[HISTORY: Adopted by the Town Board of the Town of Salina 12-28-2021 by L.L. No.
2-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 229, Marijuana
Opt-Out, but was renumbered and redesignated to fit into the organizational
structure of the Code.
It is the intent of this chapter to opt out of allowing on-site
cannabis consumption sites in the Town of Salina that would otherwise
be allowed under the Marijuana Regulation and Taxation Act (the "Cannabis
Law").
This chapter is adopted pursuant to Cannabis Law § 131,
which expressly authorizes the 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 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 Salina hereby opts out of allowing
on-site cannabis consumption sites to be established and operated
within the Town's jurisdiction.
If any clause, sentence, paragraph, subdivision, or part of
this chapter 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 chapter 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 chapter is subject to a referendum on petition in accordance
with Cannabis Law § 131 and the procedure outlined in Municipal
Home Rule Law § 24.
This chapter shall take effect on December 31, 2021.
