[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 3-11-2025 by L.L. No. 1-2025. Amendments noted where applicable.]
For the purpose of this chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
COMMUNITY FACILITY
A facility that provides daycare to children; a public park; a playground; a public swimming pool; a library; or a center or facility the primary purpose of which is to provide recreational opportunities and services to children or adolescents.
ESTABLISHMENT
A cannabis operation that proposes to, or is licensed to, lawfully provide, dispense, distribute, sell, or allow the use of cannabis products or byproducts.
A. 
All establishments that wish to sell cannabis products must obtain a special use permit from the Town consistent with Chapter 260 of the Town Code.
B. 
The fee for the special use permit shall by consistent with the fees for all special use permits as provided in the Town Code.
A. 
The Town will undertake a review of an application pursuant to this chapter in a timely fashion, consistent with its responsibilities, and shall act within a reasonable period of time, with due regard for the public's interest and need to be involved and the applicant's desire for a timely resolution.
B. 
The Town may refer any application or part thereof to any advisory, other committee or commission for a nonbinding recommendation.
C. 
After the public hearing and after formally considering the application, the Town may approve, approve with conditions, or deny a special use permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the granting of the permit shall always be upon the applicant.
A. 
Such special use permit granted for applications under this chapter shall not be assigned, transferred, or conveyed without the express prior written notification to and approval of the Town Board.
B. 
Such special use permit may, following a hearing upon due prior notice to the applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the special use permit or for a material violation of this chapter, the Town Code, or applicable laws and regulations after prior written notice to the holder of the special use permit.
C. 
No special use permit shall be considered issued or effective unless approved by the Town after a public hearing.
D. 
Whenever an establishment ceases to operate for more than 12 months, a new permit must be obtained prior to a continuation of said business.
E. 
Retail dispensaries may operate only between the hours of 10:00 a.m. to 8:00 p.m. Monday through Sunday.
F. 
In addition to any other conditions imposed by the Town, retail dispensaries cannot operate between the hours of 8:00 p.m. to 10:00 a.m. unless explicitly authorized in writing by the Town.
G. 
On-site consumption sites may operate only between the hours of 10:00 a.m. to 8:00 p.m. Monday through Sunday.
H. 
In addition to any other conditions imposed by the Town, on-site consumption sites cannot operate between the hours of 8:00 p.m. to 10:00 a.m. unless explicitly authorized in writing by the Town.
I. 
No establishment may be located on the same road and within 1,000 feet of the entrance of a building used as a house of worship.
J. 
No establishment may be located on the same road and within 1,000 feet of the entrance of a building used as a school.
K. 
No establishment may be located on the same road and within 1,000 feet of the entrance of grounds used as a public youth facility.
L. 
An adult-use on-site consumption operation that has outdoor space and allows smoking and/or vaping shall be 50 feet from an adjacent public thoroughfare.
M. 
An adult-use on-site consumption operation must comply with the requirements under Article 13-E of the Public Health Law and Clean Indoor Air Act, including, but not limited to, the emissions of smoke and odors.
N. 
No establishment may be located or operate in any area zoned or used for residential use.
O. 
No establishment may abut any residentially zoned or used property.
P. 
Odors from an establishment shall be controlled and maintained so to limit odors from emanating onto adjoining properties to the greatest extent possible.
A. 
Prior bad acts by the applicant demonstrating an unwillingness to obey the Cheektowaga Town Code or the rules, laws and regulations of the County of Erie, the State of New York or the United States of America.
B. 
Substantiated violations or complaints concerning the establishment.
C. 
The proposed location of the establishment is more likely than not to negatively impact the neighborhood based on the establishment's proximity to a school, educational facility, place of worship, or public park, or other community facility.
A. 
All establishments selling cannabis and cannabis products must be approved and licensed by the New York State Office of Cannabis Management. Cannabis establishments must comply with all conditions of the Town-issued permit and approvals, all requirements of their New York State Office of Cannabis Management license, and all applicable laws and regulations.
B. 
All establishments providing, dispensing, distributing, selling, or allowing the use of cannabis products or byproducts in violation of this chapter, other provisions of the Town Code, and all applicable county, state and/or federal laws and regulations are subject to revocation of any and all Town approvals and immediate closure of their establishment upon notice.
C. 
