Agenda Board of Adjustment June 29, 2016

PUBLIC HEARINGS
Item No. 1

Conditional Use 626, 628, 630 Sargent Avenue

(Daniel McIntyre Ward)
File DCU 130807/2016C

WINNIPEG PUBLIC SERVICE RECOMMENDATION:

The Urban Planning Division recommends rejection of the application for a conditional use
under Zoning By-law No. 200/2006 to permit the establishment of the following uses:
1.
2.
3.
4.

a hall rental use;

a drinking establishment use;
a restaurant exceeding 2,500 square feet (232.26 square metres)
an outdoor dining/drinking area exceeding 100 square feet (9.29 square metres).

Agenda Board of Adjustment June 29, 2016

File:

DCU 130807/2016C

Applicant:

Girma Tessema

Premises Affected:

626, 628, 630 Sargent Avenue

Legal Description:

LOT 61/64 PLAN 33375 70/71 ST JA TOG WITH ROW FOR

ALL PURPOSES & AS APPURT TO SAID LOTS 61/64 OVER
& UPON LOT 65 SAID PL SUBJ TO ROW FOR ALL
PURPOSES & AS APPURT TO LOTS 63/66 SAID PL OVER &
UPON SAID LOT 61 SUBJ TO ROW FOR ALL PURPOSES &
AS APPURT TO LOTS 61/62 & 65/66 SAID PL OVER & UPON
SAID LOT 63, hereinafter called the land

Property Zoned:

C2 PDO-1 Nbhd Main Commercial Community Planned

Development Overlay 1 Neighborhood Main District

Nature of Application:

For a Conditional Use under the Winnipeg Zoning By-law No.

200/2006 to permit the establishment of the following uses:
1.
a hall rental use;
2.
a drinking establishment use;
3.
a restaurant exceeding 2,500 square feet (232.26 square
metres)
4.
an outdoor dining/drinking area exceeding 100 square feet
(9.29 square metres).

Exhibits Filed:

1.
2.
3.
4.

5.
6.
7.

Application dated June 6, 2016

Notification of Public Hearing dated June 10, 2016
Manitoba Status of Titles 2818044/1, 2818061/1
Confirmation from the Zoning and Permits Administrator
that the subject property may be posted in substitution for
newspaper advertising
Plans, Sheets 1 to 6 inclusive, for File DCU 130807/2016C
dated May 31, 2016
Report from the Urban Planning Division dated June 22,
2016
Inspection Report

Agenda Board of Adjustment June 29, 2016

The Winnipeg Public Service to advise that all statutory requirements with respect to this
application have been complied with.

REPRESENTATIONS:
In Support:

In Opposition:

For Information:

For the City:

Moved by
That the report of the Winnipeg Public Service be taken as read.

Moved by
That the receipt of public representations be concluded.

Agenda Board of Adjustment June 29, 2016

Moved by
That in accordance with Section 254 and Subsection 247(3) of The City of
Winnipeg Charter, the Conditional Use,
(a)

is consistent
is not consistent
with Plan Winnipeg, and any applicable secondary plan;

(b)

does not create

does create
a substantial adverse effect on the amenities, use, safety and convenience of the adjoining
property and adjacent area, including an area separated from the property by a street or
waterway; and

(d)

is
is not
compatible with the area in which the property to be affected is situated.

Supporting Comments:

Moved by
That the recommendation of the Winnipeg Public Service be / not be
concurred in and the Conditional Use be approved / rejected.

Moved by
That the public hearing with respect to this application be concluded.

Exhibit 6 referred to in File DCU 130807/2016C

ADMINISTRATIVE REPORT
Title:

DCU 16-130807\C 626 Sargent AVE

Issue:

For consideration at the public hearing for a conditional use.

Critical Path:

Board of Adjustment as per the Development Procedures By-law and

The City of Winnipeg Charter.

