Town of Lewisboro, NY Chapter 100 Cannabis

[HISTORY: Adopted by the Town Board of the Town of Lewisboro as indicated in article histories. Amendments noted where applicable.]

Article I On-Site Consumption Locations

[Adopted 7-12-2021 by L.L. No. 8-2021]

§ 100-1 Legislative intent.

It is the intent of this article for the Town of Lewisboro to opt out of allowing on-site cannabis consumption locations within the Town of Lewisboro that would be otherwise allowed under New York State Cannabis Law Article 4.

§ 100-2 Authority.

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 Lewisboro and is subject to a permissive referendum, the procedure of which is governed by New York Municipal Home Rule Law § 24.

§ 100-3 Local opt-out.

The Town Board of the Town of Lewisboro hereby opts out of allowing on-site cannabis consumption locations, lounges or sites from being established and operated within the Town's jurisdiction.

§ 100-4 Severability.

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 Lewisboro hereby declares that it would have passed this article or the remainder thereof had such invalid application or invalid provision been apparent.

§ 100-5 Permissive referendum/referendum on petition.

This article is subject to a referendum on petition in accordance with New York State Cannabis Law § 131 and the procedure outlined in New York Municipal Home Rule Law § 24.[1]

[1] Editor's Note: No valid petition was filed within the required timeframe.

§ 100-6 When effective.

This article shall take effect immediately upon filing in the office of the Secretary of State.

Article II Retail Dispensaries

[Adopted 7-12-2021 by L.L. No. 9-2021[1]]

[1] Editor's Note: This local law was originally adopted as Ch. 101, but was renumbered for organizational purposes.

§ 100-7 Legislative intent.

It is the intent of this article for the Town of Lewisboro to opt out of allowing cannabis retail dispensaries within the Town of Lewisboro that would be otherwise allowed under New York State Cannabis Law Article 4.

§ 100-8 Authority.

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 Lewisboro and is subject to a permissive referendum, the procedure of which is governed by NY Municipal Home Rule Law § 24.

§ 100-9 Local opt-out.

The Town Board of the Town of Lewisboro hereby opts out of allowing cannabis retail dispensaries from being established and operated within the Town's jurisdiction and requests that the Cannabis Control Board prohibit the establishment of such retail dispensary licenses within the Town of Lewisboro.

§ 100-10 Severability.

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 Lewisboro hereby declares that it would have passed this article or the remainder thereof had such invalid application or invalid provision been apparent.

§ 100-11 Permissive referendum/referendum on petition.

This article is subject to a referendum on petition in accordance with New York State Cannabis Law § 131 and the procedure outlined in New York Municipal Home Rule Law § 24.[1]

[1] Editor's Note: No valid petition was filed within the required timeframe.

§ 100-12 When effective.

This article shall take effect immediately upon filing in the office of the Secretary of State