[HISTORY: Adopted by the Town Board of the Town of Red Hook as indicated in article histories. Amendments noted where applicable.]
[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.[1]
[1]
Editor's Note: No valid petition requesting such referendum was filed as of 12-13-2021 in accordance with the applicable provisions of law.