[HISTORY: Adopted by the Board of Trustees of the Village
of Valatie as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-14-2021 by L.L. No. 3-2021]
It is the intent of the Village of Valatie to opt out of allowing
on-site cannabis consumption sites in the Village of Valatie 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 Village Board of Trustees to adopt a local law requesting the
Cannabis Control Board to prohibit the establishment of on-site consumption
licenses within the jurisdiction of the Village. This article is subject
to a permissive referendum/referendum on petition pursuant to Municipal
Home Rule Law § 24.
The Village Board of Trustees hereby opts out of allowing on-site
cannabis consumption sites from being established and operated within
the Village's jurisdiction. In accordance with the New York State
Marijuana Regulation and Taxation Act § 131(1), the Village
Board requests the Cannabis Control Board to prohibit the establishment
of on-site consumption licenses contained in Article 4 of the New
York State Marijuana Regulation and Taxation Act within the jurisdiction
of the Village of Valatie.
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 adjusted 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.
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
and/or Article 9 of the New York State Village Law.
This article shall take effect immediately upon filing with
the Secretary of State.
