HomeMy Public PortalAbout2021.11.09 Public Hearing Packet
11-9-2021
PUBLIC HEARING
NOVEMBER 9, 2021
7:35 PM
AGENDA
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC HEARING: UPON THE MATTER OF A PROPOSED LOCAL LAW OPTING
11PH2021-1 OUT OF ALLOWING RETAIL DISPENSARY LICENSES AND CANNABIS ON-
SITE CONSUMPTION LICENSES IN THE TOWN OF IRONDEQUOIT
***REGULAR TOWN BOARD MEETING…NOVEMBER 16, 2021 @ 7 pm***
TO ADOPT 2022 BUDGET
Resolution No. 2021- __________
EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING
A LOCAL LAW OPTING OUT OF ALLOWING RETAIL DISPENSARY
LICENSES AND CANNABIS ON-SITE CONSUMPTION LICENSES IN THE
TOWN OF IRONDEQUOIT
At the special meeting of the Town Board of the Town of Irondequoit, Monroe County,
New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the
9th day of November, 2021, at 7:35 P.M. local time, there were
PRESENT:
Patrina Freeman Town Board Member
John Perticone Town Board Member
Kimie Romeo Town Board Member
Peter Wehner Town Board Member
Harter Secrest & Emery LLP Attorney for the Town
Town Board Member _____________________offered the following resolution and
moved its adoption:
WHEREAS, at a regular meeting of the Town Board, Town Board Member Romeo
introduced a proposed local law relating to opting out of allowing retail dispensary licenses
and/or cannabis on-site consumption licenses in the Town of Irondequoit, and the proposed
local law is attached hereto as Exhibit A; and
WHEREAS, on March 31, 2021, the State of New York enacted the Marihuana Regulation
and Taxation Act (the “Cannabis Law”), establishing the Cannabis Control Board and the
Office of Cannabis Management to, among other things, provide retail dispensary licenses
and/or on-site consumption licenses to businesses selling cannabis and/or allowing on-site
consumption of cannabis; and
WHEREAS, Section 131 of the Cannabis Law authorizes municipalities to adopt a local
law requesting the Cannabis Control Board to prohibit within the municipality the
establishment of retail dispensary licenses and/or on-site consumption licenses, provided
that such local law be subject to permissive referendum and adopted by December 31,
2021; and
WHEREAS, on November 9, 2021, the Town Board conducted a public hearing
concerning whether to opt-out of retail dispensary licenses and/or on-site consumption
licenses, and received oral and written testimony from those who wished to be heard; and
WHEREAS, cannabis contains tetrahydrocannabinol (“THC”), a psychoactive chemical
that when consumed may cause impairment, degrading cognition and motor skills, and
therefore may impair a person’s ability to safely operate a motor vehicle; and
WHEREAS, the retail sale and on-site consumption of cannabis at businesses risks
concentrating cannabis use, increasing the risk of THC impaired driving and creating a risk
of motor vehicle and other accidents; and
WHEREAS, the retail sale and on-site consumption of cannabis at businesses risks other
negative effects, including public intoxication and increased visibility and availability of
cannabis to children and teenagers, who are uniquely susceptible to the negative effects of
THC and are at increased risk of depression, anxiety, and other effects; and
WHEREAS, recreational at-home adult use of cannabis will remain legal under the
Cannabis Law, and therefore disallowing retail sales of cannabis and on-site consumption
at businesses within the Town preserves the goals of the New York State Legislature in
enacting the Cannabis Law while minimizing the negative effects risked by on-site
consumption at local businesses; and
WHEREAS, the Town Board determines that it is in the best interests of the Town and its
residents to disallow retail sales of cannabis and on-site consumption licenses of cannabis
within the Town; and
WHEREAS, the Town Board determines that the matters contemplated herein, the
adoption of a local law prohibiting retail sales of cannabis and on-site consumption licenses
within the Town, is not subject to the State Environmental Quality Review Act (“SEQRA”)
and accompanying regulations, see 6 N.Y.C.R.R. § 617.2 (b)(3), and therefore the
requirements of SEQRA have been satisfied.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts the local law
annexed hereto, opting out of allowing retail dispensary licenses and cannabis on-site
consumption licenses in the Town of Irondequoit.
