THE CORPORATION OF THE CITY OF NELSON

REQUEST FOR DECISION

DATE: May 1, 2017 Regular
TOPIC: Medical Cannabis Business Licence Applications
PROPOSAL: Review of Applicants for Medical Cannabis Business Licence
PROPOSED BY: Staff
____________________________________________________________________________
ANALYSIS SUMMARY:
Since approving the Medical Cannabis Business Licence Bylaw, the City has received
seven business licence applications for medical cannabis dispensaries. Staff has
undertaken a review of these applications based on the requirements of the business
licence bylaw. Council is requested to provide a decision on business licence approval
for each applicant. The number of applications meets the criteria for the zoning bylaw,
however applicants may be required to apply for a temporary use permit if their
business licence application is approved and they do not meet the distance
requirements of the Zoning Bylaw.

BACKGROUND:
At the February 6th Regular Council meeting, Council passed three readings of the new
Medical Cannabis Business Licence Bylaw No. 3363, 2017, and first two readings of the
Zoning Amendment (Cannabis-related Business) Bylaw No. 3368, 2017.

At the March 6, 2017 Regular Council meeting, Council adopted the Medical Cannabis
Business Licence Bylaw and passed third reading and final adoption of the related
Zoning Amendment Bylaw (see attachments Medical Cannabis Business Licence Bylaw
No. 3363, 2017 and Zoning Amendment (Cannabis-related Business) Bylaw 3368,
2017).

As identified in the March 6, 2017 report to Council, those who wish to operate a
licensed medical cannabis dispensary in the city will be required to apply for a business
licence, and the applications will be brought forward to Council for approval. If a
variance is required to the Zoning Bylaw, the dispensary will need to apply for a
temporary use permit after they are an approved applicant.

Pending new federal and provincial regulations, the City of Nelson developed a
business licence bylaw for medical cannabis in which applicants are required to meet a
number of requirements. The requirements are intended to minimize any adverse
effects that the operation of such businesses may have on the safety, health and well-
being of the community. The requirements were developed taking into consideration
the local context, public feedback and best practices of other communities that are
currently regulating medical cannabis dispensaries.

Business licence bylaw requirements that must be met by each applicant include:
business operations must meet the definition of a cannabis-related business
including operations with the primary purpose of advocating or promoting the use
of cannabis for medical purposes; the selling or otherwise providing cannabis to
persons for medical purpose; and the storage of medical cannabis for the
purpose of sale.
 a valid business licence
a security plan for the premises that, in the opinion of the Licence Inspector,
describes adequate security measures to mitigate risk of theft or robbery at the
premises. Security plan to include:
o installation of video surveillance cameras that monitor all entrances and
exits and the interior of the business premises at all times
o retention of video camera data for at least 21 days
o installation of a security and fire alarm system that is monitored at all times
by a licenced third party
o proof of a security alarm contract that includes monitoring at all times
during the licence period
o removal of all cannabis products from the premises when the business is
not open to the public unless they are securely locked in a safe
o two employees on the premises at all times when the business is open to
the public, including one manager
installation and maintenance of an air filtration system that effectively minimizes
odour impacts on neighbouring properties
contact information for a responsible person available to be contacted at any time
proof of ownership or legal possession of the premises
a current police information check for the applicant, and if applicable,
shareholders, officers and directors and the on-site manager(s)
any signage must be in compliance with the Sign Regulation Bylaw No. 2027
signage to include a prominently displayed sign indicating that no persons under
19 years of age are permitted on the premises, unless accompanied by a parent
or a legal guardian
the premise is not used to carry on business other than the cannabis-related
business;
the windows on street frontage of the premises are not blocked by translucent or
opaque material, artwork, posters, shelving, display cases or similar elements;
the business is not open between the hours of 8 pm and 8 am the next day
no advertisement or promotion of the use of medical cannabis to a person under
the age of 19
smoking, vaping, consuming or otherwise ingesting cannabis or products
containing Cannabis on the premises is not allowed
no sandwich board outside the premises

Following approval of the Medical Cannabis Business Licence Bylaw and Zoning
Amendment Bylaw on March 6, 2017, Bylaw Enforcement hand delivered a letter on
March 7, 2017 to each of the existing six medical cannabis dispensaries (see
attachment - Letter to existing medical cannabis dispensaries). The letter identified the
approval of the two bylaws and informed owners of the requirement to submit an
application for a business licence no later than March 31, 2017 in order for it to be
reviewed and presented to Council at the May 1, 2017 Council meeting. It also
identified that enforcement will begin on May 2, 2017 for all businesses that have not
applied for a licence. The City also posted information related to the medical cannabis
business licence on the Citys website under business licences, as well as preparing
an information brochure (see attachments - City of Nelson website information
regarding zoning, temporary use permits and business licences for medical cannabis
dispensaries; and City of Nelson information brochure regarding zoning, temporary use
permits and business licences for medical cannabis dispensaries).
The City received seven applications for medical cannabis business licence: one
application for a new medical cannabis dispensary in one of the commercial units in
Nelson Commons (see attachment - Letter for Council Medicinal Mary Jane) and
applications from all six existing businesses (see Summary of Applications below, as
well as attachments: Summary analysis of business licence applications, and Letter for
Council Leaf Cross Health Society). Three of the seven applications met all of the
bylaw requirements.

All applications were submitted prior to the March deadline, except for the Cana Clinic
(submitted on April 19, 2017 late Thursday afternoon, April 27, 2017 the security
alarm contract and the police checks were submitted, however they have not submitted
a security plan, they do not meet the signage/transparency requirements, nor do they
appear to have a proper filtration system). The Kootenays Medicine Tree requires
removal of some of the signage on their front window/door. Leaf Cross Health Society
also requires removal of the opaque film on their windows and doors. The Nelson
Cannabis Compassion Club has only one person working at a time (the bylaw requires
two people), and they do not meet the signage requirements for window transparency.
As well, the Compassion Club would like an exemption from the $5,000 application fee.
Summary of Applications

business new/ non-compliance with bylaw other areas of non-compliance with

existing requirements regulations
1 Kootenay's existing the only window into the premises safety requirements outstanding: exit sign
Medicine is via the door which is covered required above exit door; self closing devices
Tree 100% by signs - does not comply must be installed on all doors leading into the
with transparency requirement exit corridor; self closing devices must be
installed on all doors leading into the exit
corridor; extension cords must be replaced with
power bars
2 Nelson existing only one employee on-site (bylaw safety requirements outstanding: exit sign
Cannabis requirement is two employees) required above exit door; extension cords must
Compassion be replaced with power bars; the accumulation
Club of combustible materials must be removed and
kept to a minimum
no lease agreement (need to
provide proof of legal possession of
the premises)
closed shutter on front window
does not comply with transparency
requirement
3 Leaf Cross existing windows and doors are covered safety requirements outstanding: extension
Health with opaque film - does not comply cords must be replaced with power bars; no
Society with transparency requirement - storage within 1 metre of the electrical panel;
owner has advised he will remove if electrical cords in walkway must be protected
application is approved

4 Green Room existing all requirements met safety requirements outstanding: exit sign
Society required above exit door; extension cords must
be replaced with power bars; electrical cords in
walkways must be protected; Fire extinguishers
require servicing; a minimum of one portable
fire extinguisher required per 75ft2
5 Nelson existing all requirements met written theft and robbery prevention measures
Potorium required by Building Inspector
safety requirements outstanding: exit sign
required above exit door; steel gate on back
door compromises life safety, as it is locked
with a padlock and in the event of a fire
emergency, a person would not be able to get
out of the building - gate needs to be removed.

