BANFF - Banff politicians are looking to control the number of cannabis retailers in Canada's premiere tourist town through land use planning rather than setting a hard limit.
BANFF - Banff politicians are looking to control the number of cannabis retailers in Canada's premiere tourist town through land use planning rather than setting a hard limit.
Unlike some of its main tourism competitors such as Vail, Colorado, which doesn't allow pot retail stores, historically Banff has taken a free market approach to businesses by putting very few restrictions on specific types of businesses, such as chain stores.
Council is looking at allowing cannabis retail as standalone stores in the commercial downtown land use district only. It is also looking at rules that go beyond provincial legislation, including a separation distance between stores.
"I think we need to give businesses the opportunity to participate in a retail business that's going to be legal in our country," said Mayor Karen Sorensen, noting that 69 per cent of people who responded to a survey support having cannabis retailers in Banff.
"I think we're limiting the number of cannabis stores that are going to be finding their way into Banff regardless of actually putting a number on it."
Council, acting as the governance and finance committee, recently made recommendations for administration to bring proposals to council in the form of land use bylaw amendments, which will require a public hearing and Parks Canada approval.
They recommend a 100-metre separation between cannabis stores and a daycare or child play area, which goes beyond the provincial legislation of a 100-metre separation between pot retail stores and a property containing a school or health care facility.
In addition, Banff is looking at a 100-metre separation distance between cannabis retailers. Storefront cannabis stores also look to be prohibited within a location where street facing windows front onto a pedestrian sidewalk or public right-of-way.
An unsuccessful attempt to ban cannabis retail stores in Banff outright generated much debate. Councillors Ted Christensen and Peter Poole supported this move. Coun. Chip Olver indicated she might support this at a later date.
"We don't want presumably to give that message to the general public that we're a pot destination," said Christensen, who put forward the motion to ban retail stores in Banff.
"It's not restricting the availability of the product, it's available online. It's sending a consistent clear message that this is not a pot holiday town."
Coun. Peter Poole said he has turned down three requests for cannabis retail outlets in his commercial spaces in town, noting that wasn't because he disagrees with cannabis retail, but because he doesn't trust the supply chain.
"I think we can sell retail cannabis. We've already got two really great outlets and that's the post office and the courier services," he said. "There will be retail cannabis, it just might not be storefront."
Coun. Grant Canning voiced strong opposition to any limits or banning cannabis retail stores, noting he had strong concerns about driving pot underground again, which goes against the concept of legalizing it.
"Secondly, that is such a tremendous intervention in the private sector and that's not a road I'm prepared to go down," he said. "Whether you like cannabis or don't like cannabis, that's akin to saying we're not going to sell alcohol in Banff."
Councillor Corrie DiManno agreed.
"I'm happy to treat this consistent with alcohol. You can go to the store to buy it and consume it in private," she said.
"I think it's fair to let retailers have their shot. It looks like we will have potentially criteria in place that will give us some control as to where they will be."
Mark Jones, a cannabis retail entrepreneur, spoke to concerns that cannabis dispensary licensees are facing, noting the required and proposed distances from school and health care facilities limits the availability of possible retail locations in Banff.
He said he supports provincial legislation to regulate the sale and retail of cannabis, but asked council to consider allowing for cannabis retail inside malls and hotels even if they are within restricted commercial areas.
Jones said there are very limiting factors when it comes to commercial retail locations in Banff.
"Adding to that there are few to no landlords located potentially in these areas that seem open to allowing a cannabis dispensary in their building," he said.
"I understand there are, however, some landlords that are open to allowing a dispensary in their building, but some of them fall into non-permitted areas."
In U.S. states where retail cannabis sales have been made legal, and in Canadian municipalities that have either allowed cannabis dispensaries or have drafted legislation ahead of legalization, the approach to the location of retail outlets is varied.
The range varies from not allowing cannabis retail stores (Vail), to only allowing cannabis retail stores in the industrial zones (Breckenridge, Colorado), to allowing cannabis retail stores anywhere general retail is allowed (Squamish, B.C).
Municipalities are contemplating if limits to the total number of retailers should be imposed to reduce the impacts a proliferation of pot stores - the so-called Green Mile - could have on the diversity of business or experience for shoppers.
Some municipalities have done this by placing a limit on the total number of cannabis retail stores allowed. Nelson, B.C. has limited the number of pot stores to six in total.
Other municipalities have used spatial separation between cannabis retail stores or a reduction in the total number of establishments allowed in a commercial area as a limiting factor to ensure that clustering of businesses does not occur.
Dave Michaels, a planner with the Town of Banff, said there does not seem to be a consistent approach in places where cannabis retail is allowed.
"However, a number of municipalities in Alberta have indicated that they intend to permit cannabis sales in districts where other types of retail are allowed," he said.
"Those that have a separate definition for liquor stores are allowing cannabis retail sales in the same areas as liquor stores, such as Calgary and Canmore."
Michaels said separation distances between cannabis businesses can limit the number of retailers possible in an area, as well as prevent potential clustering of businesses as new operators come into the market, possibly all at the same time.
He said a 100-metre distance between cannabis retail outlets, for example, would limit the number of potential locations in the downtown district to about six.
"However, other location specific requirements, combined with the availability of vacant space, would likely reduce this further," he said.
Coun. Chip Olver unsuccessfully tried to limit the number of storefront pot retail stores in Banff to three, getting support only from Poole.
She said she is following the advice of Alberta Health Services to begin cautiously and conservatively.
"It is not unheard of for the Town of Banff to have limits. We have limits on bed and breakfasts and we have a commercial square footage limit," she said.
"I am in favour of starting from a conservative position and reviewing and revising as we go forward. I don't want to get us into a situation where we have regrets."
Since the Alberta Gaming and Liquor Commission (AGLC) started receiving applications for cannabis retailers on March 6 this year, more than 500 applications have been received.
Michaels said the Town of Banff has had at least three to five inquiries per week since the start of the year.
"We have been getting a lot of inquiries," he said. "In turn, we believe there will be a lot of retailers coming on line at the same time."
