TOWN OF RIVERHEAD
PUBLIC NOTICE
PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York on the 15th day of June, 2021 at 6:05 p.m. to consider a proposed local law entitled, “OPT OUT OF ALLOWING CANNABIS RETAIL DISPENSARIES AND ON-SITE CONSUMPTION SITES IN THE TOWN OF RIVERHEAD AS AUTHORIZED UNDER CANNABIS LAW ARTICLE 4”.
Town of Riverhead
Local Law No. of 2021
OPT OUT OF ALLOWING CANNABIS RETAIL DISPENSARIES AND ON-SITE CONSUMPTION SITES IN THE TOWN OF RIVERHEAD AS AUTHORIZED UNDER CANNABIS LAW ARTICLE 4
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 Riverhead 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 of Riverhead 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 Riverhead hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established and operated within the jurisdiction of the Town of Riverhead.
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 be subject to permissive referendum and shall not become operative or effective unless and until 45 days have elapsed after its adoption and no petition protesting against this Local Law has been filed with the Town 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.
Dated: Riverhead, New York
June 2, 2021
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk