Ontario City Zoning Code
ARTICLE XVI
Cannabis Overlay District
§ 150-47 Purpose.
This Article XVI sets forth supplemental regulations, procedures and conditions which shall apply to certain land use activities in the Town of Ontario that are incongruous or sufficiently different in terms of their nature, location and potential effect on the surrounding environment and the quality of the environment and that warrant special evaluation of each individual case.
§ 150-48 Applicability.
No building or use permit shall be issued by the Code Enforcement Officer for any land use or activity listed in Schedule II[1] as having special conditions applicable (SC) or requiring a special permit (SP) until the Code Enforcement Officer is satisfied that applicable regulations, as set forth in this article, have been complied with or that a modification of such regulations has been duly made.
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
§ 150-49 Findings and legislative intent.
A local municipality is preempted and unable to prevent the recreational use of cannabis within its boundaries and also from adopting any law, rule, ordinance, regulation, or prohibition pertaining to the operation or licensure of registered organizations, adult-use cannabis licenses, or cannabinoid hemp licenses. However, it does have the ability to assign time, place, and manner of restriction to cannabis retail dispensaries. Rather than opt out of allowing cannabis retail dispensaries, the Town Board believes that a more balanced approach is to restrict the location that dispensaries are permitted in.
§ 150-50 Retail dispensaries; restrictions.
A.
Standards and conditions:
(1)
Cannabis retail dispensaries shall only be permitted in the Cannabis Overlay District, inclusive of cannabis retail, distribution and on-site consumption. These limitations apply to smoke and vape shops that acquire licenses to become cannabis retail dispensaries.
(2)
Hours of operation for a cannabis retail dispensary will be conducted between 8:00 a.m. and 10:00 p.m.
(3)
No cannabis retail dispensaries and consumption sites shall be permitted:
(a)
Within 2,000 feet of any other lot containing another cannabis retail dispensary.
(b)
Within 1,200 feet in which is located a house of worship, school, nursing home, hospital, nursery school, preschool, dance studio, martial arts studio, park or parkland, and facilities for the mentally or physically handicapped for housing, training, or places of employment, regardless of whether such facility is owned by or under contract to any governmental agency.
(c)
The distance limitations in this subsection shall be measured in a straight line, without regard for intervening structures, from the nearest point of any lot described in Subsection B(1) and (2) to the front door of the cannabis retail dispensary.
(d)
A cultivation operation, cannabis dispensary or consumption location cannot be collocated.
(e)
No one under the age of 21 will be permitted within any establishment.
(f)
Buildings must possess proper filtration and ventilations (air and water).
(g)
Must be conducted within a building with a minimum of three exterior walls.
B.
Delivery of cannabis.
(1)
Delivery of cannabis from an authorized licensed retail dispensary within the Town of Ontario is permitted. The following standards and conditions apply:
(a)
Adults 21 years or older can purchase up to three ounces (85 grams) of cannabis flower and up to 24 grams of concentrated cannabis (oils, tincture, edibles, vapes, etc.) in a single day for delivery in New York. Retail dispensaries may further restrict the amount of cannabis products a consumer may purchase based on current inventory.
(b)
Delivery orders of cannabis products can be placed by visiting the retail dispensary's website or may be offered by phone.
(c)
Deliveries can only be made during the retail dispensary's hours of operation of 8:00 a.m. to 10:00 p.m.
(d)
If applicable with the retail business, orders can be scheduled for future delivery.
(e)
Deliveries can only be made to a physical address within the State of New York and to a customer (21+) who is located at all forms of residential properties, short- and long-term residencies, or private businesses anywhere in New York State. Deliveries are not permitted anywhere else, including but not limited to public buildings, public spaces, including parks, community centers, any school grounds, day-care centers, and houses of worship or to a motor vehicle.
(f)
At the time of placing an order online for delivery, customers must attest that they are of legal age (21+) to consume cannabis at time of purchase.
(g)
At time of delivery, an additional identification check must be carried out by the employee making the delivery to complete the order. Valid identification (ID) is considered to be the following:
[1]
A valid federal, state, or local government identification stating the customer's age and a photograph of the individual's face.
[2]
A valid driver's license or non-driver identification card issued by the Department of Motor Vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States or a provincial government of the Dominion of Canada.
[3]
A valid passport issued by the United States government or any other country.
[4]
An identification card issued by the armed forces of the United States.
