Village Of Stewart Manor
 Laws 

Proposed Local Law

1 of 2019
March 08, 2019
Table Of Contents:
Overview:

PROPOSED LOCAL LAW FOR THE INCORPORATED VILLAGE OF STEWART MANOR

AMENDING CHAPTER 200 ENTITLED “ZONING”, § 200-23 ENTITLED “PERMITTED USES IN BUSINESS DISTRICT; RESTRICTIONS.”, SUBSECTION D TO INCLUDE THE DEFINITIONS FOR “MARIJUANA RETAIL STORE”, “MEDICAL MARIJUANA DISPENSARY”, “MARIJUANA”, “MARIJUANA PRODUCT”, AND “MEDICAL MARIJUANA”

Body:

§ 200-23. Permitted uses in Business District; restrictions.

 

D.        Adult uses.

 

(1)        Notwithstanding any provision to the contrary contained in this section, the following adult uses shall be prohibited within the Business District:

 

  1. Adult bookstore. For purposes of this subsection, an adult bookstore shall be defined as an establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

     

  2. Adult entertainment cabaret. For purposes of this subsection, an adult entertainment cabaret shall be defined as a public or private establishment which presents topless dancers, bottomless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

     

  3. Adult novelty store. For purposes of this subsection, an adult novelty store shall be defined as an establishment having as a substantial or significant portion of its stock-in-trade adult novelties or materials as such are defined in § 235.00, Subdivision 2, of the Penal Law of the State of New York, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

     

  4. Body-piercing salon. For purposes of this subsection, a body-piercing salon shall be defined as an establishment which performs piercing activities upon body parts and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

     

  5. Head shop. For purposes of this subsection, a head shop shall be defined as an establishment having as a substantial or significant portion of its stock-in-trade drug paraphernalia or accouterments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

     

  6. Massage establishment. For purposes of this subsection, a massage establishment shall be defined as any establishment having a fixed place of business where massages are administered for pay, including, but not limited to, massage parlors, sauna baths and steam baths. This definition shall not include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise rooms, and which do not receive their primary source of revenue through the administration of massages.

     

  7. Peep shows. For purposes of this subsection, a peep show shall be defined as a theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes minors by reason of age.

     

  8. Tattoo parlor. For purposes of this subsection, a tattoo parlor shall be defined as an establishment which performs tattoo activities and which is not open to the public generally but excludes minors by reason of age.

     

  9. Hookah Bar.  Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking of tobacco or other substances through one or more hookah pipes (also commonly referred to as a “hookah,” “waterpipe,” “shisha” or “narghile”), including, but not limited to, establishments known variously as “hookah bars,” “hookah lounges” or “hookah cafes.”

     

  10. Vape Shop.  Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking or selling of electronic cigarettes, vapors, e-liquids, otherwise legal marijuana derivatives, or other substances that are smoked through an Electronic Cigarette or any similar product.

  11. MARIJUANA RETAIL STORE.  A building, structure or premises engaged in the sale, use or distribution of Marijuana and/or Marijuana Products for non-medical use.  A building, structure or premises shall be considered a Marijuana Retail Store regardless of whether products in addition to Marijuana Products are offered for sale, use or distribution at the building, structure or premises and regardless of the amount of Marijuana or Marijuana Products available for sale, use or distribution at the building, structure or premises in comparison to other products offered for sale, use or distribution at the building, structure or premises.


  12. MEDICAL MARIJUANA DISPENSARY.  A building, structure or premises authorized by the New York State Department of Health to dispense or distribute Medical Marijuana in accordance with Article 33 of the Public Health Law and Part 1004 of Title 10 of the New York Codes, Rules and Regulations.

 

  1. MARIJUANA.  The term “Marijuana” shall have the same definition ascribed to “Marihuana” in §3302 of the New York Public Health Law.

     

  2. MARIJUANA PRODUCT.  Marijuana and/or any material, substance or other thing derived (in any manner) from Marijuana or which contains Marijuana as a component part in any amount or concentration.


  3. MEDICAL MARIJUANA.  The term “Medical Marijuana” shall have the same definition ascribed to Medical Marihuana in §3360 of the New York Public Health Law.

     

     

    (2)        The above list of adult uses is not intended to be an exhaustive list of adult uses sought to be regulated by this section. If, upon review of a building application, the Superintendent of Buildings determines that the application is for the establishment of an adult use, the provisions of this section shall apply to same.

     

     

     

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