AUTHORIZATION

Author

Division Head

Department Head

CFO

n/a

n/a

n/a

n/a

CAO

RECOMMENDATIONS
The Urban Planning Division recommends rejection of the application for a conditional use
under Zoning By-law No. 200/2006 to permit the establishment of the following uses:
1) a hall rental use;
2) a drinking establishment use;
3) a restaurant exceeding 2,500 square feet (232.26 square metres)
4) an outdoor dining/drinking area exceeding 100 square feet (9.29 square metres).

REASON FOR THE REPORT

Conditional Use applications require a public hearing as per The Development Procedures Bylaw No. 160/2011 and The City of Winnipeg Charter, section 249.
The report is being submitted for the Board of Adjustments consideration of the development
application at the public hearing.
IMPLICATIONS OF THE RECOMMENDATIONS
If the recommendations of the Urban Planning Division are concurred in, development permits
will not be issued.
FILE/APPLICANT DETAILS

FILE:
RELATED FILES:
COMMUNITY:
NEIGHBOURHOOD #:

DCU 16-130807\C
City Centre Committee
1.108

SUBJECT:

For a Conditional Use under Zoning By-law No. 200/2006 to permit

the establishment of the following uses:
1) a hall rental use;
2) a drinking establishment use;
3) a restaurant exceeding 2500 square feet (232.26 square metres)
4) an outdoor dining/drinking area exceeding 100 square feet (9.29
square metres).

LOCATION:
LEGAL DESCRIPTION:

626 Sargent AVE

See Comments for long legal description

APPLICANT:

Girma Tessema
626 Sargent AVE
Winnipeg , Manitoba R3E 0A3

OWNER:

GIRMA TESSEMA
23 NICHOLSON CRES
Winnipeg , Manitoba R3E 0A7

HISTORY
N/A
DISCUSSION
CRITERIA FOR APPROVAL
Pursuant to Section 247(3) of The City of Winnipeg Charter, an application for a conditional use
with respect to a property may be approved if the conditional use:
(a)

is consistent with Plan Winnipeg and any applicable secondary plan;

(b)

does not create a substantial adverse effect on the amenities, use, safety and
convenience of the adjoining property and adjacent area, including an area separated
from the property by a street or waterway;

(d)

is compatible with the area in which the property to be affected is situated.

SITE DESCRIPTION
The subject property is located on Sargent Avenue, in the Daniel Mcintyre neighbourhood of the
Daniel Mcintyre ward

The site is Mature Communities under the Complete Communities Direction Strategy. The
property is zoned C2 Commercial District PDO-1 Neighbourhood Main Streets.
SURROUNDING LAND USE AND ZONING
North: Uses zoned C2 Commercial PDO-1 Neighbourhood Main Streets
South: Residential uses zoned RMF-M Residential Multi-Family District
East: Uses zoned C2 Commercial PDO-1 Neighbourhood Main Streets
West: Uses zoned C2 Commercial PDO-1 Neighbourhood Main Streets
DESCRIPTION OF THE PROPOSED DEVELOPMENT
The applicant intends to have a restaurant on the main floor and basement that will have a
seating capacity for 330 people. The main floor will also have a small stage for live musical
performances and entertainment and the basement will have be a dance floor and bar.
On the second floor, the applicant intends to establish a banquet hall that could be rented out
for gatherings, socials, and private parties with a seating capacity for 80 people.
On the rooftop, the applicant intends to establish a rooftop patio with a maximum capacity of 60
people.
Parking
The subject property has 5 parking stalls on site.
Reason for application
In the C2 Commercial PDO-1 Neighbourhood Main Streets, all of the proposed uses require
conditional use approval.
ANALYSIS AND ISSUES
Attached in Appendix A is a submission from the Winnipeg Police Service objecting to the
conditional use for this location. The Winnipeg Police Service has significant concerns with the
proposed use being established at this location, for a variety of reasons, including the size of the
proposed use as well as traffic and parking concerns.
Size
The applicant is the current owner and operator of Blue Nile Restaurant, located at 1-510
Sargent Avenue. The Blue Nile has a capacity of approximately 50 people in the dining room.
According to the Winnipeg Police Service, over the last two years numerous incidents have
occurred in or around the Blue Nile Restaurant requiring police involvement. These incidents
include, but are not limited to shootings, shots being fired, guns seen, stabbings, weapons
offenses, drug offenses, fights, noise complaints, and numerous liquor violations under the
previous Liquor Control Act and the current Liquor and Gaming Control Act. These events have
resulted in a 200% increase in calls for service between 2013 and 2015, numerous hours
related to police investigations and countless citizen complaints.
The proposed use would have a capacity in the dining room of 330 people, which is over a
600% increase in capacity from the Blue Nile Restaurant. According to the Police Service,
given the track record of the Blue Nile, this increase in size would lead to a dramatic increase in
the demand for police resources and calls for service.

