Legal Notice of Adoption of Local Law Subject to Permissive Referendum

            PLEASE TAKE NOTICE that the Board of Trustees of the Village of South Floral Park, at a regular meeting held on October 7, 2021, duly adopted a resolution, subject to permissive referendum, that would enact as a Local Law 5 of 2021, A local law adopted pursuant to Cannabis Law § 131 opting out of licensing and establishing retail cannabis dispensaries and/or on-site cannabis consumption establishments within the Village of South Floral Park, as follows:

Section 1. Legislative Intent.  It is the intent of this local law that the Village of South Floral Park opt out of hosting retail cannabis dispensaries and/or on-site cannabis consumption establishments within its boundaries.

Section 2.  Authority.  This local law is adopted pursuant to Cannabis Law § 131, which expressly authorizes a village to opt out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments to locate and operate within its boundaries.

Section 3.  Local Cannabis Retail Dispensary and/or On-Site Consumption Opt-Out.  The Board of Trustees of the Village of South Floral Park hereby amends Part I, “Administrative Legislation,” of the Code of the Village of South Floral Park, by adding thereto immediately following the end of Section 52-5 thereof, a new Chapter 56, “Local Cannabis Retail Dispensary and/or On-Site Consumption Opt-Out,” to read in its entirety as follows:

‘Chapter 56: Local Cannabis Retail Dispensary and/or On-Site Consumption Opt-Out

Section 56-1.  It is the intent of this local law that the Village of South Floral Park opt out of hosting retail cannabis dispensaries and/or on-site cannabis consumption establishments within its boundaries.  This local law is adopted pursuant to New York State Cannabis Law § 131, which expressly authorizes a village to opt out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments to locate and operate within its boundaries.

Section 56-2.  The Village of South Floral Park opts out of licensing and establishing cannabis retail dispensaries and/or cannabis on-site consumption establishments 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 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.”

Pursuant to NYS Cannabis Law § 131, this action by the Board of Trustees is subject to permissive referendum governed by NYS Municipal Home Rule Law § 24.

Dated:  South Floral Park, New York  

By Order of the Board of Trustees of the Village of South Floral Park

October 7, 2021

Mary Long, Village Clerk-Treasurer