NY bill: bud $50/oz.; concentrates $200/oz.

These bills sometimes disappear. Here is the text of New York State Senator Liz Krueger’s bill imposing “an excise tax of $50.00 per ounce on marihuana and $50.00 per quarter ounce of concentrated cannabis.”  http://open.nysenate.gov/legislation/bill/S6005-2013 Accessed 14 September, 2014.

BILL NUMBER:S6005

TITLE OF BILL: An act to amend the public health law, in relation to the description of marihuana, and the growing of and use of marihuana by persons eighteen years of age or older; to amend the vehicle and traffic law, in relation to making technical changes regarding the definition of marihuana; to amend the penal law, in relation to the qualification of certain offenses involving marihuana and to exempt certain persons from prosecution for the use, consumption, display, production or distribution of marihuana; to amend the alcoholic beverage control law, in relation to providing for the licensure of persons authorized to produce, process and sell marihuana; to amend the tax law, in relation to providing for the levying of an excise tax on certain sales of marihuana; to amend the criminal procedure law, the civil practice law and rules, the general business law, the state finance law, the executive law, the penal law and the vehicle and traffic law, in relation to making conforming changes; to repeal sections 221.10, 221.25, 221.30, 221.50 and 221.55 of the penal law relating to the criminal possession and sale of marihuana; and to repeal paragraph (f) of subdivision 2 of section 850 of the general business law relating to drug related paraphernalia

 

SUMMARY OF SPECIFIC PROVISIONS:

 

Section one of the bill is the title.

 

Section two of the bill is comprised of legislative findings and statements of purpose.

 

Section three of the bill amends Section 3302 of the Public Health Law to eliminate the definitions of Concentrated Cannabis and Marihuana from the controlled substances act.

 

Section four of the bill amends Section 3306 of the Public Health Law to remove the classification of marihuana as a schedule 1 hallucinogen on the schedules of controlled substances.

 

Section five of the bill amends Section 3382 of the Public Health Law to excluding home cultivation of up to 6 marihuana plants by individuals 18 years or older from the ban on growing cannabis.

 

Section six of the bill amends section 3397-b of the public health law to make conforming changes in definition of marihuana.

 

Section seven of the bill amends Section 114a of the Vehicle and Traffic Law adding marihuana and concentrated cannabis to the definition of drug for purposes of driving under the influence.

 

Section eight of the bill amends Section 220.0 of the Penal Law to include a definition for concentrated cannabis as a controlled substance.

 

Sections nine to eleven of the bill update cross references to amended sections of the penal law.

 

Section twelve of the bill amends Section 220.5 of the Penal Law to exclude marihuana paraphernalia from criminal use of drug paraphernalia.

 

Section thirteen of the bill amends Section 221.05 of the Penal Law to make unlawful possession of marihuana applicable to persons less than eighteen years of age or who are burning marihuana.

 

Section fourteen of the bill amends Section 221.15 of the Penal Law to redefine criminal possession of marihuana in the second degree as a Class B misdemeanor.

 

Section fifteen of the bill amends Section 221.20 of the Penal Law to redefine criminal possession of marihuana in the first degree as a Class A misdemeanor.

 

Section sixteen of the bill repeals sections 221.10, 221.25 and 221.3 of the Penal Law, eliminating the previous definitions of Criminal possession of marihuana in the first and second degrees.

 

Section seventeen of the bill adds a new section 221.25 of the Penal Law allowing for home cultivation of up to six marihuana plants by persons eighteen years of age or older.

 

Section eighteen of the bill amends section 221.35 of the Penal Law to redefine Criminal sale of marihuana in the third degree to apply to persons less than eighteen years of age.

 

Section nineteen of the bill amends section 221.40 of the Penal Law to redefine the criminal sale of marihuana in the second degree.

 

Section twenty of the bill amends section 221.45 of the Penal law to redefine criminal sale of marihuana in the first degree.

 

Section twenty-one of the bill repeals section 221.5 and 221.55 of the Penal Law, eliminating the previous definitions of criminal sale of marihuana in the first and second degrees.

 

Section twenty-two of the bill adds a new section 221.6 to the Penal Law establishing that those acting in compliance with the Alcohol Beverage Control Law are exempt from sections § 220 and § 221 of the New York Penal Law

 

Section twenty-three of the bill amends subdivision 8 of section 1399-n of the Public Health Law to include marihuana in list of substances subject to smoking regulations.

 

Section twenty-four of the bill amends section 2 of the Alcoholic Beverage Control Law to include regulation of marihuana products in the purpose of this chapter.

 

Section twenty-five of the bill amends section 3 of the Alcoholic Beverage Control Law to include definitions of Concentrated Cannabis, Marihuana, and Marihuana consumers, processors, producer, products, infused products, retailer and retailer for the purposes of on-premises consumption, and unreasonably impracticable.

 

Section twenty-five-a of the bill amends section 65-b of the Alcoholic Beverage Control law to ban use of fraudulent documents for the purpose of purchasing marihuana products by persons under twenty-one years of age, and establishing procedures for sellers of marihuana products to prevent such sales.

 

Section twenty-six of this bill amends section 140 of the Alcoholic Beverage Control Law to extend the option of any town or city to ban sale of alcoholic beverages to sales of marihuana.

 

Section twenty-seven of the bill amends section 141 of the Alcoholic Beverage Control Law to apply the rules governing referendum procedures for banning sales of alcohol by towns to sales of marihuana.

 

Section twenty-eight of the bill amends section 142 of the Alcoholic Beverage Control Law to establish that sale of marihuana is prohibited in any city that passes a referendum against such sales.

 

Section twenty-nine of the bill amends section 147 of the Alcoholic Beverage Control Law to establish that if the rules regarding future referendums will also apply to marihuana sales.

 

Section twenty-nine-a of the bill renumbers article 11 of the Alcoholic Beverage Control Law as article 12 and sections 160, 161, 162, 163 and 164 as sections 200, 201, 202, 203 and 204.

 

Section thirty of the bill adds a new Article 11 to the Alcoholic Beverage Control Law providing for the regulation of marihuana production, distribution and sale by the State Liquor Authority, establishing licensing and permitting rules, and providing for penalties for violations. Such regulation shall be promulgated within 240 days of the effective date.

 

Section thirty-one of the bill adds a new Article 18-A to the New York Tax Code imposing an excise tax of $50.00 per ounce on marihuana and $50.00 per quarter ounce of concentrated cannabis, and establishing a formula for distribution of the proceeds of this tax. Proceeds from the tax will be placed in a fund established by the comptroller known as the marihuana revenue fund. Fifteen percent of proceeds to be directed to re-entry programs, substance abuse programs, and job training programs in low income, high unemployment communities, and authorizing localities to enact a five percent tax on marihuana sales, with the remainder of proceeds going to the general fund. Localities would also be authorized to impose a sales tax of up to five percent on retail sales.

 

Sections thirty-two through thirty-seven of the bill of the bill update cross references to amended sections of the penal law.

 

Section thirty-eight and thirty-nine of the bill amend section 850 of the General Business Law to remove references to marihuana from prohibitions on the sale of drug paraphernalia.

 

Section forty of the bill update cross references in the state finance law to amended sections in the alcoholic beverage control law.

 

Section forty-one through forty-three of the bill update cross references to amended sections of the penal law.

 

Section forty-four is a severability clause.

 

Section forty-five of the bill is the effective date.

 

JUSTIFICATION:

 

Present law fails to prevent the trade and consumption of marihuana and has continued to foster a violent drug market that consumes millions of dollars in resources every year.

