[HISTORY: Adopted by the Town Board of the Town of Naples as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-2-2021 by L.L. No. 4-2021]
It is the intent of this article to opt the Town of Naples out of hosting retail cannabis dispensaries and on-site cannabis consumption establishments within its geographic boundaries, outside the Village of Naples.
This article is adopted pursuant to New York State Cannabis Law § 131, which expressly authorizes Towns to opt out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments to locate and operate within its geographic boundaries, as well as the Municipal Home Rule Law (MHRL) of the State of New York, with the procedural provisions of the MHRL controlling.
In the event that a court of competent jurisdiction 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 proper petition or a referendum has been conducted as a result of the filing of a proper petition or upon action by the Town Board, approving this article.