[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-1-2021 by L.L. No. 1-2022]
It is the intent of this article to opt out of allowing on-site
cannabis consumption establishments in the Town of Poughkeepsie that
would otherwise be allowed under New York's Cannabis Law Article
4.
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 on-site
cannabis consumption licenses within the jurisdiction of the Town,
and it is subject to a permissive referendum, the procedures for which
are governed by Municipal Home Rule Law § 24.
The Town Board of the Town of Poughkeepsie hereby opts out of
allowing on-site cannabis consumption sites from being established
and operated within the Town's jurisdiction.
This article is subject to a referendum on petition in accordance
with Cannabis Law § 131 and the procedures outlined in Municipal
Home Rule Law § 24.
If any part or provision of this article or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or circumstances,
and the Town Board of the Town of Poughkeepsie hereby declares that
it would have passed this article or the remainder thereof had such
invalid application or invalid provisions been apparent.
All ordinances, local laws and parts thereof inconsistent with
this article are hereby repealed.
This article shall become effective upon filing with the office
of the New York State Secretary of State in accordance with § 27
of the Municipal Home Rule Law.
