[HISTORY: Adopted by the Board of Trustees of the Village
of Brightwaters as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-4-2021 by L.L. No. 4-2021]
It is the intent of this article to opt the Incorporated Village
of Brightwaters out of hosting retail cannabis dispensaries and/or
on-site cannabis consumption establishments within its boundaries.
This article is adopted pursuant to Cannabis Law § 131,
which expressly authorizes cities and villages to opt-out of allowing
retail cannabis dispensaries and/or on-site cannabis consumption establishments
to locate and operate within their boundaries.
The Board of Trustees of the Incorporated Village of Brightwaters,
County of Suffolk, State of New York, hereby opts out of licensing
and establishing retail cannabis dispensaries and/or on site cannabis
consumption establishments within its boundaries.
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 upon filing with
the Secretary of State. Pursuant to Cannabis Law § 131,
this article is subject to a permissive referendum and thus may not
be filed with the Secretary of State until the applicable time period
has elapsed to file a petition or a referendum has been conducted
approving this article.
