[Adopted 10-6-2021 by L.L. No. 2-2021]
This article is enacted pursuant to the New York State Constitution
and New York Municipal Home Rule Law § 10 and Cannabis Law
§ 131.
It is the intent of the Town Board of the Town of Van Buren
to opt the Town out of hosting on-site cannabis consumption establishments
within its boundaries.
The Town Board of the Town of Van Buren, County of Onondaga,
hereby opts out of allowing on-site cannabis consumption establishments
from locating and operating within the boundaries of the Town of Van
Buren.
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 upon filing with
the New York State Department of State. Pursuant to Cannabis Law § 131,
this article is subject to a permissive referendum and thus may not
be filed with the Secretary of State until the applicable time period
has elapsed to file a petition or a referendum has been conducted
approving this article.
[Adopted 11-3-2021 by L.L. No. 3-2021]
The words and terms used in this article shall have the following
meanings:
CANNABIS RETAIL DISPENSARY
A physical location (i.e., storefront) in which a person
of legal age can purchase cannabis and cannabis-related items for
medical or recreational use.
PUBLIC PARK
An area to which the public is invited or in which the public
is permitted.
Hours of operation for cannabis retail dispensaries shall be
limited to the hours of 9:00 a.m. to 6:00 p.m.
Cannabis retail dispensaries shall only be located within the
following zoning districts: General Business District, GB.
In addition to those prohibitions set forth in the Cannabis
Law, cannabis retail dispensaries are prohibited within 500 feet of
any public park.
The distances provided in this article shall be measured by
following a straight line, without regard to intervening buildings,
from the nearest point of the property parcel upon which the cannabis
retail dispensary is to be located to the nearest point of the parcel
of property or the land use district boundary line from which the
cannabis retail dispensary is to be separated.