 

New York State Ranks 2nd of all 50 states in terms of Marihuana related arrests made per 100,000 people. In 2010, the NYPD made 50,300 marihuana related arrests. This number amounted to one out of every seven total arrests made, and $75 million was spent arresting and jailing mostly young people simply for possessing small amounts of marihuana.

 

The enforcement of present law has disproportionately effected AfricanAmerican and Latino communities; often giving first time, non-violent offenders, an extraneous criminal record. Government health surveys find that young whites use marihuana at higher rates than young blacks and Latinos. But the NYPD arrests blacks for marihuana possession at seven times the rate of whites and Latinos at nearly four times the rate of whites.

 

Aside from mitigating these issues, the regulation and taxation act will also help accrue revenue for the state; portions of which will go back (through government agencies and programs) to communities that have been impacted by present law.

 

PRIOR LEGISLATIVE HISTORY:

 

New Bill

 

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

 

Increase revenue for state and local governments. Fiscal implication assumptions for similar legislation implemented in Colorado, Amendment 64, estimated an annual revenue increase of 5-22 million dollars and an annual spending increase of .5-1.5 million dollars. Given the larger

 

population of New York State this legislation should generate revenue substantially larger than these estimates.

 

EFFECTIVE DATE:

 

Immediately.

 

 

 

Text

STATE OF NEW YORK

________________________________________________________________________

 

6005

 

2013-2014 Regular Sessions

 

IN SENATE

 

December 11, 2013

___________

 

Introduced by Sen. KRUEGER — read twice and ordered printed, and when

printed to be committed to the Committee on Rules

 

AN ACT to amend the public health law, in relation to the description of

marihuana, and the growing of and use of marihuana by persons eighteen

years of age or older; to amend the vehicle and traffic law, in

relation to making technical changes regarding the definition of mari-

huana; to amend the penal law, in relation to the qualification of

certain offenses involving marihuana and to exempt certain persons

from prosecution for the use, consumption, display, production or

distribution of marihuana; to amend the alcoholic beverage control

law, in relation to providing for the licensure of persons authorized

to produce, process and sell marihuana; to amend the tax law, in

relation to providing for the levying of an excise tax on certain

sales of marihuana; to amend the criminal procedure law, the civil

practice law and rules, the general business law, the state finance

law, the executive law, the penal law and the vehicle and traffic law,

in relation to making conforming changes; to repeal sections 221.10,

221.25, 221.30, 221.50 and 221.55 of the penal law relating to the

criminal possession and sale of marihuana; and to repeal paragraph (f)

of subdivision 2 of section 850 of the general business law relating

to drug related paraphernalia

 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-

BLY, DO ENACT AS FOLLOWS:

 

Section 1. This act shall be known and may be cited as the “marihuana

regulation and taxation act”.

S 2. Legislative findings and intent. The legislature finds that

decades of arresting marihuana users has failed to prevent marihuana use

or prevent minors from accessing marihuana. Existing marihuana laws have

created a violent, illegal drug market that consumes millions of dollars

in criminal justice resources each year. Existing marihuana laws have

also disproportionately impacted African-American and Latino communi-

 

ties. Regulating, controlling, and taxing marihuana like alcohol will

save criminal justice resources, reduce violent crime, reduce racial

disparities, and generate revenue.

Additionally, industrial hemp is produced in at least 30 nations and

used to create thousands of products including paper, textiles, food

oils, automotive parts, and personal care products. Hundreds of millions

of dollars of industrial hemp products are sold in the United States

each year.

The intent of this act is to regulate, control, and tax marihuana in a

manner similar to alcohol, generate millions of dollars in new revenue,

prevent access to marihuana by those under the age of eighteen years,

reduce the illegal drug market and reduce violent crime, reduce the

racially disparate impact of existing marihuana laws, allow industrial

hemp to be farmed in New York state, and create new industries and

increase employment.

Nothing in this act is intended to limit the authority of employers to

enact and enforce policies pertaining to marihuana in the workplace, to

allow driving under the influence of marihuana, to allow individuals to

engage in conduct that endangers others, to allow smoking marihuana in

any location where smoking tobacco is prohibited, or to require any

individual to engage in any conduct that violates federal law or to

exempt anyone from any requirement of federal law or pose any obstacle

to the federal enforcement of federal law.

S 3. Section 3302 of the public health law, as added by chapter 878 of

the laws of 1972, subdivisions 1, 14, 16, 17 and 27 as amended and

subdivisions 4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19, 20, 21, 22, 23, 24,

25, 26, 28, 29 and 30 as renumbered by chapter 537 of the laws of 1998,

subdivisions 9 and 10 as amended and subdivisions 34, 35, 36, 37, 38, 39

and 40 as added by chapter 178 of the laws of 2010, paragraph (a) of

subdivision 20, the opening paragraph of subdivision 22 and subdivision

29 as amended by chapter 163 of the laws of 1973, subdivision 31 as

amended by section 4 of part A of chapter 58 of the laws of 2004 and

subdivision 41 as added by section 6 of part A of chapter 447 of the

laws of 2012, is amended to read as follows:

S 3302. Definitions of terms of general use in this article. Except

where different meanings are expressly   specified   in   subsequent

provisions of this article, the following terms have the following mean-

ings:

  1. “Addict” means a person who habitually uses a controlled substance

for a non-legitimate or unlawful use, and who by reason of such use is

dependent thereon.

  1. “Administer”   means the direct application of a controlled

substance, whether by injection, inhalation, ingestion, or any other

means, to the body of a patient or research subject.

  1. “Agent” means an authorized person who acts on behalf of or at the

direction of a manufacturer, distributor, or dispenser. No person may be

authorized to so act if under title VIII of the education law such

person would not be permitted to engage in such conduct. It does not

include a common or contract carrier, public warehouseman, or employee

of the carrier or warehouseman when acting in the usual and lawful

course of the carrier’s or warehouseman’s business.

  1. [“Concentrated Cannabis” means

(a) the separated resin, whether crude or purified, obtained from a

plant of the genus Cannabis; or

(b) a material, preparation, mixture, compound or other substance

which contains more than two and one-half percent by weight of delta-9

 

tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering

system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-

terpene numbering system.

5.] “Controlled substance” means a substance or substances listed in

section thirty-three hundred six of this [chapter] TITLE.

[6.] 5. “Commissioner” means commissioner of health of the state of

New York.

[7.] 6. “Deliver” or “delivery” means the actual, constructive or

attempted transfer from one person to another of a controlled substance,

whether or not there is an agency relationship.

[8.] 7. “Department” means the department of health of the state of

New York.

[9.] 8. “Dispense” means to deliver a controlled substance to an ulti-

mate user or research subject by lawful means, including by means of the

internet, and includes the packaging, labeling, or compounding necessary

to prepare the substance for such delivery.

[10.] 9. “Distribute” means to deliver a controlled substance, includ-

ing by means of the internet, other than by administering or dispensing.

[11.] 10. “Distributor” means a person who distributes a controlled

substance.

[12.] 11. “Diversion” means manufacture, possession, delivery or use

of a controlled substance by a person or in a manner not specifically

authorized by law.

[13.] 12. “Drug” means

(a) substances recognized as drugs in the official United States Phar-

macopoeia, official Homeopathic Pharmacopoeia of the United States, or

official National Formulary, or any supplement to any of them;

(b) substances intended for use in the diagnosis, cure, mitigation,

treatment, or prevention of disease in man or animals; and

(c) substances (other than food) intended to affect the structure or a

function of the body of man or animal. It does not include devices or

their components, parts, or accessories.

