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HomeMy WebLinkAboutBy-law No. 2019-013 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-013 BEING A BY-LAW TO ADOPT THE MUNICIPALITY OF BAYHAM PRIVATE RECREATIONAL CANNABIS RETAIL STOREFRONT POLICY STATEMENT WHEREAS the Council of The Corporation of the Municipality of Bayham recognizes the need for a clear and concise Private Recreational Cannabis Retail Storefront Policy Statement to be utilized by staff during the AGCO 15-day Private Recreational Cannabis Storefront Store Location review period; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the Municipality of Bayham Private Recreational Cannabis Retail Storefront Policy Statement be confirmed and adopted by By-law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT effective upon passage the Municipality of Bayham Private Recreational Cannabis Retail Storefront Policy Statement attached hereto as Schedule "A" and forming part of this by-law is hereby adopted; 2. AND THAT this by-law shall come into force and take effect on the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF FEBRUARY, 2019. MAYOR /! -vAYH4 GG 4. 7 Apo "'tun Is��� Municipality of Bayham Private Recreational Cannabis Retail Storefront Policy Statement SECTION 1 -OVERVIEW 1.1 The Municipality of Bayham Private Recreational Cannabis Retail Storefront Policy Statement informs input to the Alcohol and Gaming Commission of Ontario (AGCO), as well as assists prospective cannabis retailers in their consideration of cannabis retail store locations in the Municipality of Bayham. 1.2 It is recognized the AGCO is the provincial authority responsible for licensing cannabis retail operators, authorizing cannabis retail locations and licensing senior store staff. Municipal governments have no licensing authority. 1.3 The AGCO regulates and reviews all aspects of cannabis retail operations including municipal and public input and that the proposed cannabis retail store location is consistent with the public interest as defined in Ontario Regulation 468/18. 1.4 The Municipality of Bayham permits retail sales of recreational cannabis within commercial zones in the Municipality of Bayham where a retail store is a permitted use. SECTION 2 -PRINCIPLES FOR CANNABIS RETAIL STORE LOCATIONS 2.1 For the purposes of the Municipality of Bayham Private Recreational Cannabis Retail Storefront Policy Statement, a cannabis retail store shall mean a retail store licensed or under application to be licensed by the AGCO. 2.2 Land Use Planning: The provincial cannabis retail licensing process does not remove the requirement to comply with the Municipality of Bayham Zoning By-law and all other municipal planning documents and regulations related to retail stores. The definitions, policies and regulations in the Municipality's Official Plan and Zoning By- law are applicable to all retail stores, including cannabis retail stores. 2.3 Municipal Building Inspections: The Ontario Building Code applies to cannabis retail store locations. Therefore, where a building permit is required, applications together with appropriate fees shall be submitted to the Municipality of Bayham Building Department. The Chief Building Official will undertake duties as required by the Ontario Building Code. Ontario Fire Code compliance is mandatory. SECTION 3 -CANNABIS RETAIL STORES AND SENSITIVE ACTIVITIES 3.1 The goal of the Municipality of Bayham Private Recreational Cannabis Retail Storefront Policy Statement, pertaining to matters of public interest, is to help to: i. protect public health and safety; ii. protect youth and restrict their access to cannabis; iii. prevent illicit activities in relation to cannabis. 3.2 Retail cannabis stores are discouraged where: i. nearby properties are designed and\or operated to serve youth or at risk populations; ii. the potential for illegal sales exist; or iii. an individual or community health risk exists. 3.3 Pursuant to Ontario Regulation 468/18 the distance between the lot lines of a proposed cannabis retail store and a School or Private School shall not be less than 150 metres. SECTION 4-COMMENT PREPARATION & SUBMISSION 4.1 Municipal staff, when preparing comments in response to a Public Notice issued by the AGCO pursuant to the Cannabis Licence Act shall have regard for: i. ensuring the Municipality of Bayham Zoning By-law permits a retail use as a permitted use and whether the zone provisions and regulations of the zone can be satisfied; ii. the considerations outlined in Section 3.2 of the Municipality of Bayham Private Recreational Cannabis Retail Storefront Policy Statement. iii. the separation distance listed in Section 3.3 of the Municipality of Bayham Private Recreational Cannabis Retail Storefront Policy Statement. 4.2 The Planning CoordinatorlDeputy Clerk or designate is delegated the authority and responsibility to submit comments, pursuant to Section 4.1 of the Municipality of Bayham Private Recreational Cannabis Retail Storefront Policy Statement, to the AGCO on behalf of the Corporation of the Municipality of Bayham in accordance with the regulatory response time outlined within the Cannabis Licence Act.