[Added 11-1-2022 by L.L. No. 23-2022]
It is the purpose and intent of this article is to implement
the provisions of the New York State Marijuana Regulation and Taxation
Act (MRTA) and implement time, place, manner and saturation restrictions
related to retail sale or on-site consumption for persons over the
age of 21 within the boundaries and jurisdiction of the Town of Riverhead
as authorized by the MRTA so as to protect the public health, safety,
and welfare of the residents of the Town of Riverhead. In addition,
this article sets forth requirements for operation of retail sale
and on-site consumption establishments and limitations related to
security, odor, waste disposal and other health and safety concerns.
Nothing in this article is intended to promote or condone the sale,
consumption or possession in violation of applicable law. The provisions
of this article are in addition to all other provisions of the Town
Code, including zoning, land use, and development regulations applicable
to the underlying zoning district, together with all permits, licenses,
approval which may be required pursuant to Town Code, state, local,
and such other applicable laws. To the extent that the MRTA or any
rule or regulation promulgated by the Cannabis Control Board and/or
Office of Cannabis Management is more stringent or restrictive, such
law, rule or regulation shall supersede the provisions of this article.
As used in this article, the following terms shall have the
meanings indicated:
Unless otherwise specified in this chapter, shall mean a
person applying for any permit, special permit or site plan approval
to utilize premises for retail sale of cannabis or cannabinoid hemp
(commonly referred to as marijuana) or on-site cannabis lounge/cafe
within the boundaries and jurisdiction of the Town of Riverhead.
The phytocannabinoids found in hemp and does not include
synthetic cannabinoids as that term is defined in Subdivision (g)
of Schedule I of § 3306 of the Public Health Law.
Hemp and any product processed or derived from hemp, that
is used for human consumption provided that when such product is packaged
or offered for retail sale to a consumer, it shall not have a concentration
of more than 0.3% delta-9 tetrahydrocannabinol.
All parts of the plant of the genus cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. It does not include
hemp, cannabinoid hemp or hemp extract as defined by this section
or any drug products approved by the Federal Food and Drug Administration.
A person 21 years of age or older acting in accordance with
the provisions of the MRTA.
The New York State Cannabis Control Board (CCB) created pursuant
to Article Two of the MRTA.
Cannabis, concentrated cannabis, and cannabis-infused products
for use by a cannabis consumer.
Products that have been manufactured and contain either cannabis
or concentrated cannabis and other ingredients that are intended for
use or consumption.
Any person who sells at wholesale any cannabis product, except
medical cannabis, for the sale of which a license is required pursuant
to the provisions of the MRTA.
The plant Cannabis sativa L. and any part of such plant,
including the seeds thereof and all derivatives, extracts, cannabinoids,
isomers, acids, salts, and salts of isomers, whether growing or not,
with a delta-9 tetrahydrocannabinol concentration (THC) of not more
than 0.3% on a dry-weight basis. It shall not include "medical cannabis"
as defined in this section.
All derivatives, extracts, cannabinoids, isomers, acids,
salts, and salts of isomers derived from hemp, used or intended for
human consumption, for its cannabinoid content, with a delta-9 tetrahydrocannabinol
concentration of not more than an amount determined by the CCB.
A written authorization as provided under this article permitting
persons to engage in a specified activity authorized pursuant to MRTA.
An individual or an entity who has been granted a license
under MRTA.
A licensee that may act as a cannabis producer for the cultivation
of cannabis, a cannabis processor, a cannabis distributor and a cannabis
retailer under this article; provided such licensee complies with
all requirements imposed by this article on licensed producers, processors,
distributors and retailers to the extent the licensee engages in such
activities.
The New York State Office of Cannabis Management created
pursuant to the provisions of the MRTA. The OCM is governed by the
Cannabis Control Board to oversee and implement the MRTA. The OCM
is responsible for licensing and development of regulations outlining
how and when businesses can participate in the cannabis industry.
The consumption of cannabis in an area licensed by the Cannabis
Control Board. An on-site consumption license authorizes the acquisition,
possession, and sale of cannabis from the licensed premises of the
on-site consumption licensee to cannabis consumers for use at the
on-site consumption location. No person may own more than three on-site
consumption licenses. On-site consumption licensees may not own or
have any interest in a licensee in the cultivation, processing or
distribution tier.
An individual, institution, corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership
or association, or any other legal entity.
To solicit or receive an order for, to keep or expose for
sale, and to keep with intent to sell, made by any licensed person,
whether principal, proprietor, agent, or employee, of any cannabis,
cannabis product, cannabinoid hemp or hemp extract product to a cannabis
consumer for any purpose other than resale.
Any person who sells at retail any cannabis product to cannabis
consumers. A retail dispensary license authorizes the acquisition,
possession, sale and delivery of cannabis from the licensed premises
of the retail dispensary by such licensee to cannabis consumers. No
person may own more than three retail dispensary licenses. Retail
licensees may not own or have any interest in a licensee in the cultivation,
processing or distribution tier.
