[HISTORY: Adopted by the Town Board of the Town of Chester
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-27-2021 by L.L. No. 4-2021]
This article shall be referred to as, "A Local Law Adding Chapter 68A, Entitled, 'Opt-Out of Cannabis Retail Dispensaries and On-Site Cannabis Consumption Sites,'" to the Town Code of the Town of Chester.
It is the intent and purpose of this article to permit the Town
of Chester to opt out of allowing cannabis retail dispensaries and
on-site cannabis consumption sites in the Town of Chester, that would
otherwise be allowed under New York Cannabis Law Article 4. The Town
Board of the Town of Chester has determined that opting out of allowing
cannabis retail dispensaries and on-site cannabis consumption sites
in the Town of Chester shall further secure and promote the public
health, comfort, welfare, safety and peace for residents of the Town
of Chester.
This article is adopted pursuant to New York Cannabis Law § 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 Chester and is subject to a permissive
referendum,[1] the procedure of which is governed by New York Municipal
Home Rule Law § 24.
[1]
Editor's Note: No valid petition was filed.
The Town Board of the Town of Chester hereby opts out of allowing
cannabis retail dispensaries and on-site consumption sites from being
established and operated within the jurisdiction of the Town of Chester.
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 adjusted 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 New York Cannabis Law § 131 and the procedures outlined
in New York Municipal Home Rule Law § 24.
[1]
Editor's Note: No valid petition was filed.
This article shall take effect immediately upon filing with
the Secretary of State.
