[HISTORY: Adopted by the Town Board of the Town of Conesus
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-21-2021 by L.L. No. 4-2021]
The adoption of this article is in accordance with Cannabis
Law § 131, which expressly provides that the licensure and
establishment of adult use cannabis retail dispensaries and on-site
consumption sites shall not be applicable where a municipality adopts
a local law requesting that the Cannabis Control Board prohibit the
establishment of cannabis retail dispensary licenses and/or on-site
consumption licenses within the jurisdiction of the Town.
This article shall be known as and may be cited as "Local Law
No. 4-2021 to Opt Out of Adult Use Cannabis Retail Dispensaries and
On-Site Consumption Sites," and its purpose is to opt out of allowing
adult use cannabis retail dispensaries and on-site consumption sites
in Town.
New York State, through its Control Board, has committed to
implementing regulations governing the licensure and other related
details for adult use cannabis retail dispensaries and on-site consumption
sites which are governed by newly implemented cannabis laws in New
York. However, New York has failed to develop or provide such regulations
at this time. Such regulations will provide context and insight into
the details of licensure and operation of these establishments. The
Town of Conesus thus feels that it would be premature to permit these
new establishments in Town without first observing and understanding
the regulations which will govern them. As such, the Conesus Town
Board hereby finds and hereby determines that, pursuant to Cannabis
Law § 131, it shall opt out of allowing adult use cannabis
retail dispensaries and on-site consumption sites that would otherwise
be allowed pursuant to NY cannabis law at this time.
The Conesus Town Board hereby requests that the Cannabis Control
Board prohibit in the Town of Conesus the establishment of retail
dispensary licenses and on-site consumption licenses otherwise allowed
by the NY Cannabis Law, thereby opting out of allowing cannabis retail
dispensaries and on-site cannabis consumption sites from being established
and operated within the Town's jurisdiction.
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 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.
All other ordinances or local laws of the Town of Conesus which
are in conflict with the provisions of this article are hereby superseded
or repealed to the extent necessary to give this article force and
effect during its effective period.
