[HISTORY: Adopted by the Board of Trustees of the Village
of Tivoli as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-20-2021 by L.L. No. 3-2021]
It is the intent of this article to opt the Village of Tivoli
out of allowing retail cannabis dispensaries and on-site cannabis
consumption establishments within its boundaries. This article is
intended to further the Village's goals of preserving quality
of life and protecting the public health. Prohibiting retail cannabis
dispensaries and on-site cannabis consumption establishments within
the Village will prevent the Village from becoming a cannabis purchasing
and consumption "destination" and will prevent the Village's
streets and available parking from becoming overburdened. The Board
of Trustees finds that prohibiting these uses will achieve the aforementioned
goals and is in the public interest.
This article is adopted pursuant to New York State Cannabis
Law § 131, which expressly authorizes villages to opt out
of allowing retail cannabis dispensaries and/or on-site cannabis consumption
establishments to locate and operate within their boundaries.
The Board of Trustees of the Village of Tivoli, County of Dutchess,
hereby opts out of allowing cannabis retail dispensaries and cannabis
on-site consumption establishments within its boundaries. Pursuant
to and in accordance with New York State Cannabis Law § 131,
the Board of Trustees hereby requests that the New York State Cannabis
Control Board prohibit the establishment of such retail dispensary
licenses and/or on-site consumption licenses within the jurisdiction
of the Village of Tivoli.
The provisions of this article are severable. If any provision
of this article or the application thereof to any person, firm, corporation,
or circumstance is adjudged invalid by a court of competent jurisdiction,
such order or judgment shall not affect or impair the validity of
the other provisions of this article or the application thereof to
other persons and circumstances.
This article is subject to a referendum on petition in accordance
with Cannabis Law § 131 and the procedure set forth in Municipal
Home Rule Law § 24.[1]
[1]
Editor's Note: No valid petition requesting such referendum
was filed as of November 19, 2021.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
Municipal Home Rule Law § 27(1).
