[HISTORY: Adopted by the Board of Trustees of the Village
of Kinderhook as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-8-2021 by L.L. No. 1-2021]
It is the intent of the Village of Kinderhook to opt out of
allowing on-site cannabis consumption sites in the Village of Kinderhook
that would otherwise be allowed under the New York State Marijuana
Regulation and Taxation Act.
This article is adopted pursuant to New York State Marijuana
Regulation and Taxation Act, Section 131,[1] which expressly authorizes the Village Board of Trustees
to adopt a local law requesting the Cannabis Control Board to prohibit
the establishment of on-site consumption licenses within the jurisdiction
of the Village. This article is subject to a permissive referendum/referendum
on petition pursuant to Municipal Home Rule Law § 24.[2]
The Village Board of Trustees hereby opts out of allowing on-site
cannabis consumption sites from being established and operated within
the Village's jurisdiction. In accordance with the New York State
Marijuana Regulation and Taxation Act, Section 131(1),[1] the Village Board requests the Cannabis Control Board
to prohibit the establishment of on-site consumption licenses contained
in Article 4 of the New York State Marijuana Regulation and Taxation
Act within the jurisdiction of the Village of Kinderhook.
[1]
Editor's Note: See § 131, Subdivision 1, of the
Cannabis Law.
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 New York State Marijuana Regulation and Taxation Act, Section
131,[1] and the procedure outlined in Municipal Home Rule Law
§ 24.
[1]
Editor's Note: See § 131 of the Cannabis Law.
This article shall take effect immediately upon filing with
the Secretary of State.
