Regulation of Cannabis Retail Sales in Port Moody

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1 Reglation of Cannabis Retail Sales in Port Moody Thank yo for taking part in or pblic consltation on the reglation of cannabis retail sales in Port Moody. The City wants to know what yo think: Shold cannabis retail stores be permitted in Port Moody? If permitted, what land se gidelines and bsiness licence reglations shold apply to these stores? TIMELINE AND NEXT STEPS Concil provides direction to staff Jne 12, 2018 Smoking Bylaw amended Jly 24, 2018 Concil endorses pblic consltation plan September 25, 2018 Cannabis legalized October 17, 2018 Pblic consltation November, 2018 WE WANT YOUR FEEDBACK Please read throgh the display boards and then fill ot and sbmit a feedback form at portmoody.ca/cannabis by December 9, Paper feedback forms are also available at City Hall (100 Newport Drive). The City of Port Moody vales yor feedback. Yor inpt will be considered by Concil when they make decisions abot permitting the retail sale of cannabis and proposed gidelines and reglations. THESE DISPLAY BOARDS INCLUDE: backgrond information overview of federal, provincial, and mnicipal jrisdiction and responsibilities existing reglations pertaining to cannabis in Port Moody potential land se gidelines potential bsiness licence reglations Staff review pblic inpt December 2018 Staff present pblic consltation smmary, draft zoning and bsiness licence bylaw amendments, and draft corporate policy to Concil Janary 2019 Concil considers bylaw amendments and corporate policy Febrary 2019 HAVE A QUESTION? CANNABIS@PORTMOODY.CA.

2 Backgrond Information The federal government legalized the recreational se of cannabis on October 17, Previosly, cannabis was a controlled sbstance nder the Controlled Sbstance Act, which made the possession, prodction, distribtion, and sale of non-medical cannabis nlawfl. Recent federal changes, inclding the creation of the Cannabis Act (Bill C-45) and amendments to the Criminal Code (C-46), allow provinces and local governments to reglate the sale of recreational cannabis. The retail sale of cannabis is not crrently permitted in Port Moody, becase it is not a permitted se of land in the Zoning Bylaw. On Jne 12, 2018, Concil passed a motion directing staff to prepare an amendment to the Zoning Bylaw (No. 1890) that wold inclde a definition of retail cannabis store and allow case-by-case consideration of rezoning applications received for potential cannabis retail stores in the City. This is similar to how the City reviews liqor store applications. Ftre rezoning applications for specific retail locations wold reqire a pblic hearing, so that pblic inpt may be received with each application and considerations may be made with respect to the locations of stores and proximity to sensitive land ses, sch as COUNCIL ALSO DIRECTED STAFF TO: prepare land se gidelines for cannabis retail stores; develop a pblic consltation process as part of a corporate policy regarding cannabis; and develop a bsiness licence regime for Concil consideration regarding cannabis retail sales. If adopted by Concil, proposed land se gidelines and bsiness licence reglations wold be incorporated into policies and bylaws. schools, daycares, playgronds, and commnity centres.

3 Who reglates what? The Cannabis Act divides jrisdiction and responsibilities for the reglation of cannabis between the federal government and the provincial and mnicipal governments. ACTIVITY Federal Provincial Mnicipal Possession limits Trafficking Advertisement and packaging Impaired driving Medical cannabis Seed-to-sale tracking system Prodction (cltivation and processing) Age limit (federal minimm 18 years, B.C. minimm 19 years) Pblic health Taxation Home cltivation (growing p to for plants at home) Workplace safety Distribtion and wholesaling Retail model Edcation Retail location and rles Reglatory compliance Pblic consmption Land se/zoning

4 Cannabis in British Colmbia The Cannabis Control and Licensing Act is the applicable provincial legislation. The Act: Sets 19 as the provincial minimm age to prchase, sell or consme cannabis Allows adlts to possess p to 30 grams in a pblic place Prohibits cannabis smoking and vaping everywhere tobacco smoking and vaping are prohibited, inclding playgronds, sports fields, skate parks, and other places where children commonly gather Prohibits cannabis se on school properties and in vehicles Allows adlts to grow p to for cannabis plants per hosehold (plants mst not be visible from pblic spaces off the property, and home cltivation is banned in homes sed as daycares) Establishes a cannabis retail licensing regime similar to the crrent licensing regime for liqor Provides enforcement athority to deal with illegal sales Creates a nmber of provincial cannabis offences and a system for fining and imprisonment

