[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.
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.