(h)
Cash payments from cannabis customers to delivery employees are not accepted. All deliveries must be pre-paid online or over the phone at the time the order is made.
(i)
Deliveries within the State of New York must be made by ground transportation (such as a car, van, bike, scooter, foot, etc.).
(j)
Should the receiver of the cannabis not be the individual placing the order, the individual placing the order must attest that the individual accepting the order is over 21 years of age and that individual accepting the order must show valid identification, as it is described above, when they accept the delivery.
(k)
Customers must receive an invoice or receipt at the time of delivery. This will include information on the dispensary the purchase was made from (name, location, address), the name and quantity of products delivered, the name of the delivery employee, and other information.
(l)
ID verification and a signature from the customer for each order is required at the time of delivery.
(m)
Delivery-only locations are not authorized for any on-site sales or pickup within the Town of Ontario.
§ 150-51 On-site consumption restrictions.
A.
It shall be unlawful for any person to consume, smoke, vape or utilize cigarettes, cigars, pipes, electronic cigarettes or use any other form of tobacco or cannabis in, on, or within any Town parks and buildings.
B.
Outdoor restrictions.
(1)
No person shall, within the Town of Ontario, smoke or vape marijuana in any area where tobacco smoking is also prohibited, including while such person is in, upon, or within 100 feet of any of the following outdoor areas:
(a)
Public transportation facilities.
(b)
Public parking lots.
(c)
Public swimming pools.
(d)
Playgrounds.
(e)
Public parks.
(f)
Ticketing, boarding or platform areas of railroad stations operated by the MTA.
(g)
On the grounds of hospitals and residential health care facilities, except in lawful, designated areas.
C.
Indoor restrictions.
(1)
With respect to smoking and vaping, cannabis is treated the same as smoking or vaping tobacco products. Consequently, pursuant to Public Health Law Article 13-E, tobacco and cannabis products may not be smoked or vaped in the following indoor areas:
(a)
Places of employment.
(b)
Bars.
(c)
Food service establishments, except as provided in Public Health Law § 1399-q.
(d)
Enclosed indoor areas open to the public containing a swimming pool.
(e)
Public means of mass transportation, including waiting areas and, when occupied by passengers, buses, vans, taxicabs, and limousines.
(f)
Ticketing, boarding, and waiting areas in public transportation terminals.
(g)
Youth detention centers and facilities.
(h)
Any facility that provides child-care services.
(i)
Child day-care centers.
(j)
Group homes for children.
(k)
Public institutions for children.
(l)
Residential treatment facilities for children and youth.
(m)
All public and private colleges, universities and other educational and vocational institutions, including dormitories, residence halls, and other group residential facilities that are owned or operated by such colleges, universities and other educational and vocational institutions, except that these restrictions do not apply in any off-campus residential unit occupied by a person who is not enrolled as an undergraduate student in such college, university or other educational or vocational institution.
(n)
General hospitals and residential health care facilities.
(o)
Commercial establishments used for the purpose of carrying on or exercising any trade, profession, vocation, or charitable activity.
(p)
Indoor arenas.
(q)
Zoos.
(r)
Bingo facilities.
D.
Schools and libraries. Pursuant to Penal Law § 222.10 and Public Health Law Article 13-E, individuals may not smoke, vape, or ingest cannabis or concentrated cannabis on school grounds (as defined by Education Law § 1125, Subdivision 10), within 100 feet of entrance, exit or outdoor areas of an elementary or secondary school or of a public library (except this does not apply to smoking or vaping in a residence or within the real property boundary lines of residential real property), or in or on a school bus.
E.
Any signage shall contain only letters and shall be prohibited from including any images. Additionally, any and all signage must adhere to Ontario Town Code § 150-51.
(1)
Not contain any flashing lights.
(2)
Be a flat plane, rectangular in shape.
(3)
Not exceed 32 square feet in area; any sign larger than 32 square feet will require prior approval from the Planning Board.
(4)
Not project at a right angle from the building.
(5)
Be affixed or attached to any wall or door of the enterprise.
(6)
Primary signs shall contain no photographs, silhouettes, drawings, or pictorial representations in any manner and may contain only the names of the enterprise.
(7)
Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.
(10)
No landmark signage.
(11)
No pylon or freestanding signage.
(12)
No advertising in windows, such as signs, words, pictures.
(13)
All windows must be tinted and outward viewing only.