6 Cana Clinic existing items outstanding: security plan,

proper ventilation system and
compliance with
signage/transparency
requirements. Applicant did not
apply until April 19, 2017 (deadline
for existing businesses was March
31); security alarm contract and
police checks submitted late
afternoon on April 27, 2017

7 Medicinal new all requirements met; based on

Mary Jane documents submitted and
experience in other areas (9
businesses in Canada as of June 1,
2017), applicant would fulfill all
requirements of business licence

All of the existing medical cannabis operations were inspected by the Building
Inspector, Nelson Fire and Rescue Services and Bylaw Enforcement. Several
outstanding safety requirements were identified for each site (see above table).

The seventh application is for a proposed business in Nelson Commons, which was not
inspected as the interior of the commercial unit has not been completed and the sale
will only proceed if the applicant is successful in getting an approved business licence.
The applicant understands that if successful, they will be required to apply for a tenant
improvement building permit to complete the interior commercial unit. They have
provided a security plan from a security company that was employed at one of their
Vancouver dispensaries and that they intend to replicate at the Nelson Commons
location if successful. The security plan was comprehensive and thorough and received
the highest score from the Citys Building Inspector.

Security Plan Rating (1-5, 1 being poor, 5 being excellent)

Applicant Security Plan Rating
Kootenay's Medicine Tree 3
Nelson Cannabis Compassion Club 1
Leaf Cross Health Society 3.5
Green Room Society 3
Nelson Potorium 3
Cana Clinic no submission
Medicinal Mary Jane 4

They have provided the name of a security alarm company which they intend to use, as
well as specific components of the alarm contract that they intend to implement if
successful. They have also provided specifications on the ventilation system that they
will use if successful. The applicant has met all other requirements of the business
licence bylaw. This applicant currently has eight medical cannabis dispensaries in
Canada, including an approved business licence in Vancouver with another two
pending. If an applicant is in compliance with applicable bylaws and there are no other
grounds (that are also lawful and not discriminatory) for refusing, the City is legally
required to issue a business licence.

Applicants that are approved by Council may be required to apply for a Temporary Use
Permit, depending on alignment with the Zoning Bylaw requirements, including:
a total of six (6) Cannabis-related businesses are permitted;
a Cannabis-related business located in the C1 zone is not permitted within 300 m
running east and west of the nearest property line of a site containing another
Cannabis-related business;
a Cannabis-related business located in the C1 zone is not permitted within 150m
running north and south of the nearest property line of a site containing another
Cannabis-related business;
in the MU4 zone a Cannabis-related business is not permitted within 150m of the
nearest property line of a site containing another Cannabis-related business;
a Cannabis-related business is not permitted within 80m of the property line of a
site containing a Public Education Service (school k-12), but excluding
community colleges, universities, and technical and vocational schools; and
a Cannabis-related business is not permitted within 80m of the property line of
the site containing the Nelson and District Community Complex or the Nelson
and District Youth Centre.

BENEFITS OR DISADVANTAGES AND NEGATIVE IMPACTS:

The business licence and zoning regulations provide a regulatory framework for
dispensing medical cannabis until such time as the federal and/or provincial regulations
are established. Allowing dispensaries in Nelson will provide access to medical
cannabis for patients.

LEGISLATIVE IMPACTS, PRECEDENTS, POLICIES:

Section 8 of the Community Charter provides authority to Council to regulate
businesses.

COSTS AND BUDGET IMPACT - REVENUE GENERATION:

Business licence fees for dispensaries are $5,000 which will cover the resources
required to review the applications and provide ongoing monitoring and enforcement
activities to ensure compliance with the bylaw.

IMPACT ON SUSTAINABILITY OBJECTIVES AND STAFF RESOURCES:

There will be significant ongoing impact to Development Services (application
processing, Business Licence Inspector), Bylaw Enforcement Department and the
Nelson Police Department in enforcement of regulations.

COMMUNICATION:
Advertisements of the intended regulatory scheme were placed in the Nelson Star, and
on the Citys facebook page and website. Notification of the public hearing for the
Zoning Bylaw Amendment was undertaken in accordance with Section 466 of the Local
Government Act. A letter to all existing medical marijuana business owners was hand
delivered by Bylaw Enforcement on March 7, 2017 identifying the need for a business
licence application no later than March 31, 2017.
OPTIONS AND ALTERNATIVES:
That Council provides direction to staff on which businesses should receive
medical Cannabis business licence approval;
That Council approves none of the medical Cannabis business licence
applications;

ATTACHMENTS:
Medical Cannabis Business Licence Bylaw No. 3363, 2017
Zoning Amendment (Cannabis-related Business) Bylaw 3368, 2017
Letter to existing medical cannabis dispensaries
City of Nelson website information regarding zoning, temporary use permits and
business licences for medical cannabis dispensaries
City of Nelson information brochure regarding zoning, temporary use permits and
business licences for medical cannabis dispensaries
Summary analysis of business licence applications
Letter for Council Leaf Cross Health Society
Letter for Council Medicinal Mary Jane
Compliance letter April 27, 2017 Kootenays Medicine Tree
Compliance letter April 27, 2017 Medicinal Mary Jane
Nelson Cannabis Compassion Club April 27, 2017
RECOMMENDATION:
That Council passes the following resolution:

1. THAT Council approve the following medical cannabis business licence

applications, contingent on them meeting the non-compliance items as noted in
the report:

The Kootenays Letter received Thursday, April 27, 2017 confirming transparency requirement
Medicine Tree will be met and that they will fully comply with the signage requirements of the
Medical Cannabis Business Licence Bylaw (see attachment Compliance letter
April 27, 2017 Kootenays Medicine Tree)
Leaf Cross Health Windows and doors are covered with opaque film - does not comply with
Society transparency requirement - owner has advised he will remove if application is
approved
Green Room All requirements met
Society
Nelson Potorium All requirements met
Medicinal Mary All requirements met (see attachment Compliance letter April 27, 2017
Jane Medicinal Mary Jane)

AUTHOR: REVIEWED BY:

_________________________ _____________________________
MANAGER OF DEVELOPMENT CITY MANAGER
SERVICES
 THE CORPORATION OF THE CITY OF NELSON
Medical Cannabis Business Licence Bylaw No. 3363, 2017
Being a Bylaw respecting Licences for carrying on Medical Cannabis Business
within the City of Nelson

The purpose of this Bylaw is to provide for the regulation of medical Cannabis-related
Businesses to minimize any adverse effects that operation of such businesses may have on
the safety, health and well-being of the community in anticipation of changes to the federal
laws regarding distribution of Cannabis.

WHEREAS pursuant to the Community Charter, Council may, by bylaw, regulate and
impose requirements in relation to business;
NOW THEREFORE the Council of the City of Nelson, in open meeting assembled,
enacts as follows:

PART 1 INTRODUCTION

1.1 The headings contained in this bylaw are for convenience only and are not to be
construed as defining, or in any way limiting, the scope or the intent of the provisions
of this bylaw.

