Pubdate: Thu, 10 May 2012
Source: Peace Arch News (CN BC)
Copyright: 2012 Peace Arch News
Contact:  http://www.peacearchnews.com/
Details: http://www.mapinc.org/media/1333
Author: Tracy Holmes

CIVIC FOES FAIL TO EXTINGUISH HEMP SHOP

Despite a recommendation from city staff and a majority vote by White 
Rock council to reject a licence for a hemp-themed retail store on 
the waterfront, the business venture will proceed.

Council voted 4-2 this week to refuse an application by Victor 
'Randy' Caine for a licence to operate Hempyz Gifts and Novelties at 
14967 Marine Dr. However, the city's bylaws state that council can 
only deny such applications if the vote is unanimous.

"Only council has the right to refuse it," Paul Stanton, the city's 
director of planning and development services, told the politicians 
after the vote, in response to a question from Coun. Helen Fathers as 
to its impact.

"Staff does not have the right to refuse it."

Hempyz had opened its doors last Friday, three days before the 
council vote. Its merchandise includes items made of hemp, a less 
potent part of the cannabis plant than marijuana buds.

Caine, a Langley resident, had applied for the licence in December, 
and sat in chambers Monday as Stanton explained reasoning for his 
recommendation.

In addition to the fact Caine had yet to pay the associated fees, 
Stanton cited concerns regarding the business from area residents and 
White Rock RCMP. Two other stores of Caine's located in Langley have 
been subject to numerous break-ins, he said.

As well, there have been concerns raised about the use of the 
storefronts as referral sites for the Langley Medical Marijuana 
Dispensary, he said. The dispensary was the site of a police raid 
last July that led to a possession for the purpose of trafficking 
charge against Caine which is to be tried in B.C. Supreme Court. A 
date is to be set today (Thursday) and Caine said he is requesting a 
trial by jury.

Safety and security concerns are grounds for denying the licence, Stanton said.

Coun. Helen Fathers - who, with Coun. Louise Hutchinson, voted 
against the recommendation - was critical of Stanton's assessment, in 
particular, the reference to LMMD.

"I have great difficulty in the statement from staff, because there's 
no mention of a medical dispensary (in Caine's application)," Fathers 
said. "I'm not sure where that came from."

Noting that the dispensary site is closed, Fathers said she has no 
problem with the Marine Drive store, which is "a business store for 
the beach, for which we need business."

Caine, 58, told Peace Arch News Tuesday that he was "delighted" to 
get the licence, but not surprised there was a level of resistance to 
granting it. Many people don't understand what Hempyz is about, he said.

"I understood coming into this that this was sort of an area that was 
fairly grey... that there were going to be concerns and obstacles and 
challenges," Caine said.

He described Hempyz as a family-friendly boutique store that is more 
about the hippy culture than the "adult side" of things. While it 
will offer pot-leaf T-shirts, Cheech and Chong dolls and cosmetics, 
it won't carry such drug paraphernalia as pipes and bongs, he said.

"We're simply here to celebrate a culture - a hippy culture, if you 
will - and have some fun with it," he said.

In council, Hutchinson said she was "mind-boggled" by the fact Caine 
was able to open the Marine Drive store prior to paying for and 
receiving the licence, to which Stanton replied Caine had chosen to 
take a risk.

Caine said he had received no indication there would be any issues 
with his business until two weeks before the scheduled opening.

"I've acted in very good faith all the way through. In terms of 
opening, I felt that that was really just a continuation of acting in 
good faith.

"Every other municipality I've worked with, as long as you've 
proceeded along, got your inspections, met all of the requirements, 
then at the end you would secure your business licence. Here, it 
seems to be different. They want to issue the licence ahead of time 
in hopes you meet the obligations," he told PAN.

"I don't know how you do that."

Caine added he was offended at one point Monday night, when Stanton 
said his recommendation is not against the type of business proposed, 
"it's the business itself."

"The desire to refuse my licence was not based upon my business, but 
was based upon me," Caine said. "To have my character assailed the 
way that it was, was very offensive. They went way, way outside the 
box in terms of me applying for a business licence."
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MAP posted-by: Jay Bergstrom