RESOLUTION OF ADOPTION OF A LOCAL LAW ADOPTED PURSUANT TO NEW YORK CANNABIS LAW §131 OPTING OUT OF LICENSING AND ESTABLISHING RETAIL CANNABIS DISPENSARIES AND ON-SITE CANNABIS CONSUMPTION ESTABLISHMENTS IN THE VILLAGE OF DERING HARBOR 

WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a local law adopted pursuant to New York Cannabis Law §131 opting out of licensing and establishing retail cannabis dispensaries and on-site cannabis consumption establishments in the Village of Dering Harbor; and

WHEREAS, a public hearing was held on November 13, 2021; and

WHEREAS, the adoption of said local law is considered to be a Type II action under 6 NYCRR §617.5(c), SEQRA and will not have a significant adverse impact upon the environment;

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 4 of 2021 is hereby adopted as follows:

LOCAL LAW NO. 4 OF 2021

A LOCAL LAW A Local Law adopted pursuant to New York Cannabis Law §131 opting out of licensing and establishing retail cannabis dispensaries and on-site cannabis consumption establishments in the Village of Dering Harbor. 

BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:

SECTION 1. LEGISLATIVE INTENT.  It is the intent of this local law to opt the Village of Dering Harbor out of hosting retail cannabis dispensaries and on-site cannabis consumption establishments within its boundaries.

SECTION 2. LOCAL CANNABIS RETAIL DISPENSARY AND ON-SITE CONSUMPTION OPT-OUT.  The Board of Trustees of the Village of Dering Harbor, Town of Shelter Island, County of Suffolk, hereby opts-out of licensing and establishing cannabis retail dispensaries and cannabis on-site consumption establishments within the boundaries of the Village of Dering Harbor.

SECTION 3. AUTHORITY.  This local law is enacted pursuant to New York Cannabis Law § 131, which expressly authorizes cities and villages to opt-out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments to locate and operate within their boundaries.

SECTION 4. SEVERABILITY.  If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE.  This local law shall take effect immediately upon filing with the Secretary of State.  Pursuant to New York Cannabis Law § 131, this local law is subject to a permissive referendum and thus may not be filed with the Secretary of State until the applicable time period has elapsed to file a petition or, if such a petition is validly filed, a referendum has been conducted approving this local law.

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Adoption:

NOTICE OF ADOPTION

SUBJECT TO A PERMISSIVE REFERENDUM

PLEASE TAKE NOTICE that after public hearing was held on November 13, 2021, the Board of Trustees of the Village of Dering Harbor at their meeting of November 13, 2021 adopted LOCAL LAW NO. 4 OF 2021 as follows:  “Local Law adopted pursuant to New York Cannabis Law §131 opting out of licensing and establishing retail cannabis dispensaries and on-site cannabis consumption establishments in the Village of Dering Harbor.”

PLEASE TAKE FURTHER NOTICE, that this local law is subject to a permissive referendum pursuant to the provisions of Article 9 of the New York Village Law.

Copies of the adopted law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Monday, Wednesday and Friday from 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.

BY ORDER OF THE BOARD OF TRUSTEES

                                                VILLAGE OF DERING HARBOR, NEW YORK