Unlicensed Pot Shops

[Anonymous123]

Does the city really think these fines will deter a shop that is set to make thousands per day?

http://www.castanet.net/news/Penticton/186194/Unlicensed-pot-shop-opens

[Daspoot]

$500 a day is a cost not too many businesses could handle, and with the market for pot shops already pretty saturated and getting worse, I doubt "thousands per day" is accurate.

The real question is will they pay the fine? and what happens if they don't. I'm honestly surprised the city doesn't have a deterrent with more teeth in place from long ago, fines don't bug a person if they have no intention of paying them.

[pentona]

There is one way to shut them down asap if they don't have a license. Turn off their electricity. The city has the ability to do that but do they have the guts.

[fluffy]

Excuse me if I'm a little bit out of the loop here, but aren't these "dispensaries" legally able to sell only to those holding proper prescriptions for medical marijuana ? Are there enough active prescriptions in a town of 33,000 to support four dispensaries?

[southy]

I find it interesting that the Downtown Penticton Association President states the following in the article on Castanet:

DPA president Lynn Allin says that stance hasn't changed since December.

"We were very clear that the board cannot endorse or support the illegal use, temporary or otherwise, of any retail space in downtown Penticton," Allin said. "We're assuming bylaw will step in and contact the owner of the business."

Ahh, I could be wrong but didn't the city grant a license to the pot shop on Martin Street? Isn't Martin Street within the Downtown Penticton Association area? Or am I missing something. How long before the Fed's step in and look at the city on this one? Or maybe they really don't care either.

[pentona]

Excuse me if I'm a little bit out of the loop here, but aren't these "dispensaries" legally able to sell only to those holding proper prescriptions for medical marijuana ? Are there enough active prescriptions in a town of 33,000 to support four dispensaries?

The Title of this thread says it all. A business cannot sell anything here, legally, when that business does not have a business license. How do they get their Electricity turned on when renting? Don't they have to sign up with the city to activate it? Someone must be asleep at the proverbial switch.

[Drip_Torch]

There is one way to shut them down asap if they don't have a license. Turn off their electricity. The city has the ability to do that but do they have the guts.

Would you be prepared to shut off the power to all commercial properties that don't have a current business licence? Frankly I find that approach scary, subject to abuse and arbitrary. IMHO, laws and regulations are created and maintained in an attempt to foist some certainty into an uncertain world.

The application for power service, from the city, is completely independent of the business licencing bylaw and, I would argue, must remain so.

[pentona]

Would you be prepared to shut off the power to all commercial properties that don't have a current business licence? Frankly I find that approach scary, subject to abuse and arbitrary. IMHO, laws and regulations are created and maintained in an attempt to foist some certainty into an uncertain world.

The application for power service, from the city, is completely independent of the business licencing bylaw and, I would argue, must remain so.

No, but if the city finds a business operating without a license, they should be given a reasonable amount of time to get one. In this case, however, they were deemed illegal and wouldn't be able to obtain one. Only two were given licenses.

Surely the city has ways of checking via computer who has a business license and who does not. The power (electricity) should never have been turned on, then no hardship would be created.

[Daspoot]

The power is likely on under the building owners name, and then either the billing is transferred to the new business or owner, or in many cases, they just pay the landlord.

As to prescription only services, they aren't turning many away, and a prescription can be had by virtually anyone from a number of sources licensed to write them, sometimes from someone in the dispensary itself. "Aggressive anti glaucoma treatment"

[Drip_Torch]

No, but if the city finds a business operating without a license, they should be given a reasonable amount of time to get one. In this case, however, they were deemed illegal and wouldn't be able to obtain one. Only two were given licenses.

I don't have any specific insight or information, but I assume those businesses that applied for a business licence, and were refused, are disputing the status, as you put it "deemed illegal".

I suspect this situation will end up in the courts and the reason seems obvious to me.

12.0 REFUSAL, SUSPENSION OR CANCELLATION OF BUSINESS LICENCE
12.1 An application for Business Licence may be refused by the Licence Inspector in any specific case but:
12.1.1 the application cannot be unreasonably refused; and
12.1.2 on request, the Licence Inspector must give written reasons for the refusal.
12.2 A Business Licence may be suspended or cancelled, by the Manager or Council, for reasonable cause including, but not limited to, failure to comply with a term or condition of a Business License or failure to comply with this or any other Bylaw of the City.

http://www.penticton.ca/assets/City~Hal ... 2-5020.pdf

What remains to be seen, in my opinion, is whether those businesses will go the route of judicial public review, of the decision that refused them the licence or, if they will pursue damages through litigation?

I don't have an stake in this issue, either way, but would prefer that city resources aren't wasted, and that my pocket isn't burdened with it. My overall outlook on the situation is that I know that I feel somewhat aggrieved when I am treated in an arbitrary manner, and differently than others around me.

Surely the city has ways of checking via computer who has a business license and who does not. The power (electricity) should never have been turned on, then no hardship would be created.

I doubt there is a commercial property in Penticton that doesn't have power on at the moment. It's been kind of cold this year.

[pentona]

The power is likely on under the building owners name, and then either the billing is transferred to the new business or owner, or in many cases, they just pay the landlord.

As to prescription only services, they aren't turning many away, and a prescription can be had by virtually anyone from a number of sources licensed to write them, sometimes from someone in the dispensary itself. "Aggressive anti glaucoma treatment"

Good point but wouldn't any responsible downtown building owner, be wise to check to see if the business renting the space is first of all presently legal and that they possess a valid business license? Are they that desperate to rent to just anyone?

[maryjane48]

support jobs for candians instead of complaining

[twobits]

Good point but wouldn't any responsible downtown building owner, be wise to check to see if the business renting the space is first of all presently legal and that they possess a valid business license? Are they that desperate to rent to just anyone?

To your first question.....perhaps but not required. The rental of any commercial space is not subject to approval of City business license. To your second question......probably given the rental history of the area.

[gman313]

Excuse me if I'm a little bit out of the loop here, but aren't these "dispensaries" legally able to sell only to those holding proper prescriptions for medical marijuana ? Are there enough active prescriptions in a town of 33,000 to support four dispensaries?

technically you are correct

based in my experience walk in with ANY prescription and they will sell to you

[pentona]

To your first question.....perhaps but not required. The rental of any commercial space is not subject to approval of City business license. To your second question......probably given the rental history of the area.

Not renting the commercial space, but opening a business requires a business license, period. Isn't that why we have a building and license dept? Makes one wonder how many businesses do not have a license.