[14.] 13. “Federal agency” means the Drug Enforcement Administration,

United States Department of Justice, or its successor agency.

[15.] 14. “Federal controlled substances act” means the Comprehensive

Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, and

any act or acts amendatory or supplemental thereto or regulations

promulgated thereunder.

[16.] 15. “Federal registration number” means such number assigned by

the Federal agency to any person authorized to manufacture, distribute,

sell, dispense or administer controlled substances.

[17.] 16. “Habitual user” means any person who is, or by reason of

repeated use of any controlled substance for non-legitimate or unlawful

use is in danger of becoming, dependent upon such substance.

[18.] 17. “Institutional dispenser” means a hospital, veterinary

hospital, clinic, dispensary, maternity home, nursing home, mental

hospital or similar facility approved and certified by the department as

authorized to obtain controlled substances by distribution and to

dispense and administer such substances pursuant to the order of a prac-

titioner.

[19.] 18. “License” means a written authorization issued by the

department or the New York state department of education permitting

persons to engage in a specified activity with respect to controlled

substances.

[20.] 19. “Manufacture” means the production, preparation, propa-

gation, compounding, cultivation, conversion or processing   of   a

 

controlled substance, either directly or indirectly or by extraction

from substances of natural origin, or independently by means of chemical

synthesis, or by a combination of extraction and chemical synthesis, and

includes any packaging or repackaging of the substance or labeling or

relabeling of its container, except that this term does not include the

preparation,   compounding,   packaging or labeling of a controlled

substance:

(a) by a practitioner as an incident to his administering or dispens-

ing of a controlled substance in the course of his professional prac-

tice; or

(b) by a practitioner, or by his authorized agent under his super-

vision, for the purpose of, or as an incident to, research, teaching, or

chemical analysis and not for sale; or

(c) by a pharmacist as an incident to his dispensing of a controlled

substance in the course of his professional practice.

[21. “Marihuana” means all parts of the plant of the genus Cannabis,

whether growing or not; the seeds thereof; the resin extracted from any

part of the plant; and every compound, manufacture, salt, derivative,

mixture, or preparation of the plant, its seeds or resin. It does not

include the mature stalks of the plant, fiber produced from the stalks,

oil or cake made from the seeds of the plant, any other compound, manu-

facture, salt, derivative, mixture, or preparation of the mature stalks

(except the resin extracted therefrom), fiber, oil, or cake, or the

sterilized seed of the plant which is incapable of germination.

22.] 20. “Narcotic drug” means any of the following, whether produced

directly or indirectly by extraction from substances of vegetable

origin, or independently by means of chemical synthesis, or by a combi-

nation of extraction and chemical synthesis:

(a) opium and opiate, and any salt, compound, derivative, or prepara-

tion of opium or opiate;

(b) any salt, compound, isomer, derivative, or preparation thereof

which is chemically equivalent or identical with any of the substances

referred to in [subdivision] PARAGRAPH (a) OF THIS SUBDIVISION, but not

including the isoquinoline alkaloids of opium;

(c) opium poppy and poppy straw.

[23.] 21. “Opiate” means any substance having an addiction-forming or

addiction-sustaining liability similar to morphine or being capable of

conversion into a drug having addiction-forming or addiction-sustaining

liability. It does not include, unless specifically designated as

controlled under section [3306] THIRTY-THREE HUNDRED SIX of this [arti-

cle] TITLE, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and

its salts (dextromethorphan). It does include its racemic and levorota-

tory forms.

[24.] 22. “Opium poppy” means the plant of the species Papaver

somniferum L., except its seeds.

[25.] 23. “Person” means individual, institution, corporation, govern-

ment or governmental subdivision or agency, business trust, estate,

trust, partnership or association, or any other legal entity.

[26.] 24. “Pharmacist” means any person licensed by the state depart-

ment of education to practice pharmacy.

[27.] 25. “Pharmacy” means any place registered as such by the New

York state board of pharmacy and registered with the Federal agency

pursuant to the federal controlled substances act.

[28.] 26. “Poppy straw” means all parts, except the seeds, of the

opium poppy, after mowing.

[29.] 27. “Practitioner” means:

 

A physician, dentist, podiatrist, veterinarian, scientific investi-

gator, or other person licensed, or otherwise permitted to dispense,

administer or conduct research with respect to a controlled substance in

the course of a licensed professional practice or research licensed

pursuant to this article. Such person shall be deemed a “practitioner”

only as to such substances, or conduct relating to such substances, as

is permitted by his license, permit or otherwise permitted by law.

[30.]   28.   “Prescribe” means a direction or authorization, by

prescription, permitting an ultimate user lawfully to obtain controlled

substances   from   any person authorized by law to dispense such

substances.

[31.] 29. “Prescription” shall mean an official New York state

prescription, an electronic prescription, an oral prescription[,] OR an

out-of-state prescription[, or any one].

[32.] 30. “Sell” means to sell, exchange, give or dispose of to anoth-

er, or offer or agree to do the same.

[33.] 31. “Ultimate user” means a person who lawfully obtains and

possesses a controlled substance for his own use or the use by a member

of his household or for an animal owned by him or in his custody. It

shall also mean and include a person designated, by a practitioner on a

prescription, to obtain such substance on behalf of the patient for whom

such substance is intended.

[34.] 32. “Internet” means collectively computer and telecommuni-

cations facilities which comprise the worldwide network of networks that

employ a set of industry standards and protocols, or any predecessor or

successor protocol to such protocol, to exchange information of all

kinds. “Internet,” as used in this article, also includes other

networks, whether private or public, used to transmit information by

electronic means.

[35.] 33. “By means of the internet” means any sale, delivery,

distribution, or dispensing of a controlled substance that uses the

internet, is initiated by use of the internet or causes the internet to

be used.

[36.] 34. “Online dispenser” means a practitioner, pharmacy, or person

in the United States that sells, delivers or dispenses, or offers to

sell, deliver, or dispense, a controlled substance by means of the

internet.

[37.] 35. “Electronic prescription” means a prescription issued with

an electronic signature and transmitted by electronic means in accord-

ance with regulations of the commissioner and the commissioner of educa-

tion and consistent with federal requirements. A prescription generated

on an electronic system that is printed out or transmitted via facsimile

is not considered an electronic prescription and must be manually

signed.

[38.] 36. “Electronic” means of or relating to technology having elec-

trical, digital, magnetic, wireless, optical, electromagnetic or similar

capabilities. “Electronic” shall not include facsimile.

[39.] 37. “Electronic record” means a paperless record that is

created, generated, transmitted, communicated, received or stored by

means of electronic equipment and includes the preservation, retrieval,

use and disposition in accordance with regulations of the commissioner

and the commissioner of education and in compliance with federal law and

regulations.

[40.] 38. “Electronic signature” means an electronic sound, symbol, or

process, attached to or logically associated with an electronic record

and executed or adopted by a person with the intent to sign the record,

 

in accordance with regulations of the commissioner and the commissioner

of education.

[41.] 39. “Registry” or “prescription monitoring program registry”

means the prescription monitoring program registry established pursuant

to section thirty-three hundred forty-three-a of this article.

