[HISTORY: Adopted by the Board of Trustees of the Village of Harriman as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2021 by L.L. No. 1-2022[1]]
[1]
Editor's Note: This local law also superseded former Art. I, Retail Dispensaries and On-Site Consumption Establishments, adopted 11-9-2021 by L.L. No. 6-2021, which local law was subsequently repealed 3-8-2022 by L.L. No. 3-2022.
A. 
Legislative intent.
(1) 
The newly established N.Y.S. Cannabis Law, Chapter 7-a of the Consolidated Laws of the State of New York, provides at Article 6, § 131, that the licensure and establishment of a retail dispensary license and/or on-site consumption license under the provisions of Article 4 of Chapter 7-a shall not be applicable to a town, city or village which, after the effective date of the chapter and before December 31, 2021, adopts a local law, subject to permissive referendum governed by § 24 of the Municipal Home Rule Law, requesting the Cannabis Control Board to prohibit the establishment of such retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the town, city or village.
(2) 
It is the intent of this article that the Village of Harriman opt out from allowing cannabis retail dispensaries and on-site cannabis consumption sites in the Village that otherwise would be allowed under Cannabis Law Article 4.
(3) 
The Village Board finds that permitting such establishments, without careful review of the unique impact of such premises on the health, safety and welfare of the residents of the Village given, among other things, the generally small size of the Village, and the relative close proximity of the commercial locations within which such establishments might be located to parks, schools, religious institutions, and residential zones throughout the Village, as yet unresolved issues addressing enforcement of the new laws and the absence of regulations and guidelines related to cannabis sale and use, would not be, at the current time, in the interests of Village residents.
B. 
Authority. This article is adopted pursuant to N.Y.S. Cannabis Law § 131, which expressly authorizes the Village 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 Village, subject to a permissive referendum.
The Village Board of the Village of Harriman hereby opts out from allowing the establishment of cannabis retail dispensaries and on-site cannabis consumption sites within the Village and requests that the Cannabis Control Board prohibit such dispensaries and consumption sites within the Village.
If any clause, sentence, paragraph, subdivision, or part of this Article I of Chapter 61, or the application thereof to any person, firm or corporation, or circumstance, shall be adjudged 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 and the local law by which it is adopted are subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24 and Village Law § 9-902.
This article shall take effect upon filing with the Secretary of State. Pursuant to New York State Cannabis Law § 131, this article is subject to a permissive referendum in accordance with Municipal Home Rule Law § 24(1)(b) and Village Law § 9-902 and may not be filed with the Secretary of State until the applicable time period has elapsed to file a petition or a referendum has been conducted approving this article.