Town of Oyster Bay, NY Chapter 266 Cannabis Dispensary Opt-Out

[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 12-7-2021 by L.L. No. 1-2022. Amendments noted where applicable.]

§ 266-1 Legislative intent.

It is the intent of this chapter to request the Cannabis Control Board of the State of New York ("Cannabis Control Board"), as established pursuant to the New York Cannabis Law, Chapter 7-a of the Consolidated Laws of the State of New York ("Cannabis Law"), to permit the Town of Oyster Bay ("Town") to opt-out of allowing cannabis retail dispensaries and on-site cannabis consumption sites within the unincorporated areas of the Town of Oyster Bay, that would otherwise be allowed under Article 4 of the Cannabis Law.

§ 266-2 Authority.

This chapter is adopted pursuant to Cannabis Law § 131 which expressly authorizes a 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.

§ 266-3 Opt-out.

The Town Board of the Town of Oyster Bay hereby opts-out from allowing the licensure and establishment of retail cannabis dispensaries and on-site cannabis consumption sites within the unincorporated areas of the Town and requests the Cannabis Control Board prohibit the licensing and establishment of such dispensaries and consumption sites within the unincorporated areas of Town of Oyster Bay.

§ 266-4 Severability.

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 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 chapter 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.