S 4. Paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,

26, 27, 28, 29, 30, 31 and 32 of subdivision (d) of schedule I of

section 3306 of the public health law, paragraphs 13, 14, 15, 16, 17,

18, 19, 20, 21, 22, 23 and 24 as added by chapter 664 of the laws of

1985, paragraphs 25, 26, 27, 28, 29 and 30 as added by chapter 589 of

the laws of 1996 and paragraphs 31 and 32 as added by chapter 457 of the

laws of 2006, are amended to read as follows:

(13) [Marihuana.

(14)] Mescaline.

[(15)] (14) Parahexyl. Some trade or other names: 3-Hexyl-1-hydroxy-

7,8,9,10-tetra hydro-6,6,9-trimethyl-6H-dibenfo{b,d} pyran.

[(16)] (15) Peyote. Meaning all parts of the plant presently classi-

fied botanically as Lophophora williamsii Lemaire, whether growing or

not, the seeds thereof, any extract from any part of such plant, and

every compound, manufacture, salts, derivative, mixture, or preparation

of such plant, its seeds or extracts.

[(17)] (16) N-ethyl-3-piperidyl benzilate.

[(18)] (17) N-methyl-3-piperidyl benzilate.

[(19)] (18) Psilocybin.

[(20)] (19) Psilocyn.

[(21)] (20) Tetrahydrocannabinols. Synthetic TETRAHYDROCANNABINOLS NOT

DERIVED FROM THE CANNABIS PLANT THAT ARE equivalents of the substances

contained in the plant, or in the resinous extractives of cannabis, sp.

and/or synthetic substances, derivatives, and their isomers with similar

chemical structure and pharmacological activity such as the following:

/\1 cis or trans tetrahydrocannabinol, and their optical isomers

/\6 cis or trans tetrahydrocannabinol, and their optical isomers

/\3, 4 cis or trans tetrahydrocannabinol, and its optical isomers

(since nomenclature of these substances is not internationally standard-

ized, compounds of these structures, regardless of numerical designation

of atomic positions covered).

[(22)] (21) Ethylamine analog of phencyclidine. Some trade or other

names:   N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethyla-

mine, N-(1-phenylcyclohexyl) ethylamine cyclohexamine, PCE.

[(23)] (22) Pyrrolidine analog of phencyclidine. Some trade or other

names 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy, PHP.

[(24)] (23) Thiophene analog of phencyclidine. Some trade or other

names:   1-{1-(2-thienyl)-cyclohexyl}-piperidine, 2-thienylanalog   of

phencyclidine, TPCP, TCP.

[(25)] (24) 3,4-methylenedioxymethamphetamine (MDMA).

[(26)]   (25) 3,4-methylendioxy-N-ethylamphetamine   (also   known as

N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA,

MDE, MDEA.

[(27)] (26) N-hydroxy-3,4-methylenedioxyamphetamine (also known as

N-hydroxy-alpha-methyl-3,4   (methylenedioxy)   phenethylamine,   and

N-hydroxy MDA.

[(28)] (27) 1-{1- (2-thienyl) cyclohexyl} pyrrolidine. Some other

names: TCPY.

[(29)] (28) Alpha-ethyltryptamine. Some trade   or   other   names:

etryptamine;         Monase;         Alpha-ethyl-1H-indole-3-ethanamine;

3- (2-aminobutyl) indole; Alpha-ET or AET.

 

[(30)] (29) 2,5-dimethoxy-4-ethylamphetamine. Some trade or other

names: DOET.

[(31)] (30) 4-Bromo-2,5-dimethoxyphenethylamine. Some trade or other

names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;   alpha-desmethyl

DOB; 2C-B, Nexus.

[(32)] (31) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its

optical isomers, salts and salts of isomers.

S 5. Section 3382 of the public health law, as added by chapter 878 of

the laws of 1972, is amended to read as follows:

S 3382. Growing of the plant known as Cannabis by unlicensed persons.

A person who, without being licensed so to do under this article, grows

the plant of the genus Cannabis or knowingly allows it to grow on his

land without destroying the same, shall be guilty of a class A misdemea-

nor. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A PERSON EIGH-

TEEN YEARS OF AGE OR OLDER WHO POSSESSES, GROWS, OR TRANSPORTS NO MORE

THAN SIX MARIHUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING

PLANTS, PROVIDED THAT THE PLANTS ARE GROWN IN AN ENCLOSED, LOCKED SPACE,

NOT OPENLY OR PUBLICLY, AND THAT THE MARIHUANA IS NOT SOLD.

S 6. Subdivision 1 of section 3397-b of the public health law, as

added by chapter 810 of the laws of 1980, is amended to read as follows:

  1. [“Marijuana”] “MARIHUANA” means [marijuana] MARIHUANA as defined in

[section thirty-three hundred two of this chapter] SUBDIVISION SIX OF

SECTION 220.00 OF THE PENAL LAW and shall also include tetrahydrocanna-

binols or a chemical derivative of tetrahydrocannabinol.

S 7. Section 114-a of the vehicle and traffic law, as added by chapter

163 of the laws of 1973, is amended to read as follows:

S 114-a. Drug. The term “drug” when used in this chapter, means and

includes any substance listed in section thirty-three hundred six of the

public health law AND MARIHUANA AND CONCENTRATED CANNABIS AS DEFINED IN

SECTION 220.00 OF THE PENAL LAW.

S 8. Subdivisions 5, 6 and 9 of section 220.00 of the penal law,

subdivision 5 as amended by chapter 537 of the laws of 1998, subdivision

6 as amended by chapter 1051 of the laws of 1973 and subdivision 9 as

amended by chapter 664 of the laws of 1985, are amended and a new subdi-

vision 21 is added to read as follows:

  1. “Controlled substance” means any substance listed in schedule I,

II, III, IV or V of section thirty-three hundred six of the public

health law other than marihuana, but including concentrated cannabis as

defined in [paragraph (a) of subdivision four of section thirty-three

hundred two of such law] SUBDIVISION TWENTY-ONE OF THIS SECTION.

  1. “Marihuana” means [“marihuana” or “concentrated cannabis” as those

terms are defined in section thirty-three hundred two of the public

health law] ALL PARTS OF THE PLANT OF THE GENUS CANNABIS, WHETHER GROW-

ING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY PART OF THE

PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR

PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT INCLUDE THE

MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS, OIL OR CAKE

MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANUFACTURE, SALT,

DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS (EXCEPT THE

RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE STERILIZED SEED

OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES NOT INCLUDE ALL

PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING OR NOT, HAVING NO

MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNABINOL (THC).

  1. “Hallucinogen” means any controlled substance listed in schedule

I(d) (5), [(18), (19), (20), (21) and (22)] (17), (18), (19), (20) AND

(21).

 

  1. “CONCENTRATED CANNABIS” MEANS:

(A) THE SEPARATED RESIN, WHETHER CRUDE OR PURIFIED, OBTAINED FROM A

PLANT OF THE GENUS CANNABIS; OR

(B) A MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE

WHICH CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDRO-

CANNABINOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR

DELTA-1 TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE

NUMBERING SYSTEM.

