OF A LICENSE |
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REFUSAL OF ISSUANCE OF LICENSE |
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21. |
(1) |
The Chief License Inspector shall refuse
to issue to the applicant the license applied for if the conditions for
issuance in Section 13 have not been met. |
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(2) |
The Chief License Inspector shall give
the applicant notice of the refusal to issue the license applied for in
writing, said notice to be served personally or by registered mail to the
applicant at the address shown on the application. |
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(3) |
The Chief License Inspector shall return
the license fee paid at the time of the application in respect of such
license after the expiration of fourteen (14) days of having served the
notice provided that an application for review of the refusal to issue the
license has not been filed. |
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APPLICATION FOR REVIEW OF REFUSAL TO
ISSUE |
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22. |
An applicant in receipt of a notice of
refusal given pursuant to Section 21 may, within fourteen (14) days of having
been served the notice, apply in writing for a review of the refusal to issue
the license applied for by filing the request for a review with the Chief
License Inspector, and the provisions of Sections 24 to 28 shall apply. |
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REPORT FOR REVIEW OF STATUS OF LICENSEE |
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23. |
The Chief License Inspector may report to
the License Committee any breaches by the licensee of this by-law with a
request to consider the status of the license. |
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DATE OF REVIEW HEARING |
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24. |
The Chief License Inspector, |
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(a) |
upon receipt of the application referred
to in Section 22, or |
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(b) |
upon reporting to the License Committee
as set out in Section 23, shall determine a date with the Committee
Coordinator of the License Committee for the review hearing by the License
Committee which shall be at least fourteen (14) days hence. |
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NOTICE OF REVIEW HEARING |
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25. |
Upon determination of the review hearing
date, the Chief License Inspector shall give notice in writing to the
applicant or licensee, said notice to: |
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(a) |
include a statement, |
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(i) |
as to the time, date, place and purpose
of the review hearing, and |
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(ii) |
that, if the applicant does not attend
the review hearing, the License Committee may proceed in the absence of the
applicant or licensee and the applicant or licensee will not be entitled to
any further notice, |
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(b) |
be served personally or by registered
mail to the applicant or licensee at the address last on file with the Chief
License Inspector, and |
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(c) |
where the good character, propriety of
conduct or competence of a licensee is an issue, contain reasonable
information of any allegations with respect thereto. |
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HEARING |
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26. |
(1) |
The License Committee shall hold the
review hearing at the time, place and date set out in the notice referred to
in Section 25. |
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(2) |
The applicant or licensee may be
represented at the review hearing by counsel, and the applicant or licensee
or the counsel shall have the right to adduce evidence, submit argument in
support of the application for a license or the status quo of the license and
cross-examine witnesses adverse in interest. |
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(3) |
The City shall be represented at the
review hearing by either the Chief License Inspector or the City Solicitor,
who is entitled to adduce evidence and submit arguments in reply to evidence
and argument on behalf of the applicant or licensee. |
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(4) |
At the review hearing, the onus shall be
upon the applicant or licensee to show cause why, |
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(a) |
the license applied for should be
granted, |
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(b) |
the license should not be suspended or
revoked , or |
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(c) |
conditions should not be imposed on the license. |
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(5) |
All review hearings shall be public
hearings unless the applicant or licensee requests that the hearing be held in
camera and the License Committee may approve the request by a simple majority
in accordance with the Statutory Powers Procedure Act, R.S.O. 1990, Chap.
S.22, as amended. |
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(6) |
The License Committee's decision shall be
final and binding. |
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LICENSE COMMITTEE DECISION |
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27. |
The License Committee shall give its
decision in writing to the Chief License Inspector within seven (7) days of
the date of the completion of the review hearing. |
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WAIVER OF HEARING |
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28. |
Despite any of the provisions of this
by-law, any proceedings may be disposed of by a decision of the License
Committee given, |
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(a) |
without a hearing, or |
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(b) |
without compliance with any other
requirements of the Statutory Powers Procedure Act, R.S.O. 1990, Chap. S.22,
as amended, or of this by-law incorporating such requirements, |
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where the licensee has waived such
hearing or compliance. |
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IMPLEMENTATION OF LICENSE COMMITTEE
DECISION |
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29. |
(1) |
The Chief License Inspector shall notify
the applicant or licensee of the decision by serving a copy personally or by
registered mail to: |
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(a) |
the applicant or licensee at the address
shown on the application, or last on file with the Chief License Inspector,
or |
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(b) |
the counsel or agent of the applicant or
licensee, if any, at the address as stated to the License Committee. |
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(2) |
If the decision rendered is to grant the
applicant the license applied for, the license shall be issued. |
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(3) |
If the decision is to suspend or revoke
the license, the licensee shall within twenty-four (24) hours of service of
notice by registered mail, or immediately if the notice is personally served,
return the license to the Chief License Inspector, and the Chief License
Inspector shall have access to any premises or other property of the licensee
for the purpose of receiving or taking the same. |
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(4) |
If the decision is to impose conditions
on the license, the licensee shall within twenty-four (24) hours of service
of notice by registered mail, or immediately if the notice is personally
served, advise the Chief License Inspector as to his or her acceptance of the
conditions. |
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The licensee has been notified of the date and time of the hearing, and has been provided with a copy of this report.
FINANCIAL IMPLICATIONS
There are no financial implications associated with this report.
DISPOSITION
The Chief License Inspector to implement the decision of License Committee accordingly.