[HISTORY: Adopted by the Town Board of the Town of Clarence
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-3-2021 by L.L. No. 1-2021]
It is the intent of this article to opt the Town of Clarence
out of allowing cannabis retail dispensaries and on-site cannabis
consumption sites within the Town of Clarence that would otherwise
be allowed under Cannabis Law Article 4.
This article is adopted pursuant to Cannabis Law § 131,
which expressly authorizes the Town Board to adopt a local law requesting
the Cannabis Control Board to prohibit the establishment of cannabis
retail dispensary licenses and/or on-site consumption licenses within
the jurisdiction of the Town and is subject to a permissive referendum,
the procedure of which is governed by Municipal Home Rule Law § 24.
The Town Board of the Town of Clarence, County of Erie, State
of New York, hereby opts out of allowing cannabis retail dispensaries
and on-site cannabis consumption sites from being established and
operated within the Town of Clarence.
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 adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder thereof, 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 is subject to a referendum on petition in accordance
with Cannabis Law § 131 and the procedure outlined in Municipal
Home Rule Law § 24.
This article shall take effect immediately upon filing with
the Secretary of State. Pursuant to Cannabis Law § 131,
this article is subject to 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 a referendum has been conducted
approving this article.[1]
[1]
Editor's Note: No valid petition for referendum was filed.
