A new business licensing bylaw that will essentially ban the sale of drug paraphernalia within the municipality by next year has been given approval in principle by Esquimalt council.

The draft bylaw will be forwarded to the business community and the public for comment before further consideration by council this fall.

article continues below

Key among the suggested changes is a prohibition on shops that sell drug paraphernalia from operating within a three-kilometre radius of elementary, junior or high school grounds.

Esquimalt staff confirmed Monday that there are no commercially zoned properties within the seven-square kilometre township that are not within three kilometres of a schoolyard.

“I really think that’s a very strategic and a very appropriate way to go on that,” Coun. Tim Morrison said.

But Ryan Place, owner of The Bong Warehouse in the 1300-block of Esquimalt Road, who won’t be able to get a business licence if the bylaw passes, strongly disagreed.

“That’s ridiculous,” Place said when told about the proposed change.

“I can understand across the street [from a school], but three kilometres? Is Esquimalt even three kilometres across?”

Mayor Barb Desjardins said coming up with an adequate definition of drug paraphernalia could be difficult. Coun. Lynda Hundleby wondered whether the bylaw language might have to be changed so as not to prohibit licensed pharmacies from selling some pharmaceutical supplies.

Morrison said the concerns can be addressed with an appropriate definition.

While most businesses would pay annual licence fees of $100 to $200, some — such as pubs, liquor sales outlets and bulk-oil storage facilities — would have to pay $2,000.

“I think it’s really important that we be perceived that we are open for business — but that we have standards, too,” Desjardins said.

She said the goal is to update the existing bylaw, in effect since 2001.

In 2009, Desjardins raised concerns about convenience stores selling items such as glass tubes and chunks of steel wool that can be used for smoking crack. She was told there was little the municipality could do about the sales of the items, as they are legal.

Last year, Esquimalt made national news when staff were asked to investigate whether it could regulate the use of mascots after The Bong Warehouse began using a mascot dressed as a bong. A staff report on that is due soon.

Place said he’s just a businessman, trying to make a living.

“I think they should be worried about every second house being a crack house in some neighbourhoods rather than people selling medical devices for people interested in natural healing and natural pain relief [from marijuana].”

bcleverley@timescolonist.com