It is the intent of this article to regulate time, place, and manner of the operation of adult-use cannabis retail dispensaries within the City of Corning.
[Amended 12-4-2023 by L.L. No. 8-2023]
This article is adopted pursuant to Cannabis Law § 131, and Part 119 of the OCM implementing New York Code of Rules and Regulations, which expressly authorizes cities, towns and villages to pass local laws and regulations governing the review, time, place and manner of the operation of licensed adult-use cannabis retail dispensaries. All provisions herein, including legal terms and clauses, are to be interpreted in accordance with those legal authorities.
A. 
Hours of operations that cannabis products can be sold at retail either at a dispensary or by delivery shall be restricted to the hours of 10:00 a.m. to 10:00 p.m., Monday through Saturday.
B. 
Each dispensary shall conspicuously post its hours of operation on or near the front entrance to the establishment and requires such signage to meet the requirements for credit card decals and similar graphics in Chapter 180 of this Code, entitled "Signs".
C. 
Dispensaries may only be located within zones which permit retail store uses as designated in Chapter 240 of this Code, entitled “Zoning,” and the Use Regulation Table.
D. 
No dispensary shall be located (as measured in a straight line from the center of the nearest entrance of the dispensary):
[Amended 12-4-2023 by L.L. No. 8-2023]
(1) 
On the same road and within 200 feet of the nearest entrance of a building occupied exclusively as a house of worship; nor
(2) 
On the same road and within 500 feet of the nearest entrance of a building occupied exclusively as a school; nor
(3) 
On the same road and within 500 feet of a the nearest entrance of the nearest building occupied exclusively as a public youth facility; or if no entrance exists, to the nearest structure of such public youth facility; or if no structure exists, to the nearest point on the grounds of the public youth facility's legally defined property boundary as registered in a county clerk's office; or if no clear delineation of grounds exists, the nearest point of equipment, the primary purpose of which is reasonably expected to be used by children seventeen (17) years of age or younger; nor
(4) 
Within a 500-foot radius of the nearest entrance of another cannabis dispensary or microbusiness.
E. 
Dispensaries shall operate in a manner that keeps orderly control of vehicles and pedestrian traffic onsite. At no time shall the dispensary or the site be operated in a manner as to cause vehicular or pedestrian lines that extend beyond the property boundaries.
F. 
Dispensaries shall not be operated in any manner that causes the odor of cannabis products to extend to the exterior of the structure that creates a nuisance or annoyance to the public.
G. 
The retail sale of cannabis to the public is not permitted, except through a dispensary licensed by the NYS Office of Cannabis Management and operating in compliance with the Code of the City of Corning.
[Added 12-4-2023 by L.L. No. 8-2023]