[Adopted 10-5-2021 by L.L. No. 6-2021]
It is the intent of the Town of New Castle to opt out of allowing
cannabis retail dispensaries and on-site cannabis consumption sites
in the Town of New Castle that would otherwise be allowed under the
New York State Marijuana Regulation and Taxation Act.
This article is adopted pursuant to New York State Marijuana
Regulation and Taxation Act § 131, which expressly authorizes
the Town Board to adopt a local law requesting the Cannabis Control
Board to prohibit the establishment of adult-use retail dispensary
licenses and/or on-site consumption licenses within the jurisdiction
of the Town. This article is subject to a permissive referendum/referendum
on petition pursuant to Municipal Home Rule Law § 24.
The Town Board of the Town of New Castle hereby opts out of
allowing cannabis retail dispensaries and on-site cannabis consumption
sites from being established and operated within the Town's jurisdiction.
In accordance with New York State Marijuana Regulation and Taxation
Act § 131, Subdivision 1, the Town requests the Cannabis
Control Board to prohibit the establishment of retail dispensary licenses
and on-site consumption licenses contained in Article 4 of the New
York State Marijuana Regulation and Taxation Act within the jurisdiction
of the Town of New Castle.
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 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 tendered.
This article is subject to a referendum on petition in accordance
with New York State Marijuana Regulation and Taxation Act § 131
and the procedure outlined in Municipal Home Rule Law § 24.
This article shall take effect immediately upon filing with
the Secretary of State.