The City of West Kelowna was entitled to cancel two cannabis dispensaries香蕉视频直播� 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.

香蕉视频直播淭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,香蕉视频直播� communications supervisor Kirsten Jones said in a statement.

In response, the two pot shops challenged the validity of the bylaws.

香蕉视频直播淭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,香蕉视频直播� Jones said.

Black Crow obtained a business licence from the City of West Kelowna in October 2014香蕉视频直播攆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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READ MORE: West Kelowna pot shop says it will stay open

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 Crow香蕉视频直播檚 October 2014 licence application did not say it was a retailer, but rather a compassion club.

香蕉视频直播淲e are a private compassion club dedicated to providing safe access to medical marijuana to qualified patients,香蕉视频直播� the application read. 香蕉视频直播淲e also provide information, literature and doctor referrals.香蕉视频直播�

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.

READ MORE: Feedback: West Kelowna taking on pot dispensaries

But that香蕉视频直播檚 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 outlets香蕉视频直播� 香蕉视频直播渇lagrant disregard香蕉视频直播� 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 Cannabis香蕉视频直播� petitions were dismissed.

The judge declined the City of West Kelowna香蕉视频直播檚 order for special costs.

香蕉视频直播淭here is no suggestion here that there was misconduct in the litigation,香蕉视频直播� the judge wrote in the decision. 香蕉视频直播淎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.香蕉视频直播�

The courts awarded the city the legal costs香蕉视频直播攁 total that has yet to be determined香蕉视频直播攂ut the city isn香蕉视频直播檛 done yet.

香蕉视频直播淭he city will be pursuing legal action to collect the fines due stemming from a separate legal action against these two businesses,香蕉视频直播� Jones said. 香蕉视频直播淭he total fines are $74,000 for Black Crow and $76,000 for Okanagan Cannabis Solutions.香蕉视频直播�

Caitlin.clow@kelownacapnews.com
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