October 16, 2017 - Minutes

Date:

Monday, October 16, 2017

Place:

Anderson Room
Richmond City Hall

Present:

Mayor Malcolm D. Brodie, Chair
Councillor Chak Au
Councillor Derek Dang
Councillor Carol Day
Councillor Alexa Loo
Councillor Bill McNulty
Councillor Linda McPhail

Absent:

Councillor Harold Steves
Councillor Ken Johnston

Call to Order:

The Chair called the meeting to order at 4:03 p.m.

MINUTES

It was moved and seconded

That the minutes of the meeting of the General Purposes Committee held on October 2, 2017, be adopted as circulated.

CARRIED

COMMUNITY SAFETY DIVISION

1.

Application to amend food-primary liquor licence-relocation of cactus club to 1666-6551 no. 3 rd
(File Ref. No. 12-8275-30-001) (REDMS No. 5551408 v. 2)

Carli Edwards, Acting Senior Manager, Community Safety Policy & Programs and Licencing, introduced Douglas Liu, Manager, Business and Operational Analysis, who will be overseeing future liquor licence applications.

In response to a question from Committee, Ms. Edwards stated that information on operating hours for other businesses with a food-primary liquor licence in the mall can be provided to Council prior to their next meeting.  

It was moved and seconded

(1)

That the application from Cactus Club Cafe 2900 Ltd., operating as Cactus Club Cafe, for the relocation amendment to their Food Primary Liquor Licence No. 148636 from location at 5500 No. 3 Road with hours of liquor service from 9:00 a.m. to next day 1:30 a.m., Monday to Saturday and from 9:00 a.m. to midnight, Sunday; to location at 1666 – 6551 No. 3 Road with the same hours of liquor service, be supported;

(2)

That a letter be sent to the Liquor Control and Licensing Branch advising that:

(a)

Council supports the relocation amendment of the application and the hours of liquor service;

(b)

The total person capacity at 223 persons indoor and 76 persons for the outdoor patio is acknowledged;

(c)

Council’s comments on the prescribed criteria (section 71 of the Liquor Control and Licensing Regulations) are as follows:

(i)

The impact of noise and traffic in the vicinity of the establishment was considered;  

(ii)

The general impact on the community was assessed through a community consultation process; and

(iii)

Given that there has been no history of non-compliance, this amendment will likely not result in the establishment being operated in a manner that is contrary to its primary purpose;

(d)

As the operation of a licenced establishment may affect nearby residents, business and property owners, the general impact assessment was conducted through the City’s community consultation process as follows:

(i)

Residents, businesses and property owners within a 50 meter radius of the establishment were notified by letter.  The letter provided information on the application with instructions on how to submit comments or concerns; and

(ii)

Signage was posted at the establishment and three public notices were published in a local newspaper. The signage and public notice provided information on the application with instructions on how to submit comments or concerns;

(c)

Council’s comments on the general impact of the views of residents, businesses and property owners as follows:

(i)

The community consultation process was completed within 90 days of the application process;

(ii)

The comments and views of residents, businesses and property owners received through the community consultation process were assessed; and

(iii)

The concerns of residents, businesses and property owners received through the community consultation process could be mitigated by existing Bylaws; and

(d)

Council recommends the approval of the licence for the reasons that the relocation amendment is acceptable to the majority of the residents and businesses in the area and the community.

CARRIED

2.

City of Richmond submission regarding cannabis legalization and regulation in bc
(File Ref. No. 12-8000-01) (REDMS No. 5594044 v. 7)

Carli Edwards, Acting Senior Manager, Community Safety Policy & Programs and Licencing, led a discussion with Committee in regards to the items detailed on Table 1 and highlighted the following points:

the staff report was put together with the intent of garnering Council’s position on the items brought forward from the Province and is presented with the concurrence of other departments;

federal legislation is intended to be passed by July 1, 2018 which sets certain parameters on regulation but allows each province to amend particular portions;

the minimum legal age for growth and possession of cannabis has been set at 18 by the Federal Government with the authority given to the provinces to raise that limit, and staff has recommended 19; 

although it is not listed on the survey, staff recommend that the personal possession limit for youth be set at 0 grams;

staff recommend that the City strongly agree with all questions posed under the Drug Impaired Driving section of the survey;

under personal cultivation, the Province could enable municipalities to set further regulations;

staff recommend government distribution as the distribution model from the three options up for debate in order to best control flow and cataloguing; and

staff recommend a mix of both private and government retail, similar to liquor, and to remain neutral on supporting non-medial cannabis sales in liquor stores.

