[HISTORY: Adopted by the Board of Trustees
of the Village of Depew as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-12-2023 by L.L. No. 3-2023]
The Village of Depew seeks to mitigate any potential nuisances/adverse
impacts to other public youth facilities, residences and to protect
the overall community character, while also allowing for small business
development that provides outlets for hookah or vaping, and for the
retail sale of associated products and cannabis for at-home consumption.
Notwithstanding the foregoing, all persons who choose, against health
adversaries, to be involved with tobacco or nontobacco materials do
so entirely at their own risk.
As used in this article, the following terms shall have the
meanings indicated:
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.
Any business, collective, establishment, association or any
other organization or any person engaged in the licensed activities
of an adult-use cannabis retail dispensary and/or on-site consumption.
A delivery license authorizes the delivery of cannabis and
cannabis products by licensees, independent of another adult-use cannabis
license, to cannabis consumers.
Shall refer to any facility or location whose business operation,
and its principal use, includes the on-site smoking of electronic
cigarettes, vape pens, vapors, e-liquids, or other like substances,
not to include cannabis or cannabis products, commonly known by such
various terms as "bars," "lounges," or "cafes."
A single- or multi-stemmed instrument used by one or more
persons to smoke tobacco or another substance, which hookah pipe is
also commonly referred to as a "hookah," "water pipe," "shisha" or
"narghile."
A licensee that may act as a cannabis producer for the cultivation
of cannabis, a cannabis processor, a cannabis distributor and a cannabis
retail business under this article; provided such licensee complies
with all requirements imposed by the State of New York for licensed
producers, processors, distributors and retailers to the extent the
licensee engages in such activities.
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 or another location.
A location or structure owned by a government or government
subdivision or agency, that is accessible to the public, where the
primary purpose is to provide recreational opportunities or services
to children or adolescents of whom the primary population is reasonably
expected to be 17 years of age or younger.
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.
As such term is defined in the New York State Education Law.
Refers to both:
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; or
The inhalation of the smoke/liquid nicotine/vapors/water pipe
tobacco and other substances encased in electronic cigarettes, vape
pens, and pipes commonly known as "hookah," "water pipe," "shisha,"
and "narghile" or any similar device.
Any establishment which offers for sale or consideration
electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other
like substances as a substantial or significant portion of its business,
merchandise and/or stock-in-trade.
No cannabis, hookah, vaping, or vape shop business shall operate
in the Village of Depew unless and until it has first filed a registration
application in accordance with the provisions of this chapter, has
paid all fees required by this chapter, received a special use permit,
and has received necessary licensing from the state.
A.
State license. An adult-use cannabis license or provisional from
the NYS Office of Cannabis Management shall be required for any cannabis
retail business or cannabis activity in which it is engaged. A business
intending to sell vapor products shall be required to have a certificate
of registration from the Department of Taxation and Finance.
B.
Special use permit. Any proposal to place, construct or modify a
cannabis, hookah, vaping, or vape shop business in the Village of
Depew requires the issuance and approval of a special use permit.
All applications, plans, and documentation shall be submitted to the
Village of Depew Planning Board and Code Enforcement Officer with
site plan approval and special use permit review undertaken by the
Planning Board and special use permit approval by the Village of Depew
Board of Trustees.
C.
Registration application. Any applicant for a cannabis, hookah, vaping,
or vape shop business shall provide no less than the following when
submitting a registration application:
(1)
Completed special use permit application and checklist;
(2)
Copy of NYSOCM Provisional or Operating License or NYS Department
of Taxation and Finance certificate, if applicable;
(3)
Business plan and written description of day-to-day operations and
hours of operation;
(4)
Complete site plan showing any alterations to the property;
(5)
Floor plans certified by a licensed professional engineer or architect
detailing ventilation as well as interior and exterior security plans
in compliance with New York State law;
(6)
Sign application with all proposed building-mounted and freestanding
signs; and
(7)
Any additional materials requested by the Planning Board during the
review process.
D.
Registration null and void. A registration shall become null and
void upon any of the following:
(1)
Relocation of the cannabis, hookah, vaping, or vape shop business
to a different location or premises;
(2)
One year after the issuance of the special use permit (SUP) unless
renewed upon site inspection, at which time the SUP shall be valid
for a period of two years;
(3)
Any attempt to assign, transfer or sell a registration without approval
from the Village; or
(4)
Any violations of the terms or requirements of this chapter.
A cannabis, hookah, vaping, or vape shop business shall not
create a nuisance to abutters or to the surrounding area, or create
any hazard, including, but not limited to, fire, explosion, fumes,
gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration,
flashes, glare, objectionable effluent, or electrical interference,
which may impair the normal use and peaceful enjoyment of any property,
structure or dwelling in the area.
