Charlie Fox pot shop in Southampton defies town’s cease-and-desist order

A pot shop in tony Southampton is refusing to shut down even after being hit with a cease-and-desist order from the town.

The dispensary, named Charlie Fox, opened Tuesday in Tuckahoe — and was immediately cited by local code-enforcement officers for allegedly not securing the zoning and renovation-work approvals it needed from the town to open.

“We don’t want people in an unsafe building,” said Town Attorney James Burke, claiming the store is “not permitted to operate” and that the town is now seeking a court injunction to close it down permanently.

He said the shop was issued multiple warnings over its violations.

But Charlie Fox co-founder James Mallios insisted that no town approvals are needed for the state-licensed shop to operate.

He said instead that the business is being unfairly targeted by the town — an allegation similar to the one made by Brown Budda, another Southampton dispensary fighting to open its doors.

“This isn’t about a ‘rogue’ dispensary — it’s about a licensed business being blocked in defiance of state law,” Mallios told Newsday, adding that his store will remain open unless forced to be closed by a judge.

Charlie Fox defiantly continued to operate throughout the weekend.

“We’re fully licensed by New York state and need no permission from Southampton to open,” Mallios said.

He said his business has already submitted plans and traffic studies as part of a good-faith effort with the town but has been “slow-rolled” by officials.

He said the shop has a certificate of occupancy, although he was only able to provide one dated in 1984 for “Sweeney’s Auto & Marine Upholstery,” and Burke said it was invalid for the cannabis shop since renovations and a zoning change-of-use situation require businesses to obtain a new certificate.

The state’s Office of Cannabis Management confirmed that Charlie Fox holds a valid license and has met all state requirements — but stressed that dispensaries must also follow local rules to operate and stay in compliance.

She added that if owners including Mallios believe municipal regulations are overly burdensome, they can seek a ruling from the state Cannabis Control Board.