[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.
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.