§ 131. Local opt-out; municipal control and preemption. 1. The\nlicensure and establishment of a retail dispensary license and/or\non-site consumption license under the provisions of article four of this\nchapter authorizing the retail sale of adult-use cannabis to cannabis\nconsumers shall not be applicable to a town, city or village which,\nafter the effective date of this chapter, and, on or before the later of\nDecember thirty-first, two thousand twenty-one or nine months after the\neffective date of this section, adopts a local law, subject to\npermissive referendum governed by section twenty-four of the municipal\nhome rule law, requesting the cannabis control board to prohibit the\nestablishment of such retail dispensary licenses and/or on-site\nconsumption licenses contained in article four of this chapter, within\nthe jurisdiction of the town, city or village. Provided, however, that\nany town law shall apply to the area of the town outside of any village\nwithin such town. No local law may be adopted after the later of\nDecember thirty-first, two thousand twenty-one or nine months after the\neffective date of this section prohibiting the establishment of retail\ndispensary licenses and/or on-site consumption licenses; provided,\nhowever, that a local law repealing such prohibition may be adopted\nafter such date.\n 2. Except as provided for in subdivision one of this section, all\ncounty, town, city and village governing bodies are hereby preempted\nfrom adopting any law, rule, ordinance, regulation or prohibition\npertaining to the operation or licensure of registered organizations,\nadult-use cannabis licenses or cannabinoid hemp licenses. However,\ntowns, cities and villages may pass local laws and regulations governing\nthe time, place and manner of the operation of licensed adult-use\ncannabis retail dispensaries and/or on-site consumption site, provided\nsuch law or regulation does not make the operation of such licensed\nretail dispensaries or on-site consumption sites unreasonably\nimpracticable as determined by the board.\n 3. (a) As used in this subdivision and for purposes of any local law\nadopted pursuant to it, the following terms shall have the following\nmeanings: "person" shall have the meaning provided for in subdivision\nforty-a of section three of this chapter; "unlicensed activity" shall\nrefer only to unlawfully selling cannabis, cannabis product, or any\nproduct marketed or labeled as such without obtaining the appropriate\nregistration, license, or permit therefor, or engaging in an indirect\nretail sale; "indirect retail sale" shall have the meaning provided for\nin subdivision forty-six-a of section three of this chapter, except that\nit shall not include cannabinoid hemp or hemp extract product; "place of\nbusiness" shall not include a residence or other real property not\notherwise held out as open to the public or otherwise being utilized in\na business or commercial manner, or any vehicle associated with the\nbusiness, unless probable cause exists to believe that such residence,\nreal property, or vehicle, is being used in such business or commercial\nmanner for the unlicensed activity.\n (b) Any county or city may adopt a local law authorizing an officer or\nagency to conduct regulatory inspections of any place of business\nlocated within the county or city, including a vehicle used for such\nbusiness, not listed on the directory maintained by the office pursuant\nto subdivision thirteen of section eleven of this chapter. Any such\nregulatory inspection shall only occur during the operating hours of a\nplace of business and be conducted for purposes of civil administrative\nenforcement with respect to premises lacking applicable registrations,\nlicenses or permits issued pursuant to this chapter, and in furtherance\nof its purposes, provided that nothing herein shall limit any\nenforcement action under law when illegal activity is observed or occurs\nduring such inspection.\n (c) A
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