New York CAN Code § 72

Adult-use retail dispensary license
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§ 72. Adult-use retail dispensary license. 1. A retail dispensary\nlicense shall authorize the acquisition, possession, sale and delivery\nof cannabis from the licensed premises of the retail dispensary by such\nlicensee to cannabis consumers.\n  2. No person may have a direct or indirect financial or controlling\ninterest in more than three adult-use retail dispensary licenses issued\npursuant to this chapter.\n  3. No person holding a retail dispensary license may also hold an\nadult-use cultivation, processor, microbusiness, cooperative or\ndistributor license pursuant to this article or be registered as a\nregistered organization pursuant to article three of this chapter,\nexcept for such organizations licensed pursuant to sections\nsixty-eight-a and sixty-eight-b of this article.\n  4. No retail license shall be granted for any premises, unless the\napplicant shall be the owner thereof, or shall be able to demonstrate\npossession of the premises within thirty days of final approval of the\nlicense through a lease, management agreement or other agreement giving\nthe applicant control over the premises, in writing, for a term not less\nthan the license period.\n  5. With the exception of delivery or microbusiness licensees, no\npremises shall be licensed to sell cannabis products, unless said\npremises shall be located in a store, the principal entrance to which\nshall be from the street level and located on a public thoroughfare in\npremises which may be occupied, operated or conducted for business,\ntrade or industry.\n  6. (a) No premises with a license issued pursuant to this section, or\nsection sixty-eight-a of this article, or section seventy-three of this\narticle that allows for the retail sale of adult-use cannabis, shall be\nlocated on the same street and within five hundred feet of a building\ncontaining a school.\n  (b) No premises with a license issued pursuant to this section, or\nsection sixty-eight-a of this article, or section seventy-three of this\narticle that allows for the retail sale of adult-use cannabis, shall be\nlocated on the same street and within two hundred feet of a building\nexclusively occupied as a house of worship.\n  (c) The measurements in paragraphs (a) and (b) of this subdivision are\nto be taken in straight lines from the center of the nearest entrance of\nthe premises sought to be licensed to the center of the nearest entrance\nof such school or house of worship.\n  (d) For purposes of this subdivision: (i) The word "entrance" shall\nmean: (A) a door of a school regularly used to give ingress to students\nof the school; (B) a door of a house of worship regularly used to give\ningress to the general public attending the house of worship; or (C) a\ndoor of the premises sought to be licensed regularly used to give\ningress to customers of such premises.\n  (ii) A door which has no exterior hardware, or which is used solely as\nan emergency or fire exit, or for maintenance or delivery purposes, or\nwhich leads directly to a part of a building not regularly used by\nstudents of the school, the general public attending the house of\nworship, or customers of the premises sought to be licensed, is not\ndeemed an "entrance".\n  (iii) If the school, house of worship or premises sought to be\nlicensed is set back from a public thoroughfare, the walkway or stairs\nleading to any such door shall be deemed an entrance; and the\nmeasurement shall be taken to the center of the walkway or stairs at the\npoint where it meets the building line or public thoroughfare.\n  (e)(i) For purposes of paragraph (b) of this subdivision, a building\noccupied as a house of worship does not cease to be "exclusively"\noccupied as such by incidental uses that are not of a nature to detract\nfrom the predominant character of the building as a house of worship.\n  (ii) Such uses include, but are not limited to: (A) the conduct of\nlegally authorized games of bingo or other games of chance held as a\nmeans of raising f

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