Mount Vernon City Zoning Code
ARTICLE XIV
Cannabis
§ 267-80 Title.
This article shall be known and may be cited as the "City of Mount Vernon Cannabis Code."
§ 267-81 Authority.
This article is adopted pursuant to § 131 of the Cannabis Law of the State of New York, § 20 of the Municipal Home Rule Law, and §§ 19 and 20 of the General City Law of the State of New York, which authorize the City to adopt provisions that advance and protect the health, safety, and welfare of the community, and to "regulate and restrict the location of trade and industries and the location of buildings, designed for specified uses," and to regulate "the time, place and manner of the operation of licensed adult-use cannabis retail dispensaries and/or on-site consumption sites."
§ 267-82 Statement of purpose.
A.
Section 131 of the Cannabis Law of the State of New York authorizes cities, towns, and villages to pass local laws and regulations governing the time, place, and manner of the operation of licensed adult-use cannabis retail dispensaries or on-site consumption sites, provided such law or regulation does not make the operation of such licensed retail dispensaries or on-site consumption sites unreasonably impracticable as determined by the Cannabis Control Board of the State of New York.
B.
The purpose of these cannabis regulations is to provide for the placement and regulation of adult-use medical and recreational marijuana dispensaries and consumption sites as authorized pursuant to state law and regulations with the goal of minimizing potential adverse impacts on adjacent properties, neighborhoods and the City in general.
§ 267-83 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The term "cannabis" shall have the same meaning as the term is defined in § 3 of the Cannabis Law of the State of New York.
The New York State Cannabis Control Board created pursuant to Article 2 of the Cannabis Law of the State of New York.
A place of business with a New York State-issued consumption license that sells cannabis products for on-site consumption and admits only adults 21 years of age and older for purchase and consumption of the product on the licensed premises.
A place of business with a New York State-issued retail dispensary license that sells recreational and/or medical marijuana as a packaged retail product that is not consumed on-site.
§ 267-84 Applicability.
The requirements of this article shall apply to all cannabis dispensaries and consumption sites in the City of Mount Vernon.
§ 267-85 Location.
A.
Cannabis dispensaries and consumption sites shall be located only in the following zoning districts: Neighborhood Business (NB), Office Business (OB), Downtown Business (DB), Commercial Business (CB), Landscaped Industrial (LI-7.5, LI-15), and Industry (I) Zoning Districts.
B.
Cannabis dispensaries and consumption sites shall not be permitted:
(1)
Within 1,000 feet of any other lot containing another cannabis dispensary or consumption site.
(2)
Within 500 feet of any lot containing a community purpose building, house of worship, or school grounds (as such term is defined in the NYS Education Law).
§ 267-86 Hours of operation.
§ 267-87 Signage.
A.
Any signage relating to cannabis dispensaries and consumption sites shall contain only letters or numbers, and shall be prohibited from including any images.
B.
No sign shall be within, or be readily observed within, 500 feet of the perimeter of school grounds (as such term is defined in NYS Education Law), day-care centers, youth services, playgrounds, public parks, libraries, or community purpose buildings.
§ 267-88 Parking.
A.
Dispensaries shall comply with the City of Mount Vernon Off-Street Parking and Loading Space Requirements for "retail stores, shops, and person service establishments," as set forth in Attachment 3 of this chapter.
B.
Consumption sites shall comply with the City of Mount Vernon Off-Street Parking and Loading Space Requirements for "bars, nightclubs and catering halls," as set forth in Attachment 3 of this chapter.
§ 267-89 General provisions.
A.
Cannabis dispensaries and consumption sites shall comply with the following:
(1)
The dispensary or consumption site must comply with all requirements as specified in the zoning district where the dispensary or consumption site is located, except as specified in this article.
(2)
All dispensaries and consumption sites shall comply with all applicable state and local public health regulations and all other applicable state and local laws, rules and regulations.
(3)
Premises licensed as a dispensary must be located in a building with a principal entrance at the street level and located on a public thoroughfare.
(4)
No drive-through or walk-up window sales to the public shall be permitted at a dispensary or consumption site.
(5)
Cannabis establishments shall not be operated in any manner that causes the odor of cannabis products to extend to the exterior of the structure so as to create a nuisance or annoyance to the public.
(6)
Outdoor smoking of cannabis on-site is prohibited.
(7)
Outdoor seating areas are prohibited.
(8)
Dispensaries and consumption sites shall operate in a manner that keeps orderly control of vehicles and pedestrian traffic on-site. At no time shall the site be operated in a manner so as to cause vehicular or pedestrian lines that extend beyond the lot lines.
(9)
Dispensaries and consumption sites shall implement security measures to prevent unauthorized access and ensure public safety.
B.
If any provision, paragraph, sentence, or clause of this article shall be determined to be in conflict with applicable state law or regulations, the provisions of said state law or regulations shall prevail.
§ 267-90 Inspections.
The City reserves the right to inspect the facilities of cannabis dispensaries and consumption sites in accordance with the standards and sustainable practices set forth by the New York State Office of Cannabis Management, including all applicable local fire, safety and building codes, regulations and laws.
§ 267-91 Enforcement.
Any violation of this article shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the City Code.
§ 267-92 Severability.
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.