Town of Tuxedo, NY Chapter 41 Cannabis

[HISTORY: Adopted by the Town Board of the Town of Tuxedo as indicated in article histories. Amendments noted where applicable.]

Article I Retail Establishments and On-Site Consumption Establishments

[Adopted 7-26-2021 by L.L. No. 4-2021]

§ 41-1 Legislative intent and authority.

A. The intent of this article is to opt the Town of Tuxedo out of the state statute that would otherwise allow on-site cannabis consumption establishments within the Town. The Town Board does not intend to exclude cannabis retail dispensaries from the Town, as the Board believes retail dispensaries can be adequately regulated to ensure the continued health, safety, and well-being of residents of and visitors to the Town of Tuxedo. Since the lawful use and sale of cannabis to adults is a significant change in state law, the Town Board believes that Tuxedo voters should have the opportunity to determine whether the article is adopted and, therefore, the Board submits this article to a referendum upon the Town Board's own motion.

B. This article is enacted pursuant to Section 131 of the NYS Marijuana Regulation and Taxation Act, which expressly authorizes towns to opt out of the state's authorization to allow on-site cannabis consumption establishments to locate and operate within their boundaries, and the state Municipal Home Rule Law.

§ 41-2 Opt-out.

The Town Board of the Town of Tuxedo, County of Orange, hereby opts out of licensing and establishing cannabis on-site consumption establishments in the Town. Such establishments shall not be permitted in the Town of Tuxedo.

§ 41-3 Severability.

If a court of competent jurisdiction determines that any clause, sentence, paragraph, subdivision, or part of this article or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this article, 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.