City cheers pot ruling by Courts

[twobits]

http://www.castanet.net/news/Penticton/ ... hop-ruling

Not speaking in the favor of or against Pot Shops here, but I am puzzled as to why the City is "cheering" this court decision. IMHO, I do not think this court ruling helps them in their legal woes with the shop(s) that were denied business licenses and continued to operate. A summary of the Court decision is here.

http://www.courts.gov.bc.ca/jdb-txt/sc/ ... SC0237.htm

What is different here from what the ruling speaks to in Abbostsford is that Abbotsford never created any zoning bylaws to create areas for pot sales. They just said no to each and everyone that tried to get a business license saying it was was an illegal product and thus Federal jurisdiction. Makes sense to me. If their was no civic bylaw designating how and where pot shops could operate, they had every legal right to deny a business license. The pot shop also failed in that the business they were conducting was in the incorrect zoned commercial designation for the nature of the business.
Penticton on the other hand spoiled those reasons for defense and or enforcement by creating rules and regs for the operation of pot shops and then granted business licenses for two of them. Essentially what they did here was say it is ok to operate a pot shop here and we will issue you a business licence as long as you meet the conditions of the bylaw (location from schools, appropriately zoned commercial district, signage, blah blah blah). And then they granted only two business licences despite the fact that all of the applicants were complying or willing to comply with the rules for a business license and were located in appropriately zoned areas. There is a strong case to be made by the operators denied licenses complying with the rules just on the basis of restraint of trade by limiting people that are in compliance. Just think how wrong it is for the City to deny a license to a restaurant, or clothing store, or grocery store because they think that two is enuff for now?
Taxpayers could be on the hook for a big legal bill and legal costs to the operators just because they created a bylaw allowing pot sales when they should have gone all in permitting them subject to bylaw conditions and zoning, or all out and denying all and every applicant as well as not creating a bylaw permitting pot sales as Abbotsford did.

[Drip_Torch]

Taxpayers could be on the hook for a big legal bill and legal costs to the operators just because they created a bylaw allowing pot sales when they should have gone all in permitting them subject to bylaw conditions and zoning, or all out and denying all and every applicant as well as not creating a bylaw permitting pot sales as Abbotsford did.

It's the pick and choose aspect of it all that rubs me wrong.

When does council ever decide who gets a business licence and who doesn't? They put the conditions in place, through the zoning and business bylaws and when a business meets those conditions it gets issued a business licence.

I really don't understand what council is applauding in the abby decision? The whole thing suggests this council is off side, as far as I can see.

Sec 479 local gov act.

479      (1) A local government may, by bylaw, do one or more of the following:
(a) divide the whole or part of the municipality or regional district into zones, name each zone and establish the boundaries of the zones;
…
(c) regulate the following within a zone:
(i) the use of land, buildings and other structures:
…
(3) The power to regulate under subsection (1) includes the power to prohibit any use or uses in a zone.

Community Charter Act (s 122)
(2) If an enactment provides that a council is required or empowered to exercise a power by bylaw, that power may only be exercised by bylaw.

I don't see references to either cannabis, or marijuana in our zoning bylaw. Generally speaking, a Temporary Use Permit allows a use of land, on a temporary basis, not otherwise permitted by the Zoning Bylaw. Unlike abby, there doesn't seem to be a zoning bylaw issue in play here.

I just hope the horse catches back up to the cart before the whole thing becomes a burden.

[madmudder]

This is just one of the stupid decisions made by this mayor and council. Legal fees last year were over 700,000.00 for stupid decisions. They just raise property taxes to cover the blunders. Next election can't come soon enough.

[Anonymous123]

This is just one of the stupid decisions made by this mayor and council. Legal fees last year were over 700,000.00 for stupid decisions. They just raise property taxes to cover the blunders. Next election can't come soon enough.

There's always the recall process.

[Tony]

It's the pick and choose aspect of it all that rubs me wrong.

When does council ever decide who gets a business licence and who doesn't? They put the conditions in place, through the zoning and business bylaws and when a business meets those conditions it gets issued a business licence.

Uhmmmm... always? Council always dictates who gets a license. How fair is it to legitimate businesses who cross their t's and dot their i's to get a license to have a random business open up and say "I don't need a license?"

ALL businesses in any municipality, city, town or district need to have a business license, and if you can't get one because your business is deemed illegal - and selling pot is still illegal in Canada, then you don't get to open up a shop. If that's the case I should open a fentanyl free crack shop - same difference.

[pentona]

Uhmmmm... always? Council always dictates who gets a license. How fair is it to legitimate businesses who cross their t's and dot their i's to get a license to have a random business open up and say "I don't need a license?"

ALL businesses in any municipality, city, town or district need to have a business license, and if you can't get one because your business is deemed illegal - and selling pot is still illegal in Canada, then you don't get to open up a shop. If that's the case I should open a fentanyl free crack shop - same difference.

Very good points, Tony. It seems that our council has looked the other way in allowing pot shops (even a couple of them) to open, because they believe that the product will soon be legalized. Well, until it is legal, its still Illegal at present. You are correct re Fentanyl free crack shop; it is the same difference. Both illegal under present law.

As you have likely seen, our present city council isn't too sharp in the brains department.

[Daspoot]

that's quite the perversion of a Tony's good point by pentona.

This isn't a Penticton problem, it has commonalities throughout BC right now with most Cities and Municipalities dealing with similar issues in one way or another.

To suggest this is unique to Penticton or the current Council there-of is just a pushing your personal agenda.

[southy]

that's quite the perversion of a Tony's good point by pentona.