Traffic and Parking

The applicant is requesting approval to allow a maximum capacity of:
Restaurant: 330 persons
Banquet Hall: 80 persons
Patio: 60 persons
Total: 470 persons
As previously mentioned, there are only 5 parking stalls available on site.
Given the potential occupant load at this establishment and the lack of parking, this business, if
approved, would create significant parking pressure in the adjacent neighbourhood with people
parking on surrounding residential street and adjacent business lots.
Reasons for Recommendation
The use does not meet the statutory criteria for a conditional use.
1. The use is not consistent with OurWinnipeg and the Complete Communities Direction
Strategy. Specifically, the use does not meet Direction 1, Policy 1, for Areas of Stability
which states:
Support low to moderate change in low-density neighbourhoods through development
and redevelopment that is complimentary to the existing scale, character, and built
form.
The proposed use, given the lack of parking and the scale of the use, in combination
with a possible safety risk to the community, is not complimentary to the existing
scale and character of the neighbourhood.
2. The use will create significant parking issues as well as potential safety and noise
concerns for the surrounding properties. Consequently, it will have have a substantial
adverse impact on adjoining properties.
3. The scale of the proposed use, the potential safety risks, and the lack of parking are all
indications that the proposed use will not be compatible with the area.
RECOMMENDATION
In the context of Section 247(3), the Urban Planning Division recommends rejection for the
following reasons:
(a)

is not consistent with Plan Winnipeg and any applicable secondary plan;

(b)

does create a substantial adverse effect on the amenities, use, safety and convenience
of the adjoining property and adjacent area, including an area separated from the
property by a street or waterway;
is not compatible with the area in which the property to be affected is situated.

(d)

CONSULTATION

In preparring this repo

ort there was
s internal co
onsultation w
with:
Winnipeg
g Police Serv
vice
SUBMITTED BY
Department:
Division:
Prepared
d by:
Date:
File No.

Pla
anning, Property and Development
Urb
ban Planning
g
Urb
ban Planning
g Division
Jun
ne 22, 2016
DC
CU 16-13080
07\C

Figure 1: Aerial
A
Photoo (Flown in 2014)

