[Adopted 8-11-2021 by L.L. No. 1-2021]
This article shall be known and may be cited as the Town of
Tully "Opting-Out of Allowing Adult-Use Cannabis Licenses for Retail
Dispensaries and On-Site Consumption Law" (hereinafter referred to
as the "local law").
The Town Board of the Town of Tully (the "Town Board") recognizes
that New York State's recently enacted Marijuana Regulation and
Taxation Act (MRTA) legalized adult cannabis possession and use by
adults at least 21 years of age. Although the Town of Tully cannot
opt out of adult-use legalization of cannabis, MRTA provides that
the Town is able to opt out of allowing adult-use cannabis retail
dispensaries or on-site consumption licenses within its jurisdiction
by the enactment of an opting-out local law by December 31, 2021.
Pursuant to MRTA, such opting-out local law must be subject to a permissive
referendum on petition as governed by Section 24 of the Municipal
Home Rule Law. The Town Board intends to timely enact a local law
subject to permissive referendum to opt out of MRTA by requesting
that the Cannabis Control Board prohibit the issuance of retail dispensary
licenses and on-site consumption licenses within the Town. It is hereby
declared to be the policy of the Town Board to opt out of allowing
cannabis retail dispensaries and on-site consumption licenses within
the jurisdiction of the Town so as to preserve, protect and promote
the public health, safety and welfare within the Town.
This article is enacted pursuant to MRTA, which provides for
New York municipalities to opt out of allowing adult-use cannabis
retail dispensaries and on-site consumption locations within their
respective jurisdictions, if done by the adoption of a local law subject
to a permissive referendum on or before December 31, 2021.
The Town Board hereby adopts this article subject to a permissive
referendum on petition, to opt out of allowing adult-use cannabis
retail dispensaries and on-site consumption licenses within the Town
of Tully, to preserve, protect and promote the public health, safety
and welfare within the Town.
This article is enacted pursuant to the provisions of New York
State Town Law, Municipal Home Rule Law, and MRTA. During the duration
of times that this article is in effect, to the extent permitted by
law, it shall take precedence over and shall be considered controlling
over contrary laws, rules, ordinances, and common law.
If any clause, sentence, paragraph, section, article, subdivision,
provision, or part of this article shall be adjudged by any court
of competent jurisdiction in the State of New York to be void, unconstitutional,
invalid, ineffectual, or unenforceable, such adjudication or judgment
shall not affect, impair, or invalidate the remainder thereof, but
shall be confined in its operations and only apply to the clause,
sentence, paragraph, section, article, subdivision, provision, or
part thereof directly involved in the controversy in which such adjudication
or judgment shall have been rendered or so adjudged, and not deemed
to affect, impair, or invalidate the remainder of this article which
shall remain valid and in full force and effect.
Upon the effective date of this article, this article shall
repeal any prior provision of law, rule, regulation, ordinance, or
resolution of the Town of Tully which is inconsistent with the provisions
of this article.
This article is subject to a permissive referendum on petition.
If a proper petition is timely filed with the Tully Town Clerk within
45 days of the Town Board's adoption of this article requiring
a referendum by the Town's electorate, the Town Clerk shall not
file this article with the New York State Secretary of State until
after the results of such vote by the electorate at a general or special
election, as the case may be under applicable law, to determine whether
Local Law No. 1 of 2021 is approved or disapproved by a majority of
the Town's electorate. If a majority of the Town's electorate
approved Local Law No. 2 of 2021 at an election, or if no proper petition
was filed with the Town Clerk within 45 days of the adoption of this
article by the Town Board, as the case may be, then this article shall
become effective 20 days after its filing with the New York State
Secretary of State in accordance with the provisions of New York State
Municipal Home Rule Law § 27.