HomeMy WebLinkAbout2021 - Local Law No. 2 of 2021 - Opt Out Of Cannabis Dispensaries and On-Site Consumption
1
TOWN OF CORTLANDVILLE
TOWN BOARD MEETING – AUGUST 18, 2021
FILED WITH THE STATE EFFECTIVE OCTOBER 19, 2021
RESOLUTION #233 ADOPT LOCAL LAW NO. 2 OF 2021, “A LOCAL LAW TO OPT
OUT OF ALLOWING CANNABIS RETAIL DISPENSARIES
AND ON-SITE CONSUMPTION SITES AS AUTHORIZED
UNDER CANNABIS LAW ARTICLE 4”
SUBJECT TO PERMISSIVE REFERENDUM
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: Supervisor Williams Aye
Councilman Cobb Aye
Councilman Guido Aye
Councilman Testa Aye
Councilman Withey Nay
ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a
public hearing to be held by said Board to hear all interested parties on a proposed local law, “A
Local Law to Opt Out of Allowing Cannabis Retail Dispensaries and On-Site Consumption Sites
as Authorized Under Cannabis Law Article 4”, and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official
newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577
Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof,
and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law
as Local Law No. 2 of 2021, amending the Code of the Town of Cortlandville to add legislation
to “Opt Out of Allowing Cannabis Retail Dispensaries and On-Site Consumption Sites as
Authorized Under Cannabis Law Article 4”, a copy of which is attached hereto and made a part
hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and
in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said
Local Law to the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
2
A local law to opt out of allowing cannabis retail dispensaries and on-site consumption sites
as authorized under Cannabis Law Article 4
Section 1. Legislative Intent
It is the intent of this local law to opt out of allowing cannabis retail dispensaries and on-site
cannabis consumption sites in the Town of Cortlandville that would otherwise be allowed under
Cannabis Law Article 4.
Section 2. Authority
This local law 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 of Cortlandville and is subject to a permissive referendum, the procedure of which is
governed by Municipal Home Rule Law § 24.
Section 3. Local Opt-Out
The Town Board of the Town of Cortlandville hereby opts out of allowing cannabis retail
dispensaries and on-site cannabis consumption sites from being established and operated within
the town’s jurisdiction.
Section 4. Severability
If any clause, sentence, paragraph, subdivision, or part of this Local Law 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 Local Law or in its application to th e person, individual,
firm or corporation or circumstance, directly involved in the controversy in which such judgment
or order shall be rendered.
Section 5. Permissive Referendum/Referendum on Petition
This local law is subject to a referendum on petition in accordance with Cannabis Law § 131 and
the procedure outlined in Municipal Home Rule Law § 24.
Section 6. Effective date
This local law shall take effect immediately upon filing with the Secretary of State.