A public or private licensed preschool, or a public, private,
or charter elementary, middle, junior high, or high school, vocational
school, and secondary school.
The burning of a lighted cigar, cigarette, pipe or any other
matter or substance which contains cannabis, including the use of
an electronic smoking device that creates an aerosol or vapor.
The location and maximum number of each type of establishment
permitted in the Town of Riverhead is governed by the subsections
below.
A.
Location requirements. Cannabis retail and on-site consumption establishments
shall be permitted in only the Business Center; Shopping Center; Destination
Retail Center; Downtown Center 1; Downtown Center 2; Downtown Center
3; Hamlet Center; Rural Corridor; Village Center; Peconic River Community;
and Business F Zoning Districts subject to the following requirements:
(1)
No retail or on-site consumption establishment shall be established
or located within 1,000 feet, measured from the nearest property lines
of each of the affected parcels, of any school, library or day-care
facility.
(2)
No retail or on-site consumption establishment shall be established
or located within 500 feet, measured from the nearest property lines
of each of the affected parcels, of any Town beach, playground or
community center, and children's amusement.
(3)
No retail or on-site consumption establishment shall be established
or located within 500 feet, measured using a straight line from the
center of the nearest entrance of the place of worship to the center
of the establishment, of any place of worship.
(4)
No retail or on-site consumption establishment shall be established
or located within 2,500 feet, measured from the nearest property lines
of each of the affected parcels, of any other cannabis retail or on-site
consumption establishment.
(5)
No retail or on-site consumption establishment shall be established
or located within 1,000 feet, measured from the nearest property lines
of each of the affected parcels, of any existing residential use.
(6)
No retail or on-site consumption establishment shall be established
or located within a mixed-use development project containing a residential
use component.
B.
Retailers shall be required to comply with all zoning, land use,
and development regulations applicable to the underlying zoning district
in which they are permitted to establish and operate as set forth
in the Town Code for the Town of Riverhead.
Operation requirements. The following operating requirements
shall apply to retail sale or on-site consumption establishments in
the Town of Riverhead:
A.
Hours of operation. Retail establishments may be open for access
to the public over the age of 21 only between the hours of 9:00 a.m.
and 8:00 p.m., Monday through Thursday; Friday through Saturday 9:00
a.m. and 10:00 p.m. and Sunday 12:00 noon and 9:00 p.m. and on-site
consumption establishments may be open for access to the public over
the age of 21 only between the hours of 10:00 a.m. and 10:00 p.m.,
Monday through Thursday; Friday through Saturday 10:00 a.m. and 12:00
a.m. with sales and service of cannabis and cannabis products limited
to 11:00 p.m. and Sunday 12:00 noon and 9:00 p.m. It shall be unlawful
and a violation of this article for any person to employ any other
person at a retail or on-site consumption establishment who is not
at least 21 years of age.
B.
The entrance to the commercial cannabis business shall be clearly
and legibly posted with a notice that no person under the age of 21
years of age is permitted to enter upon the premises of the retail
or on-site consumption establishment. The owner and operator of a
retail or on-site consumption establishment shall require all employees
to verify the age of each customer to ensure the customer is not under
the age of 21 years.
C.
Retail or on-site consumption establishment shall meet all health
protection operating criteria for the sale of cannabis and cannabis
products as required by state law and regulations, and local laws.
D.
Retail or on-site consumption establishment shall operate in a permanently
constructed structure and shall not operate from a vehicle or non-permanent
structure.
E.
Retail or on-site consumption establishments may conduct cannabis
and cannabis product delivery services subject to such rules, regulations,
permit, license or approval required and issued by MRTA, Cannabis
Control Board and Office of Cannabis Management.
F.
Retail or on-site consumption establishments shall only store, hold,
or sell cannabis and cannabis products approved and permitted by the
MRTA, Cannabis Control Board and Office of Cannabis.
G.
Retail or on-site consumption establishments shall not receive, store,
hold, or sell cannabis or cannabis products unless the cannabis and
cannabis products are labeled and packaged as required by such applicable
laws, rules and regulations promulgated by MRTA, Cannabis Control
Board and Office of Cannabis.
H.
Retail or on-site consumption establishments may not operate as a
permitted food facility, and may not share an entrance with a permitted
food facility.
I.
Retail or on-site consumption establishments shall not sell or provide
alcohol or tobacco to any customer or the public.
J.
Retail or on-site consumption establishments are prohibited from
giving away any amount of cannabis or cannabis products and are prohibited
from providing coupons as part of a business promotion.
K.
Retail establishments shall not allow the on-site consumption of
cannabis and cannabis products by any customer, person or employee.
A.
Security measures at all licensed premises shall comply with the
requirements of this article, MRTA and all such applicable rules and
regulations promulgated by the Cannabis Control Board and/or Office
of Cannabis Management.
B.
