[HISTORY: Adopted by the Town Board of the Town of Shelter Island as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-28-2021 by L.L. No. 7-2021, effective 7-16-2021]
A. 
It is the intent of this article to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites in the Town of Shelter Island that would otherwise be allowed under Cannabis Law Article 4.
B. 
New York Cannabis Law requires towns to opt out prior to December 31, 2021 or forever lose the right to do so. Thus, in order to allow the public to decide for themselves by permissive referendum whether to allow retail dispensaries and on-site consumption in the Town of Shelter Island, it is necessary to opt out at this time.
This article is adopted pursuant to 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 and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law § 24.
The Town Board of the Town of Shelter Island 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 clause, sentence, paragraph, subdivision, or part of this article or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted 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.