6A • January 29, 2016 | Cannon Beach Gazette | cannonbeachgazette.com
Council considers impact
of pot outlets on schools
Zoning from Page 1A
city could select certain
parks to buffer.
“We would have to make
“They could be approved
administratively,
unless some logical explanation
someone goes into an exist- about why we treated one
ing building and makes exte- differently than another – a
rior changes,” Barnes added. playground vs. the beach, for
“The changes would go to instance,” Barnes said.
During the discussion,
the design review board, and
there would be a public hear- Vetter suggested that the
ing to determine whether the council should “not take fur-
changes meet regulations. ther steps to stop this.”
Because local voters over-
We have a pretty tightly writ-
whelmingly voted to legalize
ten sign code.”
House Bill 3400, the Or- marijuana use, the Oregon
egon legislation that makes Liquor Control Commission
it legal to possess, grow and will regulate the sales and
sell marijuana, prohibits Cannon Beach is so small,
medical marijuana dispensa- “I’m not convinced we need
ries and recreational marijua- to do anything,” Vetter said.
“I’m not sure this town
na retailers and wholesalers
within 1,000 feet of a school. can support a year-round
This would include private business, and I don’t see that
and public schools where at- we should spend too much
time on this,” he added.
tendance is mandatory.
But Mayor Sam Steidel
The required buffer
wouldn’t apply to either the said a buffer should be put
Cannon Beach Preschool in place to “protect us” if
and Day Care Center or the the council allows marijuana
preschool at the Cannon sales in town.
City Councilor Mike
Beach Conference Center
because attendance at those %HQH¿HOGH[SUHVVHGFRQFHUQ
facilities is optional, Barnes that marijuana outlets would
impact the “character of the
said.
Because Cannon Beach town.”
“I’m not sure that people
doesn’t have a school, the
buffer wouldn’t apply. How- who voted to decriminalize
ever, once the proposed Can- marijuana envisioned stores
non Beach Academy char- RQ WKH VWUHHW´ %HQH¿HOG
ter school opens, the buffer said.
Councilor Melissa Cad-
would go into effect and
engulf all of midtown. The wallader suggested that the
council de-
RV Park gas
cide which
station and
locations
store, and a
‘I’m not
the outlets
parcel owned
convinced
should
be
by Coaster
limited
to
Properties on
we need to
and then let
the east side
do anything.
them be sub-
of the high-
I’m not sure
ject to state
way, as well
regulations.
as downtown
this town can
Steidel
and Tolovana
support a year- noted
that the
wouldn’t be
round business, city’s busi-
impacted by
ness license
the buffer.
and I don’t
regulations
The acad-
see that we
prohibit sales
emy’s charter
of
items
recently was
should spend
banned
by
approved
too much
federal law,
by the Sea-
time on this.’
including
side School
marijuana.
Board.
If
City Councilor
City Man-
the
school
ager Brant
can
meet
George Vetter
Kucera asked
conditions
the council
the
board
attached to the charter’s ap- if it wanted to change the
proval, the academy’s board business license. Leaving it
plans to open it in the fall. alone, at least until the courts
However, the proposed lo- rule on the question, would
cation needs to be remodeled provide “perfectly good pro-
and hasn’t yet received an tection right there,” Kucera
occupancy permit from the said.
“It’s all or nothing,”
city, Barnes said.
HB3400 allows cities Kucera told the council.
to impose other buffers. If Not changing the business
1,000-foot buffers are placed license “would ensure that
at the beach and around all nothing (marijuana stores)
of the parks would elimi- gets put in.”
However, he added, if
nate all possible locations for
marijuana outlets west of the even only one retail outlet
is allowed, the language
highway.
City Councilor George regarding the federal law
Vetter asked Barnes if the would have to be changed.
ROBERT CAIN LD,
Budtender claims he’s owed back wages
Manzanita
dispensary
owner refutes
claim, say
partnership
didn’t pan out
By Katherine Lacaze
EO Media Group
A former employee of
Oregon Coast Cannabis has
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Bureau of Labor and Indus-
tries alleging unpaid wages,
statutory overtime wages
DQG EHQH¿W SD\ EXW RZQHU
Andrew Buck said the com-
pany doesn’t owe the em-
ployee anything. The work
the employee performed,
Buck said, was part of an in-
vestment into the company.
