[HISTORY: Adopted by the Town Board of the Town of Harrison 12-16-2021 by L.L. No. 1-2021. Amendments noted where applicable.]
This chapter shall be known as the "NYS Cannabis Law Opt-Out Legislation Law of the Town of Harrison."
It is the intent of this Local Law for the Town of Harrison to opt out of allowing cannabis retail dispensaries and to opt out of allowing on-site cannabis consumption locations within the Town of Harrison that would otherwise be allowed under New York State Cannabis Law Article 4.
This Local Law is adopted pursuant to New York State Cannabis Law Section 131 which expressly authorizes the Town Board to adopt a Local Law requesting the Cannabis Control Board to prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town of Harrison and is subject to a permissive referendum, the procedure of which is governed by New York Municipal Home Rule Law Section 24.
The Town Board of the Town of Harrison hereby opts out allowing cannabis retail dispensaries and on-site cannabis consumption locations from being established and operated with the Town's jurisdiction and requests that the Cannabis Control Board prohibit the establishment of such retail dispensary licenses and on-site cannabis consumption licenses within the Town of Harrison.
If any part or provision of this Local Law or the application thereof to any person of firm or corporation or circumstance shall be adjudged invalid or unconstitutional by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which judgment shall be rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons, firm corporation or circumstance, and the Town Board of the Town of Harrison hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.
This Local Law is subject to a referendum on petition in accordance with New York State Cannabis Law Section 131 and the procedure outlined in New York Municipal Home Rule Law Section 24.
This Local Law shall take effect immediately upon filing with the Secretary of the State of New York.