The establishment and operation of breweries may only be located in the Central Business A District, Highway Business District and the Marine Business District, subject to the following conditions and requirements:

A brewery shall be permitted to have, as an ancillary use, a tasting room as defined in § 306-51.

Due to the characteristics of liquid waste from the production and manufacturing of craft beer from a brewery and, more specifically, the generating of excess BOD and excess TSS that enumerates levels that have a deleterious effect upon the sewage treatment facility and the excess cost to the Village of Northport to safely treat, transport and dispose of the BOD and the TSS, the Village of Northport shall charge each brewery a surcharge.

Any brewery that discharges BOD into the sewer treatment facility in excess of the limit specified below shall be charged a surcharge by the Village of Northport:

Any brewery that discharges TSS into the sewer treatment facility in excess of the limit specified below shall be charged a surcharge by the Village of Northport:

The Village of Northport shall have the right to enter and inspect any part of the premises served by the public sewage treatment facility for the purpose of obtaining samples of wastes and inspecting flow-measuring devices or treatment facilities provided to prevent excess BOD discharge. The inspection shall be conducted by the Village of Northport or its respective designee, and they may enter upon the premises at any reasonable time to inspect for BOD discharge levels. Inspections shall be conducted no less than once a month and no greater than three times a month to compel compliance.

All measurements, tests and analysis of the characteristics of wastewaters, discharges or wastes called for under this article shall be performed in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, Inc., et a1; ASTM Standards, Part 31, Water, Atmosphere Analysis, published by the American Society for Testing and Materials; Methods for Chemical Analysis of Water and Wastes, published by the United States Environmental Protection Agency; and/or 40 CFR Part 136, Guidelines Establishing Test Procedures for the Analysis of Pollutants, including amendments to any of the foregoing, or, at the action of the Village Administrator with written recommendation from the Village Engineer, such other standards as he or she may designate.

All laboratory testing costs associated with analysis of the waste stream shall be borne by the owner of said facility at the current rate schedule of the testing facility employed to provide such services by the Village. The Village shall have the sole discretion to choose the laboratory testing facility. All fees associated with the testing, including administrative and labor fees, shall be borne by the owner of the facility.

A brewery distillery, as defined in § 306-51, that discharges wastewater into the Northport sewer treatment facility shall be charged, in an addition to the annual fee as stated in Chapter 239 of the Village Code, a surcharge for the excess BOD and TSS produced.

Said surcharge shall become due and payable on the first day of June and December in each year or such other day or dates as may be determined by the Board of Trustees. The invoices shall be mailed to the owner of the brewery and the owner of the land on which the brewery operates. They shall be collected by the Village Treasurer and shall constitute a lien on real property pursuant to Article 14-F of the General Municipal Law. There shall be an additional charge of 1% per month on any invoice that is not paid beginning 31 days after the date the invoice is sent out.

For each violation of the provisions of this article, the property owner, the person(s) in charge of, or the operator of the brewery distillery where such violation has been committed or exists shall be held liable, on conviction thereof, to a fine or penalty of not less than $500 nor more than $5,000 for a conviction of a first offense; upon conviction of a second offense where the offense is committed within a period of two years of the first offense, a fine of not less than $1,000 nor more than $10,000; and upon the conviction of a third or subsequent violation where the offense is committed within a period of two years of the first and second offense, a fine of not less than $1,500 nor more than $15,000. Each day or part thereof such violation continues following notification by the Village or service of a summons shall constitute a separate offense punishable in like manner.

In addition to the criminal penalties set forth herein, the Village Attorney is authorized to pursue civil and equitable relief, including, but not limited to, compensatory actions, civil penalties in the amount not to exceed $250 per day, or any part thereof, an action to compel compliance with or to restrain by injunction the violation of this article, and any other remedies which in the opinion of the Village Attorney may seem necessary and proper. Such civil and equitable relief may be sought in a court of competent jurisdiction. Any civil monetary penalty awarded may be added to the tax bill of the property where the violation has occurred and shall be collected in the same manner.

In any civil or equitable action or proceeding commenced in the name of the Village of Northport for violations of this article, if the Village is successful in its action or proceeding, then the Village of Northport is authorized to seek recovery of its attorneys' fees in addition to other civil penalties.

The remedies provided for in this article are not exclusive of any other remedies available under applicable federal, state or local law.

Any brewery distillery, as defined by this article and lawfully existing in the Village of Northport at the time of adoption of this article under either a special use permit or variance, or both, granted by the Zoning Board of Appeals, shall be exempt from the application of § 306-21 of the Northport Village Code respecting off-street parking for business districts. Any brewery distillery proposed under this article following the adoption of this article shall provide off-street parking at the rate of one space for every 75 square feet of area of the premises of the brewery distillery.

Application. No statement in this article shall be construed to interfere with any additional requirements that may be imposed by any federal, state or local health authority having jurisdiction.

Severability. If any provision of this article shall be adjudged invalid, the judgment shall apply only to the provision so adjudged and shall not affect, impair or invalidate any other provision of this article.

Repealer. All ordinances or local laws or parts thereof in conflict with this article are hereby repealed.

This article shall be in effect upon adoption by the Board of Trustees.