[HISTORY: Adopted by the Board of Trustees of the Village
of Hempstead as indicated in article histories. Amendments noted where
applicable.]
[Added 1-4-2022 by L.L. No. 1-2022]
It is the intent of the Village of Hempstead to prohibit the
licensing and establishment of retail cannabis dispensaries and/or
on-site cannabis consumption establishments within the Village of
Hempstead. By the enactment of this article, 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 boundaries of the Village of Hempstead of such retail dispensary
licenses and/or on-site consumption licenses otherwise authorized
pursuant to Article 4 of the New York Cannabis Law.
This article is adopted pursuant to New York Cannabis Law § 131,
which expressly authorizes cities and villages 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
within their boundaries.
A.
The Board
of Trustees of the Village of Hempstead hereby opts out of allowing
retail cannabis dispensaries and/or on-site cannabis consumption establishments
from locating and operating within its boundaries.
B.
On or after
the effective date of this section, no governmental agency shall approve
or issue any license or other authority to permit, establish or operate
any cannabis retail dispensary and/or cannabis on-site consumption
establishment within the Village of Hempstead.
C.
No property
or premises in the Village of Hempstead 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 Cannabis Law.
A.
This section
shall be enforced by the Hempstead Police Department, any police or
law enforcement agency or department, and by the Hempstead Department
of Buildings and Code Enforcement Officers of the Village of Hempstead.
B.
Penalties
for a violation of this article shall be as follows:
(1)
The
first offense shall be subject to a maximum fine of $500 and/or 15
days in the Nassau County Correctional Center;
(2)
The
second offense shall be subject to a maximum fine of $1,000 and/or
15 days in the Nassau County Correctional Center;
(3)
The
third, and each subsequent, offense shall be subject to a maximum
fine of $2,000 and/or 15 days in the Nassau County Correctional Center.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this article or the application thereof to
any person, firm or corporation, or circumstance is invalid or unconstitutional,
the court's order or judgment shall not affect, impair, or invalidate
the remainder of this article, 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.
This article shall take effect immediately upon filing with
the Secretary of State. Pursuant to New York Cannabis Law § 131,
this article is subject to a 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 this article.[1]
[1]
Editor's Note: No valid petition was filed within the required
timeframe.
