An Okotoks cannabis store can proceed after an appeal concerning the establishment being “adult entertainment use” was denied. The Okotoks Subdivision and Development Appeal Board (SDAB) rejected Calgarian Cameron Gilbert’s appeal that Mark Frank’s proposed Smiley’s Cannabis and Budz retail store may be adult entertainment on Sept. 18. Gilbert, who is a director with Micro Gold Cannabis Corporation, has shown an interest in establishing a cannabis retail store at 220 North Railway St., just east of Frank’s retail store located in the same mall as Millennium Lanes and Okotoks Cinemas. Frank said the appeal held up his aim to open Smiley’s by Oct. 17, the day cannabis is legalized across Canada, back substantially. “We unfortunately had to go through this process, which probably would have been resolved if the gentleman (Gilbert) according to his inquiry would have just called the planning department and then everything would have been fine,” Frank said. He added he was pleased the SDAB turned a quick decision, five days after the Sept. 13 hearing, rather than the possible 15 days. “It was due process — if he has a complaint he gets to lodge it,” Frank said. “I am very pleased with the Town that they understood what the complaint was and that they made that decision as fast as they did.” The appeal was the first hearing concerning cannabis retail in Okotoks’ history. Still, opening by Oct. 17 may have gone up in a puff of smoke. “It’s going to be a push, I don’t think we can make it now,” Frank said. “There is a lot of specialty building that has to be done inside — a lot of rules, specialty things, inspections and regulations. “When you build it, you want to build it right and proper. “It’s a draining process. Anyone who gets a store, I congratulate them. I know the process to try and do this.” The SDAB rejected Gilbert’s appeal after reviewing the definitions for a retail cannabis store, retail store, liquor store and adult entertainment use. The decision stated the definition of adult entertainment use “is focused on adult activities of a sexual nature and gambling, not the sale of products consumed by adults... the board finds the development officer correctly interpreted the definitions in the LUB (land-use bylaw) in determining that the proposed development falls within the definition of a retail cannabis store.” The board stated the standards for adult entertainment use were not applicable for Smiley’s.
