[HISTORY: Adopted by the Town Board of the Town of LeRoy as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-9-2021 by L.L. No. 3-2021]
A. 
It is the intent of this article to request that the Cannabis Control Board of the State of New York ("Cannabis Control Board"), as established pursuant to the New York Cannabis Law, Chapter 7-a of the Consolidated Laws of the State of New York ("Cannabis Law"), permit the Town of LeRoy ("Town") to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites within the jurisdiction of the Town that would otherwise be allowed under Article 4 of the Cannabis Law.
B. 
The recently established Cannabis Law, Chapter 7-a, provides in Article 6, § 131, that the licensure and establishment of a retail dispensary license and/or on-site consumption license under the provisions of Article 4 of Chapter 7-a shall not be applicable to a town which, after the effective date of the Cannabis Law, which was March 31, 2021, and before December 31, 2021, adopts a local law, subject to permissive referendum as governed by § 24 of the Municipal Home Rule Law of the State of New York, requesting the Cannabis Control Board to prohibit the establishment of such retail dispensary licenses and/or on-site consumption licenses contained in Article 4 of the Cannabis Law, within the jurisdiction of the Town.
C. 
The Town Board finds that, at the current time, it is in the best interests of the residents of the Town of LeRoy to adopt a local law as per Cannabis Law § 131 prohibiting, and requesting the Cannabis Control Board to prohibit, the establishment of retail dispensary licenses and on-site consumption licenses that would otherwise be allowed under Article 4 of the Cannabis Law.
D. 
The Town Board finds that allowing said establishments would not be in the interests of promoting the health, safety and welfare of Town residents at this time based upon the following: the proximity of said establishments to parks, school buildings, churches and residential zones within the Town; the uncertainty of enforcing the new laws and guidelines related to cannabis use; and the conflict between state/local laws and federal laws. Additionally, not opting out would forever permit licensing of said establishments within the Town. The Town Board adopts this article in accordance with the timeframe and guidelines as set forth in Chapter 7-a, subsequent to March 31, 2021, and prior to December 31, 2021.
This article is adopted pursuant to Cannabis Law § 131 which expressly authorizes a town 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 town 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 LeRoy hereby opts out from allowing the establishment of retail cannabis dispensaries and on-site cannabis consumption sites within the areas of the Town and requests the Cannabis Control Board prohibit the licensing and establishment of such dispensaries and consumption sites within the area of the Town of LeRoy.
If any portion of this article, or the application thereof, shall be deemed invalid or unconstitutional, the remainder of the local law shall remain in effect.
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.[1]
[1]
Editor's Note: No valid petition requesting such referendum was filed.
This article shall take effect in accordance with Municipal Home Rule Law § 24, namely, 45 days after its adoption and upon filing with the Secretary of State within 20 days after the time period for filing a petition in accordance with Municipal Home Rule § 24 has expired. In the event a valid petition protesting against this article is filed within 45 days after its adoption, then this article shall not be effective until approved by the affirmative vote of a majority of the qualified electors of the Town of LeRoy voting on a proposition for its approval in accordance with the requirements of Municipal Home Rule Law § 24.