September 18, 2018

IN-CAMERA REPORT #8-2018

Managing Legal Cannabis – Council Policy

At an In-Camera Council Meeting held August 14, 2018, the following Resolution was
passed:

Moved and Seconded

That pursuant to the report of the Director of Development Services dated August 8, 2018,
Council approve the Cannabis Retail Referral Process dated August 14, 2018.

Carried

This item is being brought forward to a Regular Meeting of Council to become a matter of
public information.

Respectfully submitted,

Cindy Bouchard
Corporate Officer
 B2 (I-C)
CITY OF WILLIAMS LAKE
IN CAMERA COUNCIL REPORT

DATE OF REPORT: August 8, 2018

DATE & TYPE OF MEETING: August 14, 2018 In-Camera Council Meeting
AUTHOR: Leah Hartley, Director of Development Services
SUBJECT: MANAGING LEGAL CANNABIS – COUNCIL POLICY
FILE: 3900-02

SECTION 1: EXECUTIVE SUMMARY

The purpose of this report is to establish Council Policy that will supplement the particulars of Zoning
Amendment Bylaw No. 2272 in managing cannabis retail dispensaries within the City.

An Interim Policy was supported at the July 17, 2018 Committee of Whole Council, with anticipation of
reconsideration following public hearing of Zoning Amendment Bylaw No. 2272 (Cannabis Zoning). The
province of BC has recently indicated that it is ready to accept retail applications and to initiate referrals
to local government.

SECTION 2: BACKGROUND
In addition to the provisions of the City Zoning Bylaw, provincial Bill 30 regulates the sale of recreation
cannabis. It will permit storefront dispensaries, through a licensing program managed by the provincial
Liquor Distribution Branch. Section 33 of Bill 30 provides that notice of each license application will be
provided to local government, that local government review must include gathering the views of local
citizens through a consistent mechanism, and that local government may rely on policies to achieve
broad community objectives.

The response back from local government will be considered by the licensing branch in deciding whether
to issue the license, to refuse, or to issue subject with conditions. This process will enable a municipality
to provide comment on the suitability of a particular establishment, based on measures that extend
beyond zoning regulations.

The City has received inquiries from multiple cannabis retail proponents and anticipates receiving in
excess of 18 retail applications, with up to five applications from each of two ownership groups. At
maximum, six retail license applications will be supported in the City when zoning separations are
applied.

SECTION 3: DISCUSSION
The City’s Interim Cannabis Retail Referral Process (July 17, 2018) provides for review of each license
application, and that enables Council to form its comments and recommendations following a prescribed
process that includes:
• public notice of each application (Appendix B);
• referrals to and consideration of comments from the RCMP, Business License Inspector, City
Planner, and Fire Department; and
• considering the proximity to child-related adjacent land uses, and the local traffic circulation
patterns.
Managing Legal Cannabis – Council Policy Page 2

Staff are recommending the following amendments to the Cannabis Retail policies:
1. A Statement of Objectives – that Council is wishing to support a diversity of retail opportunities,
operators, product and pricing; as such that Council encourages a diversity of business owners,
including a mix of public, non-profit, and private retail.
2. That Council will consider an applicant’s previous compliance with local regulations and bylaws,
including demonstrated compliance with medical marihuana legislation or with liquor license
regulations.
3. That in the event of two or more cannabis retail referrals being supported in principle by
Council, other than separation of retail locations from each other, Council may conduct a lottery
at open public meeting to select an approved location.
4. That the required 500 metre separation between retail locations is applied solely within the
municipal boundary.
5. That the required separation distances be measured to front door of a premise when the subject
parcel is a multi-tenant property.

The attached Cannabis Retail Referral Process Policies have been amended to incorporate the above
changes as well as a change in name of the provincial regulatory branch, and to note that the public
referral process will commence only after adoption of the City’s Zoning Amendment Bylaw.

SECTION 4: DETAILED ANALYSIS

a. Financial Considerations – Cost and Resource Allocations:
Nominal.

b. Legislative Considerations (Applicable Policies and/or Bylaws):

Provincial Bill 30, Cannabis Control and Licensing Act, Section 33.

c. This project most closely supports the following ICSP Priority Areas:
N/A

d. This project potentially conflicts with the following ICSP Priority Areas (also list mitigation
measures)
N/A

e. Environmental Considerations:
N/A

f. Social Considerations:
N/A

g. Economic Considerations:
N/A

SECTION 5: RECOMMENDATIONS
That Council receive the “Managing Legal Cannabis Policy” report of the Director of Development
Services dated August 8, 2018 and approve the Cannabis Retail Referral Process dated August 14, 2018.

This resolution may be made public at the next meeting of Council.

Managing Legal Cannabis – Council Policy Page 3

Respectfully submitted,

Milo Macdonald
Chief Administrative Officer

This report has been prepared in consultation with the following: Initials
Director of Legislative Services CB
Planner HN

ATTACHMENTS:
Attachment A – Cannabis Retail Referral Process
 Attachment "A" (4 Pages)

CITY OF WILLIAMS LAKE

COUNCIL POLICY

ISSUED: August 14, 2018

PREPARED BY: DIRECTOR OF CORPORATE SERVICES
AUTHORIZED BY: COUNCIL
TITLE: CANNABIS RETAIL REFERRAL PROCESS
PAGE:

This document outlines the process that the City will follow in reviewing all provincial
referral applications for new and amended cannabis retail license applications, pursuant
to the publication “Private Retail Licensing Guide Applications and Operations”.

