[HISTORY: Adopted by the Town Board of the Town of Hyde Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-20-2021 by L.L. No. 8-2021]
It is the intent of this article to opt out of allowing on-site cannabis consumption sites in the Town of Hyde Park that would otherwise be allowed under New York State Cannabis Law Article 4.
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 retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule § 24.
The Town Board of the Town of Hyde Park hereby opts out of allowing 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 circumstances, 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.
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. If a referendum is required, it shall be conducted by special election.[1]
[1]
Editor's Note: No valid petition for referendum was filed.
This article shall take effect immediately upon filing with the State Secretary of State.[1]
[1]
Editor's Note: Former Art. II, Cannabis Retail Dispensaries Opt-Out, adopted 9-20-2021 by L.L. No. 9-2021, which immediately followed, was repealed 8-30-2022 by L.L. No. 2-2022.