[HISTORY: Adopted by the Town Board of the Town of Niskayuna as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-18-2021 by L.L. No. 7-2021]
It is the intent of this article to opt the Town of Niskayuna out of hosting retail cannabis dispensaries and on-site cannabis consumption licenses within its municipal boundaries pursuant to § 131 of the New York State Marijuana Regulation and Taxation Act and the state Municipal Home Rule Law.
The Town Board of the Town of Niskayuna, Schenectady County, hereby requests the Cannabis Control Board prohibit the establishment of retail dispensary licenses and onsite consumption licenses within its jurisdiction and hereby opts out.
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 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.[1]
[1]
Editor's Note: No valid petition was filed within the required timeframe.
This article shall take effect immediately upon filing in the office of the Secretary of State in accordance with § 27 of the Municipal Home Rule Law.