[HISTORY: Adopted by the Town Board of the Town of Sweden 11-9-2021 by L.L. No. 6-2021. Amendments noted where applicable.]
This chapter shall be referred to as "Local Law 6 of 2021, Adding Chapter 152 to the Sweden Town Code Opting Out of Adult Use Cannabis Retail Dispensaries and On-Site Consumption Sites."[1]
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Editor's Note: This chapter was adopted as Ch. 152, but by resolution adopted 11-29-2022 the Town Board approved its renumbering as Ch. 71 in order to maintain the alphabetical organization of the Town Code.
This chapter is adopted pursuant to the legislative authority in Municipal Home Rule Law § 10, Town Law § 261 through § 264, General Municipal Law § 96a and § 119-dd, Public Service Law Article 10 and Cannabis Law Article 4. More specifically, Cannabis Law § 131 expressly authorizes the Board to adopt this chapter 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 of Sweden (hereinafter referred to as "Sweden"), the procedure of which is governed by Municipal Home Rule Law § 24.
Sweden, as an exercise of the statutory authorities referenced hereinabove, finds it to be in the best interests of Sweden residences, businesses and/or commercial entities to enact the immediate legislation.
The Board hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established, maintained and/or operated within the jurisdiction of Sweden.
This chapter is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24.
If any clause, sentence, paragraph, subdivision, section or part of this chapter, or the application thereof to any person, individual, firm or corporation, or circumstance, shall be adjudged by a 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, section or part of this chapter, or in its application to the person, individual, firm or corporation, or circumstance, directly involved in the controversy in which said order or judgment shall be rendered.
This chapter shall take effect upon the date it is filed in the Office of the New York State Secretary of State in accordance with Municipal Home Rule Law § 27.