[HISTORY: Adopted by the Town Board of the Town of Colonie
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-9-2021 by L.L. No. 5-2021]
It is the intent of this article to opt the Town of Colonie
out of hosting on-site cannabis consumption establishments within
its boundaries and outside the boundaries of the Villages of Colonie
and Menands.
This article is adopted pursuant to the terms of the Marijuana
Regulation and Taxation Act and specifically Cannabis Law § 131,
which expressly authorizes cities, towns and villages to opt out of
allowing retail cannabis dispensaries and/or on-site cannabis consumption
establishments to locate and operate within their boundaries.
The Town Board of the Town of Colonie, County of Albany, hereby
opts out of licensing and establishing cannabis on-site consumption
establishments within its boundaries outside of the Villages of Colonie
and Menands.
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.
This article shall take effect immediately upon filing with
the Secretary of State. Pursuant to the Marijuana Regulation and Taxation
Act and Cannabis Law § 131, this article is subject to a
permissive referendum and thus may not be filed with the Secretary
of State until the applicable time period has elapsed to file a petition
or a referendum has been conducted approving this article.[1]
[1]
Editor's Note: No valid petition was filed within the required
time period.
