[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-23-2021 by L.L. No. 1-2021]
It is the intent of this article to opt the Incorporated Village of Massapequa Park out of hosting retail cannabis dispensaries and/or on-site cannabis consumption establishments within its boundaries.
This article is adopted pursuant to Cannabis Law § 131, which expressly authorizes cities and villages to opt-out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments to locate and operate within their boundaries.
The Board of Trustees of the Incorporated Village of Massapequa Park, County of Nassau, hereby opts-out of licensing and establishing retail cannabis dispensaries and/or on-site cannabis consumption establishments within its boundaries.
If a court determines that any clause, sentence, paragraph, subdivision, or part of this article or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this article, 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. Pursuant to Cannabis Law § 131, this article is subject to a permissive referendum and thus may not be filed with the Secretary of State until the applicable time period has elapsed to file a petition or a referendum has been conducted approving this article.
[Adopted 8-23-2021 by L.L. No. 2-2021]
No person shall smoke or vape cannabis or concentrated cannabis as those terms are defined by § 222.00 of the New York State Penal Law on any Village-owned property including, but not limited to, buildings, sidewalks, parking lots, parks, playgrounds or any other Village-owned open spaces.