S 9. Subdivision 4 of section 220.06 of the penal law, as amended by

chapter 537 of the laws of 1998, is amended to read as follows:

  1. one or more preparations, compounds, mixtures or substances

containing concentrated cannabis as defined in [paragraph (a) of subdi-

vision four of section thirty-three hundred two of the public health

law] SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE and said

preparations, compounds, mixtures or substances are of an aggregate

weight of one-fourth ounce or more; or

S 10. Subdivision 10 of section 220.09 of the penal law, as amended by

chapter 537 of the laws of 1998, is amended to read as follows:

  1. one or more preparations, compounds, mixtures or substances

containing concentrated cannabis as defined in [paragraph (a) of subdi-

vision four of section thirty-three hundred two of the public health

law] SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE and said

preparations, compounds, mixtures or substances are of an aggregate

weight of one ounce or more; or

S 11. Subdivision 3 of section 220.34 of the penal law, as amended by

chapter 537 of the laws of 1998, is amended to read as follows:

  1. concentrated cannabis as defined in [paragraph (a) of subdivision

four of section thirty-three hundred two of the public health law]

SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE; or

S 12. Section 220.50 of the penal law, as amended by chapter 627 of

the laws of 1990, is amended to read as follows:

S 220.50 Criminally using drug paraphernalia in the second degree.

A person is guilty of criminally using drug paraphernalia in the

second degree when he knowingly possesses or sells:

  1. Diluents, dilutants or adulterants, including but not limited to,

any of the following: quinine hydrochloride, mannitol, mannite, lactose

or dextrose, adapted for the dilution of narcotic drugs or stimulants

under circumstances evincing an intent to use, or under circumstances

evincing knowledge that some person intends to use, the same for

purposes of unlawfully mixing, compounding, or otherwise preparing any

narcotic drug or stimulant, OTHER THAN MARIHUANA OR CONCENTRATED CANNA-

BIS; or

  1. Gelatine capsules, glassine envelopes, vials, capsules or any other

material suitable for the packaging of individual quantities of narcotic

drugs or stimulants under circumstances evincing an intent to use, or

under circumstances evincing knowledge that some person intends to use,

the same for the purpose of unlawfully manufacturing, packaging or

dispensing of any narcotic drug or stimulant, OTHER THAN MARIHUANA OR

CONCENTRATED CANNABIS; or

  1. Scales and balances used or designed for the purpose of weighing or

measuring controlled substances, under circumstances evincing an intent

to use, or under circumstances evincing knowledge that some person

intends to use, the same for purpose of unlawfully manufacturing, pack-

aging or dispensing of any narcotic drug or stimulant, OTHER THAN MARI-

HUANA OR CONCENTRATED CANNABIS.

 

Criminally using drug paraphernalia in the second degree is a class A

misdemeanor.

S 13. Section 221.05 of the penal law, as added by chapter 360 of the

laws of 1977, is amended to read as follows:

S 221.05 Unlawful possession of marihuana.

A person is guilty of unlawful possession of marihuana when he know-

ingly and unlawfully possesses [marihuana]:

  1. MARIHUANA AND IS LESS THAN EIGHTEEN YEARS OF AGE; OR
  2. MARIHUANA IN A PUBLIC PLACE, AS DEFINED IN SECTION 240.00 OF THIS

PART, AND SUCH MARIHUANA IS BURNING.

Unlawful possession of marihuana is a violation punishable only by a

fine of not more than one hundred dollars. However, where the defendant

has previously been convicted of an offense defined in this article or

article [220] TWO HUNDRED TWENTY of this [chapter] TITLE, committed

within the three years immediately preceding such violation, it shall be

punishable (a) only by a fine of not more than two hundred dollars, if

the defendant was previously convicted of one such offense committed

during such period, and (b) by a fine of not more than two hundred fifty

dollars or a term of imprisonment not in excess of fifteen days or both,

if the defendant was previously convicted of two such offenses committed

during such period.

S 14. Section 221.15 of the penal law, as amended by chapter 265 of

the laws of 1979, the opening paragraph as amended by chapter 75 of the

laws of 1995, is amended to read as follows:

S 221.15 Criminal possession of marihuana in the [fourth] SECOND degree.

A person is guilty of criminal possession of marihuana in the [fourth]

SECOND degree when he knowingly and unlawfully possesses [one or more

preparations, compounds, mixtures or substances containing marihuana and

the preparations, compounds, mixtures or substances are of an aggregate

weight of] more than two ounces OF MARIHUANA, MORE THAN SIXTEEN OUNCES

FOR ANY MIXTURES OR SUBSTANCES CONTAINING MARIHUANA IN SOLID FORM, OR

MORE THAN SEVENTY-TWO OUNCES FOR ANY MIXTURES OR SUBSTANCES CONTAINING

MARIHUANA IN LIQUID FORM, OR MORE THAN ONE-FOURTH OF ONE OUNCE OF

CONCENTRATED CANNABIS.

Criminal possession of marihuana in the [fourth] SECOND degree is a

class [A] B misdemeanor.

S 15. Section 221.20 of the penal law, as amended by chapter 265 of

the laws of 1979, the opening paragraph as amended by chapter 75 of the

laws of 1995, is amended to read as follows:

S 221.20 Criminal possession of marihuana in the [third] FIRST degree.

A person is guilty of criminal possession of marihuana in the [third]

FIRST degree when he knowingly and unlawfully possesses [one or more

preparations, compounds, mixtures or substances containing marihuana and

the preparations, compounds, mixtures or substances are of an aggregate

weight of] more than eight ounces OF MARIHUANA, MORE THAN SIXTY-FOUR

OUNCES FOR ANY MIXTURES OR SUBSTANCES CONTAINING MARIHUANA IN SOLID

FORM, OR MORE THAN TWO GALLONS FOR ANY MIXTURES OR SUBSTANCES CONTAINING

MARIHUANA IN LIQUID FORM, OR MORE THAN ONE OUNCE OF CONCENTRATED CANNA-

BIS.

Criminal possession of marihuana in the [third] FIRST degree is a

class [E felony] A MISDEMEANOR.

S 16. Sections 221.10, 221.25 and 221.30 of the penal law are

REPEALED.

S 17. The penal law is amended by adding a new section 221.25 to read

as follows:

S 221.25 HOME CULTIVATION OF MARIHUANA EXCEPTION.

 

THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO A PERSON EIGHTEEN

YEARS OF AGE OR OLDER WHO POSSESSES, GROWS, OR TRANSPORTS NO MORE THAN

SIX MARIHUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING

PLANTS, PROVIDED THAT THE PLANTS ARE GROWN IN AN ENCLOSED, LOCKED SPACE,

NOT OPENLY OR PUBLICLY, AND THAT THE MARIHUANA IS NOT SOLD.

S 18. Section 221.35 of the penal law, as amended by chapter 265 of

the laws of 1979, the opening paragraph as amended by chapter 75 of the

laws of 1995, is amended to read as follows:

S 221.35 Criminal sale of marihuana in the [fifth] THIRD degree.

A person LESS THAN EIGHTEEN YEARS OF AGE is guilty of criminal sale of

marihuana in the [fifth] THIRD degree when he knowingly and unlawfully

sells, without consideration, one or more preparations, compounds,

mixtures or substances containing marihuana and the preparations,

compounds, mixtures or substances are of an aggregate weight of two

grams or less; or one cigarette containing marihuana.

Criminal sale of marihuana in the [fifth] THIRD degree is a class B

misdemeanor.

S 19. Section 221.40 of the penal law, as added by chapter 360 of the

laws of 1977, is amended to read as follows:

S 221.40 Criminal sale of marihuana in the [fourth] SECOND degree.

A person is guilty of criminal sale of marihuana in the [fourth]

SECOND degree when he knowingly and unlawfully sells marihuana FOR

CONSIDERATION except as provided in section 221.35 of this article.

Criminal sale of marihuana in the [fourth] SECOND degree is a class A

misdemeanor.

