This chapter shall be known as the "NYS Cannabis Law Opt-Out
Legislation Law of the Town of Harrison."
It is the intent of this Local Law for the Town of Harrison
to opt out of allowing cannabis retail dispensaries and to opt out
of allowing on-site cannabis consumption locations within the Town
of Harrison that would otherwise be allowed under New York State Cannabis
Law Article 4.
This Local Law is adopted pursuant to New York State Cannabis
Law Section 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 of Harrison
and is subject to a permissive referendum, the procedure of which
is governed by New York Municipal Home Rule Law Section 24.
The Town Board of the Town of Harrison hereby opts out allowing
cannabis retail dispensaries and on-site cannabis consumption locations
from being established and operated with the Town's jurisdiction and
requests that the Cannabis Control Board prohibit the establishment
of such retail dispensary licenses and on-site cannabis consumption
licenses within the Town of Harrison.
If any part or provision of this Local Law or the application
thereof to any person of firm or corporation or circumstance shall
be adjudged invalid or unconstitutional by any court of competent
jurisdiction, such judgment shall be confined in its operation to
the part or provision or application directly involved in the controversy
in which judgment shall be rendered and shall not affect or impair
the validity of the remainder of this Local Law or the application
thereof to other persons, firm corporation or circumstance, and the
Town Board of the Town of Harrison hereby declares that it would have
passed this Local Law or the remainder thereof had such invalid application
or invalid provision been apparent.
This Local Law is subject to a referendum on petition in accordance
with New York State Cannabis Law Section 131 and the procedure outlined
in New York Municipal Home Rule Law Section 24.
This Local Law shall take effect immediately upon filing with
the Secretary of the State of New York.