Notice of 30 Day Referendum
Local Law 2-2021
Please Take Notice that the Town Alabama Town Board at its Nov. 22, 2021 Board Meeting has adopted the Town of Alabama Local Law opting out of Adult Use Cannabis Retail Dispensaries and On-Site Consumption Sites, Local Law No 2 of the year 2021. The Text of the Law is as follows:
A local law to opt out of allowing cannabis retail dispensaries and on-site consumption sites as authorized under Cannabis Law Article 4.
Be it enacted by the Town of Alabama; County of Genesee as follows:
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 Alabama 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 Alabama 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 6. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State.
Whereas, this Local Law is subject to a 30 day Permissive Referendum. Petitions may be filed in the Office of the Town Clerk, 2218 Judge Road, Oakfield, NY 14125.
By Order of the Town Board,
Rebecca Borkholder, Town Clerk
Dated: Nov. 23, 2021