For the purpose of chapter 25, article XV, the following definitions shall apply:

Cannabis is also known as marijuana, weed, or other names, is a psychoactive drug derived from the cannabis plant containing tetrahydrocannabinol (THC), Cannabidiol (CBD), or both.

Establishment means any store, business or establishment, which has tobacco or cannabis inside the store or business, whether for recreational use, sale, distribution and/or any other transfer of tobacco or cannabis, including, but not limited to gifts and/or promotions.

Hookah means a device or system, usually consisting of water pipes used to smoke tobacco.

Tobacco means plant or plant material containing nicotine, and used to make products that can be consumed, by chewing, sniffing, smoking, or used as snuff.

Vaping means use of an electronic cigarette or vape device, which heats nicotine or cannabis derivatives to create an aerosol to inhale.

(L.L. No. 3-2024, § 1, 7-16-24)

Editor's note— Local Law No. 3-2024, § 1, adopted July 16, 2024, added provisions to be setout as § 25-352. In order to avoid duplication of numbers, this § has be renumbered as § 25-351 at the discretion of the editor.

Tobacco/hookah/vaping and cannabis establishments are permitted, subject to the following restrictions:

(1)

Establishments shall not be located within five hundred (500) feet of another establishment.

(2)

Establishments shall not be located in the residential or restricted business districts, even if the primary use of the business is for the sale, distribution or use of another product.

(3)

No establishment shall be located within five hundred (500) feet of another tobacco/hookah/vaping or cannabis establishment located in the Village of Kenmore.

(4)

No tobacco/vaping/hookah or cannabis shall be used within five hundred (500) feet of a school building, or property and/or within two hundred (200) feet of a church or place of worship.

(5)

No tobacco/vaping/hookah or cannabis shall be used, sold or distributed on or in any public property, building, park, or greenspace.

(L.L. No. 3-2024, § 1, 7-16-24)

(a)

No person or business shall own or operate a tobacco, hookah, vaping, and/or cannabis establishment unless a license is first obtained from the building department.

(b)

Within twelve (12) months of the passage of this local law, all current owners and operators of any existing tobacco, hookah, vaping, cannabis establishment must apply for and obtain a valid license for each such establishment in order to continue its operations.

(c)

For each individual establishment, the application and license fee shall be two hundred dollars ($200.00), which may be amended by the village board of trustees from time to time, by resolution.

(L.L. No. 3-2024, § 1, 7-16-24)

Every applicant for a license issued pursuant to this chapter shall submit to the village board of trustees the following:

(1)

The name, address, and telephone number of the individual or entity applying for a license, the name and location of the business to receive a license. If the applicant is a corporation, the applicant must list an individual who resides in Erie County for purposes of service and notice.

(2)

The applicant's or applicant designee's driver's license as proof of residency within Erie County.

(3)

Proof of registration with New York State as a tobacco and/or vape retail dealer.

(4)

All applicants shall submit to the Kenmore Police Department background check for any owner and/or operator of a proposed establishment, the results of which shall be provided to the village clerk.

(5)

A description of all establishments proposed to be managed or owned by the applicant, including the street addresses, phone and contact information.

(6)

Proof of business address. Applicants must submit a copy of two (2) of the following documents in the name of either the business or an individual listed on the application:

a.

Utility bill dated within the last ninety (90) days,

b.

Current lease or deed,

c.

Current rent of mortgage bill, or

d.

Current active license or permit issued by New York State agency showing the business address.

(7)

Detailed list of all products to be sold, displayed, used, distributed in the establishment.

(8)

Other reasonable information as requested by the building inspector, Kenmore Police Department or other village official.

(9)

All signage must be reviewed and approved by the Kenmore Planning Board. No signage shall include images or representations of cigarettes, cannabis, pipes or other paraphernalia.

(L.L. No. 3-2024, § 1, 7-16-24)

(a)

Within ninety (90) days of receiving a complete application under section 25-354 this chapter, unless extended by a request for additional information, the village board of trustees, after a public hearing, shall issue a written determination on the application. All issued licenses shall contain the following conditions:

(1)

Each tobacco, hookah, vaping, and/or cannabis establishment license shall expire on May 31 of every year. A complete year shall run from June 1 to Mary 31 ^st of the following year.

(2)

Licenses for tobacco, hookah, vaping, and/or cannabis establishments shall be for one establishment only and shall not be transferable. A new license shall be required in the event of a change of ownership or control of any such establishment, including the sale of more than fifty (50) percent of the membership interest of any limited liability company.

(3)

Whenever an establishment ceases to operate for more than twelve (12) months, a new license must be obtained prior to a continuation of said establishment.

(4)

There shall be no illegal sale, dispensing, or on-premises use of cannabis or its byproducts at any tobacco, hookah, or vaping establishment.

(L.L. No. 3-2024, § 1, 7-16-24)

(a)

A license for any establishment regulated under this article may be denied by the Village of Kenmore if:

(1)

Prior bad acts by the applicant demonstrate an unwillingness to comply with village codes and/or ordinances;

(2)

The location of the licensed activity is more likely than not to negatively impact the neighborhood based on the establishment's proximity to school, educational facility, place of worship, or assembly; and/or

(3)

Applicant is not a registered as a New York State tobacco, cannabis, and/or vape retail dealer.

(b)

No license shall be considered issued or effective unless approved by the Village of Kenmore Board of Trustees, after a public hearing.

(L.L. No. 3-2024, § 1, 7-16-24)

(a)

Commencing January 1 ^st 2024, all existing tobacco, hookah, vaping, and/or cannabis establishments shall be inspected annually by the Village of Kenmore Building Inspector or his designee.

