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LIDSTONE, YOUNG, ANDERSON PAGE |

BARRISTERS & SOLICITORS

501 - 1803 Dougias Street 1414 - 808 Nelson Street
Victona, B.C. Box 12147, Nelson Square
V8T 5C3 Vancouver, B.C. V6Z.2H2
Telephone: (604) 383-2063 Telephone: (604) 689-7400
Telecopier: (604) 689-3444 Telecopier: (604) 689-3444

CITY OF PORT COOMILAK
Oe TELECOPIER PLANNING GEPT.

October 31, 1990

Mr. Carlos Felip Nov & 3:90
Director of Planning LEY >
City of Port Coquitlam
2580 Shaughnessy Street
Port Coquitlam, B.C.
V3C 2A8

—

Dear Carlos:

Re: Liquor Liceneing Procedure
Our File No. 19-212

AS requested, we have reviewed the latest draft of proposed
"Development Procedures Bylaw, 1987, No. 2243, Amendment Bylaw,
1990, No. 2533", with particular reference to propcsed Sections 21
and 22 of the Procedures Bylaw.

Our primary concern with Section 21 is that it would allow Council
or the applicant to reopen the proceedings after Council has
resolved that the residents are not in favour of granting the
licence. Arguably, after passing such a resolution Council is
without jurisdiction to reopen the matter except pursuant to a
reference for reconsideration by the Mayor, under Section 240 of
the Municipal Act.

We prefer that Council choose four options when considering each
application:

1. rejection of the application;
approval of the application;
a requirement for further information;
rejection of the application unless the applicant

requests a referendum and provides funding for the
referendum within a specified period of time.

In the draft bylaw, it is not clear whether an applicant is
entitled to a referendum or whether Council retains discretion to

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