BANFF ­– Banff could potentially see about 12 pot stores once recreational cannabis becomes legal in Canada on Oct. 17 – but there are caveats that go along with that. On Monday (Sept.

BANFF ­– Banff could potentially see about 12 pot stores once recreational cannabis becomes legal in Canada on Oct. 17 – but there are caveats that go along with that.

On Monday (Sept. 10), council gave second and third reading to a bylaw to set the legislative framework for storefront cannabis retail in Banff, but changed the separation distance between pot retailers from 100 metres to 30 metres.

Town development planner Dave Michaels said the municipal bylaw requiring cannabis stores be located at least 30 metres apart would likely allow a maximum of approximately 12 stores in the downtown commercial district.

“With the requirement that stores can’t contain a window that faces a sidewalk or lane, the other separation distances in the bylaw and the availability of commercial space in Banff, it is unknown if this theoretical maximum could be reached,” he said.

Cannabis stores would not be permitted on street level facing the sidewalk. Basements and second storey locations would be OK, as would street level sites with no windows facing a sidewalk or lane, such as within malls.

Along with Alberta provincial regulations requiring a distance of 100 metres of a cannabis retail store from a school or health care facility, the municipal bylaw sets a 100-metre distance from a daycare or playground as an additional requirement.

The bylaw proposed 100 metres between each cannabis retail store, but council changed that to 30 metres following feedback from the business community during a public hearing in August.

The intent of spatial separation between pot retailers is to prevent a clustering of cannabis stores – a so-called green mile – to protect the look and feel of the national park tourist town.

Councillor Corrie DiManno said she believed 100 metres was too restrictive for businesses wanting to open cannabis stores, suggesting 30 metres was more appropriate and would still prevent a couple of stores in a row from opening.

“I think that a big separation distance could work in cities, but I don’t think it’s applicable here in Banff where the CD (commercial downtown) district is so small,” she said.

“If there’s not enough retailers in the Banff market, then we’ll see the underground market continue to thrive and that is counterproductive to legalization.”

DiManno said a 30-metre separation might help alleviate some unease within the business community over the potential for applications to be dealt with through a random lottery system.

“It might be less stressful knowing the distance between you and your competitor is going to be smaller and therefore you have a greater chance of opening up shop here,” she said.

Councillor Peter Poole, who did not support the bylaw in the end, said he was more comfortable with 100 metres separation distance, though he could have lived with 75 metres.

He was also unsuccessful in his attempt for council to consider a separation distance between cannabis stores and the Banff Public Library, SPACE Lab and Scout Hall – all places children and youth visit.

“I think there’s going to be abundant supply to meet a free market in this valley,” he said.

Councillor Grant Canning said he was concerned Banff may end up with only one or two cannabis stores given the municipal and provincial restrictions combined.

“It’s been an interesting challenge because, for me, it’s always been about finding a balance between proliferation of cannabis shops in town versus still maintaining competition,” he said.

The new bylaw won’t come into effect until the federal minister responsible for Parks Canada, Catherine McKenna, signs off on it.

Michaels said the Town has been waiting for confirmation on when this might be, but it won’t be before Oct. 17.

“We are unable to confirm when we will be accepting applications until we have confirmation from Parks Canada as to when they may sign off on the bylaw,” he said.