[HISTORY: Adopted by the Town Board of the Town of Potsdam as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-11-2023 by L.L. No. 2-2023]
As used in this article, the following terms shall have the meanings indicated:
MARIJUANA ESTABLISHMENT
A marijuana retailer or any other type of licensed marijuana-related business, or any combination thereof at a single location.
MARIJUANA LOUNGE
An entity or individual licensed for the sale and on-site consumption of marijuana products.
MARIJUANA PRODUCTS
Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
MARIJUANA RETAILER
An entity or individual licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
The Town of Potsdam finds that the orderly development of commercial business is essential to maintaining and protecting the health, safety and welfare of the residents of the Town. Businesses which cater to adults should be located and regulated in order to minimize the impact to residents.
A. 
To provide for the placement of marijuana establishments in appropriate places.
B. 
To minimize the adverse impacts of marijuana establishments on residential neighborhoods, schools, and other places where children commonly congregate.
C. 
To regulate the siting, design, placement, security, safety, monitoring, and modification of marijuana establishments.
These regulations shall apply to all structures and uses of retail sales and/or consumption lounges where marijuana can be purchased or consumed.
A. 
No marijuana establishment shall be established except in compliance with the provisions of this article.
B. 
When a marijuana establishment is created in an existing building, regardless of prior site plan (including approval for retail sales on the property), that establishment will apply to the Planning Board for special use permit/site plan review for that use. Final approval of the special use permit/site plan review will be the responsibility of the Potsdam Town Board.
C. 
Location: No marijuana establishments will be allowed in an R-1 Zone.
A. 
All marijuana establishments shall be contained within a building or structure.
B. 
The hours of operation of marijuana establishments are 10:00 a.m. to 10:00 p.m.
C. 
Marijuana establishments shall not be located within a 500-foot radius from:
(1) 
Any school pre-k through 12.
(2) 
Any day-care center, or any facility where children commonly congregate. A facility is not, however, limited to a building. A "facility where children commonly congregate" includes, but is not limited to, facilities in which children gather for particular purposes in a structured and scheduled manner, or which are dedicated to the use by children, such as playgrounds, park facilities, youth service programs, day-care centers, youth sports facilities, dance schools, and gymnastic schools.
(3) 
Any other marijuana establishment.
(4) 
Any drug or alcohol rehabilitation facility.
(5) 
Any correctional facility, halfway house or similar facility.
(6) 
Any building containing a place of worship.
D. 
No marijuana establishment shall be located inside a building containing residential units, including transient housing such as motels and dormitories.
E. 
Marijuana establishments shall be located within a permanent building and may not be located in a trailer, cargo container, motor vehicle or other similar nonpermanent enclosure.
F. 
No outside storage of marijuana, related supplies or promotional materials is permitted.
G. 
No smoking or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a marijuana retailer. No burning of any product containing marijuana or marijuana-related products shall be permitted on the premises of a marijuana retailer.
Site plan review shall be required along with special use permit and shall include appropriate elements from § 306-29 of this Town of Potsdam Code.
A. 
Size of sign shall be dictated relative to the zone where the marijuana establishment is located per § 306-9H of this Town of Potsdam Code.
B. 
No image depicting any part of a marijuana plant or any product or use of the marijuana plant shall be allowed on the sign.
All marijuana lounges and marijuana retailers approved pursuant to this article must be licensed in accordance with New York State Cannabis Law Article IV, Use Cannabis.