[HISTORY: Adopted by the Board of Trustees of the Village
of Fultonville as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-20-2021 by L.L. No. 3-2021]
It is the intent of the Village of Fultonville to opt out of
allowing cannabis retail and dispensaries and on-site cannabis consumption
sites in the Village of Fultonville that would otherwise be allowed
under the New York State Marijuana Regulation and Taxation Act.
This article is adopted pursuant to New York State Marijuana
Regulation and Taxation Act § 131 which expressly authorizes
the Village Board to adopt a local law requesting the Cannabis Control
Board to prohibit the establishment of adult-use dispensary licenses
and/or on-site consumption licenses within the jurisdiction of the
Village. This article is subject to a permissive referendum/referendum
on petition pursuant to Municipal Home Rule Law § 24.
The Village Board of the Village of Fultonville hereby opts
out of allowing cannabis retail dispensaries and on-site consumption
sites from being established and operated within the Village's jurisdiction.
In accordance with the New York State Marijuana Regulation and Taxation
Act § 131(1), the Village requests the Cannabis Control
Board to prohibit the establishment of retail dispensary licenses
and on-site consumption licenses contained in Article 4 of the New
York State Marijuana Regulation and Taxation Act within the Jurisdiction
of the Village of Fultonville.
If any clause, sentence, paragraph, subdivision, or part of
this article or the application thereof to any person, firm or corporation,
or circumstance, shall be adjusted by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgement shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined to 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 judgement or order shall be rendered.
This article is subject to a referendum on petition in accordance
with New York State Marijuana Regulation and Taxation Act § 131
and the procedure outlined in Municipal Home Rule Law § 24.[1]
[1]
Editor's Note: No valid petition for referendum was filed
within the required timeframe.
This article shall take effect immediately upon filing with
the Secretary of State.
