[Adopted 9-14-2021 by L.L. No. 2-2021 (Res. No. 136-2021)]
It is the intent of this article to opt the Town of Southport
out of hosting retail cannabis dispensaries and on-site cannabis consumption
establishments within its boundaries.
This article is adopted pursuant to Cannabis Law § 131,
which expressly authorizes towns to opt out of allowing retail cannabis
dispensaries and on-site cannabis consumption establishments to locate
and operate within their boundaries; provided, however, that any town
law shall apply to the area outside any village within such town.
The Town Board of the Town of Southport, County of Chemung,
State of New York, hereby opts out of licensing and establishing retail
cannabis dispensaries and on-site cannabis consumption establishments
within its boundaries.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this article 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 article, but shall be confined in its operation
to the clause, sentence, paragraph, or part of this article 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 article shall take effect immediately upon filing with
the Secretary of State. Pursuant to Cannabis Law § 131,
this article is subject to a permissive referendum and thus may not
be filed with the Secretary of State until the applicable time period
has elapsed to file a petition or a referendum has been conducted
approving this article.