[Adopted 8-12-2021 by L.L. No. 2-2021]
It is the intent of this article to opt the Town of Niles out
of hosting retail cannabis dispensaries and/or on-site cannabis consumption
establishments within its boundaries.
This article is adopted pursuant to Cannabis Law § 131,
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 licenses within
the jurisdiction of the Town, subject to a permissive referendum pursuant
to Municipal Home Rule Law § 24.
The Town Board hereby opts out of licensing and establishing
cannabis retail dispensaries and/or cannabis on-site consumption establishments
within its boundaries.
The Town Board has considered the provisions of Article 8 of
the Environmental Conservation Law ("SEQRA") and the regulations adopted
thereunder at 6 NYCRR Part 617 and finds this article to be a Type
II Action as defined therein. Therefore, no further review is required
under SEQRA.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this article or the application thereof to
any person, firm or corporation, or circumstance is invalid or unconstitutional,
the court's order or judgment shall not affect, impair, or invalidate
the remainder of this article, 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 shall take effect immediately upon filing with
the Secretary of State, provided that such filing occurs no sooner
than 45 days after the adoption of this article by the Town Board.
Pursuant to Cannabis Law § 131, this article is subject
to a permissive referendum and may not be filed with the Secretary
of State until the applicable time period has elapsed to file a petition
or a referendum has been conducted approving this article.