Pubdate: Thu, 26 Nov 2015 Source: Alberni Valley News (CN BC) Copyright: 2015 Alberni Valley News Contact: http://www.albernivalleynews.com/ Details: http://www.mapinc.org/media/4247 Page: A7 Author: Katya Slepian COUNCIL APPROVES DISPENSARY LICENCING RULES A torn city council approved a set of medical marijuana dispensary regulations that will keep such businesses away from schools and residential areas, but still allow them in the city. A report from city planner Scott Smith outlined amendments to the zoning bylaw to keep the dispensaries in commercial and business zones only, keeping them away from schools and residential areas. "As we're all aware, under the current law it is illegal to sell marijuana as a storefront operation," said Smith. However, Smith added, Vancouver is already regulating marijuana dispensaries and Victoria is considering similar regulations. City council approved marijuana dispensaries in Port Alberni at the Nov. 9 meeting and directed Smith to prepare a regulatory scheme. Smith's proposed regulations are similar to those enacted by the city of Vancouver earlier this year. Proposed zoning bylaw amendments included limiting dispensaries to commercial zones only, keeping them 300 metres away from schools, 300 metres away from other dispensaries, not allowing ATMs at dispensaries and not allowing dual usage for dispensaries. The distance between dispensaries was upped to one kilometre at Coun. Sharie Minions' request. Also similar to Vancouver's regulations was that all dispensaries-non-profits or otherwise-will require a business licence. Generally, registered non-profits do not require a business licence in Port Alberni. The conditions of a proposed dispensary business licence would state that the business must be in a fully enclosed building with a transparent front, no minors may be allowed in, operating hours must be between 8 a.m.-8 p.m. and a fire alarm, security and video surveillance system must be in place. While the vote was 5-2 in favour of the regulations, not all of city council was happy with the result. "I would plead with council to reconsider their last decision... there's no place for the city to try and regulate. Leave it to the RCMP and let them make the decisions," said Coun. Denis Sauve. Mayor Mike Ruttan agreed. "We're treading in an area that is not really our responsibility as a council; this is federal jurisdiction," Ruttan said. "What we're doing is that we're taking precautions to protect our people potentially, in the future, not knowing what the federal government may bring down in respect to its regulations." However, Coun. Chris Alemany believed that the proposed zoning and bylaw amendments were within the city's right to implement. "There are measures that the city can take as a municipality in order to zone and make changes to the business licences," said Alemany. Alemany, who has been a proponent of regulation since the issue was thrust upon council, said he approved of the city planner's regulations. Sauve told the rest of council he believed that any regulation was an endorsement. "You're endorsing an illegal activity." Coun. Ron Paulson vehemently denied any comparison of endorsement and regulations. "In no way for me does this indicate an endorsement of the product," said Paulson. "It's not endorsement-it's protectionism for our community." Coun. Jack McLeman said he wanted the city to be prepared for more dispensaries opening up near schools and residential areas. "I understand the problems but we've got to be ahead of the game. I don't want to be in the situation Vancouver, Nanaimo and a lot of other towns in the province are in where (they) come from behind." Coun. Dan Washington voted in favour of regulations but expressed concern over liability. "If the city starts working with these people and something goes wrong, is the city going to be held liable for any health issues because somebody got some bad pot?" Minions asked the city planner to look into making dispensaries publicly disclose that their product wasn't federally-or otherwise-regulated. The city will both consult the chamber of commerce and bring the regulations to the city's advisory planning commission. Amendments to the city's zoning bylaw will require a public hearing. No date has been set as of yet. - --- MAP posted-by: Matt