The City of Victoria once again denied an illegally-operating downtown cannabis lounge a business license.
Terp City Canna Lounge at 1412 Douglas St. originally applied for a business licence on Oct. 2, 2017, but was denied a licence on May 29, 2018 due to not operating in compliance with city bylaws.
On Nov. 22, 2018 business owner Kyle Cheyne appealed to council, but the City denied the application citing the Cannabis Related Business Regulation Bylaw which prohibits the consumption of cannabis on any business premises in Victoria.
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B次元官网网址淏ecause the ApplicantB次元官网网址檚 entire business model relates to on-site consumption of cannabis, the Licence Inspector denied the ApplicantB次元官网网址檚 cannabis-related business licence application,B次元官网网址 a report posted on this weekB次元官网网址檚 council agenda reads.
Terp City has operations open in Victoria, Salt Spring Island, Chemainus and Port Alberni that act as B次元官网网址420 friendlyB次元官网网址 spaces to allow people to consume cannabis and cannabis-related products. The businesses do not sell dry cannabis on site but do sell non-psychoactive products made from a component of cannabis known as CBD, even though a specific licence is required for any cannabis sales.
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Legal representatives for Cheyne argued that Terp City provides people relying on medical marijuana a safe space to consume cannabis when they canB次元官网网址檛 smoke in public or in their homes.
They also argued that the CityB次元官网网址檚 stance on cannabis lounges lays in direct contradiction to its approach to cannabis dispensaries and cannabis-paraphernalia shops.
B次元官网网址淲hile Council feels a certain degree of sympathy towards the argument that provision of a safe location in which medical or recreational cannabis can be consumed is beneficial, this remains contrary to the CityB次元官网网址檚 bylaws,B次元官网网址 the city report says. B次元官网网址淚n our view, the Licence Inspector had no choice but to withhold a business licence from the applicant. Similarly, we feel compelled to deny the appeal and refuse to issue a business licence for a business whose entire business model revolves around a contravention of the existing City bylaw. Therefore, the appeal is denied. B次元官网网址
The move comes after the City began an action in the BC Supreme Court in 2017 seeking an injunction to shut down Terp City, but the case is ongoing as the business cited constitutional issues.
So far the City has issued over $25,000 in fines against Terp City, which are slowly being processed.
Cannabis lounges in general are not off the table, however. On Aug. 9 Coun. Ben Isitt did put forward a motion to look into establishing a cannabis lounge in the city.
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B次元官网网址淧eople who are fortunate enough to have private land, own their homes and have outdoor spaces [around] their homes can smoke, but for people who donB次元官网网址檛 have that luxury thereB次元官网网址檚 nowhere to lawfully consume this stuff, so thereB次元官网网址檚 a disconnect,B次元官网网址 he said at the committee of the whole meeting. B次元官网网址淭housands canB次元官网网址檛 lawfully consume it in their homes, so how are they supposed to do it?B次元官网网址
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In September, City staff were directed to research cannabis lounges in other municipalities to determine the best approach, but Isitt said he envisioned a space that had a private courtyard to comply with the CRDB次元官网网址 s clean air bylaw. So far, the staff have not come back with a report on the matter.
All currently-operating cannabis dispensaries in Victoria are running illegally, while another 12 are backlogged awaiting provincial and municipal approval to operate legally.