[HISTORY: Adopted by the Town Board of the Town of Canandaigua as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-19-2021 by L.L. No. 7-2021]
It is the intent of this article to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites in the Town of Canandaigua 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 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 Canandaigua 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 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 or judgment 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 judgment or order shall be rendered.
This article is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24.[1]
[1]
Editor's Note: No valid petition was filed by the required date.
This article shall take effect immediately upon filing with the Secretary of State.