Appendix
xA
Letter fro
om the Winn
nipeg Police Service

WINNIPEG PO
OLICE SE
ERVICE

OVERV
VIEW
A public notice has been
b
posted regarding
r
a variance
v
for the propertyy use at 626 Sargent Avee,
known ass Rift Valley
y. The Winnipeg Police Service
S
belieeves that if a variance foor the use off this
property is issued to 7233124 Maanitoba Ltd, this businesss would posse a direct saafety risk to the
community.
The curreent applicantt, Girma Tesssema, is also the currennt owner andd operator off the Blue Niile
Restauran
nt, located at
a 1-510 Sarg
gent Avenuee. Over the laast two yearss numerous iincidents haave
occurred in or around
d the Blue Nile
N Restauraant requiringg police invoolvement andd jeopardizinng
the comm
munitys safeety. These in
ncidents incllude, but are not limited to, shootinggs, shots beinng
fired, gun
ns seen, stab
bbings, weap
pon offenses,, drug offensses, fights, nnoise complaaints and
numerou
us liquor viollations underr the previou
us Liquor Coontrol Act annd the currennt Liquor annd
Gaining Control
C
Act. These even
nts have resu
ulted in a 2000% increase in calls for service betw
ween
2013 and
d 2015, numeerous hours related to po
olice investiggations and ccountless cittizen complaaints.
The Bluee Nile Restau
urant and cu
urrent applicaation for Rifft Valley are located in thhe same
community and in clo
ose proximitty of one ano
other. The appplicant has been abusinng his currennt
occupanccy license an
nd has refuseed to learn orr abide by ruules governinng his businness as set ouut in
the Canadian Crimin
nal Code, thee Liquor and Gaming Coontrol Act annd Winnipegg Zoning By-Laws. Unfortunately
U
y educationaal attempts haave failed w
with Mr Tesseema, resultinng in the
diminished quality off life for neig
ghbors resid
ding and worrking in the S
Spence Neigghborhood.
Winnipeg
g Police beliieve this relaationship willl not improvve and the appplicant willl continue too
negativelly impact thee wellbeing of the comm
munity and thherefore poliice are stronngly opposedd to
this appliication and the
t issuance of a variancce for Rift Vaalley, locateed at 626 Sarrgent Avenue.

GROUNDS FOR BELIEF

DOWNTOWN REVITALIZATION
The City of Winnipeg has created a development plan in conjunction with Center Venture for the
revitalization of Downtown. This revitalization includes but is not limited to new businesses,
residential properties, restaurants, bars and office space. These designated downtown areas have
been identified as the Sports, Hospitality and Entertainment District (SHED) and the Portage
Ave Development (PAD). These initiatives are supported by local businesses and the Winnipeg
Police Service with the used of foot patrols. Foot patrols are conducted by cadets and sworn
members of the police service and supplemented by foot patrols from the Downtown Biz. These
patrols provide a visible presence and safety for the increased activities and population in the
downtown area.
Rift Valley is located outside the Sports, Hospitality and Entertainment District and the Portage
Avenue Development and is attempting to establish and create a night club in close proximately
to residential properties. Persons purchasing residential properties in the SHED and PAD have
been fully apprised of the night life and various venues in close proximately to their residences.
The residents and homeowners in the Spence Neighborhood support community development
but did not believe it would include a large capacity nightclub. The Spence Neighborhood is
located in close proximately to numerous venues located within the SHED and PAD for their
entertainment and sports needs. A variance allowing a nightclub and bar at 626 Sargent Avenue
would be contrary with the revitalization of the downtown and conflict with the needs of the
Spence Neighborhood.
LOCATION CONCERNS
The locations being considered in the application is 626 Sargent Avenue, was a Royal Canadian
Legion. The Royal Canadian Legion was designed and placed in communities so members could
walk to a nearby location for a drink, share stories and safely return home. The Royal Canadian
Legion is a member(s) only club and uses its profits to support local veterans. The Royal
Canadian Legion Winnipeg Branch #1 was established in 1915 and served the community and
veterans for 100 years before closing its doors.
The Royal Canadian Legion Winnipeg Branch #1 located at 626 Sargent Ave is approximately
6,000 square feet. The building only has approximately 5 parking spaces for staff members and
no designated parking for patrons. During the height of business this location served 1,000
members and prior to closing the doors only had 140 members. These members were local and
did not create traffic congestion in the area.
The current applicant is creating a business for profit only and operates without regard for the
community. If the applicant is successful in obtaining a variance for the use of 626 Sargent
Avenue this will have an impact on the neighborhood and local businesses. The incidents
occurring at the applicants current business, The Blue Nile Restaurant located at 1-510 Sargent
7

Avenue, would only move the prroblem from

m one locationn and magniify it at the nnext. The cuurrent
capacity for the dinin
ng room at th
he Blue Nilee Restaurant is 50 peoplee. The potenttial capacityy at
626 Sarg
gent Avenue is 400 plus people.
p
Thiss 500% increeases in patroon(s) would have a dram
matic
impact on
n police reso
ources and calls for serviice.
Given prrevious history at the Blu
ue Nile Restaaurant this m
means the neeighborhood and businessses
surround
ding 626 Sarg
gent Avenuee would suffe
fer increasedd volumes in violent crim
mes, drug deaaling,
sexual asssaults, impaaired driving
g, intoxicated
d persons, vaandalism, loiitering and oongoing noisse
from patrrons and the business.

