[Adopted 10-7-2021 by L.L. No. 8-2021]
It is the intent of this article to opt the Village of Westbury
out of hosting retail cannabis dispensaries and on-site cannabis consumption
establishments within its boundaries. The Board of Trustees feels
that it is necessary to observe how the roll-out of the New York State
Cannabis Law and accompanying regulations are implemented, and actual
experience as to how the licensing will work and its impacts on the
communities that choose to not opt out. The Cannabis Law allows the
Village to later opt in if, after additional data and experience is
available, the Board of Trustees deems that it is appropriate to do
so.
This article is adopted pursuant to Cannabis Law § 131,
which expressly authorizes villages to opt out of allowing retail
cannabis dispensaries and/or on-site cannabis consumption establishments
to locate and operate within their boundaries.
The Board of Trustees of the Village of Westbury, County of
Nassau, hereby opts out of allowing retail cannabis dispensaries and
on-site cannabis consumption establishments from locating and operating
within the boundaries of the Village of Westbury.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this article or the application thereof to
any person, firm or corporation, or circumstance is invalid or unconstitutional,
the court's order or judgment 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, individual, firm or corporation
or circumstance directly involved in the controversy in which such
judgment or order shall be rendered.
This article shall take effect immediately upon filing with
the Secretary of State. Pursuant to Cannabis Law § 131,
this article is subject to a 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 this article.