[Adopted 12-13-2021 by L.L. No. 1-2021]
It is the intent of this article to opt out of retail on-site
cannabis consumption sites in the Town of Saratoga that would otherwise
be allowed under Cannabis Law Article 4.
This article is adopted pursuant to Cannabis Law § 131
which expressly authorizes the Town of Saratoga Town Board ("Town
Board") to adopt a local law, subject to permissive referendum governed
by § 24 of the Municipal Home Rule Law, requesting the Cannaabis
Control Board to prohibit the retail on-site consumption licenses
for adult use cannabis within the jurisdiction of the Town.
The Town Board hereby opts out of allowing retail on-site cannabis
consumption sites from being established and operated within the Town's
jurisdiction.
The Town Board hereby requests that the Cannabis Control Board
prohibit the establishment of retail on-site consumption licenses
for adult-use cannabis within the jurisdiction of the Town of Saratoga.
I f 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 permissive referendum on petition
in accordance with Cannabis Law § 131, and the procedure
outlined in Municipal Home Rule Law § 24. If a valid petition
protesting this article is filed, a special election of the qualified
electors shall be held.
This article shall take effect irmnediately