1.2 Definitions

Business Licence Bylaw means the City of Nelson Business Licence Bylaw No.
3347, 2016, , including all amendments and replacements thereto;

Bylaw-Enforcement Officer means a person acting as any of the following are

designated for the purposes of this Bylaw and the Local Government Bylaw Notice
Enforcement Act:

a) Special constables, officers, members or constables of the Nelson Police

Department;

b) Bylaw Enforcement Officers appointed pursuant to the Police Act and

Community Charter;

c) Local Assistants to the Fire Commissioner under Section 6 of the Fire

Services Act:

d) Bylaw Enforcement Officers, licensing inspectors, building inspectors, animal

control officers or other persons acting in another capacity on behalf of a the
City for the purpose of enforcement of one or more of its Bylaws.

Medical Cannabis Business Licence Bylaw 3363, 2017 Page 1

 Bylaw Notice means a ticket issued under the Bylaw Notice Enforcement Bylaw;

Bylaw Notice Enforcement Bylaw means the City of Nelson Bylaw Notice
Enforcement Bylaw No. 3195, 2011, including all amendments and replacements
thereto;

Cannabis means Cannabis as defined in the Controlled Drugs and Substances

Act and includes any products containing Cannabis;

Cannabis-related Business means carrying on of activity where

1) the primary purpose of the business is to advocate or promote the use of

cannabis for medical purposes;
2) Cannabis is sold or otherwise provided to persons for medical purposes;
3) medical cannabis is stored for a purpose of sale.

"Chief Constable" means the Chief Constable of the Nelson Police Department and
includes any police officer or peace officer acting under his or her authority;

City means The Corporation of the City of Nelson.

Licence Inspector as defined in the Business Licence Bylaw.

1.3 The provisions of this Bylaw do not apply to production and distribution of Cannabis
licensed by Health Canada under the Access to Cannabis for Medical Purposes
Regulations of the Controlled Drugs and Substances Act (Canada)

PART 2 BUSINESS LICENCES

2.1 A person must not carry on Cannabis-related Business unless the person holds a
valid licence issued under the provisions of this Bylaw and the Business Licence
Bylaw.

2.2 The licence period shall be one (1) year, to commence on January 1 and to
terminate on December 31, on each and every year this bylaw is in effect.

2.3 Every person who operates a business at more than one premises, shall obtain a
separate licence for each premises, whether or not the premises are located in the
same building.

2.4 An application for renewal of a Cannabis-related Business licence must be received

by the City by December 15th in each calendar year.

2.5 A person applying for the issuance or renewal of a licence for a Cannabisrelated
Business must:

Medical Cannabis Business Licence Bylaw 3363, 2017 Page 2

 a) make application to the Licence Inspector on the form provided for that
purpose;

b) pay to the City the applicable licence fee prescribed in section 2.6 of this
bylaw;

c) provide a security plan for the premises that, in the opinion of the Licence
Inspector, describes adequate security measures to mitigate risk of theft or
robbery at the premises;

d) provide contact information for a responsible person available to be contacted

at any time;

e) provide proof of a security alarm contract that includes monitoring at all times
during the licence period;

f) provide proof of ownership or legal possession of the premises, and

g) provide a current police information check for:

1) the applicant
2) if the applicant is a corporation, each shareholder, officer and director, and
3) each on-site manager;
h) any other documents required by the Licence Inspector.

2.6 The licence fee for a Cannabis-related Business is $5,000.

2.7 Licence fees paid hereunder shall not be refundable.

PART 3 EFFECT OF LICENCE

3.1 Every licence issued under this bylaw is personal to the person named in the
licence and may not be transferred to another person.

3.2 A licence is not assignable or transferable. If ownership of a Cannabis-related

Business, or control of a Cannabis-related Business entity, changes, the new
owner(s) of the Cannabis-related Business must apply to the City for a new licence.

3.3 A person shall not carry on a Cannabis-related Business in or on any premises

other than those identified on the licence without first making an application for a
new licence or a change to the licence.

3.4 The granting of a licence under this bylaw in no way implies or constitutes a
representation or warranty of the Licence Inspector or the City that the licencee is
competent in the business operation for which they are licenced or that the licenced
business or the business premises comply with the City's bylaws.

Medical Cannabis Business Licence Bylaw 3363, 2017 Page 3

3.5 Every operator of a Cannabis-related Business is responsible for complying with,
and is subject to, the requirements of all other City bylaws applicable to the
business.

PART 4 LICENCE INSPECTOR

4.1 The Council may, by resolution, from time to time, appoint a Licence Inspector for
the purposes of administering and enforcing the provisions of this Bylaw.

4.2 A Licence Inspector appointed pursuant to Section 4.1 shall have the authority to
grant or refuse a licence.

4.3 Pursuant to the Community Charter, the Licence Inspector or Chief Constable may
enter, at all reasonable times onto and into premises to inspect and determine
whether all regulations, prohibitions, and requirements established by this Bylaw
are being met.

4.4 An owner shall provide to the Licence Inspector and Chief Constable the
information and the access to premises in order for an inspection and determination
under Section 4.3 to be made.

PART 5 LICENCE INSPECTORS AUTHORITY TO REFUSE A LICENCE

5.1 The Licence Inspector may suspend or refuse to issue or renew a licence for a
Cannabis-related Business where Cannabis is kept on the premises if:

a) The applicant or licensee, or a shareholder, officer, director or on-site

manager of the applicant or licensee:

(1) was convicted anywhere in Canada of an offence involving dishonesty

(2) was convicted, found guilty of, or liable for any contravention or offence
relating to the conduct of a business similar to that to which the licence
relates

(3) was convicted, found guilty of, or liable for any contravention or offence,
in Nelson, against this bylaw or against any bylaw authorizing the
issuance of a business licence or regulating the conduct of a business,
or

(4) was guilty of misrepresentation, nondisclosure of concealment of any

material fact, relating to the subject matter of the licence or required to
be stated in, the application.

5.2 A decision of the Licence Inspector under section 5.1 of this bylaw may be
appealed to Council by submitting a request in writing to the Corporate Officer
within 30 days of the decision.

Medical Cannabis Business Licence Bylaw 3363, 2017 Page 4

PART 6 OPERATING REQUIREMENTS

6.1 A Cannabis-related Business must not:

a) allow a person under the age of 19 on the premises unless that person is
accompanied by a parent or a legal guardian;
b) advertise or promote the use of medical cannabis to a person under the age of
19;
c) allow a person to smoke, vape, consumer or otherwise ingest Cannabis or
products containing Cannabis on the premises;
d) place any sandwich board signs outside of the premises.
6.2 Where medical cannabis is kept or present on the premises, the Cannabis-related
Business must:
a) install video surveillance cameras that monitor all entrances and exits and the
interior of the business premises at all times;
b) retain video camera data for at least 21 days after it is gathered;
c) install a security and fire alarm system that is, at all times, monitored by a
licenced third party;
d) not allow Cannabis, products containing Cannabis or other valuables to remain
on the premises when the business is not open to the public, unless the
Cannabis, products and other valuables are securely locked in a safe on the
premises, and
e) install and maintain an air filtration system that effectively minimizes odour
impacts on neighbouring properties.
6.3 A Cannabis-related Business must:
a) display signage that is in compliance with the Citys Sign Regulation Bylaw No.
2027 including all amendments and replacements thereto;
b) prominently display a sign on the premises indicating that no persons under 19
years of age are permitted on the premises;
c) ensure that two employees are present on the premises at all times when the
business is open to the public, including one manager;
d) not use the premise to carry on business other than the Cannabis-related
Business;
e) ensure that windows on street frontage of the premises are not blocked by
translucent or opaque material, artwork, posters, shelving, display cases or
similar elements;
f) not be open for business between the hours of 8 p.m. and 8 a.m. the next day;
g) promptly bring to the attention of the Licence Inspector:

