[HISTORY: Adopted by the Board of Trustees of the Village
of Ocean Beach 9-18-2021 by L.L. No. 04-2021. Amendments noted
where applicable.]
It is the intent of this chapter to opt the Village of Ocean
Beach out of hosting retail cannabis dispensaries and/or on-site cannabis
consumption establishments within its boundaries.
This chapter is adopted pursuant to Cannabis Law § 131,
which expressly authorizes villages to opt out of allowing retail
cannabis dispensaries and/or on-site cannabis consumption establishments
to locate and operate within their boundaries.
The Board of Trustees of the Village of Ocean Beach hereby opts
out of licensing and establishing cannabis retail dispensaries and/or
cannabis on-site consumption establishments within its boundaries.
Furthermore, the Village of Ocean Beach hereby requests that the State
of New York (and/or the NYS Cannabis Control Board and/or any other
governmental agency authorized to issue such license) prohibit the
establishment of any retail dispensary and/or on-site consumption
by refusing to grant any such license (which would otherwise permit
the sale and/or consumption of cannabis) within the Village of Ocean
Beach.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this chapter 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 chapter, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, or part of this chapter
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 chapter shall take effect immediately upon filing with
the Secretary of State, subject to the citizens' right to seek a permissive
referendum pursuant to the provisions of General Municipal Law § 24.
