[Adopted 12-30-2024 by L.L. No. 4-2024]
For purposes of this Article II, "cannabis" shall have the meaning set forth in New York Cannabis Law § 3, as that section may be amended from time to time.
A. 
A retail cannabis dispensary shall not store cannabis outside of the retail dispensary building.
B. 
A retail cannabis dispensary must provide and comply with an odor control plan that provides for proper and adequate ventilation and demonstrates that any odors associated with the cannabis products stored on site shall be effectively confined to the premises or so treated in order to avoid any negative impacts to neighboring properties or tenant spaces.
A. 
Violations. Failure to comply with any provision of this article shall constitute a violation of this article.
B. 
Enforcement.
(1) 
The requirements established by this article shall be administered and enforced by any law enforcement agency that has jurisdiction in the Town of Red Hook ("police officers"), the Town of Red Hook Zoning Enforcement Officer, Code Enforcement Official/Building Inspector and Town Attorney or his/her designee and such other employees and/or officials authorized by the Town Board.
(2) 
In addition to any administrative remedy, pursuant to the provisions of Municipal Home Rule Law § 10, Subdivision 4(a), and Criminal Procedure Law § 150.10, police officers, the Zoning Enforcement Officer and Code Enforcement Official/Building Inspector of the Town of Red Hook are hereby authorized to issue and serve appearance tickets, as defined in the Criminal Procedure Law, returnable in Town Court of the Town of Red Hook, when he or she has reasonable cause to believe a person has violated, in his or her presence, this article, and to prosecute the violation in Town Court.
C. 
Penalties for offenses.
(1) 
Violation of any provision or requirement of this article shall be considered an offense punishable by a fine of not more than $350 and/or imprisonment for not more than six months for a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 and/or imprisonment for not more than six months; and upon conviction for a third or subsequent time within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 and/or imprisonment for a period of not more than six months.
(2) 
The owner, agent, or operator of a building, premises or part thereof where such violation has been committed or does exist and any agent, corporation or other person who commits, takes part or assists in such violation shall be individually liable for such an offense. All such penalties shall be collectible by and in the name of the Town. Each and every week that any such violation continues after notification that such violation exists shall constitute a separate chargeable offense.
(3) 
Without limiting any other remedy, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, this article.