Medical Cannabis Business Licence Bylaw 3363, 2017 Page 5

 (1) the name of any new on-site manager, officer, director or shareholder of
the licensee, and
(2) any criminal charge brought against the licensee or an on-site manager,
officer, director or shareholder of the licencee, and
h) promptly provide to the Licence Inspector a current police information check for
any new on-site manager, officer, director or shareholder of the licensee.
PART 7 - ENFORCEMENT AND PENALTIES
7.1 A person who:

a) contravenes or fails to comply with this Bylaw;

b) permits, suffers or allows any act or thing to be done in contravention of this
Bylaw;
c) fails to carry out an order made under this Bylaw;
d) fails or neglects to do anything required under a licence;

e) provides false or misleading information to obtain a licence under this Bylaw;

or
f) carries on or remains open for business after receiving notice from the City
that the licence for the business was suspended or cancelled,
commits an offence and each day such an offence continues or is permitted to
continue will constitute a separate offence.

7.2 On being found guilty of an offence under this Bylaw, a person will be liable to pay
a fine of up to $10,000 or to imprisonment for a term not exceeding six months or to
both such fine and imprisonment and in default of payment of the fine to
imprisonment for an additional term not exceeding six months under the Offence
Act.

7.3 This Bylaw is designated under section 264 of the Community Charter as a bylaw
that may be enforced by means of a Bylaw Notice.

7.4 Without limiting the enforcement options under Section 7.3, a person who commits
an offence under this Bylaw will be liable to a penalty established under the Bylaw
Notice Enforcement Bylaw.

7.5 Bylaw Enforcement Officers are designated to enforce this Bylaw by means of a
Bylaw Notice under section 264 of the Community Charter.

7.6 No person may obstruct a Bylaw Enforcement Officer in the fulfillment of his or her
duties under this Bylaw.

Medical Cannabis Business Licence Bylaw 3363, 2017 Page 6

PART 8 - SEVERABILITY
8.1 If a portion of this bylaw is held invalid by a Court of competent jurisdiction, the
invalid portion must be severed and the remainder of this bylaw is deemed to be
adopted without the severed section, subsection, paragraph, subparagraph, clause
or phrase.

PART 9 - CITATION
9.1 This bylaw may be cited for all purposes as The Corporation of the City of Nelson
Medical Cannabis Business Licence Bylaw No. 3363, 2017.

PART 10 - EFFECTIVE DATE

10.1 This Bylaw comes into force and effect upon its adoption.

READ A FIRST TIME the day of , 2017

READ A SECOND TIME the day of , 2017
READ A THIRD TIME the day of , 2017
FINALLY PASSED AND ADOPTED the day of 2017

___________________
Mayor

___________________
Corporate Officer

Medical Cannabis Business Licence Bylaw 3363, 2017 Page 7

 THE CORPORATION OF THE CITY OF NELSON
BYLAW NO. 3368

A BYLAW TO AMEND "THE CITY OF NELSON

ZONING BYLAW NO. 3199, 2013"
_________________________________________________________________________

The Council of the Corporation of the City of Nelson considers it desirable and expedient to
amend The City of Nelson Zoning Bylaw No. 3199, 2013 (hereinafter called the said
Bylaw);

The Council of the Corporation of the City of Nelson, in open meeting assembled enacts as
follows:

1. That the said Bylaw be amended by adding a definition to Part 1 as follows:

Cannabis means cannabis as defined in the Controlled Drugs and

Substances Act and includes any products containing cannabis;

Cannabis-related Business means carrying on of activity where:

a) the primary purpose of the business is to advocate or promote the use
of cannabis for medical purposes
b) Cannabis is sold or otherwise provided to persons for medical
purposes;
c) medical Cannabis is stored for the purpose of sale.

2. That the said Bylaw be amended by adding the following Section 1.1.11 Cannabis-
related Business - Conditions of Use in the C1 and MU4 zones:
a) A total of six (6) Cannabis-related businesses are permitted;
b) A Cannabis-related Business located in the C1 zone is not permitted
within 300 m - running east and west, of the nearest property line of a
site containing another Cannabis-related business;
c) A Cannabis-related Business located in the C1 zone is not permitted
within 150 m - running north and south, of the nearest property line of a
site containing another Cannabis-related business;
d) In the MU4 zone a Cannabis-related Business is not permitted within
150 m of the nearest property line of a site containing another Cannabis-
related business;
e) a Cannabis-related Business is not permitted within 80 m of the property
 line of a site containing a Public Education Service (school K-12), but
excluding community colleges, universities, and technical and vocational
schools; and
f) A Cannabis-related Business is not permitted within 80 m of the property
line of the site containing the Nelson and District Community Complex or
the Nelson and District Youth Centre.

3. That the said Bylaw be amended by adding the following use in Section 5.4 MU4,
Waterfront Mixed-Use Industrial and Commercial Zone, Subsection 5.4.2 Permitted
Uses between (c ) Building Supply and (d) Car Wash:
d. Cannabis-related Business

4. That the said Bylaw be amended by adding the following use in Section 6.1 C1, Core
Commercial Zone, Subsection 6.1.2 Permitted Uses between (c ) Broadcasting Studios
and (d) Car Wash:
d. Cannabis-related Business

5. This Bylaw may be cited as "Zoning Amendment (Cannabis-related Business) Bylaw

No. 3368, 2017"

READ A FIRST TIME the day of ,2017

READ A SECOND TIME the day of ,2017
PUBLIC HEARING held the day of ,2017
READ A THIRD TIME the day of ,2017

FINALLY PASSED AND ADOPTED the day of 2017

__________
Mayor

__________
Corporate Officer
 The Corporation of the City of Nelson
Suite 101, 310 Ward Street, Nelson British Columbia V1L 5S4

Department of Development Services and Engineering

Telephone : (250) 352-8260 Fax : (250) 352-2131 Email : development@nelson.ca

March 7, 2017

RE: Medical Cannabis Business Regulations

To Whom It May Concern:

On March 6, 2017 the City of Nelson approved regulations for medical cannabis businesses to reduce the community
impacts of these businesses while maintaining access to medical cannabis. Council approved a cap of six (6) licences
to be issued in Nelson, subject to compliance with the Medical Cannabis Business Licence Bylaw No. 3363 and the
Zoning Bylaw Amendment Bylaw No. 3368. If you would like to continue operating your medical cannabis business in
the City of Nelson, please submit your business licence application to Development Services by no later than March
31, 2017. All complete applications received by March 31, 2017 will be reviewed by Staff and presented to Council at
the May 1, 2017 Regular Meeting of Council.

Please ensure that all of the necessary documents, as identified in the Business Licence Bylaw are included with your
business licence application. Enforcement for businesses that have not applied for a licence by May 1, 2017, or that
have been denied a licence will begin on May 2, 2017. We would encourage you to submit your application
immediately, to allow sufficient time for review prior to the May 1, 2017 Regular Meeting of Council.

