Temporary Use Permits (TUPs) for Cannabis Retail

July 2023 Update

Four applicants have been granted Temporary Use Permits (TUP) for cannabis retail, following a Council review of all applications during the June 20 Regular Council meeting.

A TUP is a municipal approval for a temporary land use outside the generally permitted land uses within the Zoning and Parking Bylaw 303, 2015. The Zoning Bylaw outlines five designated TUP Areas where Council may consider a TUP for cannabis retail: the Village, Village North, Creekside, Function Junction and Nesters Plaza.
The RMOW received ten applications for Cannabis Retail TUPs during the defined intake period. The process reviewed the applications against policy-established criteria addressing leadership in sustainability, community and social wellbeing, balancing community and visitor demand, commitment to reconciliation and future store employee needs.

All but the Nesters retail zone received applications. Interested applicants may still apply for a Temporary Use Permit for the Nesters Retail zone.

TUPs have been awarded to:

  • Village Centre area: This is Cannabis at #201 A&B, 4293 Mountain Square
  • Village North area: Main Street THC Canada Ltd at #115, 4368 Main Street
  • Creekside area: Spiritleaf Whistler at #103, 2011 Innsbruck Drive
  • Function Junction area: A Little Bud at #1, 1050 Millar Creek Road

Cannabis Retail Policy 

Cannabis Retail Policy G-27 outlines evaluation criteria to guide for the RMOW when reviewing applications for cannabis retail stores. Applications must be consistent with the Policy and follow an approval process by Council. The application guidelines and evaluation criteria set clear expectations and establish a transparent process.

Provincial Licence Referral 

In addition to the Cannabis Retail TUP and business licence from the RMOW, applicants will be required to obtain a Cannabis Retail Store licence from the Liquor and Cannabis Regulation Branch (LCRB).Successful TUP applicants have received supportive referrals to the Liqour and Cannbis Regulation Branch.

The municipal approvals process occurs in parallel to the provincial licensing process, similar to the approval process for liquor stores and pubs.

TUP Areas for Cannabis Retail 

Council can approve up to five cannabis retail stores, one in each defined TUP Area as outlined in Zoning Amendment Bylaw (Cannabis Retail) No. 2371, 2022

Instructions for interacting with the embedded map below. 

1. Click on any parcel in the TUP areas to get a property’s addressing and the zoning information.
2. Use the ‘Search’ box to locate properties in the TUP areas by address.
3. Use the ‘Bookmark’ tool to center the map on any of the specific TUP areas or to take the map view back to the start view.

Application Process

A cannabis retail business must be located in one of the five designated Cannabis Retail TUP areas. Only one cannabis business will be approved in each Cannabis Retail TUP area.

Proposed locations must also comply with all location requirements:

  • Located within one of the designated cannabis retail TUP Areas
  • Located at least 300 metres from any elementary or high school and Meadow Park Recreation Centre
  • Does not have frontage on the Village Stroll as shown in the Cannabis Retail TUP areas. 

If you are a commercial tenant, it is your responsibility to ensure the landowner consents to the land use. Also, staff recommend if there are other businesses on the property or adjacent that could be affected by your proposal, make sure that they are aware of your proposal. All properties within 30 metres, measured from the boundaries of any parcel lines to which the application pertains, will be notified about the Cannabis Retail TUP application in accordance with Land Use Procedures and Fees Bylaw No. 2205, 2022.

Schedule 2 ‘Submission Requirements’ of Cannabis Retail Policy G-27 includes a list of materials which need to be submitted as part of a Cannabis Retail TUP application. Applicants should review and consider these evaluation criteria closely when making an application submission. Incomplete applications will not be accepted.

In addition to the location requirements, the Cannabis Retail Policy includes criteria for evaluating Cannabis Retail TUP applications, including:

Apply for a Cannabis Retail Store licence from the LCRB. Cannabis Retail Store licences will be referred to the RMOW as part of the approval process.

Be sure to review the complete list of application requirements in Schedule 2 ‘Submission Requirement’s of Cannabis Retail Policy G-27 before submitting your application. Incomplete applications cannot be accepted. An applicant may apply for only one cannabis retail store in Whistler. 

The RMOW will accept Cannabis Retail TUP applications starting Monday, February 13, 2023 at 9:00 a.m. until Monday, March 13, 2023 at 4:00 p.m. Applications can be submitted via email to planning@whistler.ca or dropped off in-person to the Planning Department in Municipal Hall. 

Note: an application with the LCRB must be made prior to the TUP application.

Applicants may require other permits including a Development Permit, Sign Permit and/or Building Permit in addition to a Cannabis Retail TUP. Applicants will also need a business licence after receiving a Cannabis Retail TUP and Cannabis Retail Store licence from the LCRB

Additional permit applications can be made after Council has approved the Cannabis Retail TUP.

Once the application period closes, all complete applications will be evaluated based on the application evaluation criteria outlined in the Cannabis Retail Policy. The RMOW will review submissions accepted in the defined intake period with a batched simultaneous evaluation process.

Up to five cannabis retail locations will be considered across Whistler as outlined in Zoning Amendment Bylaw (Cannabis Retail) No. 2371, 2022. The RMOW will review, evaluate and prioritize applications based on the evaluation criteria outlined in the Cannabis Retail Policy Section 5.4 Application Evaluation Criteria.

For approved TUP applications, the RMOW will respond to the LCRB referral for the Cannabis Retail Store Licence with a letter of recommendation. Staff will recommend all other applications remain on file to be brought forward, should any of the prioritized applications not be able to proceed.

All approved Cannabis Retail TUP applicants will also be required to obtain a business licence. Additional permits, such as a Development Permit, Building Permit or Sign Permit, may be required.

Council Links

Council Policy

Public Hearing 

Presentations and Reports

Frequently Asked Questions

Council can consider a cannabis retail store in each of the five areas shown in the Zoning and Parking Bylaw No. 303, 2015 Part 5 General Regulations, Section 34. Temporary Use Permits for the Retail Sale of Cannabis.  

A TUP can authorize a use which does not conform to the relevant zoning bylaw. It also establishes general conditions under which the temporary use may be carried out. 

Applicants need a licence from the LCRB, as well as the RMOW, to operate. The LCRB will not process a provincial cannabis retail licence application for a location in Whistler until a recommendation from the RMOW is received. Find information about the LCRB’s non-medical cannabis licences and how to apply on their website

Applicants will require an RMOW business licence. In some cases, a Development Permit and Sign Permit may also be required.

A TUP could be issued to allow retail cannabis use for a term of up to three years.  A TUP can be renewed once for an additional three-year term.

The TUP application fee is $4,700, and the Cannabis Retail Store Licence referral fee is $2,000. If your TUP for a cannabis retail establishment is approved, a business licence application is required with an annual licensing fee of $190.

An applicant can apply for only one cannabis retail store in Whistler.

You can submit an application starting Monday, February 13, 2023 at 9:00 a.m. The application period closes Monday, March 13, 2023, at 4:00 p.m. Applications can be submitted to planning@whistler.ca or in-person at Municipal Hall.

Yes, a TUP or business licence for retail cannabis can be cancelled or revoked if the terms and conditions of the business licence or the TUP are not met or if bylaw infractions occur.  

Contact

cannabis@whistler.ca

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