The Town Board of the Town of New Baltimore hereby schedules a public hearing regarding proposed Local Law No. 2 of 2021 of the Town of New Baltimore to opt-out of the licensing of on-site cannabis consumption sites pursuant to the Marihuana Regulation and Taxation Act and subject to a permissive referendum pursuant to New York State Cannabis Law §131 and the procedure outlined in New York Municipal Home Rule Law §24.

SECTION 1. Legislative Intent
It is the intent of this law to opt the Town of New Baltimore out of hosting on-site cannabis consumption establishments within its boundaries.

SECTION 2. Authority
This local law is adopted pursuant to the terms of the Marihuana Regulation and Taxation Act and specifically Cannabis Law §131, which expressly authorizes cities, towns 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 3. Local Cannabis On-Site Consumption Opt-Out
The Town Board of the Town of New Baltimore, County of Greene, hereby opts-out of licensing and establishing cannabis on-site consumption establishment within its boundaries.

SECTION 4. Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, 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. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State. Pursuant to the Marijuana Regulation and Taxation Act and 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 a referendum has been conducted approving this local law.