Adoption of these regulations does not legalize or permit the sale of cannabis; this is the jurisdiction of the Federal
Government. Please note that these are interim regulations that will either be withdrawn or changed once the
Federal and Provincial regulations are in place.

For more information go to: www.nelson.ca/businesslicense. You can also contact Development Services at 250-
352-8260, if you have questions.

Yours truly,

Pam Mierau, MEDes, BA

Manager of Development Services

Attachments: Medical Cannabis Business License Application

Medical Cannabis Business Licence Bylaw No. 3363, 2017
Zoning Bylaw Amendment Bylaw No. 3368, 2017
BUSINESS LICENCES OVERVIEW
Any person owning or operating a business within the City of Nelson must obtain an annual Business
Licence. This applies to all retail and commercial establishments, management and professional firms,
home-based businesses, tourist accommodations, short-term rentals and medical cannabis operations.

Business Licences are issued annually. A renewal form will be sent to you by mail.

Changes to your Licence

Business owners are required to notify the City of Nelson of any changes to their business licence.
Updates to an existing business licence can be submitted using the Business Licence Revision Form.pdf
[PDF - 72 KB].

Regulations

The issuance of a business licence is dependent on being in compliance with several City departments
regulations. Regulations vary by type of business being conducted. The Zoning Bylaw regulates which
business activities are permitted in each zone as well as home-based businesses.

Business Licence Bylaw No. 3347,2016

Business Licence for Medical Cannabis Bylaw No. 3363, 2017 [PDF - 45 KB]
Zoning Bylaw No. 3199, 2013
Zoning Amendment (Cannabis-Related Business), No. 3368, 2017 [PDF - 46 KB]

Mobile Businesses

The City of Nelson is participating in the West Kootenay Inter-Community Business Licence Program,
which covers 5 municipalities. The ICBL allows mobile businesses to operate in multiple municipalities,
under one licence, rather than obtaining non-residence licences from each municipality.

For more information:

Learn more about the Inter-Community Business Licence Program: Inter-Community Business
Licence Program.pdf [PDF - 105 KB]

Contact the City of Nelson Finance Department at:

o phone: 250.352.8248
o e-mail: reception@nelson.ca

APPLICATIONS FOR BUSINESS LICENCES

General Business Licence Applications

For all businesses excluding Short-Term Rentals in residential zones and Medical Cannabis Businesses.

Business Licence Application form for all other businesses [PDF - 181 KB]

Business Licences for Short Term Rentals

For information for Short Term Rentals please see to the STR website: str.nelson.ca

To apply for a Business Licence for a short term rental please use this form, which lists all requirements
and regulations:

Business Licence Application form for Short-Term Rentals [PDF - 197 KB]

Business Licences for Medical Cannabis Businesses

A printable information bulletin is available here: _____

General Information

The City of Nelson has implemented regulations for medical cannabis businesses in order to reduce the
community impacts of these businesses. The City's regulations are for the businesses selling cannabis.
They do not legalize or permit the sale of cannabis; this is the jurisdiction of the Federal Government.

All Cannabis-related businesses must obtain a Medical Cannabis Business Licence [PDF - 152 KB], and
follow the regulations set out in the Medical Cannabis Business Licence Bylaw No. 3363, 2017 [PDF - 45
KB] and Zoning Bylaw 3199, 2013 (see Zoning Amendment (Cannabis-Related Business), No. 3368,
2017 [PDF - 46 KB]). In addition, Cannabis-related businesses must also receive a Temporary Use
Permit for this use.

IMPORTANT: Cannabis-related Businesses that were in operation prior to March 6, 2017 may
continue to operate while making progress towards a Business Licence, however they must comply
with operational requirements immediately.

Cannabis-related Businesses beginning operation after March 6, 2017 must comply with the new
regulations immediately, meaning these businesses cannot operate until their Business Licence
application has been approved by City Council.

About Medical Cannabis

Medical cannabis is regulated by Health Canada. Under current regulations medical cannabis can be
prescribed and then ordered from a licensed producer. Mail order is the only approved way to
purchase medical cannabis. Although some businesses are currently selling cannabis, none have a
Health Canada licence that permits this. The federal government has indicated that they will be
exploring options to legalize cannabis and have announced their intention to introduce legislation this
spring.
In recent years, there has been a significant increase in the number of cannabis-related businesses
operating in the City of Nelson. There are currently 6 businesses known to be operating. Two of these
businesses are operating on Baker Street.

Zoning

The City of Nelson Zoning Bylaw 3199, 2013 (see Zoning Amendment (Cannabis-Related Business), No.
3368, 2017 [PDF - 46 KB]) provides the following definitions related to Cannabis-related businesses:

Cannabis means cannabis as defined in the Controlled Drugs and Substances Act and includes any
products containing cannabis;

Cannabis-related Business means carrying on of activity where:

1) the primary purpose of the business is to advocate or promote the use of cannabis for medical
purposes;

2) Cannabis is sold or otherwise provided to persons for medical purposes;

3) medical cannabis is stored for the purpose of sale.

Cannabis-related Businesses are permitted in the C1 and MU4 zones with the following restrictions:

o A total of six (6) Cannabis-related businesses are permitted;

o A Cannabis-related Business located in the C1 zone is not permitted within 300 m -
running east and west, of the nearest property line of a site containing another
Cannabis-related business;
o A Cannabis-related Business located in the C1 zone is not permitted within 150 m -
running north and south, of the nearest property line of a site containing another
Cannabis-related business;
o In the MU4 zone a Cannabis-related Business is not permitted within 150 m of the
nearest property line of a site containing another Cannabis related business;
o a Cannabis-related Business is not permitted within 80 m of the property line of a site
containing a Public Education Service (school K-12), but excluding community colleges,
universities, and technical and vocational schools; and
o A Cannabis-related Business is not permitted within 80 m of the property line of the site
containing the Nelson and District Community Complex or the Nelson and District Youth
Centre.

Temporary Use Permit Application Process

Cannabis-related Businesses that are approved by Council on May 1, 2017 must apply for a Temporary
Use Permit. A Business Licence will not be issued until a Temporary Use Permit is granted, inspections
have been passed and all requirements have been met.

Review the requirements for a Temporary Use Permit Application [PDF - 173 KB] and review
Zoning Bylaw 3199, 2013 (see Zoning Amendment (Cannabis-Related Business), No. 3368, 2017
[PDF - 46 KB]).
City staff are available for a pre-application meeting to discuss the permit process.
 Only complete applications will be accepted.
The Temporary Use permit process typically takes 1-2 months from the date of submission of a
complete application.
The fee for a Temporary Commercial Use Permit is $750.

The City will start accepting complete Temporary Use Permit applications [PDF - 173 KB] on May 2,
2017. For more information please contact Development Services at 250-352-8260, in person at the
Development Services department, or at development@nelson.ca.

Business Licence

All Cannabis-related Businesses must obtain a Medical Cannabis Business Licence.

Review the requirements in the Medical Cannabis Business Licence Application [PDF - 152 KB]
and review the Medical Cannabis Business Licence Bylaw No. 3363, 2017 [PDF - 45 KB] and
Zoning Bylaw 3199, 2013 (see Zoning Amendment (Cannabis-Related Business), No. 3368, 2017
[PDF - 46 KB]).
Medical Cannabis Business Licences will not be issued until a full review of zoning and licence
requirements is complete, and the property has been inspected for compliance with health and
safety (see below) requirements. The fee of $5,000 is also required prior to issuance of a
Business License.
Submission of an application does not guarantee approval of a Medical Cannabis Business
License.

