[HISTORY: Adopted by the Town Board of the Town of Cornwall
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-12-2021 by L.L. No. 1-2021[1]]
[1]
Editor’s Note: This local law was subject to permissive
referendum; no valid petition was received.
The purpose of this article is to provide for the health, safety,
and general welfare of persons and property in the Town of Cornwall
by opting out of the provisions of the State Cannabis Law which legalize
retail sale of cannabis and establishments for on-site consumption
of cannabis.
This article shall be known as "Cannabis Regulation."
As is permitted by the State Cannabis Law (Chapter 7-A of the
Consolidated Laws of the State of New York), the Town of Cornwall
hereby requests the State Cannabis Control Board to prohibit licenses
for cannabis retail dispensaries and licenses for on-site consumption
of cannabis within the unincorporated portion of the Town of Cornwall.
A.
A violation of this article shall be punishable by a fine not exceeding
$250 or by imprisonment not exceeding 15 days, or both such fine and
imprisonment.
B.
In addition, a civil penalty of $250 plus attorneys' fees may
be recovered by the Town of Cornwall in a civil action for violation
of this article.
C.
The Town Board may also maintain an action or proceeding to compel
compliance with or to restrain by injunction the violation of this
article, and in any such action the Town shall be entitled to recover
attorneys' fees.
D.
In addition to all rights and remedies under this article, the Town
may bring zoning violation enforcement proceedings in regard to any
property being used for retail sales of cannabis and/or establishments
for on-site consumption of cannabis.
Each day that a violation of this chapter continues shall constitute
a separate violation and shall subject the offender to a separate
and additional criminal charge and/or civil penalty.
