[HISTORY: Adopted by the Town Board of the Town of Williamson
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-6-2023 by L.L. No. 1-2023]
This article shall be referred to as the "Local Law Imposing
a Temporary 12-Month Moratorium for Operating Retail Businesses Involving
the Transfer, Distribution or Sale of Cannabis within the Town of
Williamson."
A.
The Town Board of the Town of Williamson, Wayne County, State of
New York, is vested by the State of New York to regulate and control
land use within the Town of Williamson and to protect the health,
safety and welfare of its residents. New York State legalized adult-use
cannabis on March 31, 2021, by passing the Marijuana Regulation and
Taxation Act (MRTA). The Act creates the Office of Cannabis Management
(OCM) to issue licenses and develop regulations for recreational use
of cannabis.
B.
The New York State Office of the Cannabis Control Board has yet to
establish regulations to allow for the issuance of licenses to businesses
to allow for the legal sale of adult-use cannabis or cannabinoid hemp
licenses. Therefore, to prevent unlicensed businesses in the Town
from providing, distributing, or transferring cannabis as a "gift"
to customers which may be based upon the conditional purchase of a
product for sale, including, but not limited to, an item such as a
sticker or shirt, the Town wishes to enact a Town-wide moratorium
for the establishment of any unlicensed business that distributes,
transfers, or sells cannabis.
C.
Based upon current information, the OCM is creating the rules and
regulations to oversee the licensing, cultivation, production, distribution,
sale, laboratory testing and use of cannabis. The rules and regulations
require a process for creation and adoption, which as of this date
has not been completed. Therefore, the Town Board, through this article,
declares a twelve-month moratorium on the sale, transfer or distribution,
with or without compensation, of cannabis in any amount from a premises
unlicensed by the OCM located in the Town of Williamson by any person
(defined as an individual, firm, estate, partnership, company, corporation,
limited-liability corporation, trustee, governmental subdivision or
other public or private entity).
D.
During this twelve-month moratorium, the Town of Williamson will
review and update its local Code and regulations and monitor the adoption
of the rules and regulations regarding licensure by the OCM. The Town
Board has deemed this an appropriate amount of time to study whether
additional local action is necessary; the extent of such action; if
such local action is necessary; provide the Town Board with the time
to adopt the appropriate local rules and regulations to ensure comprehensive
uniformity, fairness, and consistency in such regulations governing
the time, place, and manner of the operation of licensed adult-use
cannabis retail dispensaries and/or on-site consumption cannabis businesses.
For definitions, reference shall be made to the Marijuana Regulation
and Taxation Act (MRTA). As used in this article, the following terms
shall have the meanings indicated:
An individual, firm, estate, partnership, company, corporation,
limited liability corporation, trustee, governmental subdivision or
other public or private entity.
A business that has not been issued a license by the Office
of Cannabis Management (OCM).
A.
For the period of 12 months following the effective date of this
article, no new nor currently operating unlicensed retail businesses
shall or allow any person to transfer, distribute or sell cannabis
within the Town of Williamson, whether or not accompanied by any other
purchase.
B.
During the effective period of this article:
(1)
The Town Planning Board shall not consider and/or approve any site
plan related to a proposed unlicensed business involving the transfer,
distribution, or sale of cannabis.
(2)
The Town Zoning Board of Appeals shall not consider and/or grant
any variance or other permit related to a proposed unlicensed business
involving cannabis.
(3)
The Code Enforcement Officer shall not consider and/or issue any
land use permit or other permit related to a proposed unlicensed business
involving the transfer, distribution, or sale of cannabis.
(4)
This moratorium and prohibition shall apply to all real property
within the Town.
(5)
Under no circumstances shall the failure of the Town Board of the
Town, the Zoning Board of Appeals of the Town, the Planning Board
of the Town, or the Code Enforcement Officer for the Town to take
any action upon any application for a permit, zoning permit, special
permit, zoning variance, building permit, operating permit, site plan
approval, subdivision approval, certificate of occupancy, certificate
of compliance, temporary certificate, or other Town-level approval
constitute an approval by default or an approval by virtue of expiration
of time to respond to such application.
The lawful use of any premises on the effective date of this
article operated under a permit or license issued by the Town of Williamson
or other appropriate state or federal agency may be continued.
This article shall be enforced by the Code Enforcement Officer
of the Town of Williamson, Wayne County Sheriff, local law enforcement
agencies or such other zoning enforcement individual(s) as designated
by the Town Board. It shall be the duty of the enforcement individual(s)
to advise the Town Board of all matters pertaining to the enforcement
of this article and to keep all records necessary and appropriate
to the office and to file the same in the office of the Town Clerk.
In addition to the criminal penalties and other remedies set
forth in Town Law § 268, any person violating any of the
provisions of this article shall be guilty of an offense and upon
a conviction thereof, be given a civil penalty of no less than $1,500
and no more than $1,500 per day for the first violation; no less than
$7,500 and no more than $7,500 per day for the second violation; and
no less than $15,000 and no more than $15,000 per day for the third
and all subsequent violations. Each day's violation shall constitute
a separate and additional violation. An action may be commenced in
a court of competent jurisdiction to recover such penalty. In addition
thereto, violations of this article shall be subject to being restrained
by injunctive relief.
The Town Board finds, pursuant to 6 NYCRR 617.5(c)(30), that
the adoption of a moratorium of land development or construction is
a Type II action under the New York State Environmental Quality Review
Act (SEQR),[1] which has been determined to not have a significant impact
on the environment.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
This moratorium is enacted by the Town Board pursuant to its
authority to adopt local laws under Article IX of the New York State
Constitution and Municipal Home Rules Law § 10.
All laws inconsistent with any provision or provisions of this
article are hereby repealed.
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 when it is filed
in the office of the Secretary of State in accordance with § 27
of the Municipal Home Rule Law and shall remain in effect for 12 months
from the date of such filing.
