REQUEST FOR DECISION
DATE: September, 12, 2018 Report No. CSS-18-014
TO: Laurie Hurst, Chief Administrative Officer
FROM: Blair McDonald, Director of Community Safety Services
SUBJECT:
Title
Business Licence and Regulation Bylaw Amendment
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RECOMMENDATION:
Recommendation
That Council gives first, second and third readings to the Business Licence and Regulation Bylaw, 2013, No. 2810, Amendment Bylaw [No. 3], 2018, No. 2943, as attached to Staff Report CSS-18-014.
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RELEVANT POLICY:
Business Licence and Regulation Bylaw, 2013, No. 2810, as amended
Zoning Bylaw, 1992, No. 2050, as amended
Bill 30 - 2018 Cannabis Control and Licensing Act
STRATEGIC RELEVANCE:
Operational Strategy - Review Township policies and bylaws to ensure efficient processes; amend and update as necessary.
BACKGROUND:
In 2018 the Federal Government passed Bill C-45 legislation to make recreational use of cannabis legal as of October 17th, 2018. With a host of legislative and regulatory changes both federally and provincially, we are nearing the date when recreational cannabis consumption will be legal. As part of the regulatory changes through Bill 30 - 2018 Cannabis Control and Licensing Act, the Provincial Government has opted to allow cannabis sales at both provincial and private retail outlets.
Council has decided that all applications to open a cannabis retail shop are to come before Council through a rezoning application. This process will allow for robust public consultation, which is a legislated requirement prior to issuing a licence to a cannabis retailer.
ISSUES:
1. Rationale for Selected Option
This bylaw amendment makes changes to the Business Licence and Regulation Bylaw to allow for issuing of business licences to cannabis retailers at the conclusion of the public hearings and rezoning process.
The restrictions listed in the amended section 24 of the bylaw adds cannabis retailers to the already existing restrictions put in place by Council for drug paraphernalia retailers. Those restrictions are: proximity to schools, window displays, sales to persons under 19 years of age, and hours of operation. Hours of operation have been changed from 8:00 am to 9:00 am to agree with the Provincial Act, with the end hours of operation at 6:00 pm. (The Provincial Act allows until 11:00 pm). These restrictions on cannabis and paraphernalia retailers are consistent with the restrictions as laid out in Bill 30.
As each cannabis retailer will be going through a rezoning process prior to issuance of a business licence, Council will have the opportunity to review each application individually and put any additional restrictions or conditions in place as they see fit given the circumstances of each application.
The proposed bylaw amendment also adds cannabis retailers to “Schedule A” with an annual business licence fee of $2,000.00, which is consistent with the fee charged to liquor retailers, bulk oil storage and money lenders as well as paraphernalia shops. The Intercommunity Business Licence is also added to “Schedule A” although it is also covered in a standalone bylaw.
2. Organizational Implications
There are no significant organizational implications from the business licensing perspective.
3. Financial Implications
There are no significant financial implications.
4. Sustainability & Environmental Implications
There are no significant sustainability and environmental implications.
5. Communication & Engagement
The bylaw amendment will be posted to the Township website and applicants for business licences will be advised of costs and regulations by staff upon receipt of their application.
ALTERNATIVES:
1. That Council gives first, second and third readings to the Business Licence and Regulation Bylaw, 2013, No. 2810, Amendment Bylaw [No. 3], 2018, No. 2943.
2. That Council directs any amendments it considers appropriate to Bylaw No. 2943 prior to giving it first, second and third readings as amended.
3. That Council refers Bylaw No. 2943 back to staff to further revision.