[HISTORY: Adopted by the Town Board of the Town of Wawarsing as indicated in article histories. Amendments noted where applicable.
[Adopted 12-21-2021 by L.L. No. 2-2022[1]]
[1]
Editor's Note: L.L. No. 3-2021, which originally adopted Art. I, was renumbered as L.L. No. 2-2022.
A. 
It is the intent of this article to request the Cannabis Control Board of the State of New York ("Cannabis Control Board"), as established pursuant to the New York Cannabis Law, Chapter 7-a of the Consolidated Laws of the State of New York ("Cannabis Law"), to permit the Town of Wawarsing ("Town") to opt out of allowing on-site cannabis consumption sites within the unincorporated areas of the Town of Wawarsing, that would otherwise be allowed under Article 4 of the Cannabis Law.
B. 
The recently established Cannabis Law, Chapter 7-a provides in Article 6, § 131, that the licensure and establishment of on-site consumption license under the provisions of Article 4 of Chapter 7-a shall not be applicable to a Town which, after the effective date of the Cannabis Law, which was March 31, 2021, and before December 31, 2021, adopts a local law, subject to permissive referendum as governed by § 24 of the Municipal Home Rule Law of the State of New York, requesting the Cannabis Control Board to prohibit the establishment of such on-site consumption license contained in Article 4 of the Cannabis Law within the jurisdiction of the Town.
C. 
The Town Board finds that, at the current time, it is in the best interests of the residents of the Town of Wawarsing to adopt a local law as per Cannabis Law § 131 prohibiting and requesting the Cannabis Control Board to prohibit the establishment of retail dispensary licenses and on-site consumption licenses that would otherwise be allowed under Article 4 of the Cannabis Law. The Town Board finds that permitting such establishments without reviewing the unique and novel impact that the establishment of such businesses would have on the health, safety and welfare of the residents of the Town of Wawarsing given, among other things, the relative close proximity of commercial locations within such establishments might be located to parks, churches and residential zones throughout the Town, coupled with as yet unresolved issues addressing enforcement of the new laws and guidelines related to cannabis use, would not be at the current time in the interests of Town residents. The Town adopts this article in accordance with the time frame and guidelines as set forth in Chapter 7-a, subsequent to March 31, 2021, and prior to December 31, 2021.
This article is adopted pursuant to Cannabis Law § 131 which expressly authorizes a Town Board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of 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.
Cannabis opt-out. The Town Board of the Town of Wawarsing hereby opts out from allowing the establishment of on-site cannabis consumption sites within the unincorporated areas of the Town and requests the Cannabis Control Board prohibit licensing and establishment of such consumption sites within the unincorporated areas of Town of Wawarsing.
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 adjudicated 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 in accordance with Municipal Home Rule Law § 24, namely, 45 days after its adoption and upon filing with the Secretary of State within 20 days after the time period for filing a petition in accordance with Municipal Home Rule § 24 has expired. In the event a valid petition protesting against this article is filed within 45 days after its adoption, then this article shall not be effective until approved by the affirmative vote of a majority of the qualified electors of the Town of Wawarsing voting on a proposition for its approval in accordance with the requirements of the Municipal Home Rule Law § 24.
[Adopted 12-21-2021 by L.L. No. 3-2022[1]]
[1]
Editor's Note: L.L. No. 4-2021, which originally adopted Art. II, was renumbered as L.L. No. 3-2022.
A. 
It is the intent of this article to request the Cannabis Control Board of the State of New York ("Cannabis Control Board"), as established pursuant to the New York Cannabis Law, Chapter 7-a of the Consolidated Laws of the State of New York ("Cannabis Law"), to permit the Town of Wawarsing ("Town") to opt out of allowing retail dispensaries within the unincorporated areas of the Town of Wawarsing, that would otherwise be allowed under Article 4 of the Cannabis Law.
B. 
The recently established Cannabis Law, Chapter 7-a provides in Article 6, § 131, that the licensure and establishment of a retail dispensary license under the provisions of Article 4 of Chapter 7-a shall not be applicable to a Town which, after the effective date of the Cannabis Law, which was March 31, 2021, and before December 31, 2021, adopts a local law, subject to permissive referendum as governed by § 24 of the Municipal Home Rule Law of the State of New York, requesting the Cannabis Control Board to prohibit the establishment of such retail dispensary license contained in Article 4 of the Cannabis Law within the jurisdiction of the town.
C. 
The Town Board finds that, at the current time, it is in the best interests of the residents of the Town of Wawarsing to adopt a local law as per Cannabis Law § 131 prohibiting and requesting the Cannabis Control Board to prohibit the establishment of retail dispensary licenses that would otherwise be allowed under Article 4 of the Cannabis Law. The Town Board finds that permitting such establishments without reviewing the unique and novel impact that the establishment of such businesses would have on the health, safety and welfare of the residents of the Town of Wawarsing given, among other things, the relative close proximity of commercial locations within such establishments might be located to parks, churches and residential zones throughout the Town, coupled with as yet unresolved issues addressing enforcement of the new laws and guidelines related to cannabis use, would not be at the current time in the interests of Town residents. The Town adopts this article in accordance with the time frame and guidelines as set forth in Chapter 7-a, subsequent to March 31, 2021, and prior to December 31, 2021.
This article is adopted pursuant to Cannabis Law § 131 which expressly authorizes a Town Board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of retail dispensary 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.
Cannabis opt-out. The Town Board of the Town of Wawarsing hereby opts out from allowing the establishment of retail cannabis dispensary sites within the unincorporated areas of the Town and requests the Cannabis Control Board prohibit licensing and establishment of such dispensaries sites within the unincorporated areas of Town of Wawarsing.
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 adjudicated 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 in accordance with Municipal Home Rule Law § 24, namely, 45 days after its adoption and upon filing with the Secretary of State within 20 days after the time period for filing a petition in accordance with Municipal Home Rule § 24 has expired. In the event a valid petition protesting against this article is filed within 45 days after its adoption, then this article shall not be effective until approved by the affirmative vote of a majority of the qualified electors of the Town of Wawarsing voting on a proposition for its approval in accordance with the requirements of the Municipal Home Rule Law § 24.