[HISTORY: Adopted by the Town Board of the Town of Wawayanda as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-22-2021 by L.L. No. 3-2021[1]]
[1]
Editor's Note: This local law was subject to a permissive referendum. The 30 days have passed with no objections to the adoption being received.
The intent of this chapter is to opt the Town of Wawayanda out of the state statute that would otherwise allow on-site cannabis consumption establishments within the Town. The Town Board does not intend to exclude cannabis retail dispensaries from the Town, as the Board believes retail dispensaries can be adequately regulated to ensure the continued health, safety, and well-being of residents of and visitors to the Town of Wawayanda. This chapter is enacted pursuant to Section 131 of the NYS Marijuana Regulation and Taxation Act, which expressly authorizes towns to opt out of the state's authorization to allow on-site cannabis consumption establishments to locate and operate within their boundaries, and the state Municipal Home Rule Law.
The Town Board of the Town of Wawayanda, County of Orange, hereby opts out of licensing and establishing cannabis on-site consumption establishments in the Town. Such establishments shall not be permitted in the Town of Wawayanda.
If a court of competent jurisdiction determines that any clause, sentence, paragraph, subdivision, or part of this chapter or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this chapter, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this chapter 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 chapter is subject to permissive referendum.[1]
[1]
Editor's Note: This local law was subject to a permissive referendum. The 30 days have passed with no objections to the adoption being received.
This chapter shall take effect immediately upon filing with the Secretary of State.