New York State Cannabis Law section 131 states: "The licensure and
establishment of a retail dispensary license and/or on-site consumption
license under the provisions of article four of this chapter authorizing
the retail sale of adult-use cannabis to cannabis consumers shall
not be applicable to a town, city or village which, after the effective
date of this chapter, and, on or before the later of December 31st,
2021 or nine months after the effective date of this section, adopts
a local law, subject to permissive referendum governed by section
twenty-four of the municipal home rule law, requesting the cannabis
control board to prohibit the establishment of such retail dispensary
licenses and/or on-site consumption licenses contained in article
four of this chapter, within the jurisdiction of the town, city or
village. Provided, however, that any town law shall apply to the area
of the town outside of any village within such town. No local law
may be adopted after the later of December 31st, 2021 or nine months
after the effective date of this section prohibiting the establishment
of retail dispensary licenses and/or on-site consumption licenses;
provided, however that a local law repealing such prohibition may
be adopted after such date."
Based on the authority of Cannabis Law section 131 as aforesaid,
the Town of Hempstead does hereby declare that the licensure and establishment
of a retail dispensary license and/or on-site consumption license
under the provisions of article four of the New York State Cannabis
Law authorizing the retail sale of adult-use cannabis to cannabis
consumers shall not be applicable in the unincorporated portions of
the Town of Hempstead. Further, pursuant to Cannabis Law section 131,
the Town of Hempstead requests for all purposes that the Cannabis
Control Board prohibit the establishment of such retail dispensary
licenses and/or on-site consumption licenses contained in article
four of the Cannabis Law, within the Town.
Such licensure and establishment shall be a violation of this section.
All violations of any provision of this section by the owner, lessee,
or other person or entity operating the business shall be punishable
by issuance of appearance tickets, returnable in the District Court
of Nassau County. The Nassau County Police, the Department of Buildings
and any other authorized department or agency shall have authority
to issue such appearance tickets. The fine for such violation(s) shall
be a minimum of $250 to a maximum of $1,000 per occurrence, and each
day that the violation shall exist shall be considered a separate
violation. Concurrently, the Town of Hempstead shall have jurisdiction
to maintain an action in any court of competent jurisdiction to enjoin
such violation and/or to obtain any other form of equitable relief
which as to such court appears just and proper for the purpose of
eliminating the violation(s).