A.
Proximity to public youth facilities, schools, and houses of worship.
At a minimum, no cannabis, hookah, vaping, or vape shop retail business
shall be located within 500 feet of any public youth facility or school
and shall not be located within 200 feet of any house of worship.
(1)
The Planning Board shall also consider distance from other uses involving
children when permitting the siting of cannabis retail businesses,
including, without limitation, libraries, playgrounds, parks, martial
arts and dance studios, houses of worship, pediatric medical offices,
toy stores, government buildings for youth, and youth clubs.
(2)
The Planning Board may deviate from the proximity restrictions as
necessary on good cause shown by the applicant balancing the need
to foster and develop new businesses and of protecting the community
and aforementioned locations.
(3)
In the event of a conflict between this law and the New York State
Marihuana Regulation and Taxation Act the law of the State of New
York will control.
B.
Hours of operation. Any business operating under this chapter may
open no earlier than 10:00 a.m. and shall close no later than 10:00
p.m. on the same day, unless modified by the Planning Board and specified
in the special use permit.
C.
Alcohol. The sale or consumption of alcohol on licensed premises
is prohibited, except for the sale of tinctures, which is permitted
provided all products sold on site comply with applicable state rules
and regulations.
D.
Odor. Each business operating under this chapter shall prevent the
odor of tobacco or non-tobacco products from emanating beyond the
walls of the premises by utilizing appropriate air purification systems
and air scrubbers.
E.
Outdoor smoking. There shall be no cannabis smoking outside the premises
of the business unless the outdoor smoking complies with the laws
of the State of New York and the code of the Village of Depew.
F.
Facade treatments. Design of the cannabis, hookah, vaping, or vape
shop business shall not detract from the sense of activity with opaque,
unwelcoming facades at the ground floor. Where interior activities
must be screened from public view, such areas should be screened by
transparent, publicly accessible active business uses where possible.
Opaque facades should be minimized, and where they are necessary,
they should include changing public art displays or other measures
to provide visual interest to the public.
G.
Signage. The Planning Board shall be responsible for approval of all signage for businesses operating under this article, pursuant to Village Code § 260-37 "Sign regulations," balancing the need for a well-maintained, safe and attractive community and the need for effective business identification, advertising and communication.
H.
Security barriers. All installations of any security gate or barrier
must be preceded by the issuance of a building permit from the Building
Department and must be in accordance with the standards set forth
by the New York State Uniform Fire Prevention and Building Code and
Village of Depew Planning Board, which shall be permitted to consider
aesthetics of the exterior.
I.
Security. An application for a cannabis retail business must include
written and graphic documentation showing the proposed facility will
meet state standards, including, but not limited to, secure premises,
secure room, secure entry, security lighting, security alarm systems,
and video surveillance.
J.
Buffer. For any cannabis, hookah, vaping, or vape shop business that
shall abut upon a residential-zoned parcel or any parcel used for
residential purposes, there shall be a buffer strip five feet wide
erected, planted and thereafter maintained on the plot pursuant to
Planning Board requirements, unless the Planning Board shall require
a greater or larger buffer strip. The Planning Board may deviate from
the buffer restrictions as necessary on good cause shown by the applicant
balancing the need to foster and develop new businesses and of protecting
the community and aforementioned locations.
K.
Fire hazards. Smoking paraphernalia shall comply with such safety
measures as may be prescribed to minimize the risk of fire associated
with the use of such paraphernalia. Where smoking paraphernalia requires
the use of lighted charcoal or any other solid or liquid flammable
or combustible material, such material shall be stored, handled, and
disposed in a manner approved by the Village of Depew Code Enforcement
and Village of Depew Fire Department.
L.
Drive-through. No drive-through services or sales shall be permitted
by any businesses operating under this article.
M.
Storage, security, and management. Cannabis, tobacco, and similar
waste shall be stored. secured, and managed in accordance with applicable
New York State laws.
The Village of Depew shall have the right to request entrance
into any business operating under this article, during reasonable
hours, for the purpose of conducting a physical inspection of the
premises to determine if the premises complies with the requirements
herein. Any cannabis, hookah, vaping, or vape shop business shall
at all times strictly comply with all the provisions of this article.
Any hookah, vaping, vape shop business, or cannabis retail business
possessing NYSOCM Provisional or Operating License or NYS Department
of Taxation and Finance certificate existing and actually conducting
retail business prior to the effective date of this article shall
be considered preexisting (or "grandfathered") and permitted to remain
in place without regard to the provisions of this section. Upon expiration
of a six-month preexisting duration the applicant will be required
to apply for a special use permit pursuant to this section. The Planning
Board may, in its sole discretion, waive any proximity requirements
for any business which has existed pursuant to this section when considering
the special use permit.
