LL 03 Microbreweries & Taverns New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Local Law Filing Albany, NY 12231-00o1
ww,A,.dos.state.ny.us/corps
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Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
County ❑City ®Town ❑Village
(Select one.)
of Queensbury
Local Law No. 3 of the year 20 13
A local law Amend Queensbury Town Code Chapter 179 "Zoning"
(insert Tillej
Relating to Microbreweries and Taverns
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County ❑City [ZTown ❑Village
(Select one.)
of Queensbury as follows:
Section 1. Intent; Authority — The Town Board recognizes the potential
economic benefit of the growing popularity of microbreweries and wishes to provide for
their location within the Town. The Board also seeks to clarify the definition of"Tavern"
and specifically allow taverns in certain areas of the Town. This Local Law is adopted
pursuant to New York Municipal Home Rule Law.
Section 2. Amendment of Zoning Law — Chapter 179 of the Queensbury Town
Code, entitled "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby
amended as follows:
A. Paragraph C. of Section 179-2-010, entitled "Definitions and word usage"
is amended as follows:
(1) The following new definition of"Micro brewery"is added:
MICROBREWERY - A facility licensed by the New York State Liquor
Authority to produce or brew up to 60,000 barrels of beer annually and to
conduct such other activities as are permitted under a microbrewery
license and/or such additional permits and licenses as may be granted by
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(If additional space is needed, attach pages the same size as this sheet, and number each.)
0239-f-1 (Rev.06/12) 1 of 8
addition, other activities which are ancillary and subordinate to beer
brewing and production operations shall be permitted. Such activities
shall include, but not be limited to: offering tours of the facility to the
public, offering beer tastings, retail sales of beer for off-premises and/or
on-premises consumption (subject to receipt of any licenses or permits
required by the Liquor Authority), and/or sales of various promotional
merchandise (including but not limited to shirts, jackets, caps, clocks,
signs and similar items) for the purpose of fostering awareness of the beer
brewed on the premises and/or promoting the brewery, the Town of
Queensbury and the surrounding area, and/or other beers brewed in New
fork State.
(2) The following definition is amended:
(a) The definition of"Tavern" is amended to read as follows:
TAVERN -A place in which the principal income is derived from the sale
and serving of alcoholic beverages for consumption on the premises, with
or without live entertainment. A tavern may include preparation and
service of foods or meals, for eat-in or take-out customers, where such
foods or meals are subsidiary to the sale and serving of alcoholic
beverages.
B. Article 10, entitled "Special Use Permits"is amended as follows:
(1) Section 179-10-070, entitled "Specific standards", is amended by adding
the following new subsection:
AA. Taverns.
(1) Not more than 30% of the allowable seating may be outdoors.
(2) Screening of outdoor seating, dancing and band areas is required
along public rights-of-way and adjacent property boundaries.
(3) Taverns shall comply with the parking and loading requirements of
Section 179-4-090. For the purposes of calculating parking, taverns shall
be considered "nightclub".
C. Table 3, entitled "Summary of Allowed Uses in Commercial Districts" is
amended as follows:
(1) "Microbrewery" is added as an Allowed Use with Site Plan Review (SP)
in the Commercial Intensive— Cl Zoning District.
(2) "Tavern" is added as a Special Use Permit Required (SUP) use in the
Commercial Intensive—CI Zoning District.
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Section 3. Severability — The invalidity of any clause, sentence, paragraph or
provision of this Local Law shall not invalidate any other clause, sentence, paragraph or
part thereof.
Section 4. Repealer — All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed. In particular,
this Local Law is specifically intended to supersede the amended provisions of the current
Town of Queensbury Zoning Law.
Section 5. Effective Date — This Local Law shall take effect upon filing in the
office of the _ -,w yoI'l; State SeC-retan of State or as othenvise provided by lain'.
