[Adopted 12-29-2021 by L.L. No. 3-2022]
The title of this article shall be "A Local Law Pursuant to
Section 131 of the Marijuana Regulation and Taxation Act, Opting Out
of Allowing Cannabis On-Site Consumption Establishments Within the
Jurisdiction of the Town of Schodack, New York."
It is the intent of this article to exercise, on behalf of the
Town of Schodack, the option provided under § 131 of the
Marijuana Regulations and Taxation Act to not allow cannabis on-site
consumption establishments within the jurisdiction of the Town of
Schodack.
This article is adopted pursuant to § 131 of the Marijuana
Regulations and Taxation Act, signed into Law by Governor Cuomo on
March 31, 2021, which expressly authorized towns, cities, and/or villages
to adopt a local law requesting the Cannabis Control Board to prohibit
the establishments of cannabis retail dispensary licenses and/or cannabis
on-site consumption licenses within the jurisdiction of such town,
city, and/or village.
Pursuant to § 131 of the Marijuana Regulations and
Taxation Act, the Town of Schodack hereby exercises the option to
not allow cannabis on-site consumption establishments within the Town
of Schodack, and requests that the Cannabis Control Board prohibit
the establishment of cannabis on-site consumption licenses within
the jurisdiction of the Town of Schodack.
This article is subject to permissive referendum pursuant to and in accordance with § 131 of
the Marijuana Regulations and Taxation Act and § 24 of the
Municipal Home Rule Law.
If any section, clause or provision of this article or the application
thereof to any persons is adjudged invalid, the adjudication shall
not affect other sections, clauses or provisions or the application
thereof that can be sustained or given effect without the invalid
section, clause or provision or application, and to this end the various
sections, clauses or provisions of this article are declared to be
severable.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.