Policy statement

1   The City will take a measured approach to non-medical cannabis store regulation within the community.

Purpose

2   To provide guidelines regarding the principal considerations that will inform the City’s processing of provincial non-medical cannabis retail licence application referrals to sell non-medical cannabis in accordance with the Cannabis Control and Licensing Act, S.B.C. 2018, c. 29, and the placement of non-medical cannabis stores within the City.

Scope

3   This policy applies to all City policies and procedures developed and reviewed relating to the development of non-medical cannabis stores within the City.

Interpretation

4   (1) The Interpretation Bylaw applies to this policy.

(2) Unless otherwise provided in this policy, words and phrases used in this policy have the same meanings as in the Cannabis Control and Licensing Act, Zoning Bylaw, 2014, or as the context and circumstances may require.

Definitions

5   In this policy,

"applicant" means the person on whose behalf a provincial non-medical cannabis retail licence application is submitted to the City, or a person seeking to obtain a licence.

"cannabis store" has the same meaning as in the Zoning Bylaw, 2014.

"general manager" means the general manager appointed under the Cannabis Control and Licensing Act.

"intake period" means the period during which provincial non-medical cannabis retail licence application are accepted for consideration within the City's consolidated intake and competitive review process.

"licence" means a licence to sell cannabis under the Cannabis Control and Licensing Act.

"licensee" has the same meaning as in the Cannabis Control and Licensing Act.

"Liquor and Cannabis Regulation Branch application" or "referral application" means an application to the general manager to obtain a licence.

"provincial non-medical cannabis retail licence application" has the same meaning as in the Development Application Procedures Bylaw, 2016.

Impact of laws enacted by senior levels of government

6   Effective October 17, 2018, by operation of provincial and federal law, it is legal in British Columbia for individuals 19 years of age or older to possess, grow, purchase and consume certain forms of cannabis.

Provincial requirements for legal retail sale of non-medical cannabis

7   (1) The Cannabis Control and Licensing Act provides that only the government, federal producers, licensees and other prescribed persons may lawfully sell cannabis.

(2) In order to become a licensee, a person must apply to the general manager in accordance with the Cannabis Control and Licensing Act.

(3) In accordance with section 33 Recommendations of local government or Indigenous nation of the Cannabis Control and Licensing Act, the general manager does not issue prescribed classes of licence unless the local government for the area in which the establishment is proposed to be located gives the general manager a recommendation that the licence be issued.

(4) A local government that receives notice of an application may decide to give or not give comments and recommendations in respect of the referral application.

(5) Where a local government decides to give comments and recommendations regarding a referral application, the local government must take into account prescribed criteria and, in the prescribed circumstances, gather the views of residents of an area determined by the local government by 1 or more of the following methods:

(a) receiving written comments in response to a public notice of the application;

(b) conducting a public hearing in respect of the application;

(c) holding a referendum;

(d) using another method the local government considers appropriate.

City’s approach to non-medical cannabis regulation

8   As part of the City’s approach to non-medical cannabis regulation, and until such time as Council may otherwise direct, the City will only provide comments and recommendations regarding referral application through a consolidated intake and competitive review process as described in this Part.

Application intake

9   (1) The City will open an application intake period for at least 2 months.

(2) A prospective applicant may request a development inquiry meeting with City staff during the intake period.

(3) Each applicant must submit a Liquor and Cannabis Regulation Branch application to the general manager and pay the provincial application fee.

(4) Each applicant must submit an application package to the City before the end of the intake period that includes all documentation required under the Development Application Procedures Bylaw, 2016.

(5) Each applicant must pay the City's application fee set out in the Development Application and Service Fee Bylaw.

(6) The general manager forwards to the City referral application in respect of proposed locations within the City that meet provincial requirements.

Screening

10   (1) City staff will screen provincial non-medical cannabis retail licence application referred to the City by the general manager for completeness and consistency with City bylaw requirements.

(2) City staff will submit a report for Council's consideration, including a summary of provincial non-medical cannabis retail licence application received during the intake period and a recommendation for direction to gather the views of residents on each application.

Gathering the views of residents regarding applications

11   (1) The City will conduct a public input process through a Council hearing to gather the views of residents on the provincial non-medical cannabis retail licence application received during the intake period, as described in this policy.

