[Adopted 7-22-2021 by L.L. No. 3-2021]
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.
This chapter shall take effect immediately upon filing with
the Secretary of State.