A description of the security plan shall be submitted with the application
for a (special permit/site plan, certificate of occupancy) for use
of premises as a retail or on-site consumption establishment. The
security system, shall be maintained in good working order and provide
24 hours per day coverage.
C.
The security plan must include, at a minimum, the following security
measures:
(1)
Cameras. The applicant, owner and holder of a license to operate
a retail or on-site consumption establishment as required by the MRTA/Office
of Cannabis Management shall install and use security cameras to monitor
and record all areas of the premises (except in restrooms) where persons
may gain or attempt to gain access to marijuana or cash maintained
by the marijuana business entity.
(2)
Cameras shall record operations of the business to an off-site
location, as well as all potential areas of ingress or egress to the
business with sufficient detail to identify facial features and clothing.
(3)
Recordings from security cameras shall be maintained for a minimum
of 30 days in a secure off-site location in the Town of Riverhead
or through a service over a network that provides on-demand access,
commonly referred to as a "cloud." The off-site location shall be
included in the security plan submitted to the Town and provided to
the Police Department upon request, and updated within 72 hours of
any change of such location.
(4)
Use of safe for storage. The retail or on-site consumption establishment
shall install and use a safe for storage of any processed marijuana
and cash on the premises when the business is closed to the public.
The safe shall be incorporated into the building structure or securely
attached thereto.
(5)
For marijuana-infused products that must be kept refrigerated
or frozen, the business may lock the refrigerated container or freezer
in a manner authorized by the Town in place of the use of a safe so
long as the container is affixed to the building structure.
(6)
Alarm system. The establishment shall install and use an alarm
system that is monitored by a company that is staffed 24 hours a day,
seven days a week. The security plan submitted to the Town shall identify
the company monitoring the alarm, including contact information, and
updated within 72 hours of any change of monitoring company.
A.
Any person proposing to apply for permit or approval to use premises
as a cannabis retail or on-site consumption establishment, or applying
as a new owner of an existing cannabis establishment shall submit
an odor management plan to the Planning Department. The odor management
plan shall describe sufficient processes which, if implemented, will
prevent odors from the cannabis establishment from being detected
by a person outside of the establishment.
B.
The odor management plan shall include a detailed description of
the ventilation system used by the cannabis establishment, including
but not limited to, how the ventilation systems prevent odor from
escaping the interior of the building and how to mitigate the noxious
fumes or gases.
C.
The owner shall be responsible for the development, implementation,
and maintenance of the odor management plan. Odor mitigation practices
shall be based on industry-specific best control technologies and
best management practices. The plan shall include the range of odor
mitigation practices to be deployed to control odor-emitting activities,
sources, and locations, how and when these practices will be deployed,
and accounting for any identified odor-emitting activity.
D.
The permittee, operator, or person in charge of a cannabis establishment
shall maintain, and provide to the Planning Department upon request,
all records relating to odor management, including but not limited
to, system installation, maintenance, any equipment malfunctions and
deviations from the odor management plan.
E.
The permittee, operator or person in charge of a cannabis facility
shall maintain records of odor complaints received and response actions
thereto.
F.
If an inspection or complaint investigation by the Planning Department
or Code Enforcement reveals any deviation from the odor management
plan, such deviation shall be a violation of this article.
G.
If an inspection reveals that the existing odor management plan does
not effectively mitigate odors emanating from the cannabis facility
or cannabis facility's cultivation site, the Planning Department or
Code Enforcement shall provide the operator or person in charge with
a notice of deficiencies. The owner, operator or person in charge
of the cannabis establishment shall be required to submit a modified
odor management plan within a reasonable amount of time, as determined
by the Planning Department or Code Enforcement. Failure to submit
a modified odor management plan within the required time period shall
be a violation of this article.
H.
When a modification is made to a cannabis establishment or operation
of the establishment that has the potential to impact the nature or
degree of odor, or affects the control of odor, the cannabis facility
operator must update its odor management plan within 30 days of modification.
Failure to submit an updated odor management plan within 30 days of
modification shall be a violation of this article.
A.
Any person proposing to apply for a public health permit for a cannabis
facility, or apply as a new owner of an existing cannabis facility
shall submit a waste management plan along with the submission of
a public health permit application or plans to the Planning Department.
B.
A waste management plan shall address the storing, handling, disposing
and reusing of all waste by-products and shall characterize the volume
and types of waste generated for all commercial cannabis activities
in compliance with the best management practices and all such applicable
laws, rules and regulations promulgated by the Cannabis Control Board
and/or Office of Cannabis Management.
C.
A cannabis retail and on-site consumption establishment shall not
sell or otherwise transfer title of cannabis waste, except as permitted
by applicable laws, rules and regulations promulgated by the Cannabis
Control Board and/or Office of Cannabis Management.
D.
All waste generated from commercial cannabis operations must be properly
stored and secured, whether in the control of the cannabis facility
operator or not, in order to prevent access to the public.
This article shall take effect immediately upon filing with
the Secretary of State.
