[Adopted 2-6-2023 by L.L. No. 1-2023]
This article shall be referred to as the "Local Law Imposing
a Temporary 12-Month Moratorium for Operating Retail Businesses Involving
the Transfer, Distribution or Sale of Cannabis within the Town of
Williamson."
For definitions, reference shall be made to the Marijuana Regulation
and Taxation Act (MRTA). As used in this article, the following terms
shall have the meanings indicated:
PERSON
An individual, firm, estate, partnership, company, corporation,
limited liability corporation, trustee, governmental subdivision or
other public or private entity.
UNLICENSED BUSINESS
A business that has not been issued a license by the Office
of Cannabis Management (OCM).
The lawful use of any premises on the effective date of this
article operated under a permit or license issued by the Town of Williamson
or other appropriate state or federal agency may be continued.
This article shall be enforced by the Code Enforcement Officer
of the Town of Williamson, Wayne County Sheriff, local law enforcement
agencies or such other zoning enforcement individual(s) as designated
by the Town Board. It shall be the duty of the enforcement individual(s)
to advise the Town Board of all matters pertaining to the enforcement
of this article and to keep all records necessary and appropriate
to the office and to file the same in the office of the Town Clerk.
In addition to the criminal penalties and other remedies set
forth in Town Law § 268, any person violating any of the
provisions of this article shall be guilty of an offense and upon
a conviction thereof, be given a civil penalty of no less than $1,500
and no more than $1,500 per day for the first violation; no less than
$7,500 and no more than $7,500 per day for the second violation; and
no less than $15,000 and no more than $15,000 per day for the third
and all subsequent violations. Each day's violation shall constitute
a separate and additional violation. An action may be commenced in
a court of competent jurisdiction to recover such penalty. In addition
thereto, violations of this article shall be subject to being restrained
by injunctive relief.
The Town Board finds, pursuant to 6 NYCRR 617.5(c)(30), that
the adoption of a moratorium of land development or construction is
a Type II action under the New York State Environmental Quality Review
Act (SEQR), which has been determined to not have a significant impact
on the environment.
This moratorium is enacted by the Town Board pursuant to its
authority to adopt local laws under Article IX of the New York State
Constitution and Municipal Home Rules Law § 10.
All laws inconsistent with any provision or provisions of this
article are hereby repealed.
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 when it is filed
in the office of the Secretary of State in accordance with § 27
of the Municipal Home Rule Law and shall remain in effect for 12 months
from the date of such filing.