S 20. Section 221.45 of the penal law, as amended by chapter 265 of

the laws of 1979, the opening paragraph as amended by chapter 75 of the

laws of 1995, is amended to read as follows:

S 221.45 Criminal sale of marihuana in the [third] FIRST degree.

A person is guilty of criminal sale of marihuana in the [third] FIRST

degree when he knowingly and unlawfully sells [one or more preparations,

compounds, mixtures or substances containing marihuana and the prepara-

tions, compounds, mixtures or substances are of an aggregate weight of

more than twenty-five grams] TWO OUNCES OF MARIHUANA, MORE THAN SIXTEEN

OUNCES FOR ANY MIXTURES OR SUBSTANCES CONTAINING MARIHUANA IN SOLID

FORM, OR MORE THAN SEVENTY-TWO OUNCES FOR ANY MIXTURES OR SUBSTANCES

CONTAINING MARIHUANA IN LIQUID FORM, OR MORE THAN ONE-FOURTH OF ONE

OUNCE OF CONCENTRATED CANNABIS.

Criminal sale of marihuana in the [third] FIRST degree is a class E

felony.

S 21. Sections 221.50 and 221.55 of the penal law are REPEALED.

S 22. The penal law is amended by adding a new section 221.60 to read

as follows:

S 221.60 LICENSING OF MARIHUANA PRODUCTION AND DISTRIBUTION.

THE PROVISIONS OF THIS ARTICLE AND OF ARTICLE TWO HUNDRED TWENTY OF

THIS TITLE SHALL NOT APPLY TO ANY PERSON EXEMPTED FROM CRIMINAL PENAL-

TIES PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR POSSESSING, MANUFAC-

TURING, TRANSPORTING, DISTRIBUTING, SELLING, TRANSFERRING, MARIHUANA OR

CONCENTRATED CANNABIS, OR ENGAGED IN ANY OTHER ACTION THAT IS IN COMPLI-

ANCE WITH ARTICLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW.

S 23. Subdivision 8 of section 1399-n of the public health law, as

amended by chapter 13 of the laws of 2003, is amended to read as

follows:

  1. “Smoking” means the burning of a lighted cigar, cigarette, pipe or

any other matter or substance which contains tobacco OR MARIHUANA.

 

S 24. Section 2 of the alcoholic beverage control law, as amended by

chapter 111 of the laws of 1978, is amended to read as follows:

S 2. Policy of state and purpose of chapter. It is hereby declared as

the policy of the state that it is necessary to regulate and control the

manufacture, sale and distribution within the state of alcoholic bever-

ages AND MARIHUANA PRODUCTS for the purpose of fostering and promoting

temperance in their consumption and respect for and obedience to law. It

is hereby declared that such policy will best be carried out by empower-

ing the liquor authority of the state to determine whether public

convenience and advantage will be promoted by the issuance of licenses

to traffic in alcoholic beverages AND MARIHUANA PRODUCTS, the increase

or decrease in the number thereof and the location of premises licensed

thereby, subject only to the right of judicial review hereinafter

provided for. It is the purpose of this chapter to carry out that policy

in the public interest. The restrictions, regulations and provisions

contained in this chapter are enacted by the legislature for the

protection, health, welfare and safety of the people of the state.

S 25. Subdivisions 20-a, 20-b, 20-c, 20-d and 20-e of section 3 of the

alcoholic beverage control law are renumbered subdivisions 20-j, 20-k,

20-l, 20-m and 20-n and ten new subdivisions 7-e, 20-a, 20-b, 20-c,

20-d, 20-e, 20-f, 20-g, 20-h and 20-i are added to read as follows:

7-E. “CONCENTRATED CANNABIS” MEANS: (A) THE SEPARATED RESIN, WHETHER

CRUDE OR PURIFIED, OBTAINED FROM A PLANT OF THE GENUS CANNABIS; OR

(B) A MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE

WHICH CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDRO-

CANNABINOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR

DELTA-1 TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE

NUMBERING SYSTEM.

20-A. “MARIHUANA” MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,

WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY

PART OF THE PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE,

MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT

INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS,

OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-

FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS

(EXCEPT THE RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE

STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES

NOT INCLUDE ALL PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING

OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-

BINOL (THC).

20-B. “MARIHUANA CONSUMER” MEANS A PERSON TWENTY-ONE YEARS OF AGE OR

OLDER WHO PURCHASED MARIHUANA OR MARIHUANA PRODUCTS FOR PERSONAL USE BY

PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.

20-C. “MARIHUANA PROCESSOR” MEANS A PERSON LICENSED BY THE AUTHORITY

TO PURCHASE MARIHUANA AND CONCENTRATED CANNABIS FROM MARIHUANA PRODUC-

ERS, TO PROCESS MARIHUANA, CONCENTRATED CANNABIS, AND MARIHUANA INFUSED

PRODUCTS, PACKAGE AND LABEL MARIHUANA, CONCENTRATED CANNABIS AND MARI-

HUANA INFUSED PRODUCTS FOR SALE IN RETAIL OUTLETS, AND SELL MARIHUANA,

CONCENTRATED CANNABIS AND MARIHUANA INFUSED PRODUCTS AT WHOLESALE TO

MARIHUANA RETAILERS.

20-D. “MARIHUANA PRODUCER” MEANS A PERSON LICENSED BY THE AUTHORITY TO

PRODUCE, PROCESS, AND SELL MARIHUANA AND CONCENTRATED CANNABIS AT WHOLE-

SALE TO MARIHUANA PROCESSORS, MARIHUANA RETAILERS, OR OTHER MARIHUANA

PRODUCERS, BUT NOT TO CONSUMERS.

20-E. “MARIHUANA PRODUCTS” MEANS MARIHUANA, CONCENTRATED CANNABIS, AND

MARIHUANA-INFUSED PRODUCTS.

 

20-F. “MARIHUANA-INFUSED PRODUCTS” MEANS PRODUCTS THAT CONTAIN MARI-

HUANA, MARIHUANA EXTRACTS, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR

HUMAN USE OR CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS,

OINTMENTS, AND TINCTURES.

20-G. “MARIHUANA RETAILER” MEANS A PERSON LICENSED BY THE AUTHORITY TO

PURCHASE   MARIHUANA,   CONCENTRATED   CANNABIS, AND MARIHUANA-INFUSED

PRODUCTS FROM MARIHUANA PRODUCERS AND MARIHUANA PROCESSORS AND SELL

MARIHUANA, MARIHUANA INFUSED PRODUCTS, AND CONCENTRATED CANNABIS IN A

RETAIL OUTLET.

20-H. “MARIHUANA RETAILER FOR ON-PREMISES CONSUMPTION” MEANS A PERSON

LICENSED BY THE AUTHORITY TO PURCHASE MARIHUANA, CONCENTRATED CANNABIS,

AND MARIHUANA INFUSED PRODUCTS FROM MARIHUANA PRODUCERS, MARIHUANA

RETAILERS, AND MARIHUANA PROCESSORS AND SELL MARIHUANA PRODUCTS FOR A

CUSTOMER TO CONSUME WHILE THE CUSTOMER IS WITHIN A FACILITY.

20-I. “UNREASONABLY IMPRACTICABLE” MEANS THAT THE MEASURES NECESSARY

TO COMPLY WITH THE REGULATIONS REQUIRE SUCH A HIGH INVESTMENT OF RISK,

MONEY, TIME OR OTHER RESOURCE OR ASSET THAT THE OPERATION OF A MARIHUANA

ESTABLISHMENT IS NOT WORTHY OF BEING CARRIED OUT BY A REASONABLY PRUDENT

BUSINESSPERSON.