5 Cannabis in Port Moody Existing Bylaws already reglate some aspects of cannabis within Port Moody: PUBLIC CONSUMPTION City of Port Moody Smoking Reglation Bylaw No prohibits the smoking of cannabis in city parks, schools, playgronds, sport venes, beaches, transit shelters, pblic transit modes, places of work, any bilding that is not a private dwelling, or within 7.5 meters of a pblic or workplace entryway, opening window, or air intake. SMOKING CLUBS City of Port Moody Smoking Reglation Bylaw No was amended on Jly 24, 2018 to prohibit cannabis in private smoking clbs. COMMERCIAL CULTIVATION, PROCESSING, AND WAREHOUSING City of Port Moody Zoning Bylaw No prohibits the commercial prodction and testing of medical marijana. The bylaw will be pdated to inclde a definition of recreational cannabis. GROWING CANNABIS FOR PERSONAL USE The City does not have any bylaws that reglate growing cannabis for personal se. Personal cltivation of cannabis is permitted within dwelling nits in Port Moody provided there is compliance with federal and provincial reglations, which inclde (bt are not limited to): not more than for plants per hosehold; plants mst not be visible from pblic spaces off the property; not permitted in homes sed as daycares. Above and beyond the federal and provincial reglations, landlords and strata concils can prohibit or frther restrict personal cltivation for homeowners/tenants.

6 Common Qestions WHERE CAN PEOPLE BUY CANNABIS IN CANADA? Cannabis will be available in privately-owned retail stores or government-operated retail stores. Retailers may only sell non-medical cannabis prodced by federally-licensed prodcers. WHO REGULATES THE SALE OF CANNABIS IN THE PROVINCE OF B.C.? The Liqor and Cannabis Reglation Branch (LCRB) licenses private, non-medical cannabis and monitors the retail sector. The Liqor Distribtion Branch is the wholesale distribtor of non-medical cannabis in B.C. and will also operate government-rn retail stores and online sales. All cannabis sold in any store mst be prchased from the Liqor Distribtion Branch. HOW ARE RETAIL LICENCES ISSUED? In B.C., applicants who wish to obtain a non-medical cannabis retail store licence mst sbmit an application to the Liqor and Cannabis Reglation Branch (LCRB). The LCRB notifies the local government of the proposed store and will only consider issing a licence if the application is spported by the local government. WILL EDIBLES BE SOLD IN CANNABIS RETAIL STORES? Edibles are not crrently inclded in the legalization of cannabis. The federal government expects that a framework for edibles will be developed within the next 12 months.

7 Location Gidelines in Other Cities LAND USE Mnicipal land se gidelines can inclde bffers between cannabis retail stores, and bffers between cannabis retail stores and sensitive ses sch as: schools playgronds daycares commnity centres Minimm Distance Between Cannabis Retail Stores Minimm Distance from Sensitive Uses CITY Coqitlam TBD TBD New Westminster 200m 150m Port Coqitlam 1,000m 200m Sqamish-Lillooet Regional District 300m 30m Vancover 300m 300m This is not an exhastive or comprehensive list of the cannabis bffer distances of all local governments in BC. This list is an example of the variety of bffer distances that can be applied in a commnity and is for information prposes only, and is crrent as of November 2018.

8 Potential Land Use Gidelines in Port Moody LAND USE A bffer distance cold be applied in the City of Port Moody to determine land se gidelines for the following: Location of cannabis retail stores Distance from sensitive ses (daycares*, schools, playgronds, commnity centres). Distance from other cannabis retail stores Capping the nmber of permitted cannabis retail stores The following maps show for different examples of bffer distances that cold be applied in the City of Port Moody to gide proposed locations of potential cannabis retail stores. The bffer distances wold be applied between a potential cannabis retail store and existing sensitive ses. Based on a specific bffer distance, each map shows the potential retail area (within existing commercial retail zoning) where a cannabis store cold be located. Applying wider or narrower bffer distances from sensitive ses respectively decreases or increases the potential area available for cannabis retail se. In addition to land se gidelines that focs on location and distance from sensitive ses or other cannabis retail stores, the City cold choose to place a cap on the nmber of stores permitted within mnicipal bondaries (e.g. maximm 1 store, 2 stores, 3 stores, etc.). * Daycares are defined as grop child care, preschool, family child care, mlti-age child care, and in-home mlti-age care

9 P U B L I C C O N S U LT A T I O N O N C A N N A B I S R E G U L A T I O N S LAND USE Wa k Par ma Fo re st Panora Commercial Retail Zones and Sensitive Uses y Driv Rd. Heritage Montain Secondary School Pleasantside Pa rk ril Aspenwood Forest Ap Way e David Av e ag rit He ene Mo tai n. lvd co nb Io Ro ad Heritage Montain Ba rn Hi gh e ive Dr Montain Meadows wa reek ons C y No Dr. n to ng hi as W Crrently zoned for commercial retail et Ravin Avene SENSITIVE USES Dr College Park Prince ton School ive Playgrond Road n Ca Commnity Centre ian ad College Park Way G ild fo rd W ay Ioco Daycare c cifi Pa Rai lwa Gl en co e e Ro ad George Street Glenayre Port Moody Secondary School Johns Moody Elementary School Street École Moody Middle School of the Arts Dewdne Moray Street Street Barnet Hwy Williams Johns Mrray Street Moody Street Clarke Street Clark Drive y Qeens Seaview Glenayre Drive Disclaimer: This map is based on existing commercial retail zoning and is for information prposes only to solicit pblic inpt. y Trnk R oad