Business Operations

All Cannabis-related Businesses must follow operational requirements for security, health and
safety as outlined in the relevant bylaws.

All Cannabis-related Businesses must not:

allow a person under the age of 19 on the premises unless that person is accompanied by a
parent or a legal guardian;
advertise or promote the use of medical cannabis to a person under the age of 19;
allow a person to smoke, vape, consumer or otherwise ingest Cannabis or products containing
Cannabis on the premises; and
place any sandwich board signs outside of the premises.

A Cannabis-related Business must:

display signage that is in compliance with the Citys Sign Regulation Bylaw 2027;
prominently display a sign on the premises indicating that no persons under 19 years of age are
permitted on the premises;
ensure that two employees are present on the premises at all times when the business is open
to the public, including one manager;
not use the premise to carry on business other than the Cannabis-related Business;
ensure that windows on street frontage of the premises are not blocked by translucent or
opaque material, artwork, posters, shelving, display cases or similar elements;
not be open for business between the hours of 8 pm and 8 am the next day;
 promptly bring to the attention of the Licence Inspector: 1) the name of any new on-site
manager, officer, director or shareholder of the licensee; and 2) any criminal charge brought
against the licensee or an on-site manager, officer, director or shareholder of the licencee; and
promptly provide the Licence Inspector a current police information check for any new on-site
manager, officer, director or shareholder of the licencee.

In addition to the above, the following health and safety requirements also apply:

install and maintain an air filtration system to minimize odour impacts on neighbouring
properties;
video surveillance cameras that monitor all entrances and exits and the interior of the business
at all times;
retain video camera data for at least 21 days after it is gathered;
install a security and fire alarm system that is, at all times, monitored by a licenced third party;
and
not allow Cannabis, products containing Cannabis or other valuables to remain on the premises
when the business is not open to the public, unless the Cannabis, products and other valuables
are securely locked in a safe on the premises.

Related Documents

Medical Cannabis Business Licence Bylaw No. 3363, 2017 [PDF - 45 KB]
Zoning Bylaw 3199, 2013 (see Zoning Amendment (Cannabis-Related Business), No. 3368, 2017
[PDF - 46 KB])
Medical Cannabis Business Licence Application Form [PDF - 152 KB]
Temporary Use Permit Application Form for a Medical Cannabis Business [PDF - 173 KB]

Have Questions?

Development Services Staff are available to assist with your inquiries. Feel free to make an
appointment to ensure the Staff member you want to see is available.

