[HISTORY: Adopted by the Town Board of the Town of Dover as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-3-2021 by L.L. No. 2-2021[1]]
[1]
Editor's Note: This local law passed at permissive referendum, effective 12-18-2021
It is the intent of the article for the Town of Dover to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites within the Town of Dover that would be otherwise allowed under New York State Cannabis Law Article 4.
This article is adopted pursuant to the New York State 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 of Dover and is subject to a permissive referendum, the procedure of which is governed by NY Municipal Home Rule Law § 24.
The Town Board of the Town of Dover 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 part or provision of this article or the application thereof to any person or firm or corporation or circumstance shall be adjudged invalid or unconstitutional by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this article or the application thereof to other persons, firm, corporation or circumstance, and the Town Board of the Town of Dover hereby declares that it would have passed this article or the remainder thereof had such invalid application or invalid provision been apparent.
This article is subject to a referendum on petition[1] in accordance with the New York State Cannabis Law § 131 and the procedure outlined in New York Municipal Home Rule Law § 24.
[1]
Editor's Note: Permissive referendum was passed, effective 12-18-2021.
This article shall take effect immediately upon filing in the office of the Secretary of State.