The City of West Kelowna was entitled to cancel two cannabis dispensaries91裸聊视频� business licences, a . The city was awarded its legal costs and now it will pursue further legal action against Black Crow Herbals Association and Okanagan Cannabis Solutions Society to collect fines totalling $74,000 and $76,000 respectively.
91裸聊视频淭he city originally sought a court order to close down these two dispensaries after they refused to comply with the Business Licence Bylaw and the Zoning Bylaw,91裸聊视频� communications supervisor Kirsten Jones said in a statement.
In response, the two pot shops challenged the validity of the bylaws.
91裸聊视频淭he dispensaries also argued that because they had been operating before the bylaw changed, they ought to be permitted to continue as a lawful nonconforming use,91裸聊视频� Jones said.
Black Crow obtained a business licence from the City of West Kelowna in October 201491裸聊视频攆our years before the federal government legalized the recreational use of marijuana. The shop, which was registered under the provincial Societies Act, operated the retail storefront on Westgate Road, while its second location, the Okanagan Cannabis Solutions Society operated on Main Street with no business licence.
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It was registered as a non-profit society, as non-profits do not require business licences from the city.
Mike Cain, a senior bylaw officer for the City of West Kelowna, said Black Crow91裸聊视频檚 October 2014 licence application did not say it was a retailer, but rather a compassion club.
91裸聊视频淲e are a private compassion club dedicated to providing safe access to medical marijuana to qualified patients,91裸聊视频� the application read. 91裸聊视频淲e also provide information, literature and doctor referrals.91裸聊视频�
In October 2017, city council stripped the store of its business licence based on a staff recommendation, as the store was operating contrary to the Criminal Code and several city bylaws. A letter was sent to Black Crow less than a week later warning the operators that enforcement action would follow if the retailer continued to keep the shop open.
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But that91裸聊视频檚 what it did. Cain followed up with both the store and the society and in early November 2017, observed they were both still operating.
The dispensaries, as they described themselves, reapplied for business licences a month later on Dec. 18, but Cain denied them as they were still in breach of the Criminal Code.
When the case was brought to the B.C. Supreme Court, the city sought payment for the marijuana retail outlets91裸聊视频� 91裸聊视频渇lagrant disregard91裸聊视频� for the bylaws, including zoning bylaws.
The court said the city would have to apply for an enforcement order if necessary and the Black Crow and Okanagan Cannabis91裸聊视频� petitions were dismissed.
The judge declined the City of West Kelowna91裸聊视频檚 order for special costs.
91裸聊视频淭here is no suggestion here that there was misconduct in the litigation,91裸聊视频� the judge wrote in the decision. 91裸聊视频淎s to the flouting of the bylaws, the city itself played at least some role, for a time, in leading the respondents to believe they could carry on business as they did, and the points raised by the respondents were not frivolous.91裸聊视频�
The courts awarded the city the legal costs91裸聊视频攁 total that has yet to be determined91裸聊视频攂ut the city isn91裸聊视频檛 done yet.
91裸聊视频淭he city will be pursuing legal action to collect the fines due stemming from a separate legal action against these two businesses,91裸聊视频� Jones said. 91裸聊视频淭he total fines are $74,000 for Black Crow and $76,000 for Okanagan Cannabis Solutions.91裸聊视频�
Caitlin.clow@kelownacapnews.com
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