[Adopted 12-9-2021 by L.L. No. 3-2021]
It is the intent of this article to opt out of allowing cannabis
retail dispensaries and on-site cannabis consumption sites in the
Town of Geneseo, County of Livingston and State of New York, that
would otherwise be allowed under Article 4 of the New York State Marijuana
Regulation and Taxation Act as found in Chapter 7-A of the Consolidated
Laws of the State of New York (the "Cannabis Law").
This article is adopted pursuant to Article 6, § 131 of
the Cannabis Law, 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 within the jurisdiction of the Town. Such a local law
is subject to permissive referendum, the procedure of which is governed
by New York State Municipal Home Rule Law §24.
The Town Board of the Town of Geneseo hereby opts out of allowing
cannabis retail dispensaries and on-site cannabis consumption sites
from being established and operated within the Town of Geneseo and
does hereby request that the Cannabis Control Board prohibit the issuance
of cannabis retail dispensary licenses and/or on-site consumption
licenses within the jurisdiction of the Town of Geneseo.
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 adjudicated 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 is rendered.
This article is subject to permissive referendum on petition
in accordance with the Cannabis Law Article 6, §131 and the procedure
outlined in New York State Municipal Home Rule Law §24.
This article shall take effect immediately upon filing with
the Secretary of State.