[HISTORY: Adopted by the Village Board of the Village of Piermont as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-7-2021 by L.L. No. 3-2021]
A. 
The recently established N.Y.S. Cannabis Law, Chapter 7-a of the Consolidated Laws of the State of New York, provides in Article 6, § 131 that the licensure and establishment of an on-site consumption license under the provisions of Article 4 of Chapter 7-a shall not be applicable to a town, city or village which, after the effective date of the chapter and before December 31, 2021, adopts a local law, subject to permissive referendum governed by Section 24 of the municipal home rule law, requesting the Cannabis Control Board to prohibit the establishment of such on-site consumption licenses within the jurisdiction of the town, city or village.
B. 
It is the intent of this article that the Village of Piermont opt out from allowing on-site cannabis consumption sites only in the Village that otherwise would be allowed under Cannabis Law Article 4.
C. 
This article provides that the Village of Piermont does not opt out from allowing cannabis retail dispensaries in the Village that otherwise would be allowed under Cannabis Law Article 4.
D. 
More specifically, the Village Board, finds that permitting on-site cannabis consumption sites, without careful review of the unique impact of such premises on the health, safety and welfare of the residents of the Village given, among other things, the generally small size of the Village, and the relative close proximity of the commercial locations within which such establishments might be located to parks, schools, churches and residential zones throughout the Village, coupled with as yet unresolved issues addressing enforcement of the new laws and guidelines related to on-site cannabis consumption sites would not be, at the current time, in the interests of Village residents.
This article is adopted pursuant to N.Y.S. Cannabis Law § 131, which expressly authorizes the Village 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 Village, subject to a permissive referendum.
The Village Board of the Village of Piermont hereby opts out from allowing the establishment of on-site cannabis consumption sites within the Village and requests that the Cannabis Control Board prohibit such on-site consumption sites within the Village.
If any clause, sentence, paragraph, subdivision, or part of this Chapter 80, Article I, 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.
This article shall take effect in accordance with Municipal Home Rule Law § 24(1)(b) and Village Law § 9-902, namely, 30 days after its adoption and upon filing with the Secretary of State, or upon approval by the affirmative vote of a majority of the qualified electors of the Village of Piermont voting on a proposition for its approval if within 30 days after its adoption there be filed with the Village Clerk a petition signed and acknowledged by electors of the Village in number equal to at least twenty per centum of such electors in the Village, as shown on the register of electors for the previous general Village election, protesting against such act or resolution and requesting that it be submitted to the electors of the Village for their approval or disapproval.