Given thee potential of

o a 400 plus person(s) caapacity nighhtclub this buusiness woulld also have a
negative impact on vehicle
v
trafficc. A satellitee image obtaained from G
Google Mapss shows the llack
of parkin
ng at 626 Sarrgent Avenu
ue. The lack of
o parking w
would force ppatrons of 6226 Sargent
Avenue onto
o
residenttial streets an
nd create veehicle congesstion on resiidential roaddways impacting
parking for
f homeown
ners and theiir guest. The lack of parrking wouldd also force ppatrons into
adjacent business parrking lots, in
nterfering wiith their custtomer parkinng. This incrreased trafficc will
undeniab
bly lead to an
n increase in
n criminal activity, tensioon and compplaints.
In previo
ous years thee Spence Neiighborhood was
w plaguedd with femalees and childr
dren being
exploited
d in the sex trade
t
industrry. The Win
nnipeg Policee Service Coounter Explooitation Unit in
cooperatiion with the Spence Neighborhood Association
A
have been w
working to elliminate the
consumers of the sex
x trade in thiss neighborho
ood. Police hhave concernns that a nightclub and
d drug trafficcking at 626 Sargent Avenue would signal the reeturn of explloited femalees
increased
and child
dren to the arrea as sex traade workers.
8

INCIDENTS INVOLVING THE APPLICANT

Between 2013 and 2015 the Winnipeg Police Service has seen a dramatic increase in calls for
service relating to the Blue Nile Restaurant located at 510 Sargent Avenue. The Blue Nile
Restaurant is currently owned by Rift Valley applicant Girma Tessema. The Blue Nile is
currently zoned and has an occupancy license as a restaurant. Over the past several years the
Blue Nile has been operating contrary to its zoning and has been operating as a nightclub and
bar. During 2013 police responded to 18 calls for service at the Blue Nile Restaurant. These
calls ranged from weapons calls to assaults. During 2014 the calls for service increased to 39 and
became more violent, escalating to stabbings and shots fired calls. During 2015 the calls for
service reached 54, a 200% increase over the two year span. The calls for service have also
escalated in violence involving shootings and shots fired calls. During the early period of 2016
police have responded to numerous calls, one being a shooting, which has left a male in a coma.
C13-92250
On May 15, 2013 at 21:11 hrs a male entered the Blue Nile Restaurant armed with a canister of
pepper spray. This male then proceeded to spray the co-owner, Sisay Tessema, with the pepper
spray and flee the restaurant. During the investigation the owner Girma Tessema was
uncooperative and refused police entry into the restaurant in order to view the video recording of
the assault. The investigation took police several weeks due to the lack of cooperation from
Girma Tessema, but police did arrest Mad Cow gang member Majak Kon in relation to this
incident.
C13-111490
On June 9, 2013 at 02:55 hrs a fight outside the Blue Nile Restaurant occurred between
approximately (10) people. During the fight one of the suspects pulled out a canister of pepper
spray and sprayed a male. After the male had been sprayed police were called and the crowd
dispersed. The suspect in this matter is a member of the African Mafia.
C13-265621
On December 27, 2013 at 03:06 hrs a male entered the Blue Nile Restaurant armed with a
canister of pepper spray and sprayed co-owner Sisay Tessema. During the investigation the
owners did not provided police with video surveillance for the restaurant and declined to
cooperate and indicated they had resolved the matter.
C14-62008
On March 26, 2014 at 20:40 hrs, a regular patron of the Blue Nile Restaurant, Haben
Weldekidan, attended and was shot after leaving the restaurant. This incident occurred as a
result of an altercation that had occurred between his brother Yonatan Weldekidan and the
suspect(s) on Sunday evening, March 23rd, also at Blue Nile Restaurant. Haben Weldekidan is
9

