[HISTORY: Adopted by the Town Board of the Town Mamaroneck 10-20-2021 by L.L. No.
14-2021. Amendments noted where applicable.]
This chapter shall be known as the opt-out from the licensure
and establishment of a retail dispensary license and/or on-site consumption
license authorizing the retail sale of adult-use cannabis to cannabis
consumers under the provisions of article four of Cannabis Law of
the State of New York.
A.
Section 131 of the Cannabis Law allows local governments to opt out
of the provisions of the Cannabis Law insofar as that law allows the
licensing and the establishment of retail dispensaries and/or places
for the on-site consumption of cannabis products. A local law, passed
before December 31, 2021, is required in order for a local government
to opt out. Failure to pass such a local law on or before December
31, 2021 means that such local government cannot opt out of the Cannabis
Law. However, a local government that properly opts out of the Cannabis
Law can "opt-into" that law after December 31, 2021.
B.
The Town Board finds that it is in the best interests of the Town
to opt out of the Cannabis Law so that it can monitor the effect of
the retail sale of adult-use cannabis to cannabis consumers and of
places authorized to allow the on-site consumption of cannabis by
cannabis consumers in other communities within Westchester County
and beyond.
A.
The Town hereby requests the Cannabis Control Board to prohibit within
the unincorporated area of the Town the establishment of retail dispensary
licenses or on-site consumption licenses pursuant to article four
of the Cannabis Law.
B.
The Town opts out of having retail dispensaries of cannabis and/or
places for the on-site consumption of cannabis located within the
unincorporated area of the Town.
This chapter is subject to a permissive referendum governed
by section twenty-four of the Municipal Home Rule Law of the State
of New York.
