[Adopted 11-22-2021 by L.L. No. 9-2021]
It is the intent of this article to opt the Village of Pleasantville
out of having adult-use retail cannabis dispensaries and on-site cannabis
consumption establishments licensed to operate or established within
the Village of Pleasantville.
This article is adopted pursuant to New York State Cannabis
Law § 131, which expressly authorizes villages to adopt
a local law requesting the Cannabis Control Board to prohibit the
establishment of retail dispensary licenses and/or on-site consumption
licenses within the jurisdiction of the Village. This article is subject
to a permissive referendum/referendum on petition pursuant to Municipal
Home Rule Law § 24 and Article 9 of the Village Law.
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 adjudged 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 is subject to a referendum on petition in accordance
with New York State Cannabis Law § 131 and the procedures outlined
in Municipal Home Rule Law § 24 and Article 9 of the Village
Law 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.
This article shall be subject to permissive referendum and shall
not become operative or effective unless and until 30 days have elapsed
after its adoption and no petition protesting against this article
has been filed with the Village Clerk or, if such a petition is filed,
a proposition for the approval of this article has been submitted
and received the affirmative vote of a majority of the voters voting
thereon. If no petition is timely filed or if a petition is filed
and this article is approved, it shall take effect upon filing by
the Office of the New York Secretary of State.