[HISTORY: Adopted by the Town Board of the Town of Henrietta
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-22-2021 by L.L. No. 17-2021]
The adoption of this article is in accordance with Cannabis
Law § 131 which expressly provides that the licensure and
establishment of adult use cannabis retail dispensaries and on-site
consumption sites shall not be applicable where a municipality adopts
a local law requesting that the Cannabis Control Board prohibit the
establishment of cannabis retail dispensary licenses and/or on-site
consumption licenses within the jurisdiction of the Town.
This article shall be known as and may be cited as "Local Law
No. 17 of 2021 to Opt Out of Cannabis On-Site Consumption Sites,"
and its purpose is to opt out of allowing on-site consumption sites
in Town.
New York State, through its Control Board, has committed to
implementing regulations governing the licensure and other related
details for adult use cannabis retail dispensaries and on-site consumption
sites which are governed by newly implemented cannabis laws in New
York. However, New York has failed to develop or provide such regulations
at this time. Such regulations will provide context and insight into
the details of licensure and operation of these establishments. While
the regulation and impacts of retail dispensaries may be reasonably
anticipated by considering, for example, the similar impacts of liquor/alcohol
sales, there are fewer corollaries by which to assess on-site consumption
sites, particularly given that they are likely to include on-site
smoking of a controlled substance and given that the Clean Indoor
Air Act otherwise prohibits indoor smoking in public spaces. The Town
of Henrietta thus feels that it would be premature to permit on-site
consumption sites in Town without first observing and understanding
the regulations which will govern them. As such, the Henrietta Town
Board hereby finds and hereby determines that, pursuant to Cannabis
Law § 131, it shall opt out of allowing cannabis on-site
consumption sites that would otherwise be allowed pursuant to New
York Cannabis Law at this time.
The Henrietta Town Board hereby requests that the Cannabis Control
Board prohibit in the Town of Henrietta the establishment of on-site
consumption licenses otherwise allowed by the New York Cannabis Law,
thereby opting 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 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.
All other ordinances or local laws of the Town of Henrietta
which are in conflict with the provisions of this article are hereby
superseded or repealed to the extent necessary to give this article
force and effect during its effective period.
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 for referendum was filed.
This article will take effect immediately.