S 25-a. Section 65-b of the alcoholic beverage control law, as amended

by chapter 519 of the laws of 1999, paragraphs (b) and (c) of subdivi-

sion 3 as amended by chapter 257 of the laws of 2013 and the opening

paragraph of subdivision 6 as amended by chapter 503 of the laws of

2000, is amended to read as follows:

S 65-b. Offense for one under age of twenty-one years to purchase or

attempt to purchase an alcoholic beverage OR MARIHUANA PRODUCTS through

fraudulent means. 1. As used in this section: (a) “A device capable of

deciphering any electronically readable format” or “device” shall mean

any commercial device or combination of devices used at a point of sale

or entry that is capable of reading the information encoded on the

magnetic strip or bar code of a driver’s license or non-driver identifi-

cation card issued by the commissioner of motor vehicles;

(b) “Card holder” means any person presenting a driver’s license or

non-driver identification card to a licensee, or to the agent or employ-

ee of such licensee under this chapter; and

(c) “Transaction scan” means the process involving a device capable of

deciphering any electronically readable format by which a licensee, or

agent or employee of a licensee under this chapter reviews a driver’s

license or non-driver identification card presented as a precondition

for the purchase of an alcoholic beverage OR MARIHUANA PRODUCTS as

required by subdivision two of this section or as a precondition for

admission to an establishment licensed for the on-premises sale of alco-

holic beverages OR MARIHUANA PRODUCTS where admission is restricted to

persons twenty-one years or older.

  1. (a) No person under the age of twenty-one years shall present or

offer to any licensee under this chapter, or to the agent or employee of

such licensee, any written evidence of age which is false, fraudulent or

not actually his OR HER own, for the purpose of purchasing or attempting

to purchase any alcoholic beverage OR MARIHUANA PRODUCTS.

(b) No licensee, or agent or employee of such licensee shall accept as

written evidence of age by any such person for the purchase of any alco-

holic beverage OR MARIHUANA PRODUCTS, any documentation other than: (i)

a valid driver’s license or non-driver identification card issued by the

commissioner of motor vehicles, the federal government, any United

States territory, commonwealth or possession, the District of Columbia,

a state government within the United States or a provincial government

 

of the dominion of Canada, or (ii) a valid passport issued by the United

States government or any other country, or (iii) an identification card

issued by the armed forces of the United States. Upon the presentation

of such driver’s license or non-driver identification card issued by a

governmental entity, such licensee or agent or employee thereof may

perform a transaction scan as a precondition to the sale of any alcohol-

ic beverage. Nothing in this section shall prohibit a licensee or agent

or employee from performing such a transaction scan on any of the other

documents listed in this subdivision if such documents include a bar

code or magnetic strip that [that] may be scanned by a device capable of

deciphering any electronically readable format.

(c) In instances where the information deciphered by the transaction

scan fails to match the information printed on the driver’s license or

non-driver identification card presented by the card holder, or if the

transaction scan indicates that the information is false or fraudulent,

the attempted purchase of the alcoholic beverage OR MARIHUANA PRODUCTS

shall be denied.

  1. A person violating the provisions of paragraph (a) of subdivision

two of this section shall be guilty of a violation and shall be

sentenced in accordance with the following:

(a) For a first violation, the court shall order payment of a fine of

not more than one hundred dollars and/or an appropriate amount of commu-

nity service not to exceed thirty hours. In addition, the court may

order completion of an alcohol awareness program established pursuant to

section 19.25 of the mental hygiene law OR A MARIHUANA AWARENESS

PROGRAM.

(b) For a second violation, the court shall order payment of a fine of

not less than fifty dollars nor more than three hundred fifty dollars

and/or an appropriate amount of community service not to exceed sixty

hours. The court also shall order completion of an alcohol OR MARIHUANA

awareness program as referenced in paragraph (a) of this subdivision if

such program has not previously been completed by the offender, unless

the court determines that attendance at such program is not feasible due

to the lack of availability of such program within a reasonably close

proximity to the locality in which the offender resides or matriculates,

as appropriate.

(c) For third and subsequent violations, the court shall order payment

of a fine of not less than fifty dollars nor more than seven hundred

fifty dollars and/or an appropriate amount of community service not to

exceed ninety hours. The court also shall order that such person submit

to an evaluation by an appropriate agency certified or licensed by the

office of alcoholism and substance abuse services to determine whether

the person suffers from the disease of alcoholism or alcohol OR MARIHUA-

NA abuse, unless the court determines that under the circumstances

presented such an evaluation is not necessary, in which case the court

shall state on the record the basis for such determination. Payment for

such evaluation shall be made by such person. If, based on such evalu-

ation, a need for treatment is indicated, such person may choose to

participate in a treatment plan developed by an agency certified or

licensed by the office of alcoholism and substance abuse services. If

such person elects to participate in recommended treatment, the court

shall order that payment of such fine and community service be suspended

pending the completion of such treatment.

(d) Evaluation procedures. For purposes of this subdivision, the

following shall apply:

 

(i) The contents of an evaluation pursuant to paragraph (c) of this

subdivision shall be used for the sole purpose of determining if such

person suffers from the disease of alcoholism or alcohol OR MARIHUANA

abuse.

(ii) The agency designated by the court to perform such evaluation

shall conduct the evaluation and return the results to the court within

thirty days, subject to any state or federal confidentiality law, rule

or regulation governing the confidentiality of alcohol and substance

abuse treatment records.

(iii) The office of alcoholism and substance abuse services shall make

available to each supreme court law library in this state, or, if no

supreme court law library is available in a certain county, to the coun-

ty court law library of such county, a list of agencies certified to

perform evaluations as required by subdivision (f) of section 19.07 of

the mental hygiene law.

(iv) All evaluations required under this subdivision shall be in writ-

ing and the person so evaluated or his or her counsel shall receive a

copy of such evaluation prior to its use by the court.

(v) A minor evaluated under this subdivision shall have, and shall be

informed by the court of, the right to obtain a second opinion regarding

his or her need for alcoholism OR SUBSTANCE ABUSE treatment.

  1. A person violating the provisions of paragraph (b) of subdivision

two of this section shall be guilty of a violation punishable by a fine

of not more than one hundred dollars, and/or an appropriate amount of

community service not to exceed thirty hours. In addition, the court may

order completion of an alcohol OR SUBSTANCE ABUSE training awareness

program established pursuant to subdivision twelve of section seventeen

of this chapter where such program is located within a reasonably close

proximity to the locality in which the offender is employed or resides.

  1. No determination of guilt pursuant to this section shall operate as

a disqualification of any such person subsequently to hold public

office, public employment, or as a forfeiture of any right or privilege

or to receive any license granted by public authority; and no such

person shall be denominated a criminal by reason of such determination.

  1. In addition to the penalties otherwise provided in subdivision

three of this section, if a determination is made sustaining a charge of

illegally purchasing or attempting to illegally purchase an alcoholic

beverage OR MARIHUANA PRODUCTS, the court may suspend such person’s

license to drive a motor vehicle and the privilege of an unlicensed

person of obtaining such license, in accordance with the following and

for the following periods, if it is found that a driver’s license was

used for the purpose of such illegal purchase or attempt to illegally

purchase; provided, however, that where a person is sentenced pursuant

to paragraph (b) or (c) of subdivision three of this section, the court

shall impose such license suspension if it is found that a driver’s

license was used for the purpose of such illegal purchase or attempt to

illegally purchase:

(a) For a first violation of paragraph (a) of subdivision two of this

section, a three month suspension.

