[Adopted 10-27-2021 by L.L. No. 5-2021]
It is the intent of this article to opt the Town of Red Hook
out of allowing on-site cannabis consumption establishments within
its boundaries. This article is intended to further the Town's goals
of preserving quality of life and protecting the public health. The
Town Board finds that prohibiting these uses will achieve the aforementioned
goals and is in the public interest.
This article is adopted pursuant to NYS Cannabis Law § 131,
which expressly authorizes municipalities to opt out of allowing retail
cannabis dispensaries and/or on-site cannabis consumption establishments
to locate and operate within their boundaries.
The Town Board of the Town of Red Hook, County of Dutchess,
hereby opts out of allowing cannabis on-site consumption establishments
within its boundaries, outside the jurisdiction of any village. Pursuant
to and in accordance with NYS Cannabis Law § 131, the Town
Board hereby requests that the New York State Cannabis Control Board
prohibit the establishment of such on-site consumption licenses within
the jurisdiction of the Town outside the jurisdiction of any village.
The provisions of this article are severable. If any provision
of this article or the application thereof to any person, firm, corporation,
or circumstance is adjudged invalid by a court of competent jurisdiction,
such order or judgment shall not affect or impair the validity of
the other provisions of this article or the application thereof to
other persons and circumstances.
This article is subject to a referendum on petition in accordance
with Cannabis Law § 131 and the procedure set forth in Municipal
Home Rule Law § 24.