[HISTORY: Adopted by the Town Board of the Town of Niagara 11-16-2021 by L.L. No. 5-2021. Amendments noted where applicable.]
It is the intent of this chapter to opt out of allowing cannabis
retail dispensaries and on-site cannabis consumption sites in the
Town of Niagara that would otherwise be allowed under Cannabis Law
Article 4.
This chapter 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
retain 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 Niagara hereby opts out of allowing
cannabis retail dispensaries and on-site cannabis consumption sites
from being established and operated within the Town's jurisdiction.
If any clause, sentence, paragraph, subdivision, or part of
this chapter 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 chapter 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 chapter is subject to a referendum on petition in accordance
with Cannabis Law § 131 and the procedure outlined in Municipal
Home Rule Law § 24.
This chapter shall take effect immediately upon filing with
the Secretary of State.