Second Floor of City Hall, 310 Ward Street, Nelson BC, V1L 5S4

T: 250.352.8260 E: development@nelson.ca

HOURS: 8:30-4:30 (Mon - Fri) closed 12:00-1:30 for lunch

Business Licences
Medical Cannabis Businesses:
Information for applicants
DEVELOPMENT
SERVICES AND
ENGINEERING
310 Ward Street
Nelson BC, V1L 5S4
T: 250.352.8260
E: development@nelson.ca
HOURS: 8:30-4:30 (Mon - Fri)
closed 12:00-1:30 for lunch
www.nelson.ca
This guide provides residents and prop-
erty owners with a general overview
of the requirements for applications
for business licences for Medical Can-
nabis Businesses in the City of Nelson.
Updated March 2017
This guide has been prepared to assist you in understanding the requirements and process of applying
for a business licence to sell medical cannabis in the City of Nelson.
For details and legal documents, you must consult relevant bylaws and provincial legislation. This
document is not a legal document. If any contradiction exists between this document and the relevant
City Bylaws, Codes or Policies, the text of the Bylaws, Codes or Policies shall be the legal authority.
General Information
New Regulations on the City of Nelson
The City of Nelson has implemented regulations for medical cannabis businesses in
order to reduce the community impacts of these businesses. The Citys regulations
are for the businesses selling cannabis. They do not legalize or permit the sale of can-
nabis; this is the jurisdiction of the Federal Government.
All Cannabis-related businesses must obtain a Medical Cannabis Business Licence,
and follow the regulations set out in the Medical Cannabis Business Licence Bylaw
No. 3363, 2017 and Zoning Bylaw 3199, 2013 (see Zoning Amendment (Cannabis-Re-
lated Business), No. 3368). In addition, Cannabis-related businesses must also receive
a Temporary Use Permit for this use.
IMPORTANT: Cannabis-related Businesses that were in operation prior to March 6,
2017 may continue to operate while making progress towards a Business Licence,
however they must comply with operational requirements immediately.
Cannabis-related Businesses beginning operation after March 6, 2017 must comply
with the new regulations immediately, meaning these businesses cannot operate
until their Business Licence application has been approved by City Council.
About Medical Cannabis
Medical cannabis is regulated by Health Canada. Under current regulations medical
cannabis can be prescribed and then ordered from a licensed producer. Mail order is
the only approved way to purchase medical cannabis. Although some businesses are
currently selling cannabis, none have a Health Canada licence that permits this. The
federal government has indicated that they will be exploring options to legalize can-
nabis and have announced their intention to introduce legislation this spring.
In recent years, there has been a significant increase in the number of cannabis-
related businesses operating in the City of Nelson. There are currently 6 businesses
known to be operating. Two of these businesses are operating on Baker Street.
INFORMATION FOR MEDICAL CANNABIS BUSINESSES IN THE CITY OF NELSON
Zoning
The City of Nelson Zoning Bylaw 3199, 2013 (see Zoning
Amendment (Cannabis-Related Business), No. 3368) pro-
vides the following definitions related to Cannabis-relat-
ed businesses:
Cannabis means cannabis as defined in the Controlled
Drugs and Substances Act and includes any products con-
taining cannabis;
Cannabis-related Business means carrying on of activity
where:
1. the primary purpose of the business is to advocate
or promote the use of cannabis for medical pur-
poses;
2. Cannabis is sold or otherwise provided to persons
for medical purposes;
3. medical cannabis is stored for the purpose of sale.
Cannabis-related Businesses are permitted in the C1 and
MU4 zones with the following restrictions:
t
total of six (6) Cannabis-related businesses are per-
mitted;
t
A Cannabis-related Business located in the C1 zone is
not permitted within 300 m - running east and west,
of the nearest property line of a site containing an-
other Cannabis-related business;
t
Cannabis-related Business located in the C1 zone
is not permitted within 150 m - running north and
south, of the nearest property line of a site containing
another Cannabis-related business;
t
In the MU4 zone a Cannabis-related Business is not
permitted within 150 m of the nearest property line
of a site containing another Cannabis related busi-
ness;
t
a Cannabis-related Business is not permitted within
80 m of the property line of a site containing a Public
Education Service (school K-12), but excluding com-
munity colleges, universities, and technical and voca-
tional schools; and
t
A Cannabis-related Business is not permitted within
80 m of the property line of the site containing the
Nelson and District Community Complex or the Nel-
son and District Youth Centre.
For More Information:
THE CITY OF NELSON Development Services & Engineering Department
T: 250-352-8260 | E: development@nelson.ca | W: www.nelson.ca/developmentservices
PAGE 2 of 3
Temporary Use Permits
Cannabis-related Businesses that are approved by Council
on May 1, 2017 must apply for a Temporary Use Permit. A
Business Licence will not be issued until a Temporary Use
Permit is granted, inspections have been passed and all re-
quirements have been met.
Temporary Use Permit Application Process
t
Review the requirements for a Temporary Use Per-
mit and review Zoning Bylaw 3199, 2013 (see Zoning
Amendment (Cannabis-Related Business), No. 3368).
t
City staff are available for a pre-application meeting
to discuss the permit process.
t
Only complete applications will be accepted.
t
The permit process typically takes 1-2 months from
the date of submission of a complete application.
t
The fee for a Temporary Commercial Use Permit is
$750.
The City will start accepting complete Temporary Use Per-
mit applications on May 2, 2017.
For more information please contact Development Services
at 250-352-8260, in person at the Development Services de-
partment, or at development@nelson.ca.
Business Licence
All Cannabis-related Businesses must obtain a Medical
Cannabis Business Licence.
t
Review the requirements in the Medical Cannabis
Business Licence Application and review the Medical
Cannabis Business Licence Bylaw No. 3363, 2017 and
Zoning Bylaw 3199, 2013 (see Zoning Amendment
(Cannabis-Related Business), No. 3368) .
t
Medical Cannabis Business Licences will not be issued
until a full review of zoning and licence requirements
is complete, and the property has been inspected for
compliance with health and safety (see below) re-
quirements. The fee of $5,000 is also required prior to
issuance of a Business License.
t
Submission of an application does not guarantee ap-
proval of a Medical Cannabis Business License.
INFORMATION FOR MEDICAL CANNABIS BUSINESSES IN THE CITY OF NELSON
Business Operations
All Cannabis-related Businesses must follow operational
requirements for security, health and safety.
All Cannabis-related Businesses must not:
t
allow a person under the age of 19 on the premises
unless that person is accompanied by a parent or a
legal guardian;
t
advertise or promote the use of medical cannabis to a
person under the age of 19;
t
allow a person to smoke, vape, consumer or other-
wise ingest Cannabis or products containing Canna-
bis on the premises;
t
place any sandwich board signs outside of the prem-
ises.
A Cannabis-related Business must:
t
display signage that is in compliance with the Citys
Sign Regulation Bylaw 2027;
t
prominently display a sign on the premises indicating
that no persons under 19 years of age are permitted
on the premises;
t
ensure that two employees are present on the prem-
ises at all times when the business is open to the pub-
lic, including one manager;
t
not use the premise to carry on business other than
the Cannabis-related Business;
t
ensure that windows on street frontage of the prem-
ises are not blocked by translucent or opaque mate-
rial, artwork, posters, shelving, display cases or similar
elements
t
not be open for business between the hours of 8 pm
and 8 am the next day;
t
promptly bring to the attention of the Licence Inspec-
tor: 1) the name of any new on-site manager, officer,
director or shareholder of the licensee; and 2) any
criminal charge brought against the licensee or an
on-site manager, officer, director or shareholder of
the licencee;
t
promptly provide the Licence Inspector a current po-
lice information check for any new on-site manager,
officer, director or shareholder of the licencee.
For More Information:
THE CITY OF NELSON Development Services & Engineering Department
T: 250-352-8260 | E: development@nelson.ca | W: www.nelson.ca/developmentservices
PAGE 3 of 3
Business Operations continued...
In addition to the above, the following health and safety
requirements also apply:
t
install and maintain an air filtration system to mini-
mize odour impacts on neighbouring properties;
t
video surveillance cameras that monitor all entrances
and exits and the interior of the business at all times;
t
retain video camera data for at least 21 days after it is
gathered;
t
install a security and fire alarm system that is, at all
times, monitored by a licenced third party;
t
not allow Cannabis, products containing Cannabis or
other valuables to remain on the premises when the
business is not open to the public, unless the Canna-
bis, products and other valuables are securely locked
in a safe on the premises.
Related Documents
All bylaws are available at: www.nelson.ca/bylaws
Medical Cannabis Business Licence Bylaw No. 3363, 2017.
pdf
Zoning Bylaw 3199, 2013 (see Zoning Amendment (Can-
nabis-Related Business), No. 3368.pdf)
All application forms are available at: www.nelson.ca/
forms
Medical Cannabis Business Licence Application.pdf
Temporary Use Permit Application Form for a Medical
Cannabis Business.pdf
Have Questions?
Development Services Staff are available to assist with
your inquiries. Feel free to make an appointment to en-
sure the Staff member you want to see is available.
DEVELOPMENT SERVICES AND ENGINEERING
Second Floor of City Hall, 310 Ward Street
Nelson BC, V1L 5S4
T: 250.352.8260
E: development@nelson.ca
HOURS: 8:30-4:30 (Mon - Fri) closed 12:00-1:30 for lunch
www.nelson.ca/developmentservices
Medical Cannabis Business Licence Requirements Applicants
The Kootenay's Medicine Tree Nelson Cannabis Compassion Club Leaf Cross Health Society Green Room Society Nelson Potorium Cana Clinic Medicinal Mary Jane Iprio Inc.
#106, 601 Front Street 606 Front Street 358 Baker Street 306b Victoria Street 471A Baker St 619 C Front St 752 Vernon Street

business operations must meet the definition of a Cannabis-related A registration form and doctor's prescription A registration form and doctor's prescription A registration form and doctor's A naturopathic doctor consults with new A registration form and doctor's yes
business including operations with the primary purpose of advocating or slip are required before they will sell product slip are required before they will sell product prescription slip are required before they clients onsite piror to administering prescription slip are required before they
promoting the use of Cannabis for medical purposes; the selling or to consumers. Educational material about to consumers. Educational material about will sell product to consumers. medical cannabis to ensure there are no will sell product to consumers.
otherwise providing Cannabis to persons for medical purpose; and the Cannabis is displayed onsite. Cannabis is displayed onsite. Educational material about Cannabis is adverse reactions with any other Education material about Cannabis is
storage of medical Cannabis for the purpose of sale. displayed onsite. medication the patient may be taking. displayed onsite.

a security plan for the premises that, in the opinion of the Licence Yes, the security plan is sufficient and No, security plan is not sufficient. Yes, the security plan is sufficient and Yes, the security plan is sufficient and Yes, the security plan is sufficient but Yes, however it is based on
Inspector, describes adequate security measures to mitigate risk of theft includes written theft and robbery includes written theft and robbery includes written theft and robbery needs to include written theft and procedures in the Vancouver
or robbery at the premises. Security plan to include: prevention measures on site. prevention measures on site. prevention measures on site. robbery prevention measures on-site. location. Proposal does not address
the proposed location in Nelson.

installation of video surveillance cameras that monitor all yes no video surveillance yet - will install if yes yes yes yes
entrances and exits and the interior of the business premises application is approved
at all times

retention of video camera data for at least 21 days yes no yes yes yes yes
installation of a security and fire alarm system that is yes no security/fire alarm system installed; will yes yes yes yes
monitored at all times by a licenced third party install if application is approved
proof of a security alarm contract that includes monitoring at yes owner has received quote from Bigfoot yes yes yes yes
all times during the licence period Security and advises he will install if his
application is approved
removal of all Cannabis products from the premises when yes yes yes yes yes yes
the business is not open to the public unless they are
securely locked in a safe
two employees are present on the premises at all times when The business has one employee only on-site The business has one employee only on-site. yes yes yes yes
the business is open to the public, including one manager currently; they will ensure that there are two Potentially will have two if approved.
if approved.

