[HISTORY: Adopted by the Town Board of the Town of Van Buren as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-2021 by L.L. No. 2-2021]
This article is enacted pursuant to the New York State Constitution and New York Municipal Home Rule Law § 10 and Cannabis Law § 131.
It is the intent of the Town Board of the Town of Van Buren to opt the Town out of hosting on-site cannabis consumption establishments within its boundaries.
The Town Board of the Town of Van Buren, County of Onondaga, hereby opts out of allowing on-site cannabis consumption establishments from locating and operating within the boundaries of the Town of Van Buren.
If a court determines that any clause, sentence, paragraph, subdivision, or part of this article or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this article or in its application to the person, individual, firm or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered.
This article shall take effect immediately upon filing with the New York State Department of State. Pursuant to Cannabis Law § 131, this article is subject to a permissive referendum and thus may not be filed with the Secretary of State until the applicable time period has elapsed to file a petition or a referendum has been conducted approving this article.[1]
[1]
Editor's Note: No valid petition requesting such referendum was filed.
[Adopted 11-3-2021 by L.L. No. 3-2021]
The words and terms used in this article shall have the following meanings:
CANNABIS RETAIL DISPENSARY
A physical location (i.e., storefront) in which a person of legal age can purchase cannabis and cannabis-related items for medical or recreational use.
PUBLIC PARK
An area to which the public is invited or in which the public is permitted.
Hours of operation for cannabis retail dispensaries shall be limited to the hours of 9:00 a.m. to 6:00 p.m.
Cannabis retail dispensaries shall only be located within the following zoning districts: General Business District, GB.
In addition to those prohibitions set forth in the Cannabis Law, cannabis retail dispensaries are prohibited within 500 feet of any public park.
The distances provided in this article shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the cannabis retail dispensary is to be located to the nearest point of the parcel of property or the land use district boundary line from which the cannabis retail dispensary is to be separated.