Committee noted a strong opposition to the legalization of non-medical use of cannabis and discussion took place in regards to (i) the minimum age for cultivation and possession, (ii) land use and zoning for non-medical uses, (iii) lower tolerance for drug impairment for fully licenced drivers (outside of the graduated licensing program), (iv) control and authority over regulation for municipalities, (v) the potential growth of cannabis in community gardens, and (vi) that retail be restricted to government and not private stores.  

It was noted that staff should provide Council with a draft of the letter to the Province prior to the next Council meeting.

As a result of the discussion, the following motion was introduced:

It was moved and seconded

WHEREAS it is important to the City of Richmond to protect the quality of life of its residents and to enact measures to afford such protection, therefore be it RESOLVED:

That the comments summarized in the staff report titled, “City of Richmond Submission Regarding Cannabis Legislation and Regulation in BC” and detailed in Table 1, be approved for submission to the Province of British Columbia with the following additions:

(1)

that the minimum age to buy, grow, and possess cannabis be 19; 

(2)

that a copy of the staff report titled, “City of Richmond Submission Regarding Cannabis Legalisation and Regulation in BC” be submitted to the Province along with a letter detailing the following points of clarification:

(a)

the City of Richmond strongly opposes the legalization of non-medical use of cannabis;

(b)

that municipalities continue to maintain authority over regulation of land use and zoning as it pertains to cannabis-related land uses;

(c)

the limit for youth personal possession (under age 19) should be 0 grams;

(d)

Provincial regulations should be a minimum and municipalities should be able to impose stricter regulations;

(e)

regulations for farm land should be provided;

(f)

municipalities should be given a share of the federal and provincial revenues to offset extra costs;

(g)

there has been insufficient time given to respond to the Province’s request for feedback;

(h)

there should be firmer controls on public consumption of cannabis that match public tobacco and alcohol consumption regulations;

(i)

there should be a low tolerance for drug impaired driving for fully licenced (non “new”) drivers and zero tolerance for new drivers;

(j)

the cultivation, smoking, and use of cannabis and cannabis related products should be prohibited in any place, including residences, where children may reside or be around;

(k)

the maximum number of cannabis plants allowable for personal cultivation should be set by building premises, not by household;

(l)

the legal rights of the landlord (including strata council or owner) to forbid tenants to cultivate, consume, and buy/sell marijuana should be protected;

(m)

enable the strata council or the building owner to prohibit smoking or cultivation of cannabis in any buildings (such as apartments) with central air ventilation systems; and

(n)

require any products containing cannabis to be labeled and carry health warnings similar to cigarettes.

It was agreed by Committee that Part (1) of the recommendation would be voted separately.

The question on Part (1) of the motion was not called and as a result of discussion, the following amendment was introduced:

That the minimum age to buy, grow, and possess cannabis be 21. 

DEFEATED

Opposed: Mayor Brodie
Cllrs. Loo
McPhail
    McNulty 

The question on Part (1) of the motion was then called, and it was CARRIED with Cllrs. Au, Day, and Dang opposed.

The question on Part (2) of the motion was then called and it was CARRIED.

As a result of further discussion, the following motion was introduced:

It was moved and seconded

That a letter be sent to the Federal government, with copies to the Richmond Members of Parliament, expressing concern over the inadequate time given to Provincial and Municipal governments to prepare prior to cannabis legalization.

CARRIED

Discussion ensued in regards to licenced medical cannabis operations in Richmond and direction was given to staff to provide a list of licenced medical cannabis grow-ops and unlicenced grow-ops.

ADJOURNMENT

It was moved and seconded

That the meeting adjourn (5:22 p.m.).

CARRIED

Certified a true and correct copy of the Minutes of the meeting of the General Purposes Committee of the Council of the City of Richmond held on Monday, October 16, 2017.

_________________________________

_________________________________

Mayor Malcolm D. Brodie
Chair

Amanda Welby
Legislative Services Coordinator