[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.
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.