[HISTORY: Adopted by the Town Board of the Town of Horseheads as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-8-2021 by L.L. No. 2-2022]
It is the intent of this article to opt out of allowing on-site cannabis consumption sites in the Town of Horseheads that would otherwise be allowed under Cannabis Law Article 4.
This article is adopted pursuant to Cannabis Law § 13, which expressly authorizes the Town Board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of on-site consumption licenses within the jurisdiction of the Town and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law § 24.
The Town Board of the Town of Horseheads hereby opts out of allowing on-site cannabis consumption sites from being established and operated within the Town jurisdiction.
If any clause, sentence, paragraph, subdivision, or part of this article or the application thereof to any person, firm or corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, 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 is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24.
This article shall take effect immediately upon filing with the Secretary of State.
[Adopted 6-14-2023 by L.L. No. 2-2023; amended in its entirety 8-9-2023 by L.L. No. 3-2023]
A. 
The Town Board of the Town of Horseheads, Chemung County, State of New York, is vested by the State of New York to regulate and control land use within the Town of Horseheads 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 Town Board is of the current opinion that the State of New York, the OCM and local law enforcement have not, since the passage of MRTA, and will not, enforce MRTA as against entrepreneurs using what has been termed a "loophole" or "grey area" of the law to open so-called "sticker" stores, or have embarked upon "sticker" sales in their current or newly opened storefronts, which profess to sell the customer a sticker or other product at a price, which is then accompanied by a "gift" of cannabis.
For definitions, reference shall be made to the MRTA, as the same may be amended from time to time.
A. 
No new or current operating entity, termed "sticker" stores, conducting "sticker" sales in their current storefronts, or expansions beyond existing operations or facilities, shall be permitted by any person, at any location within the Town of Horseheads, which sells the customer a sticker or other product at a price, which is then accompanied by a "gift" of cannabis.
B. 
During the effective period of this Local Law:
(1) 
The Town Planning Board shall not consider and/or approve any site plan related to cannabis without prior approval of a special permit by the Town Board.
(2) 
The Town Zoning Board of Appeals shall not consider and/or grant any variance or other permit related to cannabis.
(3) 
The Code Enforcement Officer shall not consider and/or issue any land use permit or other permit related to cannabis without prior approval of the Town Board.
(4) 
This prohibition shall apply to all real property within the Town of Horseheads, except as located within the Villages of Elmira Heights and Horseheads.
(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.
This Local Law may be enforced by the Code Enforcement Office of the Town of Horseheads, Chemung County Sheriff, New York State Police or such other enforcement individual(s) as may be 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 Local Law and to keep all records necessary and appropriate to the office and to file the same in the office of the Town Code Enforcement.
A. 
General Penalty. A violation of this article shall be punishable by a fine of not less than $1,500 and no more than $7,500 per day for the first violation or imprisonment for a period not to exceed six months, or both; no less than $7,500 and no more than $15,000 per day for the second violation committed within five years of the first violation, or imprisonment for a period not to exceed six months, or both; and no less than $15,000 and no more than $50,000 per day for the third and all subsequent violations committed within five years of the second violation, or imprisonment for a period not to exceed six months, or both; or, in the case of a corporation, an amount in accordance with NYS Penal Law § 80.10. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of said laws shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each day's continued violation and/or occurrence shall constitute a separate additional violation.
B. 
Civil Penalty. In addition to the general penalty prescribed herein, any person or entity who violates any provision of this Local Law of the Town of Horseheads or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this Code shall be liable to a civil penalty of not more than $1,500 for each day or part thereof during which such violation continues. The civil penalties provided by this section shall be recoverable in an action instituted in the name of this Town.