an African Mafia gang member and was believed to have been shot by a male belonging to a
rival street gang. Weldekidan survived this shooting and no charges have been laid at this time.
R14-39869
On May 31, 2014 at 02:00 hrs the victim, Sharaz Khan, a known drug trafficker attended the
Blue Nile Restaurant and was assaulted by (5) males inside the restaurant. One of the males
believed to be involved in the assault was co-owner Sisay Tessema. During the subsequent
investigation the victim was presented with a photo-line up and pointed to a photo of Sisay
Tessema, but was unsure so no charges were laid. The Blue Nile Restaurant refused to cooperate
with police and did not provided video surveillance captured during the assault.
C14-267686
On December 15, 2014 at 01:03 hrs, African Mafia gang member Haben Weldekidan met with a
male at the Blue Nile Restaurant for the purposes of repaying a debt. Haben Weldekidan
requested the male attend outside the restaurant. Both males left the restaurant and walked to a
neighboring yard located at 523 Young Street. Haben Weldekidan punched the male in the face
and stabbed the male in the left shoulder and left buttocks. Heben Weldekidan then stole the
males keys and left in the males Honda Civic.
C14-276132
On December 29, 2014 at 08:38 hrs the co-owner was cleaning the restaurant after the weekend
and was confronted by a male. The male verbally threatened co-owner Sisay Tessema and then
smashed the glass front door in an attempt to gain entry to the restaurant. After the front door
was smashed open Sisay Tessema was able to call police and thwart the assault. Police
requested the video surveillance from Girma Tessema, who indicated he would drop it off at the
Public Safety Building, which never occurred.
C15-31898
On May 2, 2014, at 05:45 hrs three males and a female with ties to the Jamestown Crypt gang in
Toronto, Ontario attended to Blue Nile Restaurant and caused a disturbance. A physical
confrontation occurred with the owners Girma and Sisay Tessema along with two other
employees. As a result of the confrontation, Sisay Tessemas throat was intentionally slashed
causing a life-threatening laceration on the left side of his neck that severed Tessemas temporal
artery. He also sustained a large laceration on the left side of his torso. Girma Tessema was
slashed across the left side of his face causing a deep laceration from his temple to the corner of
his mouth which cut through his left cheek.
While this occurred, the female accused stole a set of keys from a patron Abdiaziz Hassan (an
associate of the African Mafia). One of the restaurant employees was also slashed in the face
and suffered a deep slash to his left ear. The other restaurant employee suffered a laceration to
10

his left cheek from a window that was smashed by one of the accused as he left the restaurant.
All accused were arrested after a brief police pursuit with the stolen vehicle.
C15-186701
On September 5, 2015 at 02:57 hrs an unknown male was observed outside the Blue Nile
Restaurant armed with a handgun. Police were contacted, attended and were unable to locate the
male. The video surveillance from the Blue Nile Restaurant was not turned over to police.
C15-230370
On November 1, 2015 at 04:15 hrs members of the Winnipeg Police Service were in the area of
Blue Nile Restaurant and observed a black male discharge a firearm from a vehicle that had been
in front of the Blue Nile Restaurant. Police recovered several 9mm shell casing but no was
injured or stuck by any of the discharged bullets, however one of the shots went through an
apartment window located at 202-480 Young Street. The suspect for this incident is an associate
of the African Mafia.
C16-15437
On January 23, 2016 at 03:21 hrs a gang member Willy Gooding attended inside Blue Nile.
Willy Gooding left the Blue Nile restaurant where it is believed that a rival gang member
notified an associate in the area. Willy Gooding was shot just outside the doors of the Blue Nile
Restaurant. He was conveyed from the scene, by African Mafia gang member Simalew Mammo,
to hospital. To this date Willy Gooding remains on life support in a coma.
OTHER INCIDENTS AT THE BLUE NILE
As indicated above, the increase for calls for service have increased 200% and also includes
other incidents other than shootings, stabbings and weapon calls. Winnipeg Police Service have
responded to (38) Noise Complaints over the last two years. Also over the past two years police
have responded to approximately (27) calls for service relating to Disturbances and Fights.
Several of these calls have resulted in person(s) being detained under the Intoxicated Persons
Detention Act. During several of these incidents the management and staff did not attempt to
stop or discourage the behavior, in fact they ignored most of these incidents, causing the nearby
community to suffer.
C13-187750
On September 15, 2013 at 03:55 hrs members of the Winnipeg Police Service conducted an
inspection of the Blue Nile Restaurant. During the inspection police observed liquor in the
beverage room and out on the bar. Police also observed numerous patrons still inside the
restaurant but no food was observed in the dining room area, only liquor, and no patrons were
observed eating.
11