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co
Town of Queensbury44
Table 3: Sijmmary of Allowed Uses in commercial Districts
COMMERCIAL USE TABLE Enclosed Commercial- Commercial- Main Street Neighborhood Recreation
Shopping Intensive Moderate Office Commercial Commercial
Center
ESC C-Int C-Mod < 300 feet >300 feet MS NC
from arterial from arterial RC
Amusement Center SUP SPR
Apartment House/Condos SPR
Apartment House/Condos above first floor SPR PU
Auto Body/Repair Shop SPR
Automobile service SPR SPR SPR
Automotive Sales and Service SPR SPR
Bank SPR SPR SPR SPR SPR
Business Service SPR SPR SPR SPR SPR SPR SPR
Campground _ SPR
Car Wash — SPR
Cemetery SPR
Commercial Boat Sales/Service/Storage SPR
Convenience Store SPR SPR SPR SPR SPR SPR
Convention Center SPR SPR SPR SPR SPR
Day Care Center SPR SPR SPR SPR SPR SPR
Drive In Theater SPR
Enclosed Shopping Center SUP
Fast Food Establishment SPR
Food Service SPR SPR SPR AU AU SPR SUP SPR
1-27-11
Town of Queensbury
00
Table 3: Summary of Allowed Uses in commercial Districts 4-4
0
Funeral Home SPR SPR 'n
Galle SPR SPR SPR SPR SPR SPR
Golf Course SPR SPR
Golf Driving Range SUP SUP
Health Related Facility SPR SPR SPR SPR SPR
Kennel SUP
Libr iry SPR SPR
Limousine Service SPR
Live Theater SPR SPR
Microbrewe -`SPR
Mineral Extraction SUP
Mobile Home Sales SPR
Motel SPR SPR SPR
Movie Theater SPR SPR
Multi-family house/condos SPR
Municipal Center SPR SPR
Museum SPR SPR SPR
Niqhtclub SPR SUP SUP
NLIrsery SPR SPR
Office, Large(') SPR SPR SPR SPR(1) SPR(') SUP
Office, Small SPR SPR SPR SPR SPR SPR SPR
Outdoor Concert Events SUP
Paintball Facility
SUP
Parking Lot SPR SPR
1-27-11
Town of Queensbury ' cc
Table 3: summary of Allowed Uses in commercial Districts LH
O
Parking Structure SUP SUP SPR SPR
Personal Service SPR SPR SPR AU AU SPR SPR
Place of Worship SPR SPR SPR SPR SPR
Play round SPR SPR
Produce Stand SPR SPR SPR SPR
Public or Semi-Public Building SPR SPR SPR SPR SPR SPR SPR
Recreation Center SPR SPR
Retail SPR SPR SPR AU AU SPR SPR
School SPR SPR SPR SPR SPR SPR
Self Storage Facility SUP
Shopping Mall/Plaza SPR SPR SPR
Single Family Dwelling SPR
Ski Center SPR
Tavern SUP
TV or Radio Station SPR SPR
Veterinary Clinic SPR SPR SUP SUP
Key
PU =Permitted Use
AU =Accessory Use
SPR=Site Plan Review Use
SUP=Special Use Permit Required
Blank=Not Permitted
1-27-11
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable,)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 3 of 20 13 of
the (�NM�h=o(Town)(\Y44MFjXf _Dueensbury was duly passed by the
Tnwn Rnarr� on April 1 , 20 13 , in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly
passed by the
(Name of Legislative Body) on 20 , and was (approved)(not approved)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20=, in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly
passed by the
(Name of Legislative Body) on 20 , and was (approved)(not approved)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annuai) election held on
20 in accordance with the applicable provisions of law.
q, (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly
passed by the
(Name of Legislative Body) on 20 , and was (approved)(not approved)
(repassed after disapproval) by the on 20 Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there
be none,the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
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S•0239-f-I (Rev.06/12)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in them )ner indicated in
paragraph above.
