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RESOLUTION AUTHORIZING ADOPTION BY THE TOWN BOARD OF LOCAL LAW E (PROPOSED REVISED) OF 2021, A LOCAL LAW ADOPTED PURSUANT TO NYS CANNABIS LAW § 131 OPTING OUT OF ALLOWING ON-SITE CANNABIS CONSUMPTION ESTABLISHMENTS WITHIN THE TOWN OF RED HOOK OUTSIDE OF ANY VILLAGE

↑Meetings/Resolutions/69-2021
Expiredformal_resolutionongoingThe Town Board adopts Local Law E (Proposed Revised) of 2021 to opt out of allowing on-site cannabis consumption establishments within the Town of Red Hook outside of any village, subject to a permissive referendum and applicable procedural requirements.
First seen
2021-10-27
Latest event
2021-10-27
adopted
Expires
2021-12-11

Resolution text

RESOLVED

  1. The Town Board hereby adopts said Local Law E (Proposed Revised) of 2021 entitled "A LOCAL LAW ADOPTED PURSUANT TO NYS CANNABIS LAW § 131 OPTING OUT OF ALLOWING ON-SITE CANNABIS CONSUPTION ESTABLISHMENTS WITHIN THE TOWN OF RED HOOK OUTSIDE OF ANY VILLAGE", in the form attached hereto and made a part of this resolution
  2. Pursuant to Cannabis Law § 131, such 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 such local law. Accordingly, the local law shall take effect forty-five (45) days after adoption, unless there shall be filed with the Town Clerk a petition protesting against such local law, signed and authenticated as required in Section 24 of the Municipal Home Rule Law, by the qualified electors of the Town registered to vote therein at the last preceding general election in number equal to at least ten percentum of the total number of votes cast for governor in the Town.
  3. Within ten days after the adoption of this resolution, the Town Clerk is hereby authorized and directed to cause to be published at least once in the in the Poughkeepsie Journal, being a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town, and to be posted on the sign board of the Town maintained pursuant to the Town Law, a notice which shall set forth the date of adoption of this resolution and contain an abstract thereof, concisely stating its purpose and effect and specifying that this resolution was adopted subject to a permissive referendum.
  4. Following the period of time for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed, or in the alternative following approval in a referendum duly called and held, the Town Clerk hereby is directed to enter said local law in the Town Code of the Town of Red Hook, to give due notice of the adoption of said local law to the Secretary of State of New York, including said local law in the order filed, and to take all other actions as may be required by law.
Show preamble — 16 WHEREAS clauses
  • WHEREAS, on March 31, 2021, the Governor signed into law the Marijuana Regulation and Taxation Act, Chapter 92 of the Laws of 2021 (the "Cannabis Law"), which, among other things, legalizes adult-use cannabis and authorizes the licensing and establishment of retail cannabis dispensaries and on-site cannabis consumption establishments, subject to the regulations and restrictions thereof
  • WHEREAS, pursuant to Section 131 of the Cannabis Law, local municipalities are authorized to opt out of the portion of the law authorizing such retail establishments and/or on-site cannabis consumption establishments within their jurisdiction by adoption of a local law subject to permissive referendum
