City cheers pot ruling by Courts

[Daspoot]

I don't think there is any schooling available for THC and CBD's, I don't think anyone can deny they both have their places in various treatments, even if it is the side effect of munchies for people who are undergoing treatment where nausia and appetite loss are side effects.

CBD's have been downright miraculous for a few frequent seizure sufferers.

Up until now there hasn't been much in the way of actual medical studies because it's ranged from extremely hard to legally research, to downright illegal.

There is scientific study into the phenomenon that if you think it helps, it actually does help.

[twobits]

And, here's where I subtlety disagree with both of you.

No need to be subtle Drip. Bottom line is the City with their effort, has created nothing for the Mayor to cheer about and are still subject to some expensive litigation.

[twobits]

You're right twobits - if you're a sole proprietor. A sole proprietorship operates under your name. It plainly states that if you are operating under a business name, you have to register the name. Since all these shops in question in this thread (I'm not talking about someone who makes widgets and sells them out of their garage, I'm talking about a business downtown that operates under a business name), then the name has to be registered. You have to get a Business Number so you can remit both your PST and GST. That's where I was going with this. Not one of these pot stores are operating out of somebody's garage..... well... there are lots of them as well, but they don't register.

Sorry Tony, but you are still only part way there in understanding. Conducting business under a business name only requires a DBA (doing business as) declaration. That DBA declaration does not require you to obtain a GST or PST tax number until you meet the minimum required income threshold. Thousands upon thousands of small businesses operate under a DBA and income is reported on their personal income tax and not a separate business filing. You could operate "Tony's buggy whip repair service", have a bank acct number with a DBA on it so you could deposit cheques made out to the business name, and still just report the income on your personal taxes.

[Drip_Torch]

In part, yes, although I use much different words to describe their actions and agenda.

Truth be told, I suck at politics. Given my life experiences, I’m simply no good at telling people what they want to hear. That in part, is due to the fact that often in my life the stakes have simply been too high, and I haven’t been interested in witnessing the consequences. I play for keeps, but endeavour to be reasonable, play fair, and in all the roles I’ve ever played, I have been responsible for my own stunts.

Being a “probationary pentictonite” allows me to look at things outside of the personalities involved and with no preconceived notions regarding agendas and quirks. In a nutshell, I can agree with a broken clock twice a day, without any concern for the fact the clock is broken.

Orbiting the peripheries of some of these so called NIMBY/BANANA movements has given me a different outlook than you. I see people that have been involved in creating the Penticton that I decided to move to. And, I’m meeting them at a stage in their lives when one could easily think; why would they care what Penticton is 20 to 30 years from now. To be honest with you, I don’t think it’s quite as easy to be a contrarian in a small town, as you seem to think it is.

And Penticton halting approval of more shops until they/other regulating bodies get a few ducks in a row is a problem how?

First, I had to watch all the proceedings that took place at cityhall around the dispensaries, not out of interest, but for something else that I was working on. Honestly, before cityhall undertook the process I couldn’t have cared less, either way. Watching, reading and being aware of those proceeding actually managed to open my eyes to an element that I had never really considered. So the “I appreciate councils openness to find a solution that fits Penticton” – isn’t just lip service.

Unfortunately, the problem, as I see it, is that we’re all now sharing in some of the risk associated with the distribution of MJ and I’m witnessing what I could only describe as arbitrary decision making – executed on my, your, our behalf. That, could very well come back and bite us and I really don’t think that’s fair either.

How on earth is Selling pot anything but a grey area right now?

It’s a federal grey area. IMHO, adding a local coat of grey paint doesn’t help things. Necessity does drive innovation, and some of our society’s biggest strides forward have been in reaction to some very remarkable failures. A failure is always initially viewed as bad thing, but really, if you’re willing to look a most failures, legitimize them honestly – you’ll quickly realize we need failures, big failures, notable failures, fall flat on your face failures – it’s about the only thing that really drives us towards those elusive big successes.

Come-on, you're better than that. You have a lot of well reasoned and presented points and arguments, If I retract the NIMBY/BANANA comment does that make it more palatable?

