[Adopted 11-3-2021 by L.L. No. 2-2021]
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 in accordance with the New York State Cannabis Law § 131
and the procedure outlined in New York Municipal Home Rule Law § 24.
This article shall take effect immediately upon filing in the
office of the Secretary of State.