1. The City of Williams Lake supports the legalization of cannabis retail and
wishes to support a diversity of retail opportunities, operators, product and
pricing within the City boundaries, subject to provisions of the City’s zoning and
business license bylaws. Council encourages applications from a diversity of
business owners and operators, including a mix of public, non-profit and private
retail.
2. The City’s review process begins when notification is received from the Liquor
and Cannabis Regulation Branch (LCRB) of new or amended applications for
cannabis retail licenses.
3. Should the location proposed on the application be situated outside of a zone
that does not permit cannabis retail, or within the established buffers from
schools and licensed daycares, or within 500 meters of a previously referred
application, City staff will reply to the referral noting that the location is not
permitted by City zoning regulations. The application response will be provided
as information to Council.
a. The required 500 meter separation between retail locations is applied solely
within the municipal boundary. A proposed location may be approved within
the municipality irrespective of the location of retail premises situated
outside of the municipality.
b. The required separation distances are measured to customer entry door of
a premise when the subject parcel is a multi-tenant property.
4. Notwithstanding the above, City staff will direct the applicant to commence
public notice of the application at any time after adoption of Zoning Bylaw 2272
permitting retail cannabis within the City.
Cannabis Retail License Application Process Policy 2018 Page 2

5. Referrals of the application will be made for review and comment, as

applicable, to the RCMP, License Inspector, Building Inspector, Planner and
Fire Department. Additional referrals to other agencies may be required.
Responses will be compiled within two weeks.
6. Upon conclusion of the public notice and referral response period, staff will
present the application for information to City Council. Council will consider
and comment on:
– the location of the establishment in relation to adjacent land uses that
include programming for children (such as a church or playing field).
– the proximity of the establishment to other social or recreational facilities,
to liquor servicing or retail premises, and to public buildings.
– the opportunity to achieve a diversity of retail business operators,
including a mix of public, non-profit, and private retail establishments
offering a diversity of product.
– an applicant’s previous compliance with local regulations and bylaws,
including demonstrated compliance with medical marihuana legislation or
with liquor license regulations.
– the person capacity and hours of retail service.
– the traffic circulation and parking.
– The written responses from referrals and public notice.

The RCMP Detachment is expected to comment on the potential impact of the proposed
establishment on:
– The presence of a comprehensive security plan, including at minimum a
monitored security and fire alarm system and video surveillance inside
and outside the premises.
– police resources
– levels of criminal activity in the City
– levels of public disorder, including noise and nuisance
– issues typically associated with the type of venue being proposed
– the suitability of the proposed staff training measures, given the type of
venue being proposed and the issues expected

The License Inspector is expected to provide comments on

– the business license status of the applicant
– the complaints history relative to hours of operations of existing licenses
– the history of traffic and noise concerns in the area

The Planner is expected to provide comments on the proposed establishment's

degree of conformity to:
– relevant land-use and other policies in the City's OCP
– relevant concurrent development applications in close proximity
– the City's zoning bylaw, including the bylaw's parking regulations
Cannabis Retail License Application Process Policy 2018 Page 3

– applicable design guidelines

– other applicable development regulations
– potential impact on local traffic circulation

The Building Inspector is expected to provide comments on:

– the proposed establishment's conformity to the City's building bylaw
– the proposed establishment's conformity to the BC Building Code (including
the Code's regulations on occupant load)
– the degree of conformity to other applicable building regulations
– the applicant's proposed noise and odor abatement measures

It should be noted that a detailed review of building regulations, including those in

the Code, will be done as a matter of course in cases where a building permit is
required. The applicant is responsible for applying separately for the required
building permit.

The Fire Department is expected to comment on:

– any fire related concerns that may be posed by the proposed establishment
– occupant load issues

7. The City may gather the views of local residents and businesses whenever
issuing a cannabis retail license. The City may determine the appropriate area to
be included and the method of gathering those views. The City may recover from
applicants the cost of any process used to gather the views of the public.

The City may use one or more of the following methods:

• receiving written comments in response to a public notice posted at the site
and in local newspapers;
• conducting a public hearing;
• holding a referendum; or
• any other similar method

The more controversial the application, the greater the need for a precise method
for gathering views, such as a referendum. The method chosen will meet the
following criteria:
• it is fair and equitable to both the residents and the applicant;
• it provides all nearby residents with reasonable notice and opportunity for
comment;
• it avoids any perception of bias; and
• it is appropriate to local circumstances

To avoid the perception of bias, neither the applicant, nor a group opposed to the
application will be involved in the collection of public views.
Cannabis Retail License Application Process Policy 2018 Page 4

It has been determined by the City that the minimum public notification and
information will be provided by requiring the applicant to place a site sign and
newspaper advertisements, at no cost to the City, in the June 26 2018 prescribed
format. The written comments received in response to the notification will be
referred to Council for consideration at a public meeting at which time written
presentations will be received. The City may also gather the views of residents
during a public hearing to consider a re-zoning application for the proposed site.
This would enable a single process to serve two purposes.

8. Staff Report:
The report to Council is structured to reflect the specific considerations required by
the LCRB regulations. Referral comments and any public comments as a result
of the public notice process and hearing will be provided with the report.

9. Council Resolution:
The Council will review the regulatory criteria and pass a resolution commenting
on the various factors. The resolution must:
• comment on the regulatory criteria;
• indicate whether or not the views of residents were gathered;
• if the view of residents were gathered, explain:
o how the views of residents were gathered;
o the views of residents; and
o its comments and recommendations with respect to the views of the
residents;
• provide its recommendation whether the license should be issued; and
• gives the reasons for its recommendation

The staff report to Council will be written in the format that closely follows the LCRB
regulations and can therefore be used to form part of the Council resolution.

Where there are multiple applications meeting criteria for Council recommendation
of support, other than separation of a retail location from another location, Council
may select between applications by means of a lottery at open session of Council.

It is noted that a Council recommendation that is in support of an application does

not automatically indicate the provincial license will be approved.