REQUEST FOR DECISION
DATE: March 15, 2021 Report No. CSS-21-007
TO: Laurie Hurst, Chief Administrative Officer
FROM: Blair McDonald, Director of Community Safety Services
SUBJECT:
Title
Business Regulation Bylaw, Amendment No. 4, Cannabis Retail Sales, Hours of Operation
End
RECOMMENDATION:
Recommendation
That Council give first, second and third reading to Business Licence and Regulation Bylaw, 2013, No. 2810, Amendment Bylaw [No. 4], 2021, No. 3022.
Body
RELEVANT POLICY:
Business Licence and Regulation Bylaw, 2013, No. 2810, as amended
Cannabis Control and Licensing Act, BSC 2018
Community Charter
STRATEGIC RELEVANCE:
Excellence in Public Service: Engage, respect and respond to the needs of our community.
BACKGROUND:
In 2018, the Federal Government of Canada legalized recreational cannabis. Subsequently the Province of British Columbia established a regime for approval of retail cannabis outlets and regulations relating to sales through the Cannabis Distribution Act. The Provincial statute allows retail cannabis stores to be open during the hours of 9 a.m. to 11 p.m. daily. Provincial regulations were drafted after significant public consultation.
In October of 2018, Council passed Bylaw No. 2943 which amended the Business Licence Regulation Bylaw, 2013, No. 2810 by amending section 24 to read as follows:
Cannabis Retailers and Drug Paraphernalia
24. (1) No person shall operate a business for the purposes of selling cannabis or drug paraphernalia within a 0.5 kilometer radius from any point on the grounds of an Elementary, Junior Secondary or High School within the Municipality.
(2) No person carrying on a business shall display or permit to be displayed on a street or in any window facing a street, or elsewhere where it can be seen by a person outside the premises, any cannabis or drug paraphernalia.
(3) No person carrying on a business shall sell cannabis or drug paraphernalia to any person under the age of 19 years except where the premises are licensed as a pharmacy under the Pharmacists, Pharmacy Operations and Drug Scheduling Act.
(4) No person shall operate a business for the purposes of selling cannabis or drug paraphernalia except between the hours of 9:00 a.m. and 6:00 p.m.
Council of the day passed this amendment before any cannabis retailers were approved for operation in the Township.
Council has recently indicated a desire to revisit the allowable hours in which cannabis retailers may operate and discussed the matter at a public Committee of the Whole meeting on March 8th, 2021. Council was unanimous in their wish to see an extension of the allowable hours of operation for cannabis retailer, however, were divided on what those hours of operation should be.
ISSUES:
1. Rationale for Selected Option
At the Committee of the Whole meeting on March 8th, 2021, Council directed staff to bring an amendment to the Business Licence and Regulation Bylaw before them with amended allowable hours for retail sale of cannabis. The recommendation of staff in the attached bylaw amendment is to change the allowable hours of operation to reflect the hours of operation allowed in the Cannabis Control and Licensing Act; that being from 9 a.m. to 11 p.m. daily.
The rationale for these changes is as follows:
- There is very little public opposition to these changes
- There was significant public consultation done before these hours were settled on by the Province
- These hours represent the same allowable hours of a liquor store near both cannabis retailers in the Township
- Experience from VicPD shows no concerns with the operation of, or crime near these establishments
- There have been no concerns or investigations into local cannabis retailers by the Community Safety Unit, the branch of the Provincial Government responsible for enforcement of cannabis retailers
- Experience demonstrates that most cannabis retailers will adjust their hours in response to demand. Most Provincial cannabis stores do not stay open for the maximum allowable hours, with most closing around 9 p.m.
- There is a cannabis retailer in a neighbouring community that is open from 9 a.m. to 11p.m.
- Extending the allowable hours as recommended will allow the demand for cannabis to drive the hours in which the businesses operate.
2. Organizational Implications
There are no significant organizational impacts associated with this request for decision.
3. Financial Implications
There are no financial implications associated with this request for decision.
4. Sustainability & Environmental Implications
There are no sustainability or environmental implications associated with this request for decision.
5. Communication & Engagement
When the Province contemplated the drafting of the Cannabis Control and Licensing Act, there was significant public engagement around many aspects controlled by the Act, including hours of operation for cannabis retailers. Additionally, when the Township was vetting potential cannabis retailers though the rezoning process, there was significant public input through the public hearing process. As Council has been considering the change to the Business Licence Regulation Bylaw, there has been a public Committee of the Whole meeting (at which no feedback was received that indicated any negative concerns with revisiting store hours). Also, the Community Charter mandates that if Council is contemplating a change in the Business Licence Regulation Bylaw, public notification is required by advertising two consecutive weeks in a local newspaper, seeking public input. One such ad was published prior to this meeting of Council, with the next being published prior to adoption of the bylaw. These processes have provided ample opportunity for public input into this Council Decision.
ALTERNATIVES:
1. That Council give first, second and third readings to Business Licence and Regulation Bylaw, 2013, No. 2810, Amendment Bylaw [No. 4], 2021, No. 3022.
2. That Council give first, second and third readings to Business Licence and Regulation Bylaw, 2013, No. 2810, Amendment Bylaw [No. 4], 2021, No. 3022, as amended.
3. That Council provide further direction to staff.