[HISTORY: Adopted by the Town Board of the Town of Fishkill
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-2021 by L.L. No. 4-2022]
It is the intent of this article to opt the Town of Fishkill
out of hosting retail cannabis dispensaries and/or on-site cannabis
consumption establishments within its boundaries.
This article is adopted pursuant to the provisions of Cannabis
Law § 131, which expressly authorizes cities and villages
to opt out of permitting on-site cannabis consumption establishments
to locate and operate within their boundaries.
The Town Board hereby opts out of licensing and establishing
cannabis on-site consumption establishments within its boundaries.
The Town is not opting out of allowing cannabis dispensaries.
Pursuant to 6 NYCRR 617.5(c)(26) and (33), this article is classified
as a Type II action as it involves the adoption of regulations, policies,
procedures and local legislative decisions in connection with routine
or continuing agency administration and management, not including
new programs or major reordering of priorities that may affect the
environment.
If any clause, sentence, paragraph, word, section or other part
of this article, or the application thereof to any person, entity,
or circumstance, shall be determined by any court or tribunal of competent
jurisdiction to be unconstitutional, illegal, invalid or unenforceable,
such determination shall not affect, impair or invalidate the remaining
provisions of this article or the application thereof, but shall be
confined in its operation to the clause, sentence, paragraph, word,
section or other part thereof directly involved in the controversy
in which such determination shall have been rendered and the remaining
provisions of this article shall not be impaired thereby and such
determination. The Town Board of the Town of Fishkill hereby declares
that it would have passed this article or the remaining provisions
thereof had such invalid provision or the application thereof been
apparent at the time of enactment.
This article shall be effective immediately upon filing with
the Secretary of State.
Pursuant to Cannabis Law § 131, this article is subject
to a permissive referendum and thus may not be filed with the Secretary
of State until the applicable time period has elapsed to file a petition
or referendum has been conducted approving this article.[1]
[1]
Editor's Note: No valid petition was filed.