This isn't a Penticton problem, it has commonalities throughout BC right now with most Cities and Municipalities dealing with similar issues in one way or another.

To suggest this is unique to Penticton or the current Council there-of is just a pushing your personal agenda.

Actually I have to agree with Petona. This situation is unique to Penticton. If you look around Dazzy you will see that other communities are dealing with this issue totally differently. Check and see what Nelson is doing. Damn right this is a current council issue and no it is no way Petona's personal agenda.

[pentona]

that's quite the perversion of a Tony's good point by pentona.

This isn't a Penticton problem, it has commonalities throughout BC right now with most Cities and Municipalities dealing with similar issues in one way or another.

To suggest this is unique to Penticton or the current Council there-of is just a pushing your personal agenda.

The article in discussion was about Penticton. I have no personal agenda with current council; just don't care for how they are handling this. What is unique is how Penticton is dealing with the situation vs other communities in Canada.

If Penticton council had an guts, they would ensure that the daily $500 fines are collected. Would sure help to pay down our debt.

[Daspoot]

that's quite the perversion of a Tony's good point by pentona.

This isn't a Penticton problem, it has commonalities throughout BC right now with most Cities and Municipalities dealing with similar issues in one way or another.

To suggest this is unique to Penticton or the current Council there-of is just a pushing your personal agenda.

Actually I have to agree with Petona. This situation is unique to Penticton. If you look around Dazzy you will see that other communities are dealing with this issue totally differently. Check and see what Nelson is doing. Damn right this is a current council issue and no it is no way Petona's personal agenda.

Thank you for your well thought out counterpoint defended with logic and reason, points and information.

Actually scratch that smouthy, you basically posted an opinion with no basis, but thanks for trying.

[southy]

Anytime Dazzy - you're the man!! You may also want to check out Unlicensed Pot Shops thread for more information.

[Drip_Torch]

Uhmmmm... always? Council always dictates who gets a license. How fair is it to legitimate businesses who cross their t's and dot their i's to get a license to have a random business open up and say "I don't need a license?".

Oh, I stand corrected, just for giggles and say that explains the current state of main street. lol... I think your reading city hall where I clearly wrote "council". When have I ever suggested that it's okay to open a business without a license?

[Daspoot]

that's quite the perversion of a Tony's good point by pentona.

This isn't a Penticton problem, it has commonalities throughout BC right now with most Cities and Municipalities dealing with similar issues in one way or another.

To suggest this is unique to Penticton or the current Council there-of is just a pushing your personal agenda.

The article in discussion was about Penticton. I have no personal agenda with current council; just don't care for how they are handling this. What is unique is how Penticton is dealing with the situation vs other communities in Canada.

If Penticton council had an guts, they would ensure that the daily $500 fines are collected. Would sure help to pay down our debt.

Unfortunately collecting fines is pretty tough, collection in general is a tricky business, ask many people who have been awarded money in small claims court or the like. In fact collection, particularly from an Incorporation can be very tricky, there are long lists of bankrupted businesses opening with one letter changed in the name and continuing on leaving a long line of entities owed money.

I think perhaps this is why Penticton's council is happy to see precedents set which may help them legally down the road, because fines only work if they get paid.

There are a dozen or so on this forum that twist everything to their anti-council, and BANANA/NIMBY agenda, if i mistook you for one of them, I apologize.

Almost every City or Municipality is currently trying to figure out what can and can't be done in regards to Pot Shops. Slouthy citing Nelson as an equal example is laughable as Nelson is about as Pot Friendly of town as they come. look at other Okanagan areas and what is going on and you'll see trying to figure out how to control shops selling pot is a issue almost everywhere.

http://www.cbc.ca/news/canada/british-columbia/west-kelowna-marijuana-bylaw-1.3984015
http://www.osoyoostimes.com/28095-2/
http://www.cbc.ca/news/canada/british-columbia/vernon-pot-shop-sales-1.3356099
http://www.castanet.net/news/Kelowna/139522/Don-t-dispense-weed-here
http://globalnews.ca/news/2861848/two-more-pot-shops-pop-up-in-kelowna/
http://oliverdailynews.com/town-knee-deep-in-grey-world-of-medical-marijuana/
http://www.castanet.net/news/Penticton/168839/Pot-dispensary-put-out

Anybody saying Penticton Council is in any way unique in trying to control Pot shops is out to lunch 100% and in all likelihood plying thier own biased anti-Pent. Council agenda everywhere they can think they'll get an audience. No Council has all the answers right now, shops are basically operating beside the law.

There may be some legitimate Council concerns, but this isn't one of them.

[Daspoot]

Anytime Dazzy - you're the man!! You may also want to check out Unlicensed Pot Shops thread for more information.

thanks bud, you may want to check outside your agenda bubble for the problems pretty much every city/municipality is dealing with on what and how to control pot shops. I don't think Penticton council is to blame for the entire province, except in your mind.

[Daspoot]

Uhmmmm... always? Council always dictates who gets a license. How fair is it to legitimate businesses who cross their t's and dot their i's to get a license to have a random business open up and say "I don't need a license?".

Oh, I stand corrected, just for giggles and say that explains the current state of main street. lol... I think your reading city hall where I clearly wrote "council". When have I ever suggested that it's okay to open a business without a license?

The best comparison I can think of is a bar serving minors or a regular basis, and the city trying to deal with that. What do they do if the Bar owners simply refuse to stop? Fine them. Cancel their License, and the bar keeps on doing it? Throw in a Federal Government who says they may or may not change the booze laws to where this may no longer be a problem.

I know it's not a perfect analogy, but there isn't one right now, that's why it's all so crazy.