[HISTORY: Adopted by the Board of Trustees of the Village
of Malone as indicated in article histories. Amendments noted where
applicable.]
[1]
Editor's Note: Former Ch. 11, Bowling, adopted 9-11-1961,
was repealed 6-9-1997 by L.L. No. 4-1997.
[Adopted 12-29-2021 by L.L. No. 4-2022]
It is the intent of this article to opt the Village of Malone
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 the Village 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 Village, subject to a permissive
referendum[1] pursuant to Municipal Home Rule Law § 24.
[1]
Editor's Note: No valid petition was filed.
The Village Board hereby opts out of licensing and establishing
cannabis retail dispensaries and cannabis on-site consumption establishments
within its boundaries.
The Village Board has considered the provisions of Article 8
of the Environmental Conservation Law ("SEQRA") and the regulations
adopted thereunder at 6 NYCRR Part 617 and finds this article to be
a Type II action as defined therein. Therefore, no further review
is required under SEQRA.
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, provided that such filing occurs no sooner
than 45 days after the adoption of this article by the Village 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[1] or a referendum has been conducted approving this article.
[1]
Editor's Note: No valid petition was filed.