C15-150589
On July 19, 2015 at 01:35 hrs members of the Winnipeg Police Service conducted an inspection
of the Blue Nile Restaurant. During the inspections police were confronted and stopped by
security, police were in full uniform. The security guard was instructed not to interfere or he
would be charged. Police observed the dining room was converted from a restaurant to a night
club. A majority of tables had been removed from the dining area to accommodate a large open
area for dancing. The bar was observed to be over capacity, but while attempting to count the
number of patrons police were bumped by an intoxicated male, who was still in possession of
liquor. Police approached Girma Tessema and attempted to inform him of the intoxicated male,
but this was met with negative results. Girma Tessema argued with police and repeatedly called
police racist. While arguing with police the intoxicated male was served liquor by the bartender.
Police identified the bartender and issued him a Provincial Offense Notice for serving an
intoxicated person alcohol. This report was forwarded to the Liquor and Gaming Commission for
action.
C15-165018
On August 8, 2015 at 01:24 hrs members of the Winnipeg Police Service conducted an
inspection of the Blue Nile Restaurant. During the inspection police were confronted by Girma
Tessema who requested police to attend the kitchen in order to talk. Once in the kitchen police
were berated by Mr Tessema. Police were informed they had no right to conduct inspection and
that the inspections were being conducted because police were racist. After being scolded for
approximately 20 minutes police attempted to continue with the inspections. Police were grabbed
by Girma Tessema and physically stopped from doing the inspection. Police arrested Girma
Tessema and escorted him from the restaurant. Police were confronted by (12) patrons from the
bar and at no time did security intercede and prevent these individuals from interfering with
police. Girma Tessema was warned for Assault Peace Officer and Obstruct Peace Officer and
issued a Provincial Offence Notice for interfering with an inspection. This incident was
forwarded to the Liquor and Gaming Commission for action.
C15-271283
On December 27, 2015 03:05 hrs members of the Winnipeg Police Service conducted an
inspection of the Blue Nile Restaurant. During the inspection Girma Tessema was uncooperative
in providing the occupancy permit so police could confirm if the restaurant was over capacity.
The Liquor and Gaming Commission was notified regarding this incident.
C16-26426
On February 6, 2016 at 01:30 hrs the Winnipeg Police Street Crime Unit deployed undercover
officers into the Blue Nile Restaurant. During the investigation the undercover officers were
able to purchase liquor from Girma Tessema at 02:15 hrs, at 02:50 hrs. At 03:00 hrs all liquor
was removed from the dining room and only shooters were available at the bar. At 03:08 hrs the
12

