[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.
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.