emergency situations requiring Council direction where time does not permit holding a special meeting of Council and/or quorum of Council cannot physically convene to consider a matter. The results of a poll must be confirmed and ratified at the next public meeting of Council”.
Discussion:
On May 27, 2020, the City of Windsor received a request for written submissions regarding an application for a Cannabis Retail Store Authorization at 1550 Huron Church Rd. from the Alcohol and Gaming Commission of Ontario (AGCO).
Submissions are provided to the Applicant for response and considered by the Registrar in the authorization decision.
Under the provisions of the Cannabis License Act, 2018, municipalities have 15 days to deliver written submissions. Administration gathered comments and compiled them in the attached administrative report dated May 26, 2020 with comments due to the AGCO by June 10, 2020.
Given the tight timelines, Mayor Dilkens authorized the Deputy City Clerk to conduct an email poll pursuant to Section 3.7 of the Procedure By-law 98-2011.
During this email poll, a member of Council asked if the proposed location does in fact violate the city’s policy.
George Robinson, the author of the subject administrative report, provided the following in response to that question and to clarify:
“The proposed store location does not directly conflict with the Cannabis Policy Statement. The statement does include the general term that “retail cannabis stores are discouraged where nearby properties are servicing youth and vulnerable individuals” but that statement is general guidance and not a specific prohibition. For example, there is no required separation distance for nearby properties are servicing youth and vulnerable individuals included in the Cannabis Policy Statement. Administration mentioned it in the conclusion of the report for Council's consideration due to the ambiguity of the Cannabis Policy Statement since it was noted as a concern by the Community Development & Health Services Department”.
As a result of the poll, the recommended resolution to support the retail cannabis application was passed by all members of Council, save and except Mayor Dilkens who voted in opposition to the application.
Risk Analysis:
In light of the ongoing COVID-19 pandemic, and the rapid rate at which the situation is changing, the attached administrative report was put forward for Council’s consideration via email poll as it was an emergency situation requiring Council direction given that time did not permit holding a special meeting of Council given the AGCO’s requirement for a response within 15 days.