AND, THEREFORE, BE IT FURTHER RESOLVED, that this resolution shall be
subject to permissive referendum in accordance with Municipal Home Rule Law Section
24. The Town Clerk shall, within ten (10) days of the adoption of this resolution, post and
publish a notice which shall set forth the date of the adoption of the resolution and contain
an abstract of such resolution concisely stating its purpose and effect, and said notice shall
specify that the resolution was adopted subject to a permissive referendum.
This resolution shall take effect immediately upon its adoption.
Seconded by the Town Board Member ______________________________ and duly put
to vote, which resulted as follows:
Town Board Member Wehner voting _______
Town Board Member Perticone voting _______
Town Board Member Romeo voting _______
Town Board Member Freeman voting _______
EXHIBIT A
(LOCAL LAW)
LOCAL LAW NO. ___ OF 2021
OPTING OUT OF ALLOWING RETAIL DISPENSARY LICENSES AND
CANNABIS ON-SITE CONSUMPTION LICENSES IN THE TOWN OF
IRONDEQUOIT
Be it enacted by the Town Board of the Town of Irondequoit as follows:
Section 1. Legislative Purpose, Intent, and Findings
It is the intent of this local law to request the New York Cannabis Control Board to prohibit
the establishment of retail dispensary licenses and/or cannabis on-site consumption
licenses within the Town of Irondequoit, as set forth in Article Four of the New York
Marihuana Regulation and Taxation Act.
The Town Board finds that cannabis contains tetrahydrocannabinol (“THC”), a
psychoactive chemical that when consumed may cause impairment, degrading cognition
and motor skills, and therefore may impair a person’s ability to safely operate a motor
vehicle. The retail sale and on-site consumption of cannabis at businesses in the Town
risks concentrating cannabis use, increasing the risk of THC impaired driving and creating
a risk of motor vehicle and other accidents. Moreover, the retail sale of cannabis and on-
site consumption of cannabis at businesses in the Town risks other negative effects,
including public intoxication and increased visibility and availability of cannabis to
children and teenagers, who are uniquely susceptible to the negative effects of THC and
are at increased risk of depression, anxiety, and other effects. Moreover, recreational at-
home adult use cannabis will remain legal under the Cannabis Law, and therefore
disallowing retail sales of cannabis and on-site consumption at businesses within the Town
preserves the goals of the New York State Legislature in enacting the Cannabis Law while
minimizing the negative effects risked by on-site consumption at local businesses.
Therefore, it is in the best interests of the Town of Irondequoit and its residents to disallow
retail sales of cannabis within the Town and the on-site consumption of cannabis in
businesses within the Town.
Section 2. Authority
This local law is adopted pursuant to Section 131 of the New York Marihuana Regulation
and Taxation Act, which expressly authorizes the Town Board to adopt a local law
requesting the Cannabis Control Board to prohibit the establishment of retail dispensary
licenses and on-site cannabis consumption licenses within the Town and is subject to a
permissive referendum, the procedure of which is governed by Municipal Home Rule Law
Section 24.
Section 3. Local Opt-Out
The Town Board of the Town of Irondequoit hereby requests the Cannabis Control Board
to prohibit the establishment of retail dispensary licenses on-site cannabis consumption .
Section 4. Permissive Referendum/Referendum on Petition
This local law is subject to a permissive referendum/referendum on petition in accordance
with Section 131 of the New York Marihuana Regulation and Taxation Act and the
procedure outlined in Municipal Home Rule Law Section 24.
Section 5. Severability
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause,
provision, or phrase of the aforementioned sections, as declared by the valid judgment of
any court of competent jurisdiction to be unconstitutional, shall not affect the validity or
enforceability of any other section, subsection, paragraph, sentence, clause, provision, or
phrase, which shall remain in full force and effect.
Section 6. Effective Date
This local law shall be effective upon filing with the Secretary of State of New York, as
required by the Municipal Home Rule Law.