A prospective cannabis retailer in Okotoks wanted a definition of adult entertainment use during his appeal last week against a future marijuana store – and potential competitor – in town. Cameron Gilbert, principal owner of Micro Gold Cannabis Corporation, appealed the development permit for Smiley’s Cannabis & Budz, located at 100 Stockton Avenue, the same mall as Okotoks Cinemas. The Calgarian Gilbert’s appeal was based on Smiley’s possibly falling within the definition of “adult entertainment” and as a result it should face the restrictions in place for adult use. “I am only here to clarify what we feel is a degree of ambiguity in Bylaw 40-98, it is not clear whether a cannabis retail store is an adult entertainment use or for that matter whether a liquor store is adult entertainment use,” Gilbert said at an Okotoks subdivision and development appeal board hearing Thursday. He added if they are both adult entertainment uses, minimum spacial separation between bays may come into play. “I just want clarification,” Gilbert said. He told the board in no way was he trying to “tear their (Smiley’s) business apart.” Gilbert's appeal against Smiley's was denied by the SDAB it was announced on Sept. 18. The Sept. 13 hearing was the first appeal concerning a cannabis retail store in Okotoks’ history. Adult entertainment is defined in land-use bylaws as adult mini theatres, erotic dance clubs, adult video stores, body rub centres or casinos. A retail cannabis store means a retail store licensed by the Province. Mark Frank, owner of Smiley’s, presented a package from his lawyer to the board showing Micro Gold had sent a letter to the Town with a request amending a land-use bylaw for a proposed cannabis retail store at 220 North Railway Street – just east of the mall with the bowling centre, the cinemas and the proposed Smiley’s. Frank’s package indicated Gilbert did not disclose in the appeal application he was the principal of Micro Gold (the board adjourned to read the package after it was dispersed). “The appellant (Gilbert) argues that Smiley’s falls within the definition of adult entertainment use,” Frank told the board. “The fact that a retail cannabis store sells product to adults does not mean it is adult entertainment use.” Frank added the appellant has not indicated how he is affected and asked how ‘a citizen of Calgary, not Okotoks, is affected by this development?” He said because of the appeal he will likely not be able to open by Oct. 17, adding Smiley’s would have likely been the only cannabis retail store to open by that date. “The appeal has cost us five weeks of very valuable time,” Frank said. He added if Gilbert did win the appeal, Micro Gold’s proposed store would also be deemed adult entertainment use. “This appeal therefore was not designed to be won,” Frank said. “This is nothing more than a nuisance complaint designed to delay.” After reading Frank’s submission, appeal board member Gerry Melenka asked Gilbert how he is affected as an individual living in Calgary. Gilbert’s representative, Shannon James, said Gilbert, as an applicant himself, could be affected by the outcome of the appeal. The SDAB rejected Gilbert's appeal after reviewing the definitions for a retail cannabis store, retail store, liquor store and adult entertainment use. The decision stated the definition of adult entertainment use "is focused on adult activities of a sexual nature and gambling, not the sale of products consumed by adults... the board finds the development officer correctly interpreted the definitions in the LUB (land-use bylaw) in determining that the proposed development falls within the definition of a retail cannabis store." The board stated the standards for adult entertainment use were not applicable for Smiley's. [yop_poll id="13"]
