[HISTORY: Adopted by the Common Council of the City of Fulton 5-16-2023 by L.L. No. 6-2023. Amendments noted where applicable.]
A retail establishment that offers for sale, use or display
paraphernalia or items used for preparing, smoking, vaporizing (commonly
known as "vaping") or ingesting tobacco products, nontobacco products
containing nicotine, cannabis flower, products derived from cannabis
and/or other legal substances capable of being inhaled or ingested.
The term "head shop" shall also include smoke shops, vape shops and
any other type of retail establishment that sells such paraphernalia
or items as a significant portion of its business.
A.
For purposes of this definition, a "significant portion" of a head
shop's business means any or all of the following:
(1)
Twenty-five percent or more of floor area and basement space accessible
to customers is allotted to the display of paraphernalia or items
used for preparing, smoking, vaporizing or ingesting tobacco projects,
nontobacco products containing nicotine, cannabis flower, products
derived from cannabis and/or other legal substances capable of being
inhaled or ingested;
(2)
Twenty-five percent or more of its stock-in-trade consists of paraphernalia
or items used for preparing, smoking, vaporizing or ingesting tobacco
products, nontobacco products containing nicotine, cannabis flower,
products derived from cannabis and/or other legal substances capable
of being inhaled or ingested;
(3)
Twenty-five percent or more of its gross income derived from the
sale of paraphernalia or items used for preparing, smoking, vaporizing
or ingesting tobacco products, nontobacco products containing nicotine,
cannabis flower, products derived from cannabis and/or other legal
substances capable of being inhaled or ingested.
Head shops shall be allowed by special use permit and subject
to the above restrictions in any zoning district established by this
Zoning Code that allows retail establishments. However, it shall be
unlawful to establish or maintain any head shop within 750 feet of
any lot zoned for residential use, any public park, child-care facility,
playground, school or house of worship. Notwithstanding the foregoing,
if a business that qualifies as a head shop is also an adult-use cannabis
retail dispensary duly licensed by the State of New York, the setback
requirements from the aforementioned facilities shall be those established
by the New York State Cannabis Law and its implementing regulations,
as may be amended from time to time.
