Town council took a major step Tuesday towards establishing conditions under which recreational cannabis outlets can operate in Osoyoos once marijuana is legalized.

Council gave the first two readings to a zoning bylaw that will allow such businesses to operate in C1, C2 and C3 commercial zones on a site-specific basis.

Only Councillor Mike Campol voted against this. Although he supports retail sales of cannabis, in the past he has argued against site-specific zoning.

Site specific zoning requires each proposal for a retail outlet to go before council and a public hearing before it is given the necessary zoning approval.

Non-cannabis businesses that meet the requirements for the zone they wish to locate in don’t require this process.

Council also set the date for a public hearing on the bylaw as Monday, Oct. 1 at 7 p.m. upstairs at the Sonora Community Centre.

Previously council decided that only private retail outlets will be allowed to operate in Osoyoos and government-run stores will be prohibited.

Different provinces allow different mixes of public or private outlets and B.C. allows both public and private outlets, subject to municipal approval.

Separately, council also adopted a policy outlining the factors that will be considered when site-specific zoning is assessed.

These include consideration of:

  • Proximity to Osoyoos Elementary School;
  • Proximity to daycare facilities and other sites frequented by children;
  • Proximity to residential uses, for example whether the outlet will increase traffic and noise;
  • Site access and egress to accommodate traffic flow, which will also require approval from the Ministry of Transportation and Infrastructure;
  • Provision of on-site parking;
  • Visibility from tourist routes;
  • Special site considerations, such as whether a site provides an area to sample products without contravening the good neighbour bylaw.
  • On the latter point, administration clarified that nothing in this policy would actually give approval to on-site sampling of product.

Cannabis will be legalized across Canada for recreational use effective Oct. 17, but each province and territory is establishing different laws on retail sales and consumption and other matters under their jurisdiction.

In B.C., the minimum age to purchase recreational cannabis will be 19.

The wholesale distribution of federally licensed product will be operated by the B.C. Liquor and Cannabis Regulation Branch (LCRB).

While provincially both public and private retail stores can operate, only the province can sell online.

Licensing, compliance and enforcement will be done by the LCRB.

Municipal governments are permitted to establish their own conditions for operating hours, additional security requirements, prohibiting retail sales, capping the number of stores and specifying zoning requirements.

A report from Gina MacKay, director of planning and development, says the provincial licensing process can be coupled with the site-specific zoning provision for a one-step process to consider an application to sell in town.

“Specifically, comments received through the rezoning process will be provided to the province for consideration during the provincial licensing process,” she wrote. “In addition, council can request that an applicant provide the information required by the province to the town during the rezoning process.

The town has made clear in the past that it is under no obligation to start allowing cannabis sales in Osoyoos on Oct. 17, the legalization date, if it is not yet ready.

At the Oct. 1 public hearing, those with comments will only be able to speak to the proposed bylaw. They will not be permitted to debate other separate issues surrounding cannabis legalization.

RICHARD McGUIRE

Osoyoos Times