[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-14-2021 by L.L. No. 11-2021]
It is the intent of this article to opt the Village of Rye Brook out of having adult-use retail cannabis dispensaries and on-site cannabis consumption establishments licensed to operate or established within the Village of Rye Brook.
This article is adopted pursuant to New York State Cannabis Law § 131 which expressly authorizes villages to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Village. This article is subject to a permissive referendum/referendum on petition pursuant to Municipal Home Rule Law § 24 and Article Nine of the Village Law.
A. 
The Board of Trustees of the Village of Rye Brook, County of Westchester hereby opts out of having adult-use retail cannabis dispensaries and on-site cannabis consumption establishments licensed or established within the Village of Rye Brook.
B. 
In accordance with the New York State Cannabis Law § 131(1), the Village of Rye Brook hereby requests the Cannabis Control Board to prohibit the establishment of adult-use retail dispensary licenses and adult-use on-site consumption licenses contained in Article Four of the New York State Cannabis Law (Chapter 7-A of the Consolidated Laws) within the jurisdiction of the Village of Rye Brook, Westchester County, New York.
If any clause, sentence, paragraph, subdivision, or part of this article or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted 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 New York State Cannabis Law § 131 and the procedures outlined in Municipal Home Rule Law § 24 and Article Nine of Village Law and thus may not be filed with the Secretary of State until the applicable time period has elapsed to file a petition or a reference has been conducted approving this article.
This article shall be subject to permissive referendum and shall not become operative or effective unless and until 30 days have elapsed after its adoption and no petition protesting against this article has been filed with the Village Clerk or, if such a petition is filed, a proposition for the approval of this article has been submitted and received the affirmative vote of a majority of the voters voting thereon. If no petition is timely filed or if a petition is filed and this article is approved, it shall take effect upon filing by the office of the New York Secretary of State.