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HomeMy Public PortalAboutBy-Law 2021-49 Adopt Cannabis Retail Store Policy and Repeal 2019-06CORPORATION OF THE MUNICIPALITY OF TWEED BY-LAW NO. 2021-49 Being a By-law to Adopt a Cannabis Retail Store Policy for the Municipality of Tweed, and to Repeal By-law No. 2019-06. WHEREAS the Municipal Act, 2001. S.O. 2021, c. 25, as amended, provides the general authority for Councils to adopt policies; O O AND WHEREAS the Cannabis Licence Act, 2018, S.O. 2018, c. 12, Sched. 2, subsection 4(6)5 prohibits retail store authorization not in the public interest; AND WHEREAS Section 10 of O. Reg. 468/18 defines public interest as matters protecting public health and safety, protecting youth, restricting access to cannabis, and preventing illicit activities in relation to cannabis; AND WHEREAS the Council of the Corporation of the Municipality of Tweed deems it expedient to adopt a new Cannabis Retail Store Policy for the Municipality of Tweed; NOW THEREFORE the Council of the Corporation of the Municipality of Tweed enacts as follows: 1. THAT the Cannabis Retail Store Policy attached hereto as Schedule 'A' to this By-law, is hereby adopted as the Cannabis Retail Store Policy for the Municipality of Tweed. 2. THAT By-law No. 2019-06 is hereby repealed in its entirety. 3. THAT this By-law shall come into force and take effect immediately upon the passing thereof by the Council of the Corporation of the Municipality of Tweed. Read a first, second, and third and final time, passed, signed, and sealed in open Council this 22nd day of June, 2021. LER SCHEDULE `A' TO BY-LAW NO. 2021-49 CORPORATION OF THE MUNICIPALITY OF TWEED Cannabis Retail Store Policy Purpose & Vision The purpose of this policy is to provide a format for municipal government input to the Alcohol and Gaming Commission of Ontario (AGCO) as well as to help prospective recreational cannabis retailers in their consideration of the location of cannabis retail stores in the Municipality of Tweed. The AGCO is the provincial authority that licenses cannabis retail operators, authorizes cannabis retail locations and licensed senior store staff. Municipal governments have no licensing authority. The AGCO regulates and reviews all aspects of the retail operation including municipal and public input that the proposed store location is consistent with the public interest as defined in the regulations. The Municipality of Tweed has chosen to allow retail sales of recreational cannabis. The following principles provide municipal staff with guidance on commenting to AGCO when notice on a specific proposed cannabis retail store site is provided on the site location. Principles for Cannabis Retail Store Locations: Relationship to Other Applicable Law: • Land Use Planning: The provincial licensing process does not remove the requirement to comply with Comprehensive Zoning By-law No. 2012-30, as amended, and other municipal planning documents. The definitions within the Hastings County Official Plan and the Municipality of Tweed Zoning By-law No. 2012-30, as amended, are applicable to all retail, including cannabis retail stores. Retail sale of cannabis from a provincially licensed store is legal and is a permitted use in the commercial zones. • Building Inspections: While the licensing of the store operation is the responsibility of the AGCO, the Ontario Building Code applies to cannabis retail store locations. Where a Building Permit is required under the Ontario Building Code, the Chief Building Official and Building Inspector will undertake duties as usual. Ontario Fire Code compliance is also mandatory. O Page 2 — Cannabis Retail Store Policy For the purposes of this policy, a cannabis retail store shall mean a store licensed by the AGCO. 1. Cannabis Retail Store and Sensitive Activities: In order to help ensure public health and safety, protect youth, and reduce illegal sales, retail cannabis stores shall not be located within 150 meters where nearby properties are designed to serve youth including, but not limited to, the following: i. St. Carthagh Catholic School, 114 Hungerford Road, Tweed ii. Tweed Elementary School, 52 McClellan Street, Tweed iii. Tweed Hungerford Community Centre, 297 St. Joseph Street, Tweed 2. Attached are maps of the Tweed Urban Area showing the 150 m buffers from the locations identified in Section 1 above. O 150 m from St. Carthagh School 0 6/7/2021, 3:26:38 PM Trans Canada Trail Property Info rmatio n 1:9,028 0 0 .05 0 .1 0.2 mi 1 r r t , I I 0 0 .07 0 .15 0.3 km Has tings Cou nty, Pro vince of Ontario, Ontario MNR, Esri Canad a, Esri, H astings County GIS Information purposes only and may not be suitable fo r legal, engineering, or surveying purposes. The County of Hastings disclaims all responsibility for errors, omissions or inaccuracies in this publication . Data supplied under License with OGDE & MPAC. 0 6/7/2021, 3:23:09 PM Trans Canada Trail Property Information 150 m from Tweed Elementary Sch)l 0 1 0 1:9,028 0.05 0 .1 r r 0 .07 0 .15 0.2 mi I i 0.3 km Hastings County, Province of Ontario, Ontario MNR, Esri Canada, Esri, Hastings County GIS Information n urnns as nn lv and ma y nnl he ciiita hla fnr lenal en ninaannn nr c,vvavinn nimmnsec The /:minty of 1-lectinnc rficrleimc all ree nnne ihility fnr amore .. ,..,ee,.,r .e ,..arr„r ar,ae in *h ie n„hlinarinn nara e,,..r.iin.f nr_nc a KAMAr 150 m from Tweed Arena 6/7/2021, 3:29:16 PM Trans Canada Trail Property Information 1:4,514 0 0 .03 0 .06 1 1 r r 0 0.04 0.09 0 .11 mi ,' tl 0.17 km Hastings Co unty, Pr ovince of Ont ario, Ontario MNR, Esri Canada, Esri, Hastings County GIS Informatio n purpose s only a nd may not be suitable for legal, engineering, or surve ying purposes. The County of Hastings disclaims all responsibility for errors, omissions or inaccuracie s in this publication. Data supplied under Licens e with OGDE & MPAC.