[HISTORY: Adopted by the Town Board of the Town of Carmel as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-14-2021 by L.L. No. 2-2021]
It is the intent of this article for the Town of Carmel to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites within the Town of Carmel that would be otherwise allowed under New York State Cannabis Law Article 4.
This article is adopted pursuant to New York State Cannabis Law § 131 which expressly authorizes the Town 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 Town of Carmel and is subject to a permissive referendum, the procedure of which is governed by NY Municipal Home Rule Law § 24.
The Town Board of the Town of Carmel hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established and operated within the Town's jurisdiction.
If any part or provision of this article or the application thereof to any person or firm or corporation or circumstance be shall adjudged invalid or unconstitutional by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this article or the application thereof to other persons, firm, corporation or circumstance, and the Town Board of the Town of Carmel hereby declares that it would have passed this article or the remainder thereof had such invalid application or invalid provision been apparent.
This article is subject to a referendum on petition[1] in accordance with New York State Cannabis Law § 131 and the procedure outlined in New York Municipal Home Rule Law § 24.
[1]
Editor’s Note: No valid petition requesting referendum was filed.
This article shall take effect immediately upon filing in the office of the Secretary of State.