[HISTORY: Adopted by the Town Board of the Town of Alden as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-2021 by L.L. No. 3-2021]
It is the intent of this chapter to opt the Town of Alden out of allowing retail cannabis dispensaries and on-site cannabis consumption locales within the Town of Alden that would otherwise be allowed under the Cannabis Law.
This chapter is adopted pursuant to Cannabis Law § 131, which expressly authorizes the Town Board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of retail cannabis dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town of Alden and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law § 24.
The Town Board of the Town of Alden, County of Erie, State of New York, hereby opts out of allowing cannabis retail dispensaries and cannabis on-site consumption locales from being established and operated within the Town of Alden.
Should a court determine that any clause, sentence, paragraph, subdivision, or part of this chapter or the application thereof to any person, firm or corporation, or circumstance is unconstitutional or invalid, such court order or judgement 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, firm, corporation, or circumstance, directly involved in the controversy in which such order or judgement shall be rendered.
This chapter is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24.[1]
[1]
Editor's Note: No valid petition for referendum was filed within the required timeframe.
This chapter shall be effective upon its filing with the Secretary of State. Pursuant to Cannabis Law § 131, this chapter is subject to 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 the chapter.