[Adopted 11-9-2021 by L.L. No. 8-2021]
This article shall be known and cited as the "Cannabis Opt-Out
Legislation."
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 Mount Pleasant that would otherwise be allowed under Cannabis
Law § 131.
This article is adopted pursuant to Cannabis Law § 131,
which specifically authorizes the Town Board to adopt a local law
requesting the Cannabis Control Board to prohibit the establishment
of cannabis retail dispensary licenses or on-site consumption licenses
or both within the Town's jurisdiction 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 Mount Pleasant 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 modified 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 Cannabis Law § 131 and the procedure outlined in Municipal
Home Rule Law § 24.
This article shall take effect immediately upon filing with
the Secretary of State.
[Adopted 3-14-2023 by L.L. No. 2-2023]
Pursuant to the cannabis opt-out legislation (Chapter
75, Article
I) and vape shop legislation (§
218-63.3), the sale and/or operation of a facility which sells marijuana, including but not limited to, marijuana in vaporized form or in edible form as well as the sale of vaporizing equipment and/or paraphernalia, from unlicensed cannabis retail dispensaries, retail establishments and/or illegal onsite cannabis consumption sites shall be subject to a civil fine as set forth in §
75-9.
A violation of any provision of this article shall be punishable
by a fine not to exceed $2,500 for a first offense, $5,000 for the
second offense, and $7,500 for each subsequence offense. All violations
under this article shall also result in the confiscation of all marijuana
and vaporized equipment and/or paraphernalia.