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Home My WebLink About2023 Local Law #3, Zoning Amendment Cannabis Business BE IT ENACTED by the Town Board of the Town of Danby, County of Tompkins, State of New York, as follows: SECTION 1. PURPOSE AND INTENT This local law is intended to: (i) integrate basic rules for cannabis consumption businesses and facilities to treat them like taverns for zoning purposes, but subject to certain minimal additional site planning rules; (ii) integrate basic rules for cannabis retail businesses and facilities to treat them like other retail establishments for zoning purposes, but subject to certain minimal additional site planning rules; (iii) add definitions for such businesses and amend certain other definitions to make clear that cannabis establishments cannot be cottage industries, home occupations, or membership clubs or lodges under town zoning; and (iv) to add a new § 713 to Article VII to implement special siting rules for cannabis retail and cannabis consumption businesses located within the Town of Danby. SECTION 2. AUTHORITY This Local Law is adopted pursuant to the powers granted by §§ 261 and 263 of the Town Law of the State of New York, and Municipal Home Rule Law § 10, which authorize the Town of Danby to adopt zoning provisions and local laws that advance and protect the health, safety and welfare of the community. SECTION 3. ZONING AMENDMENTS A.Article VII is amended to add a new § 713 as follows: Section 713 – CANNABIS RETAIL AND CANNABIS CONSUMPTION BUSINESSES AND LAND USES. 1.Cannabis Retail and Cannabis Consumption businesses shall only be permitted in Commercial Zones, Hamlet Neighborhood Zones (on corner lots), and Hamlet Mary Ann Barr 2021 T he Town of Danby, New York 1830 Danby Road, Ithaca, NY 14850 https://danby.ny.gov Janice Adelman, Town Clerk Cindy Katz, Deputy Town Clerk +1-607-277-4788 | clerkoffice@danby.ny.gov !"#$% !$& '" () "* +(+), -./01./023 2" 4"&0 5"0607 !$& *"8 9$00$:63 ;/2$6% $01 9"03<.=26"0 >32$:%63?./023 $01 @<360/33/3 Town of Danby, NY Local Law 3 of 2023 Amending Zoning Law for Cannabis Businesses Center Zones, and in each such location such uses shall be required to meet the following additional site plan requirements: a.Provisions shall be made and demonstrated that mitigate or remove any potential for objectionable odors to the reasonable extent possible, including through air filtration, deodorization, or like technologies. b.Signs shall be suitable for the site where the business or use is located in terms of colorization and content, off-premises signage is prohibited, and the signs shall blend with surrounding uses. By way of example and not limitation, businesses and uses in hamlet areas shall have signs that blend with rural hamlet and small craft oriented businesses. All signs shall be deemed “advertising” as used and referenced in the New York State Cannabis Law and its implementing regulations, and all signs shall comply with state-mandated rules and regulations pertaining to cannabis advertising, packaging, and marketing. c.Drive-through and curb-side services are prohibited. d.All cannabis businesses and uses shall otherwise comply with New York State law in terms of permitting, permit conditions, and operational conditions, restrictions, and parameters. B.Appendix I is amended by amending certain definitions and adding new definitions, as follows: 1.The definition of “COTTAGE INDUSTRY” is amended by adding the following sentence to the end thereof: “No Cannabis Retail or Cannabis Consumption business or land use is or shall be classified as a Cottage Industry under this law.” 2.The definition of “HOME OCCUPATION” is amended by adding the following sentence to the end thereof: “No Cannabis Retail or Cannabis Consumption business or land use is or shall be classified as a Home Occupation under this law.” 3.The definition of “MEMBERSHIP CLUB OR LODGE” is amended by adding the Page 2 of 4 Town of Danby, NY Local Law 3 of 2023 Amending Zoning Law for Cannabis Businesses following sentence to the end thereof: “No Cannabis Retail or Cannabis Consumption business or land use is or shall be classified as a Membership Club or Lodge under this law.” 4.A new definition for “CANNABIS RETAIL” is added as follows: CANNABIS RETAIL - A business operating pursuant to a license issued pursuant to the New York State Cannabis Law that authorizes the retail sale of adult-use cannabis to cannabis consumers, and including any facility, building, portion of a building or structure, or land use that engages in the state-licensed retail sale of cannabis products, including as defined by the New York State Cannabis Law (and its implementing regulations). This definition includes both direct to consumer sales or transactions and sales or transactions evincing an intent to solicit or receive an order for, to keep or expose for sale, or to keep with intent to sell or convey any cannabis product or packages containing THC (tetra hydrocannabinol) above regulatory thresholds to a cannabis consumer or purchaser for any purpose other than resale. Such definition includes all operations by any Cannabis Retailer as defined in the New York State Cannabis Law (and its implementing regulations). Cannabis Retail uses and facilities shall follow rules for allowed uses for retail businesses and uses and shall be permitted wherever general retail uses are permitted, subject to lawful possession and maintenance of a state permit and the restrictions and conditions applicable to such location or zone. 5.A new definition for “CANNABIS CONSUMPTION” is added as follows: CANNABIS CONSUMPTION - A business operating pursuant to a license issued pursuant to the New York State Cannabis Law that authorizes the consumption of cannabis in an area specified in such license, including any facility, building, portion of a building or structure, or land use that engages in the state-licensed sale or use of cannabis for the purposes of on-site consumption of THC (tetrahydrocannabinol)-containing cannabis products, including as defined by the New York State Cannabis Law (and its implementing regulations). This includes but is not limited to the smoking of any matter or substance containing THC, including aerosols and vapors. Cannabis Retail uses and facilities shall follow rules for allowed uses for taverns and shall be permitted wherever a tavern use is permitted, subject to lawful possession and maintenance of a state permit and the restrictions and conditions applicable to such location or zone. Page 3 of 4 Town of Danby, NY Local Law 3 of 2023 Amending Zoning Law for Cannabis Businesses SECTION 4. SAVINGS AND EFFECTIVE DATE The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional must not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which must remain in full force and effect. This Local Law shall take effect immediately. Town Board Roll Call Vote To Approve Local Law 3 of 2023 on 4 April 2023 Councilperson Aye Nay Absent Connors X Hunter X Weissburg X Woodworth X Gagnon X I, Janice Adelman, do hereby certify that the above local law was passed at a meeting of the Town of Danby held on 4 April 2023 via Resolution 102 of 2023, is incorporated in the original minutes of said meeting, and, that said resolution to approve Local Law 3 of 2023 has not been altered, amended, or revoked, and is in full force and effect. Janice Adelman Town Clerk Official Seal of Municipality Page 4 of 4