[Adopted 12-28-2021 by L.L. No. 4-2021]
This article shall be known as "A Local Law to Opt Out of Allowing
On-Site Cannabis Consumption as Authorized Under The Marijuana Regulation
And Taxation Act," Local Law No. 4 of 2021 ( the "Local Law").
It is the intent of this article to opt out of allowing on-site
cannabis consumption sites in the Town of Greenport that would otherwise
be allowed under the Marijuana Regulation and Taxation Act ("MRTA").
The Town of Greenport is concerned with the health, safety, and welfare
of its residents by permitting such on-site consumption cannabis sites,
and therefore it has determined it is in the best interest of the
Town to opt out. This article does not opt the Town out of allowing
cannabis retail dispensaries within the Town of Greenport.
This article is adopted pursuant to MRTA § 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 hereby opts out of allowing on-site cannabis consumption
sites from being established and operated within the Town's municipal
boundaries.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined to its operation in said clause,
sentence, paragraph, section or part of this article.
This article shall take effect immediately upon filing with
the Secretary of State.