installation and maintenance of an air filtration system that effectively Yes, Nelson Canfilters charcoal canister yes yes yes yes yes
minimizes odour impacts on neighbouring properties system, exhausted to outside.
contact information for a responsible person available to be contacted at yes yes yes yes yes yes
any time
proof of ownership or legal possession of the premises yes No lease agreement submitted. Owner yes yes yes No lease agreement however buidling option to purchase commercial unit
advises he leases by the month and has no owner will provide them with a lease in Nelson Commons; June 30, 2017
written lease agreement. agreement if necessary. close date
a current police information check for the applicant, and if applicable, yes yes yes yes yes yes
shareholders, officers and directors and the on-site manager(s)
any signage must be in compliance with the Sign Regulation Bylaw No. No - signage on the single window door is No, there is limited visibility into the premises Windows and doors are covered with an yes, translucent film was removed during yes yes
2027; the windows on street frontage of the premises are not blocked by blocked 100% by the business sign. because of metal rollup shutter; applicant is opaque film that restricts the visibility into inspection
translucent or opaque material, artwork, posters, shelving, display cases unwilling at this time to keep it open during the space; owner has advised that he will
or similar elements; business hours. remove if approved.

signage to include a prominently displayed sign indicating that no persons yes yes yes yes yes yes
under 19 years of age are permitted on the premises, unless
accompanied by a parent or a legal guardian
the premise is not used to carry on business other than the Cannabis- yes yes yes yes yes yes
related business;
the business is not open between the hours of 8 pm and 8 am the next yes yes yes yes yes yes
day
no advertisement or promotion of the use of medical Cannabis to a yes yes yes yes yes yes
person under the age of 19
smoking, vaping, consuming or otherwise ingesting Cannabis or products yes yes yes yes yes yes
containing Cannabis on the premises is not allowed
no sandwich board outside the premises yes yes yes yes yes yes

Additional Notes
The owner must install an exit sign above the
exit door. As well, self closing devices must
be installed on all doors leading into the exit
corridor. Extension cords must not be used
as permanent applications - use power bars
or plug appliances directly into outlets.
The owner must install an exit sign above the
exit door; owner does not want to pay the
$5,000 application fee. Extension cords must
not be used as permanent applications - use
power bars or plug appliances directly into
outlets. The accumulation of combustible
materials must be removed and kept to a
minimum.
Extension cords must not be used as
permanent applications - use power bars
or plug appliances directly into outlets.
There must be no storage within 1 metre
of the electrical panel. Electrical cords in
walkway must be protected.
The owner must install an exit sign above
the exit door. Extension cords must not
be used as permanent applications - use
power bars or plug appliances directly
into outlets. Electrical cords in walkways
must be protected. Fire extinguishers
requires servicing. A minimum of one
portable fire extinguisher per 75ft2 must
be provided.
The owner must install an exit sign above Did not apply until April 19, 2017;
the rear or front exit door. Steel gate on application was missing a security plan, a
back door compromises life safety, as it security alarm contract, and Police
is locked with a padlock and in the event checks. Waiting for documents.
of a fire emergency, a person would not
be able to get out of the building - gate
needs to be removed.
 April 26 2017

Pamela Mierau
Manager of Development Services
Approving Officer
City of Nelson

Subject: Intention to Comply With Requirements of Cannabis Business License Bylaw

Thank you for your email received earlier today outlining the last step our company needs to take prior
to being considered for a Cannabis Business License.

Please accept this letter as notice of our companys intention to remove the graphics/frosting from the
front door window of our dispensary located at #106 601 Front Street (basement of the Front Street
Emporium) so as to allow the building inspector to see through the window, unobstructed, into our
business and fully comply with the signage requirements of the cannabis business license bylaw.

As of tomorrow, April 27 2017, I will be instructing our office manager to make arrangements to have
the signage removed, forthwith, in anticipation of councils decision on our application during the
meeting scheduled for May 1 2017.

As well, we have arranged to have 2 staff members working at all times (including one manager) as per
the requirements of the cannabis business license bylaw.

Please let me know if there are any additional questions or concerns.

Sincerely,

Jim Leslie
Executive Director
The Kootenays Medicine Tree Inc.
#106 601 Front Street
Nelson, B.C.
V1L 4B6
250-352-0961 (Office)
778-984-4420 (Cell)
 MMJ IPRIO INC.

8265 Main Street

Vancouver, B.C.

V5X 3L7

April 26, 2017

Dear Ms. Mierau and Development Services Council for the City of Nelson,

Thank you for taking the time to review our application submitted April 10th, 2017 for a retail
marijuana dispensary storefront. We are happy to hear that Council is moving forward with our
application on May 1st. We are willing to comply with all of the business license requirements
that is requested by the City of Nelson to operate in a safe and responsible manner. We have
submitted a 13 pages security plan with our application from Tesseract Security Consulting Inc.
that was ultimately submitted and approved by the City of Vancouver which we intend to
replicate once a business license has been granted to our location at 752 Vernon Street in
Nelson. We have recently signed a purchase agreement for 752 Vernon Street with a condition
that we obtain a business license to operate. Hence, we have no proof of a security alarm for
the current location. We have attached to our application a 12 page Security System detailing
all system requirements including Security Camera, Video Storage, Video Recorder, Resolution
and Type of Camera, Video Analytics, Monitoring (Fire and Smoke, Window, Door) and the type
of Alarm that we will install which is DSC/Honeywell Alarm Interconnect for all of our current
locations in Vancouver. We intend to use the same supplier, Total 1 Security (604-715-6467-
Wayne Smith) or other security firms permitted/license by the City of Nelson, to monitor our
security and provide threat and risk assessments on a frequent basis to ensure the safety of our
staff and patients.

In addition, we intend to use the Excel Odor Eliminator- Multi Tray Charcoal Filter at this location
as this unit is scaled to operate with this square footage. The specifications are as follows:

Dimensions: 50H x 25W x 22D

Weight without Charcoal: 175lbs

Charcoal: Custom Shaled Coconut (55lbs) Filter 1: 1 High-Strength Dual-Ply Card board
Frame, 0.17 W.G., Synthetic Media Composition, 88% Air Arrestance

Filter 2: 4 Pleated Panel High-Strength Beverage Board Frame, 1 W.G., MERV 11, Synthetic
Media Composition, 95-98% Air Arrestance

Blower: Fasco D701, 115V 60Hz, 1/5-1/2 HP, 1075 RPM 2 Speed, 3.3A Low Speed - 7.7A High
Speed

I have attached a PDF file for your review.

www.mmjcanada.ca info@mmjiprio.com 1-844-MMJ-2DAY

 MMJ IPRIO INC.

8265 Main Street

Vancouver, B.C.

V5X 3L7

We will work with the City of Nelson to ensure all requirements are met prior to operating the
storefront location.

Thank you once again for reviewing our application. Should we be of further assistance, please
contact our main office line below.

Sincerely,

Shawn Dang | Chief Financial Officer

604-630-8806 | shawn@mmjiprio.com | www.mmjiprio.com

8265 Main Street Vancouver BC V5X 3L7

Executive Assistant: Tina Duong | info@mmjiprio.com | 604-630-8806 | TF 866-287-2524

www.mmjcanada.ca info@mmjiprio.com 1-844-MMJ-2DAY