[HISTORY: Adopted by the Common Council of the City of Oneida as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-2021 by L.L. No. 3-2022]
This article is enacted pursuant to the New York State Constitution and New York Municipal Home Rule Law § 10 and Cannabis Law § 131.
It is the intent of the Common Council of the City of Oneida to opt the City of Oneida out from hosting retail cannabis dispensaries and on-site cannabis consumption establishments within its boundaries.
The Common Council of the City of Oneida, County of Madison, hereby opts out of allowing retail cannabis dispensaries and on-site cannabis consumption establishments from locating and operating within the boundaries of the City of Oneida.
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 New York State Department of State. Pursuant to 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 for referendum was filed.