[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.
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.