[HISTORY: Adopted by the Town Board of the Town of Galway
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-12-2021 by L.L. No. 1-2021]
A local law to opt out of allowing cannabis retail dispensaries
and on-site consumption sites is authorized under New York's
Cannabis Law Article 4. It is intent of this article to opt out of
allowing cannabis retail dispensaries and on-site cannabis consumption
sites in the Town of Galway 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 and/or on-site consumption licenses within
the jurisdiction of the Town of Galway 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 Galway hereby opts out of allowing
cannabis retail dispensaries and on-site cannabis consumption sites
from being established and operated within the Town's jurisdiction.
If any clause, sentence, paragraph, subdivision, or part of
this article or application thereof to any person, firm or corporation,
or circumstances, shall be adjusted by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder therefor, 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 circumstances directly involved in the controversy
on which such judgment or order shall be rendered.
This article is subject to a referendum petition in accordance
with New York Cannabis Law § 131 and the procedure outlined
in Municipal Home Rule § 24.[1]
[1]
Editor's Note: No valid petition for referendum was filed.
This article shall take effect immediately upon filing with
the Secretary of State.
