[HISTORY: Adopted by the Board of Trustees of the Village
of Chatham as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-8-2021 by L.L. No. 1-2022[1]]
A.
The State of New York enacted the New York State Cannabis Law, effective
March 31, 2021, which provides for the licensing and establishment
of, among other things, the retail sale and on-site consumption of
certain cannabis-based products. Section one hundred thirty-one of
such law authorizes any town, city, or village to enact a local law
requesting that the New York State licensing body, the "Cannabis Control
Board," prohibit the licensing of such cannabis establishments and
thereby prohibit the establishment of cannabis retail sale dispensaries
and on-site consumption establishment within the requesting municipality,
provided a local law to such effect is enacted between March 31, 2021,
the effective date of the Cannabis Law, and December 31, 2021, and
further provided that such local law shall be subject to permissive
referendum.
B.
Section one hundred thirty-one of the Cannabis Law further provides
that no law opting out of cannabis licensing may be enacted by a municipality
after December 31, 2021, but an "opt-out" law that is enacted prior
to December 31, 2021 may later be repealed and rescinded. Therefore,
the enactment of this article is reversible, but a failure to enact
this article prior to December 31, 2021 cannot later be remedied.
C.
The Board of Trustees of the Village of Chatham finds that the uncertainties
about the potential effects of the permitting of cannabis retail sale
and on-site consumption, as well as the zoning considerations that
may be warranted in relation to establishments of such sale and consumption,
invite further consideration before an irrevocable decision is made.
Therefore, in the interest in prudence and to allow a period of time
for careful consideration of the potential effects of cannabis establishments
and of appropriate zoning or other permissible regulations as may
be allowed under law, the Village Board of Trustees enacts this revocable
article requesting that licenses for cannabis retail and on-site consumption
not be issued unless and until this article is repealed.
A.
Enacting as an unconsolidated local law of the Village of Chatham
the "Opt-out" provision of section 131 of the New York State Cannabis
Law, to request the cannabis control board to prohibit the establishment
of retail dispensary licenses and/or on-site consumption licenses
within the Village of Chatham.
B.
As authorized by section 131 of the New York State Cannabis Law,
the Village of Chatham hereby requests the New York State Cannabis
Control Board to prohibit the establishment of retail dispensary licenses
and/or on-site consumption licenses contained in article four of the
Cannabis Law, within the jurisdiction of the Village of Chatham.
This article is enacted pursuant to the provisions of section
131 of the New York Cannabis Law, the New York Municipal Home Rule
Law and section 4-412 of the New York Village Law.
This article shall take effect December 20, 2021, unless within
30 days after its adoption there be filed with the Village Clerk a
petition signed and acknowledged by electors of the Village in number
equal to at least 20% of such electors in the Village, as shown on
the register of electors for the previous general Village election,
protesting against its enactment and requesting that it be submitted
to the electors of the Village for their approval or disapproval,
in which case it shall take effect upon its approval by the affirmative
vote of a majority of the qualified electors of such Village voting
on such proposition.
[Adopted 7-11-2022 by L.L. No. 6-2022]
A.
The State of New York enacted the New York State Cannabis Law, effective
March 31, 2021, which provides for the licensing and establishment
of, among other things, the retail sale and on-site consumption of
certain cannabis-based products. Pursuant to section 131 of such law,
the Village of Chatham timely enacted a local law requesting that
the New York State licensing body, the "Cannabis Control Board," prohibit
the licensing of such cannabis establishments, and the Village thereby
prohibited the establishment of cannabis retail sale dispensaries
and on-site consumption establishment within the Village of Chatham.
B.
Subsequent to the enactment of such prohibition, the Board of Trustees
of the Village of Chatham has determined that the presence of establishments
for the retail sale of cannabis is not detrimental to, or in conflict
with, the interest of the Village, subject to compliance with the
Zoning Code of the Village of Chatham or other lawful local regulation,
and hereby acts to allow the establishment of retail sales of cannabis
within the Village.
Repealing a portion of an unconsolidated local law of the Village
of Chatham (Local Law No. 1 of 2022 enacted November 8, 2021, "A Local
Law Opting Out of Retail Dispensary and On-site Consumption of Cannabis")
so as to authorize the Cannabis Control Board to grant retail dispensary
licenses within the Village of Chatham.
A.
The Village of Chatham hereby repeals the portion of Local Law No.
1 of 2022[1] enacted November 8, 2021 ("A Local Law Opting Out of Retail
Dispensary and On-site Consumption of Cannabis") that requested the
New York State Cannabis Control Board to prohibit the establishment
of retail dispensary licenses. This article consequently authorizes
the New York State Cannabis Control Board to issue licenses for the
establishment of retail dispensaries within the Village of Chatham.
B.
The portion of Local Law No. 1 of 2022 enacted November 8, 2021 ("A
Local Law Opting Out of Retail Dispensary and On-site Consumption
of Cannabis") that requested the New York State Cannabis Control Board
to prohibit the establishment of on-site consumption licenses is expressly
not repealed and such prohibition of on-site consumption establishments
is to remain in effect and unimpaired by this article.
C.
Any cannabis retail dispensary to be established or for which a license
is applied for shall be subject to the Zoning Code of the Village
of Chatham and any other applicable local laws or regulations that
may lawfully be enacted or established by the Village of Chatham.
This article is enacted pursuant to the provisions of section
131 of the New York Cannabis Law, the New York Municipal Home Rule
Law and section 4-412 of the New York Village Law.
This article is to be considered in its entirety and in the
event any provision of such local law shall be found by a court of
proper jurisdiction to be invalid or without effect, this entire local
law shall thereby be made invalid and without effect.
This article shall take effect August 15, 2022.