(b)

Any overt act by the owner, operator, or agent of an establishment intended to prevent the legal inspection of such establishment or its premises shall be deemed immediate grounds for temporary revocation of a license, where a license is held by that establishment, and/or a prohibition from obtaining any future license within the next two (2) year from the date of revocation.

(L.L. No. 3-2024, § 1, 7-16-24)

(a)

The owner or operator of any tobacco, hookah, vaping, and/or cannabis establishment licensed by the village shall comply with all provisions state, county, village applicable laws.

(b)

The owner or operator of any tobacco, hookah, vaping, and/or cannabis establishment shall comply with all notices, orders, decisions, rules, and regulations made by the building department, the Kenmore Police Department, or any other agency having authority over the use.

(c)

Any owner or operator of any tobacco, hookah, vaping, and/or cannabis establishment found to violate the provisions of this article may be liable for penalties, as set forth in section 25-361 or any other applicable sections of the Kenmore Municipal Code, and may be subject to revocation of said license, pending a hearing before the village board of trustees, which will be scheduled within sixty (60) days of said violation. The property owner or operator of the violating establishment shall be prohibited from engaging in any sale, distribution, or dispensing of any tobacco, hookah, vaping, and/or cannabis products at such establishment from the date of the alleged violation until the hearing and the final determination is complete.

(L.L. No. 3-2024, § 1, 7-16-24)

Generally, all establishments and businesses with the Village of Kenmore must maintain peace and good order. Excessive 911 calls or other complaints regarding the establishment will be reason for concern prompting an informal hearing to review such complaints. Establishments may be subject to temporary cease and desist notices if complaints and or issues continue.

(1)

Evidence of significant 911 and other complaints may be sufficient evidence for the village to request a formal hearing. This hearing may result in further conditions on the continued operation of the establishment.

(2)

A license issued pursuant to this chapter may be immediately suspended for cause prior to the hearing, followed by notice of violation outlining the reasons for such immediate suspension and a timeline for an opportunity to be heard on the matter.

(3)

During a scheduled hearing, the board of trustees may consider such factors, including but not limited to, years of operation, number of violations against the property, 911 and other complaints. Generalized community opposition will not be grounds for revocation and discontinuation of a license.

(4)

Failure 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.

(5)

A decision to reinstate a suspended license may only be made by the board of trustees, after a complete hearing of the facts.

(L.L. No. 3-2024, § 1, 7-16-24)

(a)

An application to renew any license issued under this chapter shall be filed with the building department no more than ninety (90) days and no less than sixty (60) days prior to the expiration of the current license.

(1)

Continued operation without a license renewal will result in a fine of one thousand dollars ($1,000.00), if not paid within five (5) business days of the notice. An escalated fine may be added in increments of fifty dollars ($50.00) for every five (5) days of continued operation without a license or license renewal.

(b)

Renewal applications shall be accompanied by a non-refundable renewal fee of fifty dollars ($50.00) payable to the Village of Kenmore.

(c)

The building department may consider the licensee's compliance with village codes and ordinances including but not limited to building codes, noise ordinances, and any other appropriate information.

(L.L. No. 3-2024, § 1, 7-16-24)

For violations solely of the provision of this article, the following fine schedule shall apply:

(1)

Operation without a license. A fine of two thousand dollars ($2,000.00) if the establishment opened or operated without first obtaining a license. If not paid within five (5) business days of the notice, and escalated fine may be added in increments of one hundred dollars ($100.00) every five (5) days of violative operation.

(2)

Violation of the renewal non-payment. A fine of one thousand dollars ($1,000.00) if not paid within five (5) business days of the notice. An escalated fine may be added in increments of fifty dollars ($50.00) every five (5) days of continued operation without a license or license renewal.

(3)

For all violations relating to the advertisement on exterior walls and doors of the building. A fine, not to exceed two hundred dollars ($200.00) for the first offense. An additional one hundred dollars ($100.00) is to be added to any future offenses relating to prohibited advertising.

(4)

For each condition violated. A fine of one hundred dollars ($100.00) if not paid within five (5) business days of the notice. An escalated fine may be added in increments of fifty dollars ($50.00) every five (5) days of continued violative operation.

(L.L. No. 3-2024, § 1, 7-16-24)

This local law is to be read to be compliant with other applicable sections of the Kenmore Municipal Code and applicable New York State Laws. The provisions of this article shall be deemed independent and severable, and any inconsistencies shall not be read to invalidate the entire chapter.

(L.L. No. 3-2024, § 1, 7-16-24)

The building department shall issue permits for the sale, dispensary, growth, or otherwise business of cannabis and its byproducts.

(1)

Pursuant to New York State Public Health Law Chapter 45, Article 13E, no person shall smoke in any outdoor park. For purposes of this section "park" shall mean a public park, pools, playgrounds, recreation centers.

(2)

Compliance. Cannabis establishments must comply with all conditions of the issued permit and all requirements of other New York State Office of Cannabis Management requirement license.

(L.L. No. 3-2024, § 1, 7-16-24)

A licensee regulated pursuant to this chapter must notify the village building department within five (5) business days of:

(1)

Any change in ownership or control of an Establishment, including the sale of more than fifty (50) percent of the membership interest of any limited liability company.

(2)

Any change in contact information for the licensee, owner or operator.

(3)

Any change in the status of any license issued by the State of New York for the sale, distribution, or disbursement of tobacco, hookah, vaping, and/or cannabis products, whether revoked, suspended, or otherwise terminated.

(4)

Any intended change to exterior-facing signage.

(L.L. No. 3-2024, § 1, 7-16-24)