Perhaps. I might of tempered my comment a little more, but really, I do feel that it’s a fair comment and it’s been sitting on the tip of my tongue for a while now. It’s a systems thing for me. Sure, we can keep finding creative work-arounds, but I'd rather see a patch, or new system. I call it the windows 98 experience.

Or do you think they should just summarily approve anyone who wants to open a pot shop right now?

I think having council play the role of deciders, with regards to who gets to sell pot in Penticton is bad optics, somewhat unfair and has the potential to be a liability that we all share in. The system, as I see it, leaves council with two choices, maybe three, if they are willing to change the zoning bylaw.

[Daspoot]

Speaking of part way understanding Twobits:

http://www.bcbusinessregistry.ca/BRfaqs.htm

How do I register a "Doing Business As" name?

Registering a "Doing Business As" name allows you to legally operate your business under a new or additional name. This business structure is known as a Sole Proprietorship or General Partnership.

There are two steps to register a "doing business as" name. The first step is to have the business name approved. Visit Names Request Online to reserve your name. Once you have received your name approval and NR number, and have met any and all conditions required on the Name Approval form, the second step is to instantly register your proprietorship or partnership online on the OneStop Business Registry website.

[Daspoot]

Drip Torch, Great post! I don't agree with everything, but presented like that I respect it a great deal.

...and I'd still be running Windows 98 if I could, it did everything I needed it too without all the bloat that requires a newer, much more powerful computer

Penticton is a tough crowd, a retirement community that relies on Tourism for a good chunk of the year. The two don't mix well. Much of the recent problems stem from the retirement set not wanting tourism further accommodated unless it's quiet and doesn't make any sudden movements. The retirement set also doesn't want a lot of young families with noisy kids and barking dogs ruining nap-time. To the tune of several communities being at risk for losing schools due to reduced enrollment. Property prices don't help young families move here, coupled with very low vacancy rates and very expensive rental prices.

We need to make the valley fun again to maintain what we have, let alone grow. retirement growth doesn't bring in the same money as youth and families who hemmorage money as they grow.

...but I digress. Penticton council has pi$$ed off the Retirement demographic. I generally see that as a good thing but can appreciate them trying to make both sides happy can also be viewed as making both sides unhappy.

Glass half full....

[Tony]

Sorry Tony, but you are still only part way there in understanding. Conducting business under a business name only requires a DBA (doing business as) declaration. That DBA declaration does not require you to obtain a GST or PST tax number until you meet the minimum required income threshold. Thousands upon thousands of small businesses operate under a DBA and income is reported on their personal income tax and not a separate business filing. You could operate "Tony's buggy whip repair service", have a bank acct number with a DBA on it so you could deposit cheques made out to the business name, and still just report the income on your personal taxes.

The other aspect, in relationship to this thread, not my buggy whip repair business, which is slow for some reason, is that you are wide open to liability unless you are a Limited entity. When selling products like pot you open yourself up to all sorts of potential legal issues, much like bar owners can be liable is somebody overconsumes and then crashes their car, I would imagine the same logic (scary I know) would apply to the pot stores. Since that could cost millions, why would you open yourself up to that liability? It's one of the main reasons businesses get limited status. That and the tax man, and these stores all claim that they can make boat loads of money, so they will be over the threshold of $30,000 so they need to be registered. I am being specific to this thread and these stores twobits, not general business practice.

[Daspoot]

Being a relatively new limited company also makes it easier to fold tent and walk away if, for instance, you got many thousands of dollars in fines for operating with a business license, it's not a complete disconnect from personal liability, but definitely provides some insulation.

That may also play a role in Council's applauding of Court rulings which may set precedents and give them a little more tooth in potential legal battles or other avenues for shutting down businesses that open without a license.

[twobits]

Speaking of part way understanding Twobits:

http://www.bcbusinessregistry.ca/BRfaqs.htm

How do I register a "Doing Business As" name?

Registering a "Doing Business As" name allows you to legally operate your business under a new or additional name. This business structure is known as a Sole Proprietorship or General Partnership.

