[HISTORY: Adopted by the Board of Trustees of the Village of Westbury as indicated in article histories. Amendments noted where applicable.]
[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.