[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton Beach 10-7-2021 by L.L. No. 6-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was subject to permissive referendum, and no valid petition requesting such referendum was filed as of 11-22-2021.
It is the policy and intent of the Village of Westhampton Beach (Village) to prohibit the licensing and establishment of retail cannabis dispensaries and/or on-site cannabis consumption establishments within the Village. By the enactment of this chapter, the Board of Trustees is exercising its authority to request, and is requesting, the New York State Cannabis Control Board to prohibit the establishment within the Village of such retail dispensary licenses and/or on-site consumption licenses otherwise authorized pursuant to Article 4 of the New York Cannabis Law.
This chapter is enacted pursuant to New York Cannabis Law § 131, which grants authority to the Village to opt out, and thereby prohibit, the issuance of licenses for, and the operation of, retail cannabis dispensaries and/or on-site cannabis consumption establishments in the Village. This chapter is intended to exercise the said authority of the Village to the maximum permissible extent.
A. 
To the fullest extent permitted by law, the Village of Westhampton Beach hereby opts out of licensing and establishing cannabis retail dispensaries and/or cannabis on-site consumption establishments within the Village of Westhampton Beach.
B. 
On and after the effective date of this section, no governmental agency shall approve or issue a license or other government authority to permit, establish or operate any cannabis retail dispensary and/or cannabis on-site consumption establishment within the Village of Westhampton Beach.
C. 
No property or premises in the Village may be operated or used, in whole or in part, for a cannabis retail dispensary and/or cannabis on-site consumption establishment, as those terms are defined in the New York State Cannabis Law.