[Adopted 12-6-2022 by L.L. No. 2-2022]
The purpose of this article is to promote the public health,
safety and welfare by opting out of the New York State cannabis legalization
legislation in regard to retail sales and in regard to establishments
for on-site consumption.
This article is adopted pursuant to Municipal Home Rule Law
§ 10, Subdivision 1(ii)a(1), that grants local governments
the authority to enact local laws regarding the public health, safety
and welfare. To the extent the provisions of this article are in conflict
with the State Cannabis Law, the Village Board hereby asserts its
intention to supersede same pursuant to the Municipal Home Rule Law.
As is permitted by the State Cannabis Law (Chapter 7-a of the
Consolidated Laws of the State of New York), the Village of Warwick
hereby opts out of the State Cannabis Law and requests the State Cannabis
Control Board to prohibit licenses for cannabis retail dispensaries
and licenses for on-site consumption of cannabis within the Village.
This article shall, in accordance with New York State Cannabis
Law (Chapter 7-a of the Consolidated Laws of the State of New York),
be subject to referendum on petition as provided in § 24
of the Municipal Home Rule Law.
If any clause, sentence, paragraph, word, section or part of
this article shall be judged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, word, section
or part thereof directly involved in the controversy in which judgment
shall have been rendered.
This article shall take effect no earlier than 45 days after
its adoption and subsequent filing with the Secretary of State, or
upon approval of a majority of the qualified electors voting if a
petition for permissive referendum is filed pursuant to the provisions
of the New York State Cannabis Law (Chapter 7-a of the Consolidated
Laws of the State of New York) and § 24 of the Municipal
Home Rule Law, and subsequent filing with the Secretary of State.