[HISTORY: Adopted by the Town Board of the Town of Grand Island as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-1-2021 by L.L. No. 11-2021]
It is the intent of this article to opt the Town of Grand Island out of allowing on-site cannabis consumption sites in the Town of Grand Island that would otherwise be allowed under the Cannabis Law.
This article is adopted pursuant to 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 on-site consumption licenses within the jurisdiction of the Town of Grand Island and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law § 24.
The Town Board of the Town of Grand Island, County of Erie, State of New York, hereby opts out of allowing on-site cannabis consumption sites from being established and operated within the Town of Grand Island.
Should a court determine that any clause, sentence, paragraph, subdivision, or part of this article or the application thereof to any person, firm or corporation, or circumstance is unconstitutional or invalid, such court order or judgement 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, firm, corporation, or circumstance directly involved in the controversy in which such order or judgement shall be rendered.
This article is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24.[1]
[1]
Editor's Note: No valid petition for referendum was filed.
This article shall be effective upon its filing with the Secretary of State. Pursuant to Cannabis Law § 131, this article is subject to permissive referendum and thus 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 the local law.