undercover officers were able to purchase liquor (shooters) at the bar. At 03:14 hrs the
undercover officers observed staff members consuming liquor.
While the undercover officers were inside the bar cover officers observed several violations in
the parking lot of the Blue Nile. Police observed a male involved in a verbal argument outside
the bar, which could be heard across the street. Police observed two females consuming liquor in
the parking lot and observed a large brawl involving approximately (20) patrons from the
restaurant. During all these incidents the staff did not intercede and allowed these disturbance to
occur and continue.
On February 7, 2016 at 01:48 hrs the Winnipeg Police Street Crime Unit deployed undercover
officer into the Blue Nile Restaurant. During the investigation the undercover officers were able
to purchase liquor at 02:17 hrs and 02:58 hrs. At 03:12 hrs the undercover officers were able to
attend the bar and purchase liquor (Shooter).
While undercover officers were inside police outside the restaurant observed drug transactions
occurring behind a van parked on the sidewalk outside the Blue Nile. Police also observed a
couple inside an SUV committing an indecent act, all of which was in view of several residences.
Police also witnessed a male escort an intoxicated female outside the bar to a nearby car and
committed an indecent act. The security did not stop these indecent acts and allowed the
intoxicated female and male companion to re-enter the restaurant after their brief sexual
encounter.
At 03:29 hrs police enacted an Emergency Shutdown of the bar for serving after hours and
fearing another brawl would occur after view several intoxicated patrons. As a result of the
Emergency Shutdown (6) Provincial Offense Notices were issued to patrons that refused to leave
when directed by police and cause disturbance in or around license premise. Two of the patrons
were detained at the Main Street Project under the Intoxicated Persons Detention Act for their
safety and the safety of others. One of the staff members identified was serving alcohol without a
Service It Safe Certificate. Also during the investigation the owner of Blue Nile, Girma Tessema,
was arrested for Mischief Interfere with Enjoyment of Property and Copyright Act for playing
Copyright music without authorization.
As a result of police involvement the Blue Nile Restaurant was given a (3) day suspension and
ordered to stop serving alcohol after 10:00 pm by the Director of the Liquor and Gaming
Authority. The owner has appealed this decision and will appear before the Liquor and Gaming
Authority Board on June 23, 2016. Members of the Winnipeg Police Service have been called to
provide testimony at this upcoming hearing. As a result of Criminal Charges the Blue Nile
Restaurant and its owner Girma Tessema have entered into a Peace Bond and have been
instructed to comply with the Liquor and Gaming Control Act and not to play any music after
2:00 am.

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CONCLUSION
The Spence Neighborhood is a densely populated area comprised of single family residences,
multi- family residences and businesses. The Spence Neighborhood is located close to
Downtown and enjoys an already existing variety of Downtown businesses including restaurants,
sports entertainment, nightclubs, bars, lounges, theaters and gaming entertainment. These nearby
venues have an impact on the community, whether they are positive or at times negative, but the
Spence Neighborhood benefits from not having these downtown bars, lounges and nightclubs in
their immediate neighborhood.
The Winnipeg Police Service is tasked with providing citizens and visitors with a safe
environment to enjoy these vast entertainment options. Every year police deal with numerous
calls related to licensed premises, but none of these venues in the Downtown area or outside of
Downtown Winnipeg have seen a 200% increase in calls for service.
The applicants has repeatedly demonstrated their willingness to abuse the rules governing their
restaurant and current liquor license. They have demonstrated they cater to numerous gangs and
gang members and have done little to deter the violence occurring in or around their business.
The applicant has ignored opportunities to partner with the police service and citizens to improve
their impact on the community. The Spence Neighborhood Community Economic Principals
support neighborhood stability and human dignity, the applicants current business model acts
contrary to those beliefs and has diminished the safety and quality of life for their current
neighbors. If Rift Valley is granted a variance this will have a dramatic impact on police
resources and the potential for devastating consequences in the Spence Neighborhood.
The Winnipeg Police Service is strongly opposed to a variance being granted to Rift Valley
located at 626 Sargent Avenue, in the City of Winnipeg.
This Objection was prepared and respectfully submitted by,

Constable Jeffrey Norman

Winnipeg Police Service
Street Crime Unit

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Exhibit 5 referred to in File DC

CU 130807/2
2016C