MacKenzie Lipstone
BARRISVTERS & SOLICITORS

ROOERICK MW. MacKENZIE ° TT! NTRE
1a6 ONE BENTALL CE
DONALD LIOSTONE SOS BURRARO STREET

SANORA WW,
o a. WATSON VANCOUVER, CANAOA, V7X IMG

TELEPHONE (604) 689-5263

March 25, 1982

Mr. Ronald A. Freeman ,

City Clerk

City Hall

Port Coquitlam, B.C.

V3C 2A8 oo .
MAR 29 1982

Dear Ron:

Re: Licensing Coffee Trucks

This letter is our response to your enquiry on March
23, 1982 by telephone concerning whether Council is empowered
to limit the number of licences the City issues for the conduct-
ing of a business of serving coffee and refreshments: from coffee

truck wagons.

The only Section which contains specific powers of restric-
tion of numbers is Section 528(f) of the Municipal Act R.S.B.C.
1979, c. 290 (the "Act").

However, Sections 526 to 528 inclusive of the Act deal
with the regulation of business, not with the licensing of it.
The definition of the word "regulating" in Section 1 of the Act
includes "limiting and restricting". Using this phraseology,
coffee trucks are "vehicles" subject to regulation pursuant to
subsection (h) of Section 527. However, it is questionable that
they are "carriers" for the purposes of Section 528.

Section 1 of the Motor Carrier Act R.S.B.C. 1979, c.
286 makes clear that a carrier is a person holding a licence pur-
suant to that statute and operating a vehicle for which charges
are levied for the carrying of people or freight -- the nature
of the business being transportation of individuals or freight.

The licensing of business is provided for in Division
(1) of Part 11 of the Act {being Sections 498 to 512 inclusive).
Licensing is primarily a revenue generating function and there
is no. provision for limiting the number of licences issued. ,

On November 19, 1981 the British Columbia Supreme Court
ruled in Gulf Canada Ltd. v. City cf Vancouver (unreported action
no. A810696) that. .the City of Vancouver was unable through
its licensing powers to restrict the number of self serve gas
stations that would be licensed in Vancouver (although the Court
conceded that the number of self serve gas stations could in fact
be limited by the creation of a limited number of zones in Vancouver
in which this use is permitted). The reasoning which prevented
Vancouver from limiting the number of licences it issues for ‘self

/O ~../2