[HISTORY: Adopted by the Board of Trustees of the Village
of Hamburg as indicated in article histories. Amendments noted where
applicable.]
It is the intent of the Village of Hamburg to opt out of allowing
cannabis retail dispensaries and on-site cannabis consumption sites
in the Village of Hamburg 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 Board of Trustees 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 Village of Hamburg.
The Board of Trustees of the Village of Hamburg hereby opts
out of allowing cannabis retail dispensaries and on-site cannabis
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 Hamburg.
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 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 shall take effect immediately upon filing with
the Secretary of State.
