TOWN OF BOLTON NOTICE OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM LOCAL LAW #3 OF 2021 NOTICE IS HEREBY GIVEN that at a regular meeting held on the 7th day of September, 2021, the Town Board of the Town of Bolton, New York duly adopted a resolution which is subject to a permissive referendum pursuant to Town Law PROVIDING FOR a Local Law wherein the Town of Bolton shall “OPT OUT” of certain provisions of CHAPTER 7-A OF STATE STATUTE entitled CANNABIS LAW (also known as the NEW YORK MARIHUANA REGULATION AND TAXATION ACT, hereinafter “ACT”) BE IT ENACTED: That the State of New York having enacted CHAPTER 7-A of the New York State Consolidated Laws entitled CANNIBIS LAW and such legislation also being known as the New York Marihuana Regulation and Taxation Act (hereinafter “ACT”) and within such “ACT” it is authorized therein in ARTICLE 6 GENERAL PROVISIONS, Section 131 a provision for “Local Opt-Out; municipal control and pre-emption” and after a public hearing and upon due deliberation of the matter it is hereby determined by the Town Board that it is in the best interests of the community at large and within all areas of the Town of Bolton, Warren County that: a) The Town of Bolton to the fullest extent authorized by the “ACT” and as otherwise permitted by state law hereby “opts out” from the provisions of the “ACT” that would allow the licensure and establishment of a retail dispensary license and/or on site consumption license under provisions of ARTICLE FOUR of the ACT authorizing the retail sale of adult use cannabis to cannabis consumers and by virtue of this town wide “opt out” such licensing and attendant privileges of licensing as afforded by the “ACT” shall not be applicable to the Town of Bolton at any time after the effective date of the “ACT”. b) It is further provided that upon adoption of this Local Law that the New York State Cannabis Control Board shall prohibit in the Town of Bolton, Warren County, the establishment within the Town of Bolton, Warren County, New York all cannabis retail dispensary licenses and all on site cannabis consumption licenses as specified in ARTICLE FOUR of the ACT in all places within the geographical jurisdiction of the Town of Bolton, Warren County. Upon the adoption of this LOCAL LAW # 3 of 2021 by the Town Board such local legislation and the enactment hereof shall be subject to a permissive referendum as governed by state statute and in particular as provided in New York State Municipal Home Rule Law. Jodi Petteys Town Clerk Town of Bolton PUB: SEPTEMBER 11, 2021
