[Adopted 12-14-2021 by L.L. No. 3-2021]
It is the intent of this article to opt out of allowing on-site
cannabis consumption sites in the Town of Gardiner that would otherwise
be allowed under Cannabis Law Article 4.
This article is adopted pursuant to Cannabis Law § 131
which expressly authorizes the Town Board to adopt a local law requesting
the Cannabis Control Board to prohibit the establishment of cannabis
retail dispensary licenses within the jurisdiction of the Town and
is subject to a permissive referendum, the procedure of which is governed
by Municipal Home Rule Law § 24.
The Town Board of the Town of Gardiner hereby opts out of allowing
on-site cannabis consumption from being established and operated within
the Town's jurisdiction.
If any clause, 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 of judgement 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 judgement or order shall be rendered.
This article is subject to a referendum of petition in accordance
with Cannabis Law § 131 and the procedure outlined in Municipal
Home Rule Law § 24.
This article shall take effect immediately upon filing with
the Secretary of State.