F.
Lighting and security.
(1)
Local government has the right to review the location's lighting and security regulations so that retail dispensaries and on-site consumption businesses can incorporate the light and security that may be needed for these businesses.
(2)
Lighting shall not encroach onto neighboring properties.
(3)
Motion detectors or timers should be considered as part of any lighting plan.
(4)
Must adhere to Town of Ontario Code pertaining to lighting requirements and standards.
(5)
Must be dark-sky compliant on the property.
G.
No more than one cannabis retail dispensary or on-site consumption facility shall be permitted on any lot.
H.
The proposed use shall meet all other requirements of this chapter and other ordinances and local laws of the Town of Ontario and all other requirements of the laws of Wayne County and New York State.
I.
No person under the age of 21 years shall be permitted inside the premises.
J.
Buildings must possess proper filtration and ventilations (air and water).
K.
Must be conducted within a stand-alone building.
L.
Code Marijuana Regulation and Taxation Act (MRTA) 854-A § 77.[1]
(1)
No adult-use cannabis on-site consumption licensee shall keep upon the licensed premises any adult-use cannabis products except those purchased from a licensed adult-use distributor; registered organization adult-use cultivator, processor, distributor, or retail dispenser; registered organization adult-use cultivator, processor, and distributor; cooperative or microbusiness authorized to sell adult-use cannabis, and only in containers approved by the Board. Such containers shall have affixed thereto such labels as may be required by the rules of the Board. No adult-use on-site consumption licensee shall reuse, refill, tamper with, adulterate, dilute or fortify the contents of any container of cannabis products as received from the manufacturer or distributor.
(2)
No adult-use on-site consumption licensee shall sell, deliver or give away, or cause or permit or procure to be sold, delivered or given away, any cannabis for consumption on the premises where sold in a container or package containing a quantity or number of servings more than authorized by the Board.
[1]
Editor's Note: See § 77 of the Cannabis Law.
§ 150-52 Inspection requirement.
A.
A person may operate a licensed retail business engaging in the transfer, distribution, cultivation or sale of cannabis in the Town of Ontario only in accordance with the provisions of this chapter.
B.
Prior to the commencement of any licensed retail business engaging in the transfer, distribution, cultivation or sale of cannabis or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, ordinances, rules, and regulations applicable to the use and occupancy for a licensed retail business engaging in the transfer, distribution, cultivation or sale of cannabis and compliance with this chapter.
C.
All Code Enforcement Officials, including the Town Building Inspector and Town Zoning Enforcement Officer, shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials.
D.
Any owner and/or operator, employee of the owner and/or operator or agent of the owner/operator shall permit representatives of the Wayne County Sheriff's Office, the New York State Police, the County or State Health Department, the Town Building Inspector, the Town Code Enforcement Officer or other town, county or state department or agencies that has permitting authority regarding the use and/or premises to inspect the premises of a licensed retail business engaging in the transfer, distribution, cultivation or sale of cannabis for the purpose of ensuring compliance with this chapter at any time it is occupied or open for business.
§ 150-53 Violations.
It shall be deemed a violation of this chapter if any person, owner and/or operator, an employee of the owner and/or operator or an agent of the owner/operator has:
A.
Violated or is not in compliance with any section of this chapter.
B.
Refused to allow an inspection of the business premises as authorized by this chapter.
C.
Had the possession, use or sale of a controlled substance occur on the premises.
D.
Operated after having a valid license issued by the NYS Office of Cannabis Management revoked, suspended, nonrenewed, nonissued, and/or expired.
§ 150-54 Enforcement and penalties for licensed businesses.
§ 150-55 Authority.
This article is enacted by the Town Board pursuant to its authority to adopt local laws under Article IX of the New York State Constitution and Municipal Home Rules Law § 10.
§ 150-56 Inconsistent laws.
All laws inconsistent with any provision or provisions of this article are hereby repealed, including Local Law No. 1-2024, titled "Temporary moratorium on cannabis."
§ 150-57 Severability.
If a court determines that any clause, sentence, paragraph, subdivision, or part of this article, or the application thereof to any person, firm, or corporation or circumstance, is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this article, or in its application to the person, individual, firm, or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered.
§ 150-58 When effective.
This article shall take effect immediately when it is filed in the Office of the Secretary of State in accordance with § 27 of the Municipal Home Rule Law.