[Adopted 11-10-2021 by L.L. No. 7-2021]
It is the intent of this article to opt out of allowing on-site
cannabis consumption sites in the Town of Massena that would otherwise
be allowed under NYS Cannabis Law Article 4.
This article is adopted pursuant to NYS Cannabis Law § 131,
which expressly authorizes the 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 Massena hereby opts out of allowing
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 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 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 NYS Cannabis Law § 131 and the procedure outlined in
Municipal Home Rule Law § 4.
This article shall take effect immediately upon filing with
the Secretary of State.