§ 77. Adult-use on-site consumption license; provisions governing\non-site consumption licenses. 1. No applicant shall be granted an\nadult-use on-site consumption license for any premises, unless the\napplicant shall be the owner thereof, or shall be in possession of said\npremises under a lease, in writing, for a term not less than the license\nperiod except, however, that such license may thereafter be renewed\nwithout the requirement of a lease as provided in this section. This\nsubdivision shall not apply to premises leased from government agencies;\nprovided, however, that the appropriate administrator of such government\nagency provides some form of written documentation regarding the terms\nof occupancy under which the applicant is leasing said premises from the\ngovernment agency for presentation to the office at the time of the\nlicense application. Such documentation shall include the terms of\noccupancy between the applicant and the government agency, including,\nbut not limited to, any short-term leasing agreements or written\noccupancy agreements.\n 2. No person may have a direct or indirect financial or controlling\ninterest in more than three adult-use on-site consumption licenses\nissued pursuant to this chapter.\n 3. No person holding an adult-use on-site consumption license may also\nhold an adult-use retail dispensary, cultivation, processor,\nmicrobusiness, cooperative or distributor license pursuant to this\narticle or be registered as a registered organization pursuant to\narticle three of this chapter.\n 4. No applicant shall be granted an adult-use on-site consumption\nlicense for any premises within five hundred feet of school grounds as\nsuch term is defined in the education law or two hundred feet from a\nhouse of worship.\n 5. The board may consider any or all of the following in determining\nwhether public convenience and advantage and the public interest will be\npromoted by the granting of an adult-use on-site consumption license at\na particular location:\n (a) that it is a privilege, and not a right, to cultivate, process,\ndistribute, and sell cannabis;\n (b) the number, classes, and character of other licenses in proximity\nto the location and in the particular municipality or subdivision\nthereof;\n (c) evidence that all necessary licenses and permits have been\nobtained from the state and all other governing bodies;\n (d) whether there is a demonstrated need for spaces to consume\ncannabis;\n (e) effect of the grant of the license on pedestrian or vehicular\ntraffic, and parking, in proximity to the location;\n (f) the existing noise level at the location and any increase in noise\nlevel that would be generated by the proposed premises; and\n (g) any other factors specified by law or regulation that are relevant\nto determine that granting a license would promote public convenience\nand advantage and the public interest of the community.\n 6. If the board shall disapprove an application for an on-site\nconsumption license, it shall state and file in its offices the reasons\ntherefor and shall notify the applicant thereof. Such applicant may\nthereupon apply to the board for a review of such action in a manner to\nbe prescribed by the rules of the board.\n 7. No adult-use cannabis on-site consumption licensee shall keep upon\nthe licensed premises any adult-use cannabis products except those\npurchased from a licensed adult-use distributor; registered organization\nadult-use cultivator processor distributor retail dispenser; registered\norganization adult-use cultivator, processor and distributor;\ncooperative, or microbusiness authorized to sell adult-use cannabis, and\nonly in containers approved by the board. Such containers shall have\naffixed thereto such labels as may be required by the rules of the\nboard. No adult-use on-site consumption licensee shall reuse, refill,\ntamper with, adulterate, dilute or fortify the contents of any container\nof cannabis products as recei
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.