Pubdate: Thu, 21 Apr 2016
Source: Vancouver Sun (CN BC)
Page: A5
Copyright: 2016 Postmedia Network Inc.
Contact:  http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Jennifer Saltman

CITY'S UNLICENSED POT SHOPS MUST CLOSE BY MONTH'S END

Any That Remain Open Will Be Subject To Fines And Legal Action,
Official Says

In just over a week, unlicensed marijuana shops in Vancouver will have
to close their doors or be subject to fines and legal action.

Andreea Toma, the city's director of licensing, said it's too early to
tell exactly how many will shutter, but according to figures provided
by the city, that number could be as high as 130.

After seeing a significant increase in the number of marijuana-related
businesses in Vancouver, and in the absence of a clear regulatory
framework from the federal government, the city decided to come up
with its own regulations last year.

In April 2015, council received a report from staff about proposed
regulations and referred them to a public hearing. After the four-day
hearing, council adopted the regulations on June 24.

The city then put out a call to all marijuana-related businesses and
compassion clubs to apply by Aug. 21 to operate a legal business.

A total of 176 businesses applied. Of those that applied, 135 were
rejected in October 2015 because they violated the zoning and
development bylaw's rules about where pot shops can operate. They have
to be in commercial zones and at least 300 metres from schools,
community centres, neighbourhood houses and facilities that serve
vulnerable youth, as well as other marijuana-related businesses.

The 135 businesses were told they could operate until April 29. It is
unclear how many are still open.

Toma said there were three businesses that didn't take part in the
application process, and they were ordered to close right away. One
has closed, one has changed its business model and one continues to
operate illegally. Toma said it has been fined multiple times and the
city has begun legal action.

Of the 135 businesses that were rejected, 62 appealed to the city's
Board of Variance. The board started hearing appeals in February and
has since denied nine appeals and deferred two so that more
information could be submitted. Two appeals were successful.

An appeal hearing for four businesses was scheduled for Wednesday.
Those included Divine Ventures, the Chronic Hub Social Club Society,
the B.C. Compassion Club Society and the Kerrisdale Therapeutic
Healing Society.

Messages left with the first three businesses weren't returned by
deadline. Updated contact information couldn't be located for the
fourth business.

Toma said enforcement against medical-marijuana-related businesses
that continue to operate without a business licence after April 29 is
unrelated to the Board of Variance appeal process. Therefore, any that
remain open after that date are subject to enforcement.

Sixty- and 30-day notices were sent to property and business owners to
remind them of the deadline. During the first week of May, bylaw
officers will conduct an enforcement blitz to check on compliance.

Toma cautioned that all of the figures the city provided are "a
snapshot in time," making it hard to estimate how many businesses will
close next week. Once a business has met the zoning requirements, it
can apply for a development permit. Toma said the city has approved
seven development permits and is currently reviewing 15
applications.

The next step is applying for a business licence. The city has
received four applications for business licences, but none have been
issued to date. Toma said she hopes they will be issued before summer.

Coun. Kerry Jang said the process shouldn't be a surprise to any of
the dispensaries working their way through the process.

"This is all part of the bylaw, this is not a surprise. This is
exactly what we told all the pot dispensaries we were going to do,"
Jang said Wednesday. "They said, 'You know, we want to be treated like
any other business because it is a legitimate thing.' It helps with
the legalization process and so on and so forth. So we said, 'OK,
fine. Be careful what you ask for.'

"But with rules, not all of you are going to make it
through."

Jang said it's not the "end of the world" for dispensaries that aren't
granted permits, simply that they'll have to find another location in
which to set up shop once the next stage of applications opens up. 
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MAP posted-by: Jo-D