[HISTORY: Adopted by the Board of Trustees of the Village
of West Haverstraw as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-21-2021 by L.L. No. 5-2021]
A.
The newly established NYS Cannabis Law, Chapter 7-a of the Consolidated
Laws of the State of New York, provides at Article 6, § 131,
that the licensure and establishment of a retail dispensary license
and/or on-site consumption license under the provisions of Article
4 of Chapter 7-a shall not be applicable to a town, city or village
which, after the effective date of the chapter and before December
31, 2021, adopts a local law, subject to permissive referendum governed
by § 24 of the Municipal Home Rule Law, requesting the Cannabis
Control Board to prohibit the establishment of such retail dispensary
licenses and/or on-site consumption licenses within the jurisdiction
of the town, city or village.
B.
It is the intent of this article to codify that the Village Board
of the Village of West Haverstraw opts out from allowing cannabis
retail dispensaries and on-site cannabis consumption sites within
the Village that otherwise would be allowed under Cannabis Law Article
4, and requesting the NYS Cannabis Control Board to prohibit such
retail dispensaries and on-site consumption sites within the Village.
C.
More specifically, the Village Board finds that permitting such establishments
without careful review of the unique impact of such establishments
on the health, safety and welfare of the residents of the Village
given, among other things, the generally small size of the Village
of West Haverstraw, and the relative close proximity of the various
commercial locations within which such establishments might be located
to parks, schools, churches and residential zones throughout the Village,
coupled with as yet unresolved issues addressing enforcement of the
new laws and guidelines related to cannabis sale and use, at the current
time, would not be in the interests of Village residents.
This article is adopted pursuant to NYS 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.
The Village Board of the Village of West Haverstraw, by this
chapter and article, hereby declares its decision to opt out from
allowing the establishment of cannabis retail dispensaries and on-site
cannabis consumption sites within the Village and requests that the
Cannabis Control Board prohibit such dispensaries and consumption
sites within the Village.
If any clause, sentence, paragraph, subdivision, or part of this Article I of Chapter 88, or the application thereof to any person, firm or corporation, or circumstance, shall be ordered and adjudged 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.
