Pubdate: Thu, 14 Jan 2016
Source: Alberni Valley News (CN BC)
Copyright: 2016 Alberni Valley News
Contact:  http://www.albernivalleynews.com/
Details: http://www.mapinc.org/media/4247
Author: Katya Slepian
Page: A6

POT REGS 'CONTROL THE UNCONTROLLABLE': RUTTAN

City council's steps towards regulating the storefront sale of 
medical marijuana continued to be a hot topic at its meeting on 
Monday night-and the divide is growing.

"We're coming into a crucial point right now. We're actually going to 
be creating a bylaw that's not supporting what the federal law is and 
I've got strong concerns," said Coun. Denis Sauve.

Sauve, along with Mayor Mike Ruttan, have been staunch in their 
opposition to imposing any municipal regulations on what they 
consider a federal matter.

However, Sauve's motion to abolish all marijuana dispensaries within 
the city was defeated as Sauve was questioned on the practicality of 
his motion.

"What are the steps to shutting them down that we haven't taken 
already?" Coun. Sharie Minions asked.

"Us making a motion is not going to shut down the five shops that we have."

Currently, storefront marijuana dispensaries are illegal under the 
Criminal Code and medical marijuana is regulated federally. However, 
Alberni's municipal council has chosen to follow in the steps of 
Vancouver and Victoria. The former has regulations in place and the 
latter is considering them.

Council was again challenged by resident Neil Anderson on how 
establishing a regulatory scheme did not condone and encourage the 
spread of the storefront dispensaries.

"There's one question I have to ask. How have the changes adopted 
tonight not given a green light to these dispensaries?"

Ruttan said that while he had not personally voted to regulate 
dispensaries, the city had explored all possible other avenues and 
was trying to do something, rather than nothing.

"I have consistently not voted in favour because I do not believe 
that it's the right thing for us to do," said Ruttan.

"But it doesn't matter-this is what council has voted for and I 
believe that council's position is fairly clear. It is this council's 
best attempt to control the uncontrollable."

Coun. Dan Washington, who had voted in favour of regulation in the 
past, said he was torn on the issue but hoped that this would control 
the surge of shops opening up.

"I think this process is going to weed out a lot of them that can't 
meet the criteria."

Upon council's request, city planner Scott Smith brought forward 
updated zoning bylaws and business licence requirements. As per the 
proposed zoning bylaw, storefront dispensaries would only be allowed 
in general commercial, service commercial, highway commercial and 
core business zones. In essence, this restricts them to the Uptown 
and Johnston Road business cores.

Dispensaries must also remain 300 metres from the closest school, 
1000 metres from any other dispensaries, not have an ATM or have 
their store used for any other purpose other than the dispensing of marijuana.

Proposed business licence regulations would require that all 
marijuana dispensaries have a business licence at a cost of $220 from 
the city and a recognition that a city business licence in no way 
represents a compliance with senior government laws. The $220 cost is 
the same as a liquor outlet business licence. Under current bylaws, 
not having a business licence is subject to fines of $150.

In order to comply with the requirements of the business licence, 
storefront dispensaries must not serve minors under the age of 19, 
have a monitored fire alarm and security system including video 
surveillance, limit hours of operation between 8 a.m. and 8 p.m., 
have transparent shop fronts and have product signage warning stating 
that products sold on the premises are not Health Canada approved.

Applications, council directed, will be approved on first come, first 
serve basis.

Responding to concerns raised by Sauve regarding grandfathering in 
the existing shops, Smith said he believes there is no need to 
grandfather in shops that opened before the bylaw is implemented.

"Grandfathering only comes into play when the business was legal 
before a bylaw was introduced."

However, Smith added that a legal opinion may be necessary to allay 
council concerns.

Three readings were given to the zoning and business licence bylaws 
for storefront marijuana regulations.

The proposed changes will go to a public hearing before they can be 
passed by city council. The hearing is scheduled for Jan. 25 at 5 
p.m. in council chambers and council can vote on it at the meeting 
that same night.
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MAP posted-by: Jay Bergstrom