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Notice is hereby given that a public hearing will be held by the Village Board of Trustees of the Village of Falconer, New York, on September 13, 2021, at 7:00 p.m. in the Firemen’s Exempt Hall, 2 Coleson Drive, Falconer, NY, for Proposed Local Law #2-2021, with respect to the following matter:
Proposed Local Law No. 2 of 2021
A proposed local law 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 Falconer.
Section 1. Legislative Intent
It is the intent of this local law to opt the Village of Falconer 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 the Village of Falconer 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 Retail Dispensary and/or On-Site Consumption Opt-Out
The Board of Trustees of the Village of Falconer, County of Chautauqua, hereby opts-out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments from locating and operating within the boundaries of the Village of Falconer.
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 forty-five (45) day (October 28, 2021) 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 (No. 2-2021).
By order of the Board of Trustees of the Village of Falconer, New York.
Dated: August 27, 2021
Anna L. Fales, Village Clerk
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