Village Of Pleasantville: Public Notice- Adoption Of Local Law To Opt-Out Of Adult-Use Retail Cannabis Dispensaries And Adult-Use On-Sit ...

Press release from the Village of Pleasantville:

November 23, 2021 - 9:02am

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN, that the Board of Trustees of the Village of Pleasantville adopted a local law to Opt-Out of Allowing Adult-Use Retail Cannabis Dispensaries and Adult-Use On-Site Cannabis Consumption Establishments in the Village of Pleasantville as authorized Under Cannabis Law Article 4 at its regular meeting held on November 22, 2021. This Local Law is subject to a referendum on petition in accordance with New York State Cannabis Law § 131 and the procedures outlined in Article Nine of Village Law.BE IT ENACTED by the Village Board of Trustees of the Village of Pleasantville as follows:

PROPOSED LOCAL LAW PURSUANT TO NEW YORK STATE CANNABIS LAW § 131 OPTING OUT OF LICENSING AND ESTABLISHING ADULT-USE RETAIL CANNABIS DISPENSARIES AND ADULT-USE ON-SITE CANNABIS CONSUMPTION ESTABLISHMENTS WITHIN THE VILLAGE OF Pleasantville 

Section 1. Legislative Intent

It is the intent of this Local Law to opt the Village of Pleasantville out of having  adult-use retail cannabis dispensaries and on-site cannabis consumption establishments licensed to operate or established within the Village of Pleasantville.

Section 2.  Authority

This Local Law is adopted pursuant to New York State Cannabis Law § 131 which expressly authorizes villages to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of retail dispensary licenses and and/or on-site  consumption licenses within the jurisdiction of the Village. This Local Law is subject to a permissive referendum/referendum on petition pursuant to Municipal Home Rule Law § 24 and Article Nine of the Village Law.

Section 3.  Local Adult-Use Retail Dispensary and Adult-Use On-Site Consumption Establishment Opt-Out

1. The Board of Trustees of the Village of Pleasantville, County of Westchester hereby opts out of having adult-use retail cannabis dispensaries and on-site cannabis consumption establishments licensed or established within the Village of Pleasantville.
2. In accordance with the New York State Cannabis Law § 131(1), the Village of Pleasantville hereby requests the Cannabis Control Board to prohibit the establishment of adult-use retail dispensary licenses and adult-use on-site consumption licenses contained in Article Four of the New York State Cannabis Law (Chapter 7-A of the Consolidated Laws) within the jurisdiction of the Village of Pleasantville, Westchester County, New York.

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 New York State Cannabis Law § 131 and the procedures outlined in Municipal Home Rule Law § 24 and Article Nine of Village Law and thus may not be filed with the Secretary of State until the applicable time period has elapsed to file a petition or a referenced has been conducted approving this local law. 

Section 6.  Effective date.

This Local Law shall be subject to permissive referendum and shall not become operative or effective unless and until 30 days have elapsed after its adoption and no petition protesting against this Local Law has been filed with the Village Clerk or, if such a petition is filed, a proposition for the approval of this Local Law has been submitted and received the affirmative vote of a majority of the voters voting thereon. If no petition is timely filed or if a petition is filed and this Local Law is approved, it shall take effect upon filing by the office of the New York Secretary of State.

This press release was produced by the Village of Pleasantville. The views expressed here are the author’s own.