[Adopted 11-17-2021 by L.L. No. 6-2021]
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 Fenton that would otherwise be allowed under Cannabis Law
Article 4.
This article is adopted pursuant to Cannabis Law § 131,
which 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 licenses within the
jurisdiction of the Town. This article is subject to a permissive
referendum, the procedure of which is governed by Municipal Home Rule
Law § 24.
The Town Board of the Town of Fenton hereby opts out of allowing
cannabis retail dispensaries and on-site cannabis consumption sites
from being established and operated within the Town's jurisdiction.
Such operations are hereby prohibited in the Town, unless and until
the Town adopts a further local law to the contrary.
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.
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.
This article shall take effect upon filing with the Secretary
of State.