[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-12-2021 by L.L. No. 3-2021]
A.
The newly established N.Y.S. Cannabis Law, Chapter 7-a of the Consolidated
Laws of the State of New York, provides at Article 6, § 131,
that the licensure and establishment of a retail dispensary license
and/or on-site consumption license under the provisions of Article
4 of Chapter 7-a shall not be applicable to a town, city or village
which, after the effective date of the chapter and before December
31, 2021, adopts a local law, subject to permissive referendum governed
by § 24 of the Municipal Home Rule Law, requesting the Cannabis
Control Board to prohibit the establishment of such retail dispensary
licenses and/or on-site consumption licenses within the jurisdiction
of the town, city or village.
B.
It is the intent of this article that the Village of Suffern opt
out from allowing cannabis retail dispensaries and on-site cannabis
consumption sites in the Village that otherwise would be allowed under
Cannabis Law Article 4.
C.
More specifically, the Village Board finds that permitting such establishments,
without careful review of the unique impact of such premises on the
health, safety and welfare of the residents of the Village given,
among other things, the generally small size of the Village, and the
relative close proximity of the commercial locations within which
such establishments might be located to parks, schools, religious
institutions, and residential zones throughout the Village, coupled
with as yet unresolved issues addressing enforcement of the new laws
and guidelines related to cannabis sale and use, would not be, at
the current time, in the interests of Village residents.
This article is adopted pursuant to N.Y.S. Cannabis Law § 131,
which expressly authorizes the Village 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 Village, subject to a permissive
referendum.
The Village Board of the Village of Suffern hereby opts out
from allowing the establishment of cannabis retail dispensaries and
on-site cannabis consumption sites within the Village and requests
that the Cannabis Control Board prohibit such dispensaries and consumption
sites within the Village.
If any clause, sentence, paragraph, subdivision, or part of this Article I of Chapter 102, or the application thereof to any person, firm or corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, 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.