  • WHEREAS, a proposed form of Local Law No. E (Proposed) of 2021 entitled "A LOCAL LAW ADOPTED PURSUANT TO NYS CANNABIS LAW § 131 OPTING OUT OF ALLOWING RETAIL CANNABIS DISPENSARIES AND ON-SITE CANNABIS CONSUMPTION ESTABLISHMENTS WITHIN THE TOWN OF RED HOOK OUTSIDE OF ANY VILLAGE" ("Proposed Local Law E") was submitted to the Town Board of the Town of Red Hook on September 22, 2021
  • WHEREAS, a resolution was adopted by the Town Board of the Town of Red Hook on September 22, 2021, setting a public hearing to be held by said Town Board on October 12, 2021 at 7:55 p.m., to hear all interested parties on said proposed local law
  • WHEREAS, notice of said public hearing was duly advertised in the Poughkeepsie Journal, the official newspaper of said Town, on September 29, 2021, which is not less than five days prior to the date of said public hearing
  • WHEREAS, on October 12, 2021, the Town Board held a public hearing regarding the Proposed Local Law E which would enact the determination of the Town of Red Hook to opt out of allowing retail cannabis dispensaries and on-site cannabis consumption establishments within its boundaries
  • WHEREAS, based on input at the public hearing and the Board's own study of the matter there has been proposed an amended form of local law, to be referred to as Local Law E (Proposed Revised Local Law) of 2021 to opt out of allowing on-site cannabis consumption establishments within its boundaries
  • WHEREAS, a proposed form of local law entitled "Local law No. E (Proposed Revised) of 2021; A local law adopted pursuant to NYS Cannabis Law § 131 opting out of allowing on-site cannabis consumption establishments within the Town of Red Hook outside of any village" was submitted to the Town Board of the Town of Red Hook on October 12, 2021
  • WHEREAS, a resolution was adopted by the Town Board of the Town of Red Hook on October 12, 2021, setting a public hearing to be held by said Town Board on October 27, 2021 at 7:35 p.m., to hear all interested parties on said Proposed Revised Local Law
  • WHEREAS, notice of said public hearing was duly advertised in the Poughkeepsie Journal, the official newspaper of said Town, on October 18, 2021, which is not less than five days prior to the date of said public hearing
  • WHEREAS, said public hearing was duly held on October 27, 2021 at said time and all parties were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof
  • WHEREAS, the Proposed Revised Local Law was referred to the Town of Red Hook Planning Board for its comments and a recommendation of consistency of said law with the Town's Local Waterfront Revitalization Program ("LWRP")
  • WHEREAS, the Planning Board responded on October 22, 2021, that the Proposed Revised Local Law is consistent with the LWRP
  • WHEREAS, the Town Board has reviewed an Environmental Assessment Form (EAF) and Coastal Assessment Form (CAF), in the forms on file with the Town Clerk, has determined to act as lead agency, has determined that the proposed action is an unlisted action, and there are no other involved agencies
  • WHEREAS, the Town Board has determined that the Proposed Revised Local Law is consistent with the Local Waterfront Revitalization Program
  • WHEREAS, the Town Board of the Town of Red hook, after due deliberation, finds it in the best interests of the Town to adopt said Proposed Revised Local Law, in the form attached hereto