There are two steps to register a "doing business as" name. The first step is to have the business name approved. Visit Names Request Online to reserve your name. Once you have received your name approval and NR number, and have met any and all conditions required on the Name Approval form, the second step is to instantly register your proprietorship or partnership online on the OneStop Business Registry website.

Nice try Drip but the "register" of DBA still does not make it mandatory to register to collect GST, HST, or PST as Tony seemed to believe all named businesses were required to.
"Tony's buggy whip repairs" (DBA) will never be required to register for a GST number until the business surpasses the min income limit for reporting. You just have to declare what name you are operating under....personal or a DBA. It is income earned that determines when registration for a tax number is mandatory.
Instead of just trying to prove me wrong, google "when must I register to collect GST"

[maryjane48]

i think of it as small company opportunaties for canadians that walmart cant drive out lol . good local will always be in demand . hell the rcmp could sell cop skunk so good you feel like you did week in jail

[Drip_Torch]

Nice try Drip but the "register" of DBA still does not make it mandatory to register to collect GST, HST, or PST as Tony seemed to believe all named businesses were required to.
"Tony's buggy whip repairs" (DBA) will never be required to register for a GST number until the business surpasses the min income limit for reporting. You just have to declare what name you are operating under....personal or a DBA. It is income earned that determines when registration for a tax number is mandatory.
Instead of just trying to prove me wrong, google "when must I register to collect GST"

Oh great! Now look what you've gone and done Daspoot. I'm going to end up being stuck on probation, in a place to stay forever. (shaking my head.)

[Tony]

Speaking of part way understanding Twobits:

http://www.bcbusinessregistry.ca/BRfaqs.htm

Nice try Drip but the "register" of DBA still does not make it mandatory to register to collect GST, HST, or PST as Tony seemed to believe all named businesses were required to.
"Tony's buggy whip repairs" (DBA) will never be required to register for a GST number until the business surpasses the min income limit for reporting. You just have to declare what name you are operating under....personal or a DBA. It is income earned that determines when registration for a tax number is mandatory.
Instead of just trying to prove me wrong, google "when must I register to collect GST"

That's not what I said. IF you are a registered business, then you have a Business number, which you use to submit your PST and GST. IF you are an individual ie: my buggy whip repair, and working as an DBA, then you only declare your income on your personal income tax. IF you are in a business, such as selling pot, shoes, cars or whatever, and you are going to be making over $30k a year, then you HAVE to register and submit taxes. My statement was, that there is a lot of buzz about how much money these stores make, that they will be making over $30k, and therefore MUST be registered. I wasn't talking about anything else other than the pot shops, which this thread is about.

[Daspoot]

Nice try Drip but the "register" of DBA still does not make it mandatory to register to collect GST, HST, or PST as Tony seemed to believe all named businesses were required to.
"Tony's buggy whip repairs" (DBA) will never be required to register for a GST number until the business surpasses the min income limit for reporting. You just have to declare what name you are operating under....personal or a DBA. It is income earned that determines when registration for a tax number is mandatory.
Instead of just trying to prove me wrong, google "when must I register to collect GST"

Oh great! Now look what you've gone and done Daspoot. I'm going to end up being stuck on probation, in a place to stay forever. (shaking my head.)

yeah, I was going to correct him on who he was replying to and what he was arguing, but decided it wasn't worth it and just deleted what I typed without posting it

Self-moderating if you will....

[Anonymous123]

i think of it as small company opportunaties for canadians that walmart cant drive out lol . good local will always be in demand . hell the rcmp could sell cop skunk so good you feel like you did week in jail

These shops will only last until legalization comes into effect. Nobody in their right mind will pay for something you will be allowed to grow for free. In the meantime, they are illegal until legislation comes into effect, business license or not.

[Daspoot]

People have always paid for what you can grow for free, I don't see legalization changing that too much, most people don't possess the place or drive to grow their own. people that really want to grow their own have always been able to do it illegally, or in the last several years, with a fairly easy to obtain license.