AGENDA OPEN COUNCIL COUNCIL REPORT MAY 22, 2019 DATE May 7, 2019 MEMO TO: K. KEHLER, CHIEF ADMINISTRATIVE OFFICER FROM: B. C. RUSSELL, DIRECTOR OF COMMUNITY PLANNING AND BUILDING S. BEAUDOIN-LOBB, PLANNING TECHNICIAN II SUBJECT: CONSIDERATION OF A NEW NON-MEDICAL CANNABIS RETAIL STORE, BC CANNABIS STORE AT 826 ISLAND HIGHWAY WEST – FILE: 4320-50-PCL004 APPLICANT: LIQUOR DISTRIBUTION BRANCH PURPOSE: ADOPTION OF RESOLUTION TO THE LIQUOR AND CANNABIS REGULATION BRANCH EXECUTIVE SUMMARY: The Liquor Distribution Branch is seeking a positive resolution from Council to the Liquor and Cannabis Regulation Branch (LCRB) for a licence application for a new non-medical cannabis retail store named BC Cannabis Store. An opportunity for public input has occurred to allow Council to provide comment on the application to the LCRB. NON-MEDICAL CANNABIS RETAIL STORE PAGE 2 BC CANNABIS STORE AT 826 ISLAND HIGHWAY WEST – FILE: 4320-50-PCL004 RECOMMENDATION: THAT the report from the Director of Community Planning and Building and Planning Technician II dated May 7, 2019 entitled “Consideration of a New Non-Medical Cannabis Retail Store, BC Cannabis Store at 826 Island Highway West – File: 4320-50-PCL004” be received; THAT having considered public input, the location, and the general impact on the community, Council indicates to the Liquor and Cannabis Regulation Branch that the Non-Medical Cannabis Retail Store application by the Liquor Distribution Branch for the store BC Cannabis Store at 826 Island Highway West, be approved. BACKGROUND: The Liquor Distribution Branch has made a Non-Medical Cannabis Retail Store licence application to the LCRB for a new store named BC Cannabis Store at 826 Island Highway West [Lot 1, District Lot 74, Nanoose District, Plan EPP27137]. The subject property is zoned Comprehensive Development Zone CD-12. This zone permits shopping mall as a permitted land use, a use that includes retail store. Retail store is defined to include cannabis trade allowing for the sale of cannabis and cannabis accessories where appropriately licenced. The subject property is in proximity to the following: • To the north is a collection of shops at Wembley Mall; • To the south is a collection of shops at Wembley Mall; • To the east is the parking lot of Wembley mall, across from which is Island Highway West; • To the west is Wembley Road, across from which is land located within the Regional District of Nanaimo, which appears to be residentially zoned. The Licence Inspector has received and found acceptable the following items in support of the associated Business Licence application: • Completed Retail Cannabis Sales Business Licence Application form, with signatures from authorized property owner(s); • Title Search; • Charges on title; • Company Search; • Site Plan; • Criminal Record Check; • Odour Control Plan; • Good Neighbour Agreement. NON-MEDICAL CANNABIS RETAIL STORE PAGE 3 BC CANNABIS STORE AT 826 ISLAND HIGHWAY WEST – FILE: 4320-50-PCL004 The Business Licence Bylaw states that the hours of operation for cannabis trade shall be between 9 am and 11 pm daily. Actual operating hours may be less. An opportunity for receiving written comment from the public within the immediate vicinity of the proposed establishment is being provided in satisfaction of provincial licensing requirements. The City received confirmation from the applicant on April 12, 2019 that the notice sign was posted on the subject property. A time for submitting comments was provided until 4:00 pm on Friday, May 3, 2019. No comments were received. The recommendations and comments the local government provides to the LCRB must: • Be in writing (this may or may not be in the form of a resolution); • Show that the local government has considered the location of the proposed store; • Include the views of the local government on the general impact on the community if the application is approved; • Include the views of residents if the local government has gathered residents’ views, and a description of how they were gathered; • Include the local government’s recommendation as to whether the application should be approved or rejected and provide the reasons upon which the recommendation is based. The required steps have been taken to permit Council to adopt a resolution which could be sent to the LCRB either in support of or opposition to the application. OPTIONS: Council may: 1. Pass a resolution indicating support of the application. 