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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 (Use this form to rile a local law with the Secretary of State.) 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 toe- �,iq 491: iUlh8l1-t9 tire-481dOi=4 thG MiG19-bl'€lhZe4--1z6@iggP liq (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. 2 of 8 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'. 3 of 8 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. 7 of 8 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 Postal O CERTIFIEi 1 • r9 (Domestic Mail Only, m For delivery information visit our 1 � - at www.usps.coma L, n Er Postage $ ru p Certified Fee p Postmark p Return Receipt Fee Here (Endorsement Required) 0 Restricted Delivery Fee U" (Endorsement Required) m a Total Postage&Fees Ul A3ri.WA-,n�S.L- rnxa.2Q p - o N ' ---A--------------�---------------T treet Apt or P BoxNo. Ci State,21P+4 ---- r rr2 SeeReverse � T al G,ax �?m s� i-fp lam '�6 COSENDER: COMPLETE THIS SECTION 0N . DELIVERY ■ Complete Items 1,2,and 3.Also complete A. Sig item 4 if Restricted Delivery is desired. P�75 ■ Print your name and address on the reverse X 1-WOAddressee so that we can return the card to you. B. Received by(Printed Name) C. ate of Delivery ■ Attach this card to the back of the mailpiece, or on the front If space permits. �, 17 ❑Yes 1. Article Addressed to: —� j`�.7f k ,enter iv.Nf� ❑No Gar 4P �cjCa.�.b�'r 'N �, - +`�'�pe ` � ❑Ewess Mast ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted DeIWW(Extra Fee) ❑Yes 2. Article Number 7005 0390 0002 9054 3212 (Ilarawfrom sen4ce kW PS Form 3811,February 2004 Domestic Return Receipt 102595-02-W1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete "natupwitem 4 if Restricted Delivery is desired. Agent■ Print your name and address on the reverseso that we can return the cans to you. Y 0 D of Delivery ■ Attach this card to the back of the mailpiece, Ig �U 11 or on t.5e front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No CCU 3. Service Type rjAn CICertified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise E3 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. ArticleNumber 7005 0390 0002 9054 3199 (transfer from servicelabeo PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-f W 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): - ------------------------- ----- 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 �t 1 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: - ------ ------------------- Replacement LL No. 3-2013 Town of Queensbury C/O Clerk's Office 742 Bay Road Queensbury, NY 12804 :90 4=