Clerk of he county legislative body, , Town o V4agtreierk or
officer designated by local legislative body
'Seal) Date: S 7— -)--u 12
8 of 8
5-0239-f-I (Rev.06112)
. M }
RESOLUTION ENACTING LOCAL LAW NO.: 3 OF 2013 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 "ZONING"
RELATING TO MICROBREWERIES AND TAVERNS
RESOLUTION NO.: 212,2013
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2013 to
amend Queensbury Town Code Chapter 179, entitled"Zoning,"to clarify the definition of"tavern"
and add a definition for"microbrewery" and to allow taverns and microbreweries in certain areas of
the Town and provide specific standards for issuance of Special Use Permits for taverns, and
WHEREAS, Tribals, LLC — Davidson Brothers submitted an application to the Town
Planning Board for Site Plan Review for a microbrewery project, and
WHEREAS, together these proposals constitute an "Action" for purposes of review under
the New York State Environmental Quality Review Act(SEQRA), and
WHEREAS, the Town Board duly held a public hearing on Monday, April 1", 2013, heard
all interested persons and closed such public hearing, and
WHEREAS, by Resolution No.: 163, 2013, adopted on April Is',the Town Board indicated
its wish to be Lead Agency for SEQRA review of the Action, and
WHEREAS, by Resolution adopted on April 161h, 2013, the Town of Queensbury Planning
Board consented to the Town Board's request to be Lead Agency, and
1
a
WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the
proposed Local Law to the Warren County Planning Office and on or about March 28th, 2013, the
Warren County Planning Office considered the proposed Local Law and recommended "no county
impact,"and
WHEREAS, as State Environmental Quality Review Act (SEQRA) Lead Agency, the
Town Board has reviewed Part 1 of a Full Environmental Assessment Form (EAF) and completed
Part 2 of the EAF to analyze potential environmental impacts of the proposed Local Law, and
WHEREAS, this legislation is authorized in accordance with New York Municipal Home
Rule Law §10,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, after considering the proposed Local Law,
reviewing the Full Environmental Assessment Form and thoroughly analyzing the Local Law for
potential environmental concerns, determines that the Local Law will not have a significant effect
on the environment and the Town Board hereby authorizes and directs the Town Supervisor to
complete the Full Environmental Assessment Form by checking the box indicating that the
proposed action will not result in any significant adverse environmental impacts, and
BE IT FURTHER,
RESOLVED, that the Town Board approves a State Environmental Quality Review Act
(SEQRA) Negative Declaration and authorizes and directs the Town Clerk's Office and/or
Community Development Department to file any necessary documents in accordance with the
provisions of the general regulations of the Department of Environmental Conservation, and
BE IT FURTHER,
2
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of 2013 to
amend Queensbury Town Code Chapter 179 entitled "Zoning," to clarify the definition of"tavern"
and add a definition for"microbrewery" and to allow taverns and microbreweries in certain areas of
the Town and provide specific standards for issuance of Special Use Permits for taverns, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to file the Local Law with the New York State Department of State in accordance with the
provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect
immediately upon filing with the Secretary of State.
Duly adopted this 6th day of May, 2013,by the following vote:
AYES Mr. Montesi, Mr. Metivier, Mr. Clements,Mr. Strough
NOES None
ABSENT: Mr. Brewer
3
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ur-1vEKAL 781 Elmgrove Road
'U Rochester,NY 14624
p:800/836-8834 fax:585/328-8189
email:sales@generalcode.com
05/09/2013 #289331
Ms. Darleen M. Dougher:
The following material has been received and will be processed for
.inclusion in your Code as supplemental pages(where applicable):
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LL No. 3-2013
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
Il►t�l���f}�}1'iiltt�'ttt�tll illtttttts�'lllt��t4'��s�l"���11'Lt
GENERAL
781 Elmgrove Road
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p:800/836-8834 fax:5�5/3 �$�r . ..� 3 C
email:sales@generaie�c"" I'`I '' �`1 "p
05/10/2013 #289357
Ms. Darleen M. Dougher:
We have received the following from your municipality:
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Replacement LL No. 3-2013
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
:90 4=