[Adopted 12-8-2021 by L.L. No. 2-2022]
It is the intent of this article to request the Cannabis Control
Board of the State of New York (Cannabis Control Board), as established
pursuant to the New York Cannabis Law, Chapter 7-a of the Consolidated
Laws of the State of New York (Cannabis Law) to permit the Town of
Sand Lake (Town) to opt out of allowing cannabis retail dispensaries,
on-site cannabis consumption sites, and cannabis manufacturing facilities
within the unincorporated areas of the Town of Sand Lake that would
otherwise be allowed under Article 4 of the Cannabis Law.
The recently established Cannabis Law, Chapter 7-a, provides
in Article 6, § 131, that the licensure and establishment
of a retail dispensary license and/or on-site consumption license
and/or manufacturing facilities under the provisions of Article 4
of Chapter 7-a shall not be applicable to a town, which, after the
effective date of the Cannabis Law, which was March 31, 2021, and
before December 31, 2021, adopts a local law, subject to permissive
referendum as governed by § 24 of the Municipal Home Rule
Law of the State of New York, requesting the Cannabis Control Board
to prohibit the establishment of such retail dispensary licenses and/or
on-site consumption licenses and/or manufacturing facilities contained
in Article 4 of the Cannabis Law, within the jurisdiction of the Town.
The Town Board finds that, at the current time, it is in the
best interests of the residents of the Town of Sand Lake to adopt
a local law as per Cannabis Law § 131 prohibiting and requesting
the Cannabis Control Board to prohibit the establishment of retail
dispensary licenses, on-site consumption licenses, and manufacturing
facilities that would otherwise be allowed under Article 4 of the
Cannabis Law. The Town Board finds that permitting such establishments
without reviewing the unique and novel impact that the establishment
of such businesses would have on the health, safety and welfare of
the residents of the Town of Sand Lake, given, among other things,
the relative close proximity of commercial locations within which
such establishments might be located to parks, schools, churches and
residential zones throughout the Town, coupled with as yet unresolved
issues addressing enforcement of the new laws and guidelines related
to cannabis use, would not be, at the current time, in the interests
of Town residents. The Town adopts this article in accordance with
the timeframe and guidelines as set forth in Chapter 7-a, subsequent
to March 31, 2021, and prior to December 31, 2021.
This article is adopted pursuant to Cannabis Law § 131
which expressly authorizes a 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, and/or
cannabis manufacturing facilities within the jurisdiction of the Town
and is subject to a permissive referendum, the procedure of which
is governed by Municipal Home Rule Law § 24.
The Town Board of the Town of Sand Lake hereby opts out from
allowing the establishment of retail cannabis dispensaries, on-site
cannabis consumption sites, and cannabis manufacturing facilities
within the unincorporated areas of the Town and requests the Cannabis
Control Board prohibit the licensing and establishment of such dispensaries,
consumption sites, and manufacturing facilities within the unincorporated
areas of Town of Sand Lake.
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 adjusted 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.
This article shall take effect in accordance with Municipal
Home Rule Law § 24, namely, 45 days after its adoption and
upon filing with the Secretary of State within 20 days after the time
period for filing a petition in accordance with Municipal Home Rule
Law § 24 has expired. In the event a valid petition protesting
against this article is filed within 45 days after its adoption, then
this article shall not be effective until approved by the affirmative
vote of a majority of the qualified electors of the Town of Sand Lake
voting on a proposition for its approval in accordance with Municipal
Home Rule Law § 24; now therefore