[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.
