Local Opting Out of Cannabis Retail
Dispensaries and
On-Site Consumption Sites
Local Law No. 1 of the year 2021
Town of Florence, County of Oneida
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 Florence 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 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 Florence
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 the 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 5. Effective date.
This local law shall take effect
immediately upon filing with the Secretary of State.