All establishments located within the Town under this chapter and holding a special use permit are subject to inspection by the Town and its agents.
D. 
Overt acts by the owner, operator, or permit-holder of the establishment, or their agents, intended to prevent the legal inspection of the establishment shall be deemed immediate grounds for a temporary revocation of said permit and any Town approvals related to the establishment until a hearing is held as provided for in this chapter.
E. 
In the event an establishment is operating without the legally required licenses, permits, and approvals, the establishment shall be subject to immediate closure by the Town Code Enforcement Office, Building Inspector, and/or law enforcement, including, but not limited to, the Town of Cheektowaga Police Department. In such an instance, the Town shall issue a notice to the establishment of the action consistent with the notice provisions of § 80-8 of this chapter. The establishment shall have seven days to respond to said notice within which time the establishment shall cure any and all defects identified in said notice. The Town shall then schedule a hearing consistent with the hearing provisions of § 80-8 of this chapter.
A. 
A special use permit issued under this chapter shall be valid for one year.
B. 
An application to renew such a permit must be submitted to the Town Clerk at least 60 days prior to the expiration of the permit to allow the Town time to review the renewal.
C. 
The Town Clerk will coordinate a review of the application with the Town Attorney, Police Department, Code Enforcement/Building Inspector, and Town Board.
D. 
The Town may consider the establishment's compliance with the Town Code and applicable laws and regulations, along with any other information, including public input, deemed appropriate when considering a renewal application.
E. 
Any fee applicable to special use permit renewals under the Town Code shall be payable at the time the renewal application is submitted.
A. 
Generally, all establishments within the Town must always maintain peace and good order. Excessive complaints regarding the establishment will be a reason for concern prompting an informal meeting to discuss such complaints. Establishments may be subject to notices of violation, temporary cease and desist notice, or a formal hearing if the complaints continue and the issues are not obviated.
B. 
A permit issued pursuant to this chapter may be immediately suspended for cause prior to a hearing, followed by a notice of violation outlining the reasons for such immediate suspension and a timeline for an opportunity to be heard on the matter.
C. 
All hearings concerning establishments governed by this chapter will be held before a panel consisting of the Chief of Police or his/her designee, the Supervisor or his/her designee, and the Senior Codes Enforcement Officer or his/her designee.
D. 
Formal hearings will be scheduled within 60 days of the issuance of the notice to the establishment.
E. 
Notice shall be sent by certified mail to the owner of the establishment, and the operator if different from the owner, along with a notice affixed to the door of the establishment. The failure to receive such notice shall in no way affect the validity of the notice so long as the Town's issuance of the notice was carried out in the manner provided for by this section.
F. 
Failure by the permit holder to appear for any scheduled hearing will result in an immediate revocation of the license to operate. In the case that a temporary suspension has already been issued, then said suspension shall be allowed to continue until a hearing is held.
G. 
The establishment must cease engaging in selling, dispensing, distributing, or allowing the use of goods and merchandise, including cannabis, from the date of the alleged violation and notice thereof, until the Town issues a determination reinstating the special use or other required permit.
A. 
In addition to other penalties available to the Town in equity and law, if, upon the trial of an action or upon a motion for summary judgment, a finding is made that defendants have conducted, maintained, permitted, or allowed conduct in violation of this chapter, a penalty may be awarded in an amount not to exceed $1,000 for each day it is found that defendants conducted, maintained, permitted, or allowed the conduct after notice to abate had been given by the Town. Upon recovery, such penalty shall be paid into the General Town Fund.
B. 
Should the Town pursue any legal remedy in a court of competent jurisdiction, it shall be entitled to recover attorneys' fees, costs, and disbursements from the owner of the real property that is the subject of the violation. The failure to pay such attorneys' fees, costs, and disbursements shall constitute a lien upon the property of the person liable to pay the same, in the same manner and to the same extent as the tax and penalty imposed by the New York State Tax Law.
Nothing within this chapter of the Town Code shall preclude the Town of Cheektowaga, Cheektowaga Police Department, and/or Town of Cheektowaga Code Enforcement Officers from prosecuting and/or enforcing the very same acts prohibited in this chapter against the same owner(s), occupier(s), tenant(s), or lessee(s) of any building, structure, or real property under any other applicable section of the Town Code or laws of the State of New York.