[Adopted 10-11-2021 by L.L. No. 3-2021]
This article is enacted pursuant to the New York State Constitution
and New York Municipal Home Rule Law § 10 and Cannabis Law
§ 131.
It is the intent of the Town Board of the Town of Lenox to opt
the Town out of hosting retail cannabis dispensaries and on-site cannabis
consumption establishments within its boundaries.
The Town Board of the Town of Lenox, County of Madison, hereby
opts-out of allowing retail cannabis dispensaries and on-site cannabis
consumption establishments from locating and operating within the
boundaries of the Town of Lenox.
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 New York State Department 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.