[HISTORY: Adopted by the Village Board of
the Village of Port Chester as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-1-2021 by L.L. No. 7-2021]
It is the intent of this article to allow the Town of New Windsor
to opt out of allowing cannabis retail dispensaries and on-site cannabis
consumption sites in the Town of New Windsor, which would otherwise
be allowed under Cannabis Law Article 4.
This article is adopted pursuant to Cannabis Law § 131,
which expressly authorizes the Town Board to adopt a local law requesting
the Cannabis Control Board to prohibit the establishment of cannabis
retail dispensary licenses and/or on-site consumption licenses within
the jurisdiction of the Town and is subject to a permissive referendum,
the procedure of which is governed by Municipal Home Rule Law § 24.[1]
[1]
Editor's Note: No valid petition requesting such permissive
referendum was filed.
The Town Board of the Town of New Windsor hereby opts out of
allowing cannabis retail dispensaries and on-site cannabis consumption
sites to be established and operate within the Town's jurisdiction;
and, further requests the Cannabis Control Board specifically prohibit
the establishment of cannabis retail dispensary licenses and/or on-site
consumption licenses within the jurisdiction of the Town of New Windsor.
If any clause, sentence, paragraph, subdivision, or part of
this article or the application thereof to any person, firm or corporation,
or circumstance, shall be adjusted by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder thereof, 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.
