[Adopted 10-5-2021 by L.L. No. 2-2021]
It is the intent of this article to opt out of allowing cannabis
retail dispensaries and on-site cannabis consumption sites in the
Village of Altamont that would otherwise be allowed under Cannabis
Law Article 4.
This article is adopted pursuant to Cannabis Law § 131,
which expressly authorizes the Village of Altamont Board of Trustees
("Village Board") to adopt a local law, subject to permissive referendum
governed by § 24 of the Municipal Home Rule Law, requesting
the Cannabis Control Board to prohibit the establishment of cannabis
retail dispensary licenses and/or on-site consumption licenses for
adult-use cannabis within the jurisdiction of the Village.
The Village Board hereby opts out of allowing cannabis retail
dispensaries and on-site cannabis consumption sites from being established
and operated within the Village's jurisdiction.
The Village Board hereby requests that the Cannabis Control
Board prohibit the establishment of retail dispensary licenses and
on-site consumption licenses for adult-use cannabis within the jurisdiction
of the Village of Altamont.
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. If a valid petition protesting this
article is filed, a special election of the qualified electors shall
be held.
This article shall take effect immediately upon filing with
the Secretary of State.