[HISTORY: Adopted by the Board of Trustees of the Village
of Great Neck Plaza as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-20-2021 by L.L. No. 4-2021]
On March 31, 2021, Governor Cuomo signed the Marijuana Regulation
and Taxation Act (MRTA), which had been passed by the New York State
Legislature. Among other things, MRTA legalized retail businesses
in New York State that sell adult-use cannabis products as well as
establishments where the on-site use of cannabis products will be
permitted. MRTA also mandated a comprehensive administrative structure
and licensing procedure regarding such businesses. However, §
131 of the Marijuana Regulation and Taxation Act specifically allowed
localities such as the Village to opt out of allowing such businesses
to locate or operate within their jurisdictions. Given that the administrative
and licensing frameworks for such businesses are still in the process
of being formulated, given that this allows numerous uncertainties
regarding these businesses, and given that the Village, if it fails
to opt out by December 31, 2021, will not be able to do so in the
future, the Village Board of Trustees hereby determines that it will
serve the health, benefit, welfare and safety of the Village and its
residents to exercise its opt-out option at this time. This article
is therefore adopted pursuant to § 131 of the Marijuana Regulation
and Taxation Act, which expressly authorizes the Village to take such
action.
The Board of Trustees of the Village of Great Neck Plaza, pursuant
to § 131 of the Marijuana Regulation and Taxation Act, hereby
opts out of allowing retail adult-use cannabis dispensaries and/or
cannabis consumption establishments from locating and/or operating
within the boundaries of the Village. In furtherance thereof, the
Board of Trustees hereby requests the Cannabis Control Board created
by MRTA to prohibit the licensing of such businesses within the Village's
boundaries.
The invalidity of any section or provision of this article shall
not affect any other provision or portion of this article which can
be given effect without such provision.
This article shall become effective immediately as provided
in the Municipal Home Rule Law upon being filed in the Office of the
Secretary of State. Pursuant to § 131 of the Marijuana Regulation
and Taxation Act, this article is subject to a permissive referendum
and thus will not be filed with the Office of the Secretary of State
until the applicable time period has elapsed within which to file
a petition seeking a referendum and, if such a petition is validly
filed, until a referendum has been conducted approving this article.[1]
[1]
Editor's Note: No valid petition requesting such referendum
was filed.