2. Pass a resolution indicating opposition to the application. ANALYSIS: 1. Having considered comments from the public, the location, and the impact on the general community, this option provides Council with an opportunity to indicate to the LCRB that the application be approved. NON-MEDICAL CANNABIS RETAIL STORE PAGE 4 BC CANNABIS STORE AT 826 ISLAND HIGHWAY WEST – FILE: 4320-50-PCL004 The proposed location is zoned appropriately to allow for a non-medical cannabis retail store. In addition, the site has been determined by the License Inspector to satisfy the distance separation requirements from sensitive uses such as schools, rehabilitation centres, registered daycares and senior care facilities. As part of the Business Licencing requirements, the applicant must provide an acceptable criminal record check, complete an odour control plan and enter into a good neighbour agreement with the City. Given the aforementioned requirements and the retail nature of the establishment, it is expected that the impact on the general community should be minimal. This option, if approved by the LCRB, will allow the Liquor Distribution Branch to operate a non-medical cannabis retail store named BC Cannabis Store. 2. If Council, after having considered public input, believes that the proposal is contrary to the community interest, Council may consider providing a resolution to the LCRB that the application be denied. STRATEGIC PLANNING IMPLICATIONS: Strategic plan implications were considered by Council during the development and implementation of non-medical cannabis trade regulations within the City. Individual applications are processed on a case-by-case basis and as such do not appear to have broader community or strategic plan implications. FINANCIAL IMPLICATIONS: There are no financial implications associated with the processing of this application other than the costs of advertising which are intended to be covered by the $750.00 application fee. A separate Business Licence fee in the amount of $1000 is also collected for cannabis retail businesses. REFERENCES: Attached: • Cover letter entitled “Cannabis Retail Store Application” from BC Liquor Distribution Branch, dated February 4, 2019; • Air photo; • Notice sign photo, received April 16, 2019; • Good Neighbour Agreement template. NON-MEDICAL CANNABIS RETAIL STORE PAGE 5 BC CANNABIS STORE AT 826 ISLAND HIGHWAY WEST – FILE: 4320-50-PCL004 Other: • Local Governments’ Role in Licensing Non-Medical Cannabis Retail Stores, Liquor and Cannabis Regulation Branch, December 20, 2018; • "Business Licence Bylaw, 2018, No. 1550"; • Report from the Director of Administrative Services entitled "Regulatory Options for Legalizing Cannabis", dated June 4, 2018; • Report from the Director of Administrative Services entitled "Updated Regulatory Options for Legalizing Cannabis", dated September 7, 2018; • Report from the Director of Administrative Services entitled "Implementation of Regulatory Regime for the Recreational Cannabis Industry", dated November 8, 2018. Respectfully submitted, Original signed by S. Beaudoin-Lobb S. BEAUDOIN-LOBB, MCP Planning Technician II Original signed by B. Russell B. C. RUSSELL, MCP, MCIP, RPP Director of Community Planning and Building SBL/BR/wd CHIEF ADMINISTRATIVE OFFICER'S COMMENTS: Original signed by K. Kehler K. KEHLER, MPA Chief Administrative Officer I:\Users\Planning\Licenses - Liquor & Cannabis 4320-50\1 Cannabis\19 - PLC004 BC CANNABIS STORE - 826 ISLAND HIGHWAY WEST \Agenda\Report-1.docx Q LIQUOR BRITISH DISTRIBUTION COLUMBIA BRANCH February 4, 2019 City of Parksville 100 Jensen Avenue East Parksville, BC V9P 2H3 Dear Mayor and Councillors: Re: Cannabis Retail Store Application Please accept our application to locate a government operated cannabis retail store at Wembley Mall 826 Island Highway West About the LDB The LOB is one of two branches of government responsible for the beverage alcohol and non-medical cannabis (cannabis) industries in B.C. Through the Liquor Distribution and Cannabis Distribution Acts, the LOB is mandated with the purchase and distribution of beverage alcohol and cannabis for the Province. As well, the LDB operates a number of public liquor stores (197 in total), and as of October 1ih, a public cannabis retail store in Kamloops, as well as an e-commerce platform to offer public on­ line sales of cannabis. The LOB is self insured as a branch of the BC government. Revenue generated through the LDB's wholesale and retail operations is directed to the Provincial Government and contributes to supporting vital public services such as health care and education. For the 2017/2018 fiscal year, the LOB contributed $1 .12 billion to fund government services. Revenue generated through LDB's newly implemented cannabis operations (both wholesale and retail) will also be directed back to the Province to support important public services. Location of Proposed Cannabis Retail Store This location was selected by the LOB for a proposed cannabis retail store for a number of reasons, including that the site is: • Located in a large retail complex and therefore