[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-8-2021 by L.L. No. 6-2021, effective 12-10-2021[1]]
[1]
Editor's Note: Section 3 of this local law states that this local law 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, if a petition has been filed, a referendum has been conducted approving this local law. No valid petition was filed.
A. 
Legislative findings and intent.
(1) 
Section 131 of the Cannabis Law of the State of New York provides that "[t]he licensure and establishment of a retail dispensary license and/or on-site consumption license under the provisions of article four of this chapter authorizing the retail sale of adult-use cannabis to cannabis consumers shall not be applicable to a town, city or village which, after the effective date of this chapter, and, on or before the later of December thirty-first, two thousand twenty-one or nine months after the effective date of this section, adopts a local law, subject to permissive referendum governed by section 24 of the municipal home rule law, requesting the cannabis control board to prohibit the establishment of such retail dispensary licenses and/or on-site consumption licenses contained in article four of this chapter, within the jurisdiction of the town, city or village."
(2) 
The Board of Trustees finds and determines that:
(a) 
The Village of Mamaroneck has not yet undertaken, nor could it complete, a comprehensive study of the pros and cons of allowing cannabis outlets within the Village prior to December 31, 2021;
(b) 
New York State law specifically provides that a municipality may revisit these issues at any time after it has requested that the Cannabis Control Board of the State of New York prohibit the establishment of cannabis retail dispensary licenses and on-site consumption licenses from operating within a municipality under Article 4 of the Cannabis Law; and
(c) 
It is prudent and appropriate for the Board of Trustees to take this matter under serious consideration and act in the best interest of the Village of Mamaroneck, knowing that after all the issues are analyzed and addressed the Board of Trustees may vote to allow cannabis retail dispensaries and on-site consumption establishments to operate within the Village of Mamaroneck in the future.
(3) 
The Board of Trustees intends by adopting this article to exercise the rights granted to it under Cannabis Law § 131.
B. 
Local cannabis retail dispensary licenses and on-site consumption licenses.
(1) 
The Board of Trustees of the Village of Mamaroneck, County of Westchester, hereby opts out of having retail cannabis dispensaries and on-site cannabis consumption establishments licensed or established within the boundaries of the Village of Mamaroneck, Westchester County, New York.
(2) 
The Board of Trustees of the Village of Mamaroneck, County of Westchester, requests that the Cannabis Control Board of the State of New York prohibit the establishment of cannabis retail dispensary licenses and on-site consumption licenses under Article 4 of the Cannabis Law within the Village of Mamaroneck.