[HISTORY: Adopted by the Town Board of the Town of Amenia as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-18-2021 by L.L. No. 1-2022]
It is the intent of this article to opt out of allowing the licensing and establishment of cannabis retail dispensaries and on-site cannabis consumption sites in the Town of Amenia that would otherwise be allowed under Cannabis Law Article 4. The Town Board, after careful examination of the law, has determined that it is in the best interest of the citizens of the Town of Amenia to opt out of the licensing and establishment of cannabis retail dispensaries and on-site consumption sites within the Town of Amenia.
This article 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 retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town.
The Town Board of the Town of Amenia 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 article or the application thereof to any person, firm or corporation, or circumstances, shall be adjudicated 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 is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24.[1]
[1]
Editor's Note: No valid petition for referendum was filed.
This article shall take effect immediately upon filing with the Secretary of State, provided that such filing occurs no sooner than 45 days after the adoption of this article by the Town Board. Pursuant to Cannabis Law § 131, this article is subject to a permissive referendum and 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.