[Added 11-20-2018 by L.L.
No. 10-2018]
[Amended 1-8-2019 by L.L.
No. 1-2019; 12-16-2021 by L.L. No. 32-2021]
A.
No building, structure or premises approved or used as a medical
marijuana dispensary pursuant to Article 33 of the New York Public
Health Law may be used as a marijuana retail store, dispensary, or
on-site consumption site for recreational marijuana use.
B.
No building, structure or premises within any use district in the
Town of North Hempstead may be used as a marijuana retail store, dispensary,
or on-site consumption site for the sale, distribution or consumption
of marijuana or marijuana products for nonmedical use. The sale, distribution
or offer for consumption of marijuana and/or marijuana products as
prohibited in this section shall be prohibited regardless of whether
products in addition to marijuana products are offered for sale, distribution
or consumption at the building, structure or premises and regardless
of the amount of marijuana or marijuana products available for sale,
distribution or offer for consumption at the building, structure or
premises in comparison to other products offered for sale, use or
consumption at the building, structure or premises.
[Added 12-18-2018 by L.L.
No. 12-2018]
A.
Notwithstanding any other provision of this chapter, a building,
structure or premises may only be used as a medical marijuana dispensary
in the following zoning districts; provided, however, that a medical
marijuana dispensary may only be located within a building having
at least one office in use by a doctor or doctors and other medical
staff in the provision of medical services, care and consultation:
B.
No medical marijuana dispensary shall be approved by the Department
of Building Safety, Inspection and Enforcement unless the owner or
operator of the medical marijuana dispensary has received authorization
to operate the medical marijuana dispensary from the New York State
Department of Health in accordance with Article 33 of the Public Health
Law and Part 1004 of Title 10 of the New York Codes, Rules and Regulations.
C.
No more than two medical marijuana dispensaries may be located within
the Town of North Hempstead at any time.
D.
Prohibited locations.
(2)
A medical marijuana dispensary may not be located within 500
feet of a Town of North Hempstead zoning district permitting any residential
use. This provision shall not be deemed to prohibit:
(a)
The location of a medical marijuana dispensary within a Hospital
District that has residential units accommodating doctors and staff
directly related to the subject hospital within the Hospital (H) Zone,
provided that the medical marijuana dispensary is located greater
than 500 feet from an adjoining zoning district permitting any residential
use.
(b)
The location of a medical marijuana dispensary within 500 feet
of a Residence-AAA (R-AAA) Zone that has as the sole use within its
boundaries a solid waste facility owned by the Town of North Hempstead
and operated by the Town of North Hempstead Solid Waste Management
Authority.
(c)
The location of medical marijuana dispensary within 500 feet
of a Residential Open Space (R-O-S) Zone, provided that the medical
marijuana dispensary is located greater than 500 feet from any other
adjoining zoning district permitting any residential use.
(3)
As used in this § 70-201.12D, the terms "school," "child day-care center" and "park" shall have the meanings ascribed to them by § 70-201.6 of this chapter.
E.
Use regulations. All medical marijuana dispensaries shall comply
with the following regulations:
(1)
Medical marijuana dispensaries shall be restricted to hours
of operation between 9:00 a.m. and 9:00 p.m.
(2)
Use or consumption of marijuana or any marijuana product at
any time is not permitted on the premises of any medical marijuana
dispensary, regardless of whether the use or consumption is indoors
or outdoors. This provision shall not be deemed to prohibit the demonstration
of the use of medical marijuana to a patient or caregiver in accordance
with Article 33 of the Public Health Law and Part 1004 of Title 10
of the New York Codes, Rules and Regulations.
(3)
Persons under the age of 18 years of age are not permitted to
be on the premises of any medical marijuana dispensary at any time
unless they are a patient or caregiver or are accompanied by a parent
or guardian.
(4)
Outdoor loudspeakers or other outdoor sound equipment advertising
of directing attention to a medical marijuana dispensary, including,
but not limited to, prerecorded or live music sounds, are prohibited.
[Added 12-18-2018 by L.L.
No. 12-2018]
Medical marijuana dispensaries shall comply with the advertising
and marketing regulations contained in Part 1004 of Title 10 of the
New York Codes, Rules and Regulations, as the regulations may be amended
from time to time, which shall include, but not be limited to, the
following:
A.
All physical structures owned, leased or otherwise utilized by a
registered organization, including any dispensing facility, shall:
(1)
Not advertise medical marijuana brand names or utilize graphics
related to marijuana or paraphernalia associated with marijuana on
the exterior of the physical structures; and
(2)
Not display medical marijuana products and paraphernalia associated
with marijuana so as to be clearly visible from the exterior of a
physical structure.
B.
All restrictions listed in Subsection A of this section shall apply to any item located on any real property on which a medical marijuana dispensary's physical structure or structures is or are located.
C.
All restrictions listed in Subsection A of this section shall apply to all vehicles owned, leased or utilized by medical marijuana dispensary or its owner or operator.
D.
An advertisement for any marijuana product shall not contain:
(1)
Any statement that is false or misleading;
(2)
Any statement that falsely disparages a competitor's products;
(3)
Any statement, design, or representation, picture or illustration
that is obscene or indecent;
(4)
Any statement, design, representation, picture or illustration
that encourages or represents the use of marijuana for a condition
other than a serious condition as defined in Subdivision 7 of § 3360
of the New York Public Health Law;
(5)
Any statement, design, representation, picture or illustration
that encourages or represents the recreational use of marijuana;
(6)
Any statement, design, representation, picture or illustration
related to the safety or efficacy of marijuana, unless supported by
substantial evidence or substantial clinical data;
(7)
Any statement, design, representation, picture or illustration
portraying anyone under the age of 18, objects suggestive of the presence
of anyone under the age of 18, or containing the use of a figure,
symbol or language that is customarily associated with anyone under
the age of 18;
(8)
Any offer of a prize, award or inducement to a certified patient,
designated caregiver or practitioner related to the purchase of marijuana
or a certification for the use of marijuana; or
(9)
Any statement that indicates or implies that the product or
entity in the advertisement has been approved or endorsed by the State
of New York or the Town of North Hempstead or any person or entity
associated with the State of New York or the Town of North Hempstead,
provided that this shall not preclude a factual statement that an
entity is a registered organization.
[Added 12-18-2018 by L.L.
No. 12-2018]
The provisions of this Article XXID do not waive or modify any other provision of this chapter with which medical marijuana dispensaries are required to comply. Nothing in this Article XXID is intended to authorize, legalize or permit the establishment, operation or maintenance of any facility, buildings or use which violates the provisions of this chapter, any other chapter of the Town Code or any provisions of applicable law.
[Added 12-18-2018 by L.L.
No. 12-2018]
A.
Any person or entity that violates any provision of this article
shall be guilty of a violation and subject to a fine not less than
$500 and not more than $1,000 for a first violation and not less than
$1,000 and not more than $5,000 for each violation committed within
three years of the first violation.
B.
In addition to any of the penalties stated in this section, the Town Board may revoke any certificate of occupancy granted to an owner or operator of a medical marijuana dispensary pursuant to the same procedures provided in § 70-223.1 of this chapter upon acquiring information that the medical marijuana dispensary is being occupied in violation of the provisions of this article. The penalties stated in this section are also in addition to any penalties provided by state laws or regulations pertaining to medical marijuana dispensaries.
