707994 Alberta Ltd. o/a Fountain Mini Mart, 1600, 8882 - 170 Street, Tobacco Dealer License, Account No. 108237

Recommendation:
  1. That the Community Services Committee hear the appeal from 707994 Alberta Ltd. o/a Fountain Mini Mart.
  2. That the decision of the Administration be upheld.

Report Summary

  • The Community Services Committee is requested to hear an appeal to a decision of the License Inspector that suspends a Tobacco Dealer license on a business account. The Committee is further requested to uphold the decision of the License Inspector.

Previous Council/Committee Action

  • At the March 24, 1999 Community Services Committee meeting the following motion was passed:

That the hearing on the appeal by Fountain Mini Mart be postponed to the April 12, 1999 Community Services Committee meeting at 9:30 a.m. and that the Committee deal with this matter on a pre-emptory basis.

Report

  • On November 27, 1998, 707994 Alberta Ltd. o/a Fountain Mini Mart at 1600, 8882 - 170 Street in West Edmonton Mall, was charged twice within a one hour period, for selling tobacco products to a person under the age of eighteen (18) years, contrary to the Tobacco Sales to Young Persons Act.
  • On January 6, 1999, the company pleaded guilty in Provincial Court to the above charges and were fined $500.00 and $1000.00 for a total of $1,500.00.
  • A review of the company’s Tobacco Dealer License was requested by Health Canada on January 14, 1999.
  • The City of Edmonton License Bylaw No. 6124 provides for the revocation or suspension of a license if there are just or reasonable grounds. The Bylaw further provides for the revocation or suspension of a business license for non-compliance with any Municipal, Provincial or Federal law.
  • The license hearing was conducted on February 5, 1999.
  • On February 25, 1999 a letter was delivered to Mr. Jamal, a representative of 707994 Alberta Ltd. o/a Fountain Mini Mart, advising that the Tobacco Dealer License on account No. 108237 was suspended for a period of six (6) months (Attachment 1).
  • Section 407.C.1 of the License Bylaw permits a licensee who has had his license suspended or revoked by the License Inspector to appeal that decision to the Community Services Committee within 14 days of being notified of the License Inspectors decision.
  • On March 4, 1999 an Appeal Notice was received by the City Clerks Office appealing this suspension (Attachment 2).
  • Section 407.D of the License Bylaw outlines the powers of the Community Services Committee on hearing an appeal. Specifically, Section 407.D.2. states that:

“After hearing the appeal, the Community Services Committee may

a) confirm;

b) vary; or

c) overturn

the decision of the License Inspector.”

Legal Implications

  • Any decision with respect to the license suspension may be challenged in the courts.

Justification of Recommendation

  1. The Community Services Committee will fulfil its mandate vis-â-vis the appeal procedure identified in the License Bylaw No. 6124 by hearing this appeal.
  2. 707994 Alberta Ltd. o/a Fountain Mini Mart, pleaded guilty in Provincial Court to two offenses under the Tobacco Sales to Young Persons Act. The License Inspector has suspended the Tobacco Dealer License issued to the business for a six (6) month period. This enforcement action is consistent with previous similar situations.

Background Information Attached

  1. February 25, 1999 letter to 707994 Alberta Ltd. o/a Fountain Mini Mart, regarding suspension of the Tobacco Dealer License.
  2. March 4, 1999 Appeal Notice signed by Mr. Imtiaz Jamal on behalf of 707994 Alberta Ltd. o/a Fountain Mini Mart, appealing the suspension decision.
  3. March 15, 1999 letter to 707994 Alberta Ltd. o/a Fountain Mini Mart, from the Office of the City Clerk, confirming appeal hearing scheduled for March 24, 1999.
  4. March 25, 1999 letter to 707994 Alberta Ltd. o/a Fountain Mini Mart, from the Office of the City Clerk, confirming appeal hearing scheduled for April 12, 1999.

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