[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]
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.