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Charlie Fox cannabis store in Southampton challenges town’s cease-and-desist order

Charlie Fox cannabis store in Southampton challenges town's cease-and-desist order

Tony Southampton Pot Shops Face Town Orders

In Southampton, pot shops are refusing to comply with a town order, despite its implications for closure.

A clinic named Charlie Fox opened recently in Tuckahoe. Interestingly, the town claimed it hadn’t secured the necessary zoning and renovation approvals, prompting local code enforcement to act swiftly against it.

James Burke, the town’s lawyer, emphasized concern for safety, stating, “We don’t want people in unsafe buildings.” The store’s response indicated that it’s “not authorized to operate,” and now the town is pursuing a court order to shut it down permanently.

Burke mentioned that the store had received multiple warnings regarding violations. However, James Marios, co-founder of Charlie Fox, countered that town approval wasn’t necessary for the state-licensed shop to function. It’s a bit of a controversial stance, and, I guess, he feels his business is being singled out unfairly—a sentiment echoed by another clinic, Brown Buddha, which is also facing challenges trying to open.

“This isn’t about ‘fraudulent’ clinics,” Marios stated, asserting that it concerns the town obstructing legally approved businesses. He added that his store plans to stay open unless a judge intervenes.

Throughout the weekend, Charlie Fox remained steadfast in its operations.

Furthering his argument, Marios insisted that his shop is fully licensed by the state of New York, thus not requiring permission from Southampton. He also mentioned having submitted planning and traffic studies to the town, which he feels have been met with unnecessary delays from officials.

Interestingly, while the shop has a certificate of occupancy from 1984, Burke pointed out that only certain types of businesses were approved back then, implying that marijuana stores must secure new certificates for any renovations and zoning changes.

According to the state’s Cannabis Administration, Charlie Fox holds a valid license and meets all state requirements. However, local regulations must also be followed to ensure compliance. If Marios believes the local regulations are too stringent, he can seek an opinion from the state cannabis control board.

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