[HISTORY: Adopted by the Town Board of the Town of Guilderland as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-2021 by L.L. No. 3-2021]
It is the intent of this article to opt out of allowing on-site cannabis consumption sites in the Town of Guilderland that would otherwise be allowed under Cannabis Law Article 4.
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 and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law § 24.
The Town Board of the Town of Guilderland hereby opts out of allowing 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 circumstance, shall be adjusted 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. Pursuant to Cannabis Law § 131, this article is subject to a permissive referendum and this 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 4-5-2022 by L.L. No. 3-2022[1]]
[1]
Editor's Note: This local law also repealed former Art. II, Retail Dispensaries, adopted 10-19-2021 by L.L. No. 4-2021.
It is the intent of this article is to repeal Local Law No. 4 of 2021, an opt-in to allow on-site cannabis retail dispensaries in the Town of Guilderland under NYS Cannabis Law Article 4.
This article is adopted pursuant to NYS Cannabis Law § 131, which authorizes the Town Board to repeal a local law to prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses in the Town, subject to a permissive referendum under NYS Municipal Home Rule Law § 24.
The Town Board repeals Local Law No. 4 of 2021, by which the Town Board opted out of allowing cannabis retail dispensaries. By this new article, the Town Board opts in for allowing cannabis retail dispensaries within the Town.
If any clause, sentence, paragraph, subdivision, or part of this article, or the application thereof to any person, firm or corporation, or circumstance, shall be 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.
This article shall take effect immediately upon filing with the Secretary of State.