Council requires name change in approving company's cannabis store plans

GAYLORD — A vote by the Gaylord City Council has settled a dispute between two organizations that have devoted resources to building a brand involving the word rise — at least for the moment.

Acting on a recommendation from the planning commission, council members on Monday night approved a site plan/special use permit for a company that wants to open a retail marijuana operation in the former Ponderosa restaurant building on West Main Street.

However, the site plan/special use permit includes a stipulation that the company must adopt a different name from the Rize moniker it now uses on other cannabis outlets in the state.

The stipulation came after a local group called Rise, which advocates a substance-free lifestyle for youth, objected to the Rize name for the dispensary. 

Officials with Rise believe that a marijuana business called Rize would cause confusion, especially among young people in the area, noting that the organization has been around since 2018 and now has a distinctive logo and brand that appears on t-shirts and other products.

The people behind Rize, the marijuana business, noted that someone needs to be at least 21 years old to enter its store and contends the use of a z in their name would be enough to distinguish it from the local group.

Jack Turner, a lawyer representing Rize, told the council that the planning commission may not have the authority to include the name provision in its recommendation and the matter may be best suited for a court to decide.

City attorney Paul Slough believes that while it's not convenient for the business to use another name, it is feasible.

"From a legal perspective (the) planning commission and the council can impose a condition like this," Slough said.

Even an offer from the people behind Rize to pay money to the local Rise group to change its name failed to dissuade the planning commission or the council. A spokesman for Rise said "we cannot accept that money."

Council also signed off on a site plan/special use permit for the following marijuana retail businesses:

• Oak Flint Bostic at 710 Edelweiss Village Parkway
• The Wellflower at 2455 S. Otsego Ave.
• Great Lakes Exotics at 2625 S. Otsego Ave.
• Skymint at 737 W. Main St.
• Golden Rockies at 115 S. Wisconsin Ave.

Council also approved an application for a marijuana establishment for the following:

• Pincanna at 2066 S. Otsego Ave.
• The Cherry Pit at 975 N. Center Ave.
• Great Lakes Exotics at 820 W. Main St.
• Great Lakes Exotics at 2625 S. Otsego Ave.
• Dunegrass at 2678 S. Otsego Ave.
• Highwire Farms at 1275 Mankowski Road

A spokesman for Great Lakes Exotics said the company intends to tear down the former Clark gas station at 820 W. Main St. that has been vacant for years and construct a new building that will include a drive-thru.

In other matters:

• Council accepted the resignation of Taylor Sides who represents Ward 2. She and her husband, expecting their first child, have purchased a home outside of the city. Her term expires in December 2023. Slough said council has 60 days to fill the vacancy.
• City manager Kim Awrey said Gaylord is scheduled to receive about $385,000 in coronavirus recovery funds. The city will receive half of that amount by the beginning of October and has until 2024 to spend the money, Awrey said.