[Adopted 12-7-2021 by L.L. No. 1-2022]
It is the intent of this article to opt out of allowing cannabis
retail dispensaries and on-site cannabis consumption sites in the
Incorporated Village of Northport that would be otherwise allowed
under the Cannabis Law.
This article is adopted pursuant to Cannabis Law § 131,
which expressly authorizes a Village to opt out of allowing retail
cannabis dispensaries and on-site cannabis consumption establishments
to locate and operate within its boundaries.
The Northport Board of Village Trustees hereby opts out of allowing
cannabis retail dispensaries and on-site cannabis consumption sites
from being established and operated within the jurisdiction of the
Incorporated Village of Northport.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this article or the application thereof to
any person, firm, corporation, or circumstance, shall be invalid or
unconstitutional, the court's order or judgment shall not affect,
impair, or invalidate the remainder of this article, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision,
or part of this article 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 article shall take effect immediately upon filing with
the Secretary of State. Pursuant to Cannabis Law § 131 and
Article 9 of the New York Village Law, this article is subject to
a permissive referendum and thus may not be filed with the Secretary
of State until 30 days after adoption, unless there shall be filed
with the Village Clerk a petition signed and acknowledged by the electors
of the Village in number equal to at least 20% of such electors in
the Village, as shown on the register of electors for the previous
general election, protesting against this resolution and requesting
that the matter be submitted to the electors of the Village for their
approval or disapproval in the manner provided by the Village Law. Within 10 days after the adoption of this resolution,
the Village Clerk is hereby authorized and directed to cause to be
published at least once in the official newspaper of the Village,
and to be posted in at least six public places in the Village, a notice
which shall set forth the date of adoption of this resolution and
contain an abstract thereof, concisely stating its purpose and effect
and specifying that this resolution was adopted subjective to a permissive
referendum.