[Adopted 8-26-2021 by L.L. No. 3-2021]
It is the intent of this article to opt the Town of Goshen out
of both hosting retail cannabis dispensaries and on-site cannabis
consumption establishments within its boundaries, outside of any village
located within the Town.
This article is adopted pursuant to Cannabis Law § 131,
which expressly authorizes towns, cities and villages to opt out of
allowing retail cannabis dispensaries and/or on-site cannabis consumption
establishments to locate and operate within their boundaries.
The Town Board of the Town of Goshen, County of Orange, hereby
opts out of licensing and establishing both cannabis retail dispensaries
and cannabis on-site consumption establishments within its boundaries,
outside of its Village, and requests the New York Cannabis Control
Board to prohibit the establishment of such retail dispensary licenses
and on-site consumption licenses in the Town of Goshen outside of
its Village.
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. Pursuant to Cannabis Law § 131,
this article is subject to a permissive referendum and thus 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.