Lifecycle (1 event)

2021-10-27adoptedvote: unanimous
Authorize adoption by the Town Board of Local Law E (Proposed Revised) of 2021, a local law opting out of allowing on-site cannabis consumption establishments within the Town of Red Hook outside of any village.
moved by McKeon · seconded by Hamel
Show text snapshot for this event
Resolved
  1. The Town Board hereby adopts said Local Law E (Proposed Revised) of 2021 entitled "A LOCAL LAW ADOPTED PURSUANT TO NYS CANNABIS LAW § 131 OPTING OUT OF ALLOWING ON-SITE CANNABIS CONSUPTION ESTABLISHMENTS WITHIN THE TOWN OF RED HOOK OUTSIDE OF ANY VILLAGE", in the form attached hereto and made a part of this resolution
  2. Pursuant to Cannabis Law § 131, such 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 such local law. Accordingly, the local law shall take effect forty-five (45) days after adoption, unless there shall be filed with the Town Clerk a petition protesting against such local law, signed and authenticated as required in Section 24 of the Municipal Home Rule Law, by the qualified electors of the Town registered to vote therein at the last preceding general election in number equal to at least ten percentum of the total number of votes cast for governor in the Town.
  3. Within ten days after the adoption of this resolution, the Town Clerk is hereby authorized and directed to cause to be published at least once in the in the Poughkeepsie Journal, being a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town, and to be posted on the sign board of the Town maintained pursuant to the Town Law, a notice which shall set forth the date of adoption of this resolution and contain an abstract thereof, concisely stating its purpose and effect and specifying that this resolution was adopted subject to a permissive referendum.
  4. Following the period of time for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed, or in the alternative following approval in a referendum duly called and held, the Town Clerk hereby is directed to enter said local law in the Town Code of the Town of Red Hook, to give due notice of the adoption of said local law to the Secretary of State of New York, including said local law in the order filed, and to take all other actions as may be required by law.
Whereas
  • WHEREAS, on March 31, 2021, the Governor signed into law the Marijuana Regulation and Taxation Act, Chapter 92 of the Laws of 2021 (the "Cannabis Law"), which, among other things, legalizes adult-use cannabis and authorizes the licensing and establishment of retail cannabis dispensaries and on-site cannabis consumption establishments, subject to the regulations and restrictions thereof
  • WHEREAS, pursuant to Section 131 of the Cannabis Law, local municipalities are authorized to opt out of the portion of the law authorizing such retail establishments and/or on-site cannabis consumption establishments within their jurisdiction by adoption of a local law subject to permissive referendum
  • WHEREAS, a proposed form of Local Law No. E (Proposed) of 2021 entitled "A LOCAL LAW ADOPTED PURSUANT TO NYS CANNABIS LAW § 131 OPTING OUT OF ALLOWING RETAIL CANNABIS DISPENSARIES AND ON-SITE CANNABIS CONSUMPTION ESTABLISHMENTS WITHIN THE TOWN OF RED HOOK OUTSIDE OF ANY VILLAGE" ("Proposed Local Law E") was submitted to the Town Board of the Town of Red Hook on September 22, 2021
  • WHEREAS, a resolution was adopted by the Town Board of the Town of Red Hook on September 22, 2021, setting a public hearing to be held by said Town Board on October 12, 2021 at 7:55 p.m., to hear all interested parties on said proposed local law
  • WHEREAS, notice of said public hearing was duly advertised in the Poughkeepsie Journal, the official newspaper of said Town, on September 29, 2021, which is not less than five days prior to the date of said public hearing
  • WHEREAS, on October 12, 2021, the Town Board held a public hearing regarding the Proposed Local Law E which would enact the determination of the Town of Red Hook to opt out of allowing retail cannabis dispensaries and on-site cannabis consumption establishments within its boundaries
  • WHEREAS, based on input at the public hearing and the Board's own study of the matter there has been proposed an amended form of local law, to be referred to as Local Law E (Proposed Revised Local Law) of 2021 to opt out of allowing on-site cannabis consumption establishments within its boundaries
  • WHEREAS, a proposed form of local law entitled "Local law No. E (Proposed Revised) of 2021; A local law adopted pursuant to NYS Cannabis Law § 131 opting out of allowing on-site cannabis consumption establishments within the Town of Red Hook outside of any village" was submitted to the Town Board of the Town of Red Hook on October 12, 2021
  • WHEREAS, a resolution was adopted by the Town Board of the Town of Red Hook on October 12, 2021, setting a public hearing to be held by said Town Board on October 27, 2021 at 7:35 p.m., to hear all interested parties on said Proposed Revised Local Law
  • WHEREAS, notice of said public hearing was duly advertised in the Poughkeepsie Journal, the official newspaper of said Town, on October 18, 2021, which is not less than five days prior to the date of said public hearing
  • WHEREAS, said public hearing was duly held on October 27, 2021 at said time and all parties were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof
  • WHEREAS, the Proposed Revised Local Law was referred to the Town of Red Hook Planning Board for its comments and a recommendation of consistency of said law with the Town's Local Waterfront Revitalization Program ("LWRP")
  • WHEREAS, the Planning Board responded on October 22, 2021, that the Proposed Revised Local Law is consistent with the LWRP
  • WHEREAS, the Town Board has reviewed an Environmental Assessment Form (EAF) and Coastal Assessment Form (CAF), in the forms on file with the Town Clerk, has determined to act as lead agency, has determined that the proposed action is an unlisted action, and there are no other involved agencies
  • WHEREAS, the Town Board has determined that the Proposed Revised Local Law is consistent with the Local Waterfront Revitalization Program
  • WHEREAS, the Town Board of the Town of Red hook, after due deliberation, finds it in the best interests of the Town to adopt said Proposed Revised Local Law, in the form attached hereto
Subject key: cannabis_local_law_e_adoption