[HISTORY: Adopted by the Board of Trustees of the Village of Massena as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-2021 by L.L. No. 6-2021]
It is the intent of this article that the Village of Massena opt out of having on-site cannabis consumption establishments licensed to operate or established within the Village of Massena.
This article is adopted pursuant to New York Cannabis Law § 131, which expressly authorizes villages to opt out of allowing on-site cannabis consumption establishments to be licensed or established within their boundaries.
A. 
The Board of Trustees of the Village of Massena hereby opts out of having on-site cannabis consumption establishments licensed or established within the boundaries of the Village of Massena.
B. 
Pursuant to the New York Cannabis Law § 131, the Village of Massena hereby requests the Cannabis Control Board to prohibit the establishment of on-site consumption licenses contained in Article 4 of the New York State Cannabis Law (Chapter 7-A of the Consolidated Laws) within the jurisdiction of the Village of Massena.
This article shall take effect immediately upon filing with the Secretary of State.
[Adopted 10-17-2023 by L.L. No. 7-2023]
As used in this article, the following terms shall have the meanings indicated:
CANNABIS CULTIVATION FACILITY
Any location indoors or outdoors that prepares and grows any cannabis plants containing tetrahydrocannabinol (THC) for the purpose of resale.
CANNABIS RETAIL LOCATION
Any location that sells, exchanges, or carries cannabis products containing tetrahydrocannabinol (THC), or any other products that contain tetrahydrocannabinol (THC). This includes any existing retail location that decides to sell any products that contain THC.
A. 
Cannabis retail locations and cultivation facilities shall only be permitted within Zones Central Business District (CBD), Commercial Transitional District (CTD) and Commercial Auto Related District (CAR).
B. 
Cannabis retail locations and cultivation facilities are prohibited from operating at any parcel that contains road frontage located on the following:
Street Name
Andrews Street
Church Street
West Orvis Street
Water Street
Glenn Street
Phillips Street
Pratt Place
East Orvis Street: between Main Street and Bayley Road
Main Street: between Maple Street and State Route 37
Center Street: east of Main Street to Park Avenue
Maple Street: east of Main Street to Center Street
C. 
The sale of any cannabis products outside of a licensed cannabis retail location is prohibited.
A. 
All cannabis retail locations and/or cultivation facilities must have Planning Board approval before the sale or cultivating of any cannabis items may occur.
B. 
All cannabis retail stores, retail locations and/or cultivation facilities must have an appropriate New York State cannabis license.
C. 
The sale of any cannabis products outside of a licensed cannabis retail location is prohibited.
D. 
Outdoor cultivation facilities are prohibited.
Any person, firm or corporation violating any of the provisions of this article shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or both such fine and imprisonment. Each day the offense is continued shall constitute a separate and distinct violation hereunder. These penalties shall be in addition to any other penalty provided by law. The Village may also seek injunctive relief to prevent the continued violation of this article.
This article shall take effect immediately upon filing with the Secretary of State.