(2) The notification and consultation requirements applicable to provincial non-medical cannabis retail licence application are as set out in the Development Application Procedures Bylaw.

(3) Subject to a contrary resolution of Council, the notification and consultation requirements referred to in subsection (2) will be considered to satisfy the requirement under section 33 of the Cannabis Control and Licensing Act to gather the views of residents in respect of a provincial non-medical cannabis retail licence application.

(4) Nothing in this section precludes the City from undertaking additional steps to gather the views of residents prior to providing comments and recommendations regarding a provincial non-medical cannabis retail licence application.

Recommendations

12   (1) City staff will evaluate provincial non-medical cannabis retail licence application based on the guidelines set out in Division 2.

(2) City staff will submit a report for Council's consideration that includes a summary of the views of residents on each provincial non-medical cannabis retail licence application and the evaluation process.

(3) Council will direct staff with respect to making comments and recommendations on provincial non-medical cannabis retail licence application.

(4) City staff will notify each applicant and the Liquor and Cannabis Regulation Branch of Council's decisions regarding provincial non-medical cannabis retail licence application and applicable next steps.

Principles and considerations

13   Without limiting Council’s discretion in respect of any particular provincial non-medical cannabis retail licence application, the principles and considerations set out in this Part will generally inform the City’s consideration of applications.

Site

14   (1) A proposed store location must be on a lot on which a cannabis store is a permitted use within the Zoning Bylaw, 2014.

(2) An applicant must own, lease, or provide the City with evidence of an agreement to purchase or lease the commercial unit or building in which the cannabis store is proposed to be located.

(3) The City may consider the proximity of a cannabis store to other proposed cannabis store so as to provide geographic equity and avoid the clustering of stores.

(4) The City may consider potential impacts of a proposed cannabis store on the following sensitive land uses and proposed mitigation measures to mitigate the impacts:

(a) elementary, middle and secondary schools;

(b) municipal parks;

(c) municipal recreation facilities;

(d) child care facilities;

(e) emergency shelters;

(f) recovery facilities for vulnerable populations.

(5) The City may consider the extent to which a proposed cannabis store employs best practices for Crime Prevention Through Environmental Design (CPTED).

(6) The City may consider whether a proposed cannabis store will have adequate access, parking and loading facilities.

(7) The City may consider the extent to which a proposed cannabis store will have adverse impacts on nearby stores and buildings.

Store

15   (1) In accordance with the Zoning Bylaw, 2014, a maximum of four cannabis store will be permitted within the City.

(2) The City may consider details of a proposed cannabis store's business operations including

(a) store hours,

(b) staffing,

(c) training,

(d) procedures to prevent service to minors, and

(e) procedures to prevent cannabis consumption in or near the cannabis store.

(3) The City may consider the proposed exterior design of a cannabis store relative to nearby stores and buildings.

(4) The City may consider whether a proposed cannabis store's branding complies with provincial requirements and the Sign Bylaw.

(5) Each applicant should demonstrate that its proposed store layout and security program comply with provincial requirements.

Operator

16   (1) The City may consider an applicant's business experience, including relevant experience in a federally or provincially regulated sector or industry subject to age restrictions.

(2) The City may consider whether an applicant, or any of its principals or affiliates, are engaged in the unauthorized sale or distribution of cannabis.

(3) The City may consider input from the Abbotsford Police Department regarding an applicant or any of its principals or affiliates.

(4) The City may consider whether an applicant, or any of its principals or affiliates, is liable for unpaid fines in respect of City bylaw contraventions other than those for which the time limit for adjudication has not yet expired.

City may provide comments and recommendations

17   After Council has considered a provincial non-medical cannabis retail licence application received during the intake period, the City may provide the general manager with comments and recommendations in accordance with this Division.

Required form of comments and recommendations

18   (1) Comments and recommendations to the general manager will be in writing.

(2) Comments will include the views of the City on the general impact of a proposed cannabis store on the community.

(3) Comments will include the views gathered from residents and a description of the method used to gather those views.

(4) Recommendations will include a recommendation that a Liquor and Cannabis Regulation Branch application be

(a) issued,

(b) amended, or

(c) not be issued.

(5) Recommendations may include a recommendation that a licence be issued with conditions.

(6) Recommendations will include the reasons on which they are based.