[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy 11-17-2021 by L.L. No. 1-2022. Amendments noted where applicable.]
A. 
It is the intent of this local law to request that the Cannabis Control Board of the State of New York ("Cannabis Control Board"), as established pursuant to the New York Cannabis Law, Chapter 7-a of the Consolidated Laws of the State of New York ("Cannabis Law") permit the Village of LeRoy ("Village") to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites within the jurisdiction of the Village that would otherwise be allowed under Article 4 of the Cannabis Law.
B. 
The recently established Cannabis Law, Chapter 7-a, provides in Article 6, § 131 that the licensure and establishment of a retail dispensary license and/or on-site consumption license under the provisions of Article 4 of Chapter 7-a shall not be applicable to a village which, after the effective date of the Cannabis Law, which was March 31, 2021, and before December 31, 2021, adopts a local law, subject to permissive referendum as governed by § 24 of the Municipal Home Rule Law of the State of New York, requesting the Cannabis Control Board to prohibit the establishment of such retail dispensary licenses and/or on-site consumption licenses contained in Article 4 of the Cannabis Law, within the jurisdiction of the Village.
C. 
The Village Board finds that, at the current time, it is in the best interests of the residents of the Village of LeRoy to adopt a local law as per Cannabis Law § 131 prohibiting, and requesting the Cannabis Control Board to prohibit, the establishment of: retail dispensary licenses and on-site consumption licenses that would otherwise be allowed under Article 4 of the Cannabis Law.
D. 
The Village Board finds that allowing said establishments would not be in the interests of promoting the health, safety and welfare of Village residents at this time based upon the following: the proximity of said establishments to parks, school buildings, churches and residential zones within the Village; the uncertainty of enforcing the new laws and guidelines related to cannabis use; and the conflict between state/local laws and federal laws. Additionally, not opting out would forever permit licensing of said establishments within the Village.
E. 
The Village Board adopts this local law in accordance with the timeframe and guidelines as set forth in Chapter 7-a, subsequent to March 31, 2021 and prior to December 31, 2021.
This local law is adopted pursuant to Cannabis Law § 131, which expressly authorizes a village 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 village and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law § 24.
The Village Board of the Village of LeRoy hereby opts out from allowing the establishment of retail cannabis dispensaries and on-site cannabis consumption sites within the areas of the Village and requests that the Cannabis Control Board prohibit the licensing and establishment of such dispensaries and consumption sites within the area of the Village of LeRoy.
If any portion of this local law, or the application thereof, shall be deemed invalid or unconstitutional, the remainder of the local law shall remain in effect.
This local law is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24.
This local law shall take effect in accordance with Municipal Home Rule Law § 24, namely, 45 days after its adoption and upon filing with the Secretary of State within 20 days after the time period for filing a petition in accordance with Municipal Home Rule § 24 has expired. In the event a valid petition protesting against this local law is filed within 45 days after its adoption, then this local law shall not be effective until approved by the affirmative vote of a majority of the qualified electors of the Village of LeRoy voting on a proposition for its approval in accordance with the requirements of Municipal Home Rule Law § 24.