§ 138-b. Orders to seal. 1. In addition to any other authority\nconferred in this chapter, pursuant to the provisions of this section,\nthe board or the office shall have the authority to issue an order to\nseal the building or premises of any business engaged in unlicensed\nactivity, when such activity is conducted, maintained, or permitted in\nsuch building or premises, occupied as a place of business as described\nin subdivision eight of section ten of this chapter, in violation of\nsubdivision one or one-a of section one hundred twenty-five or\nsubdivision one or eight of section one hundred thirty-two of this\narticle.\n 2. Any order to seal shall be served by delivery of the order to the\nowner of the business or other person of suitable age or discretion in\nactual or apparent control of the premises at the time of the inspection\nand shall be posted at the building or premises that have been sealed,\nsecured and closed. A copy of the order shall also be mailed to any\naddress for the owner of the business at any address provided by the\nperson to whom such order was delivered pursuant to this subdivision.\nThe order shall remain in effect pending a hearing and final\ndetermination of the board, or until such order is vacated by the office\npursuant to subdivision six of this section. An order to seal shall\nexplicitly state the procedure to request a hearing within seven days.\n 3. The office may issue an order to seal with an immediate effective\ndate if such order is based upon a finding by the office of an imminent\nthreat to the public health, safety, and welfare. In such cases a\nhearing shall be held within three business days of a request for such\nhearing, unless otherwise adjourned by agreement of the parties, and a\ndetermination shall be rendered within four business days of the\nconclusion of such hearing, provided that the respondent has submitted a\nverified statement that may be required pursuant to subdivision five of\nsection seventeen of this chapter. Failure of a respondent to appear at\nthe hearing will result in a default and order of sealing to remain in\neffect for up to one year unless otherwise vacated pursuant to the\nprovisions of this section.\n 4. Factors that determine an imminent threat to public health, safety,\nand welfare shall be limited to:\n (a) documented sales to minors;\n (b) unlicensed processing of cannabis products at the building or\npremises;\n (c) orders issued following an inspection wherein the person engaged\nin the unlicensed activity engaged in violent, tumultuous, or other\nbehaviors indicating expressed intent to not comply with the office's\norder to cease the unlicensed activity;\n (d) documented presence of unlawful firearms at the building or\npremises;\n (e) proximity of the building or premises to schools, houses of\nworship, or public youth facilities;\n (f) presence of products deemed unsafe based on reports of illness or\nhospitalization; or\n (g) sales of, or offers to sell, cannabis products not tested or\nlabeled lawfully in accordance with this chapter.\n 5. Notwithstanding the factors listed in subdivision four of this\nsection and the restriction set forth in paragraph (b) of subdivision\nsix of this section, the office may issue an order to seal with an\nimmediate effective date upon a second or subsequent inspection in which\nunlicensed activity is confirmed to be continuing more than ten calendar\ndays after a notice of violation and order to cease unlicensed activity\nwas previously issued by the office, provided that the office has also\nprovided notice pursuant to subparagraph (ii) of paragraph (a) of\nsubdivision thirteen of section one hundred thirty-eight-a of this\narticle.\n 6. An order to seal may be issued by the office or the board pursuant\nto subdivision three of this section only if: (a) no part of the\npremises to be sealed is used in part as a residence and pursuant to\nlocal law or ordinance is zoned and lawfully occupie
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