[HISTORY: Adopted by the Town Board of the Town of Saugerties as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-29-2021 by L.L. No. 8-2021]
It is the intent of the Town of Saugerties to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites in the Town of Saugerties 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 Town Board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of adult-use retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town. This article is subject to a permissive referendum/referendum on petition pursuant to Municipal Home Rule Law § 24.
The Town Board of the Town of Saugerties hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established and operated within the Town's jurisdiction. In accordance with the New York State Marijuana Regulation and Taxation Act § 131, Subdivision 1, the Town 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 Town of Saugerties.
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 adjudicated 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 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 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.
This article shall take effect immediately upon filing with the Secretary of State.