HomeMy WebLinkAbout2021_12_14_Local_Law_No_14 Local Law No. 14- 2021
This local law shall be known as the "Opt-out from the licensure and establishment of a retail
dispensary license and/or on-site consumption license authorizing the retail sale of adult-use
cannabis to cannabis consumers under the provisions of article four of the New York State
Cannabis Law in the unincorporated area of the Town of Mamaroneck" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
Section 131 of the Cannabis Law allows local governments to opt out of the provisions of the
Cannabis Law insofar as that law allows the licensing and the establishment of retail dispensaries
and/or places for the on-site consumption of cannabis products. A local law, passed before
December 31, 2021, is required in order for a local government to opt out. Failure to pass such a
local law on or before December 31, 2021 means that such local government cannot opt out of the
Cannabis Law. However, a local government that properly opts out of the Cannabis Law can
"opt-into" that law after December 31, 2021.
The Town Board finds that it is in the best interests of the Town to opt out of the Cannabis Law so
that it can monitor the effect of the retail sale of adult-use cannabis to cannabis consumers and of
places authorized to allow the on-site consumption of cannabis by cannabis consumers in other
communities within Westchester County and beyond.
Section 2-Addition of a new chapter to the Mamaroneck Code:
The Code of the Town of Mamaroneck is amended by adding the following new Chapter 68
thereto.
Article 68
Cannabis
§ 68-1 Title.
This law shall be known as the opt-out from the licensure and establishment of a retail dispensary
license and/or on-site consumption license authorizing the retail sale of adult-use cannabis to
cannabis consumers under the provisions of article four of Cannabis Law of the State of New
York.
§ 68-2 Legislative intent and authority for this chapter.
Section 131 of the Cannabis Law allows local governments to opt out of the provisions of the
Cannabis Law insofar as that law allows the licensing and the establishment of retail dispensaries
and/or places for the on-site consumption of cannabis products. A local law, passed before
December 31, 2021, is required in order for a local government to opt out. Failure to pass such a
local law on or before December 31, 2021 means that such local government cannot opt out of the
Cannabis Law. However, a local government that properly opts out of the Cannabis Law can
"opt-into" that law after December 31, 2021.
The Town Board finds that it is in the best interests of the Town to opt out of the Cannabis Law so
that it can monitor the effect of the retail sale of adult-use cannabis to cannabis consumers and of
places authorized to allow the on-site consumption of cannabis by cannabis consumers in other
communities within Westchester County and beyond.
§ 68-3 Opt-out.
A. The Town hereby requests the cannabis control board to prohibit within the
unincorporated area of the Town the establishment of retail dispensary licenses or on-site
consumption licenses pursuant to article four of the Cannabis Law.
B. The Town opts out of having retail dispensaries of cannabis and/or places for the on-site
consumption of cannabis located within the unincorporated area of the Town.
§ 68-4 Permissive referendum.
This local law is subject to a permissive referendum governed by section twenty-four of the
Municipal Home Rule Law of the State of New York.
Section 3-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4-Effective Date:
This Local Law shall become effective upon the later of the forty-fifth day following its adoption
or the day that it is filed with the Secretary of State.