Town of Albion, NY Chapter 107 Cannabis Retail Dispensaries and On-Site Consumption Sites

[HISTORY: Adopted by the Town Board of the Town of Albion 11-9-2021 by L.L. No. 5-2021. Amendments noted where applicable.]

§ 107-1 Title.

This chapter shall be referred to as "Local Law No. 5 of 2021 Adding Chapter 107 to the Albion Town Code Opting Out of Adult Use Cannabis Retail Dispensaries and On-Site Consumption Sites."

§ 107-2 Authorization.

This chapter is adopted pursuant to the legislative authority in Municipal Home Rule Law § 10, Town Law §§ 261 to 264, General Municipal Law §§ 96a and 119-dd, Public Service Law Article 10 and Cannabis Law Article 4. More specifically, Cannabis Law § 131 expressly authorizes the Board to adopt this chapter requesting the Cannabis Control Board prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town of Albion (hereinafter referred to as Albion), the procedure of which is governed by Municipal Home Rule Law § 24.

§ 107-3 Purpose and intent.

Albion, as an exercise of the statutory authorities referenced hereinabove, finds it to be in the best interests of Albion residences, businesses and/or commercial entities to enact the immediate legislation.

§ 107-4 Local opt-out.

The Board hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established, maintained and/or operated within the jurisdiction of Albion.

§ 107-5 Permissive referendum; referendum on petition.

This chapter is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24.

§ 107-6 Severability and/or validity.

If any clause, sentence, paragraph, subdivision, section or part of this chapter, or the application thereof to any person, individual, firm or corporation, or circumstance, shall be adjudged by a 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, section or part of this chapter, or in its application to the person, individual, firm or corporation, or circumstance, directly involved in the controversy in which said order or judgment shall be rendered.

§ 107-7 Effective date.

This chapter shall take effect upon the date it is filed in the Office of the New York State Secretary of State in accordance with the Municipal Home Rule Law § 27.