Daegon McDonald, the
IRUPHU HPSOR\HH ZKR ¿OHG
the claim, alleges Buck
owes him about $370 for ex-
penses — such as gas used
to run errands in Portland
and Warrenton and money
spent purchasing materials
— and about $12,300 in
unpaid wages and statutory
overtime wages at a rate of
$15 per hour from Aug. 12
to Nov. 9. The labor bureau
is investigating the case.
“It’s a business relation-
ship that did not happen as
we would like,” Buck said.
“But we are certainly wish-
ing the best to them and we
do not wish to go into the
matter until the investiga-
tion has actually been set-
tled.”
Co-owner Hannah Hayes
said it is “somewhat of a
sensitive matter.”
“We really don’t have
much to say at this time
since it is still a pending in-
vestigation,” she said.
Dispensary opened
in September
The bureau sent a notice
of the wage claim in Decem-
ber to Buck, who opened
the Manzanita marijuana
dispensary with Hayes in
September. According to
the wage claim, McDonald
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was never paid for any of
the work he had done at Or-
egon Coast Cannabis, “even
though the business remains
open and continues to prof-
it.”
During his time with the
company, McDonald said,
he helped remodel the inte-
rior of the business, served
as a budtender, helped run
the company’s social media
pages, created schedules for
employees, helped create
an employee handbook and
worked as a direct assistant
to Buck.
“My employer has ig-
nored my questions regard-
ing when or if I will be paid
and even gave me a 72-hour
eviction notice for not pay-
ing rent,” McDonald stated.
Buck also was McDon-
ald’s landlord for a few
PRQWKV%XFN¿OHGWKHUHV-
idential eviction complaint,
naming McDonald as the
defendant, in Tillamook
County Circuit Court in
mid-December. Because of
alleged nonpayment of rent
from Sept. 1 to Nov. 1, Buck
claimed McDonald had to
move out of the apartment,
which has the same address
as Oregon Coast Cannabis.
The delinquent rent totaled
$1,800. However, in his re-
sponse to the bureau, Buck
alleged McDonald owes
$3,200 in back rent for re-
siding in the rental property
IRU¿YHPRQWKV
Circuit Court Judge Jon-
athan Hill gave a default rul-
ing in December in favor of
Buck, because McDonald
did not show up. McDon-
ald was given until Jan. 3 to
move out.
Claims he was
never fired
To support his wage
claim, McDonald includ-
ed evidence, such as shift
schedules, time records,
statements from witnesses
and other documents to sub-
stantiate his employment.
McDonald stated he never
ZDVIRUPDOO\¿UHGEXWZKHQ
he showed up for work one
day, the locks were changed
and the “employer refuses
to talk about it.”
Buck did not disagree
McDonald worked at Or-
egon Coast Cannabis be-
tween August and Novem-
ber, but he stated McDonald
was not hired.
Rather, in an oral agree-
ment, McDonald “was sup-
posed to provide one year
sweat equity as part of his
parents’ investment,” which
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The Bureau of Labor and
Industries is conducting a
wage investigation to assess
what — if any — amount
of wages are actually owed,
according to communica-
tions director Charlie Burr.
“We make a determina-
WLRQ WR ¿QG LI ZDJHV ZHUH
actually owed,” he said.
If one of the parties does
not agree with the result of
the investigation and the
bureau’s
determination,
they can ask for a contested
case hearing in front of an
administrative law judge,
where both parties get to ar-
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included $24,000, Buck told
the labor bureau.
McDonald did not bring
$24,000 to the table and he
“stopped coming to work,”
Buck stated.
He said business partner-
ships do not pan out “fairly
regularly” in all industries.
“It just happens that
we’re in a contentious in-
dustry at this time,” he said.
“It’s an ongoing case that
we are in the process of set-
tling. At this time, there is
no violation on record, and
we wish the best to any in-
volved parties.”
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