10 Elgin LAND USE 75-Metre Bffer Distance 75m bffer distance arond sensitive areas Crrently zoned for commercial retail (otside of bffer distance) SENSITIVE USES School Playgrond Daycare Commnity Centre Highway Esplanade Barnet Colmbia Clarke Rocky Point Park Playgrond Mrray Charles Port Moody Secondary School Albert Johns Doglas Spring Kyle Centre Arts Centre Qeens Kyle Kyle Park Playgrond Mary Grant Moody Moody Hgh George Chip Kerr Park Playgrond Johns Williams Henry École Moody Middle School of the Arts Bller Not shown on map: There is also a parcel located at Clarke Rd. crrently zoned for commercial retail. Disclaimer: This map is based on existing commercial retail zoning and is for information prposes only to solicit pblic inpt.

11 Elgin LAND USE 150-Metre Bffer Distance 150m bffer distance arond sensitive areas Crrently zoned for commercial retail (otside of bffer distance) SENSITIVE USES School Playgrond Daycare Commnity Centre Highway Esplanade Barnet Colmbia Clarke Rocky Point Park Playgrond Mrray Charles Port Moody Secondary School Albert Johns Doglas Spring Kyle Centre Arts Centre Qeens Kyle Kyle Park Playgrond Mary Grant Moody Moody Hgh George Chip Kerr Park Playgrond Johns Williams Henry École Moody Middle School of the Arts Bller Not shown on map: There is also a parcel located at Clarke Rd. crrently zoned for commercial retail. Disclaimer: This map is based on existing commercial retail zoning and is for information prposes only to solicit pblic inpt.

12 Elgin LAND USE 300-Metre Bffer Distance 300m bffer distance arond sensitive areas Crrently zoned for commercial retail (otside of bffer distance) SENSITIVE USES School Playgrond Daycare Commnity Centre Highway Esplanade Barnet Colmbia Clarke Rocky Point Park Playgrond Mrray Charles Port Moody Secondary School Albert Johns Doglas Spring Kyle Centre Arts Centre Qeens Kyle Kyle Park Playgrond Mary Grant Moody Moody Hgh George Chip Kerr Park Playgrond Johns Williams Henry École Moody Middle School of the Arts Bller Disclaimer: This map is based on existing commercial retail zoning and is for information prposes only to solicit pblic inpt.

13 Provincial Reglations LICENSING The Province of British Colmbia s minimm reqirements for cannabis retail stores inclde the following: Hors of operation limited between 9am-11pm Intrder and fire monitoring systems Locked retail prodct display cases Locked cannabis storage room Secrity cameras with fll, nobstrcted views of: the retail sales area; any prodct storage area; both the interior and exterior of all entrances/exits; cameras mst be active and recording at all times; and store footage for at least 30 days after recording. Cannabis prodcts and accessories mst not be visible from otside the store Secre perimeter door locks Off-site storage of cannabis is not permitted Minors are not permitted to enter the store

14 What cold Port Moody additionally reqire? LICENSING A licensee mst also meet secrity reqirements imposed by the mnicipality where the store is located. Below are some examples of additional secrity and design reqirements that cold be reqired by a mnicipality: HOURS Hors of operation frther restricted (please note provincial reglations state that a licensee may sell non-medical cannabis at their store between the hors of 9am and 11pm, nless their hors are frther restricted by the local government for the area in which the store is located) SECURITY Secrity plan prepared by a Certified Protection Professional (CSP) or Physical Secrity Professional (PSP) Proof of a monitored secrity and fire alarm contract, inclding video srveillance Retractable secrity gates DESIGN Inclsion of design elements that can help to prevent crime, sch as clear sightlines, low walls, landscaping, and amenities to encorage activity and se of space Shopfronts shold be transparent (please note provincial reglations state that cannabis prodcts mst not be visible from otside the store) Adeqate lighting within the retail space, both dring and otside of operating hors Visally appealing, consistent with character of nearby bildings NUISANCES Interior signs informing cstomers of City smoking restrictions Installation of an air filtration system to mitigate odors

15 IF THE CITY DECIDES TO ALLOW CANNABIS RETAIL STORES, THE APPLICATION PROCESS WOULD BE AS FOLLOWS: Application made to the B.C. Liqor and Cannabis Reglation Branch (LCRB) for a provincial retail license LCRB refers application for provincial licence to the City of Port Moody Rezoning application sbmitted by the applicant to the City of Port Moody City review of LCRB refferal and rezoning application, inclding Pblic Hearing IF THE REZONING APPLICATION IS APPROVED: City sbmits letter of spport to LCRB LCRB may then isse a provincial licence Applicant applies for a City of Port Moody bsiness licence IF THE REZONING APPLICATION IS DENIED City sbmits objection to LCRB In this case, no provincial licence will be issed Cannabis retail store is not established Cannabis retail store is established