(b) For a second violation of paragraph (a) of subdivision two of this

section, a six month suspension.

(c) For a third or subsequent violation of paragraph (a) of subdivi-

sion two of this section, a suspension for one year or until the holder

reaches the age of twenty-one, whichever is the greater period of time.

 

Such person may thereafter apply for and be issued a restricted use

license in accordance with the provisions of section five hundred thirty

of the vehicle and traffic law.

  1. (a) In any proceeding pursuant to subdivision one of section

sixty-five of this article, it shall be an affirmative defense that such

person had produced a driver’s license or non-driver identification card

apparently issued by a governmental entity, successfully completed the

transaction scan, and that the alcoholic beverage OR MARIHUANA PRODUCTS

had been sold, delivered or given to such person in reasonable reliance

upon such identification and transaction scan. In evaluating the appli-

cability of such affirmative defense, the liquor authority shall take

into consideration any written policy adopted and implemented by the

seller to carry out the provisions of this chapter. Use of a transaction

scan shall not excuse any licensee under this chapter, or agent or

employee of such licensee, from the exercise of reasonable diligence

otherwise required by this   section.   Notwithstanding   the   above

provisions, any such affirmative defense shall not be applicable in any

other civil or criminal proceeding, or in any other forum.

(b) A licensee or agent or employee of a licensee may electronically

or mechanically record and maintain only the information from a trans-

action scan necessary to effectuate the purposes of this section. Such

information shall be limited to the following: (i) name, (ii) date of

birth, (iii) driver’s license or non-driver identification number, and

(iv) expiration date. The liquor authority and the state commissioner of

motor vehicles shall jointly promulgate any regulation necessary to

govern the recording and maintenance of these records by a licensee

under this chapter. The liquor authority and the commissioner of health

shall jointly promulgate any regulations necessary to ensure quality

control in the use of transaction scan devices.

  1. A licensee or agent or employee of such licensee shall only use the

information recorded and maintained through the use of such devices for

the purposes contained in paragraph (a) of subdivision seven of this

section, and shall only use such devices for the purposes contained in

subdivision two of this section. No licensee or agent or employee of a

licensee shall resell or disseminate the information recorded during

such scan to any third person. Such prohibited resale or dissemination

includes, but is not limited to, any advertising, marketing or promo-

tional activities. Notwithstanding the restrictions imposed by this

subdivision, such records may be released pursuant to a court ordered

subpoena or pursuant to any other statute that specifically authorizes

the release of such information. Each violation of this subdivision

shall be punishable by a civil penalty of not more than one thousand

dollars.

S 26. Section 140 of the alcoholic beverage control law, as amended by

chapter 810 of the laws of 1981, is amended to read as follows:

S 140. Applicability of chapter before local option. Until such time

as it shall become unlawful to sell alcoholic beverages OR MARIHUANA

PRODUCTS in any town or city by the vote of the voters in such town or

city in the manner provided in this article, all of the provisions of

this chapter shall apply throughout the entire state. This article shall

not apply to the Whiteface mountain ski center, owned by the state and

located in the town of Wilmington, county of Essex.

S 27. Section 141 of the alcoholic beverage control law, as amended by

chapter 319 of the laws of 2007, is amended to read as follows:

S 141. Local option for towns. 1. Not less than sixty days nor more

than seventy-five days before the general election in any town at which

 

the submission of the questions hereinafter stated is authorized by this

article, a petition signed by electors of the town to a number amounting

to twenty-five per centum of the votes cast in the town for governor at

the then last preceding gubernatorial election, acknowledged by the

signers or authenticated by witnesses as provided in the election law in

respect of a nominating petition, requesting the submission at such

election to the electors of the town of one or more of the following

questions, may be filed with the town clerk:

Question 1. Tavern alcoholic beverage license. Shall a person be

allowed to obtain a license to operate a tavern with a limited-service

menu (sandwiches, salads, soups, etc.) which permits the tavern operator

to sell alcoholic beverages for a customer to drink while the customer

is within the tavern. In addition, unopened containers of beer (such as

six-packs and kegs) may be sold “to go” for the customer to open and

drink at another location (such as, for example, at his home)?

Question 2. Restaurant alcoholic beverage license. Shall the operator

of a full-service restaurant be allowed to obtain a license which

permits the restaurant operator to sell alcoholic beverages for a

customer to drink while the customer is within the restaurant. In addi-

tion, unopened containers of beer (such as six-packs and kegs) may be

sold “to go” for the customer to open and drink at another location

(such as, for example, at his home)?

Question 3. Year-round hotel alcoholic beverage license. Shall the

operator of a year-round hotel with a full-service restaurant be allowed

to obtain a license which permits the year-round hotel to sell alcoholic

beverages for a customer to drink while the customer is within the

hotel. In addition, unopened containers of beer (such as six-packs and

kegs) may be sold “to go” for the customer to open and drink at another

location (such as, for example, at his home)?

Question 4. Summer hotel alcoholic beverage license. Shall the opera-

tor of a summer hotel with a full-service restaurant, open for business

only within the period from May first to October thirty-first in each

year, be allowed to obtain a license which permits the summer hotel to

sell alcoholic beverages for a customer to drink while the customer is

within the hotel. In addition, unopened containers of beer (such as

six-packs and kegs) may be sold “to go” for the customer to open and

drink at another location (such as, for example, at his home)?

Question 5. Retail package liquor or wine store license. Shall a

person be allowed to obtain a license to operate a retail package

liquor-and-wine or wine-without-liquor store, to sell “to go” unopened

bottles of liquor or wine to a customer to be taken from the store for

the customer to open and drink at another location (such as, for exam-

ple, at his home)?

Question 6. Off-premises beer and wine cooler license. Shall the oper-

ator of a grocery store, drugstore or supply ship operating in the

harbors of Lake Erie be allowed to obtain a license which permits the

operator to sell “to go” unopened containers of beer (such as six-packs

and kegs) and wine coolers with not more than 6% alcohol to a customer

to be taken from the store for the customer to open and drink at another

location (such as, for example, at his home)?

Question 7. Baseball park, racetrack, athletic field or stadium

license. Shall a person be allowed to obtain a license which permits

the sale of beer for a patron’s consumption while the patron is within a

baseball park, racetrack, or other athletic field or stadium where

admission fees are charged?

 

QUESTION 8. MARIHUANA RETAILER LICENSE. SHALL A PERSON BE ALLOWED TO

OBTAIN A LICENSE TO OPERATE A RETAIL MARIHUANA STORE, TO SELL UNOPENED

MARIHUANA PRODUCTS TO A CUSTOMER TO BE TAKEN FROM THE STORE FOR THE

CUSTOMER TO OPEN AND CONSUME AT ANOTHER LOCATION (SUCH AS, FOR EXAMPLE,

AT HIS HOME)?

QUESTION 9. ON-PREMISES MARIHUANA RETAILER LICENSE. SHALL A PERSON BE

ALLOWED TO OBTAIN A LICENSE TO OPERATE A FACILITY WHERE THE SERVICE OF

FOOD IS ONLY INCIDENTAL AND PERMITS THE FACILITY OPERATOR TO SELL MARI-

HUANA PRODUCTS FOR A CUSTOMER TO CONSUME WHILE THE CUSTOMER IS WITHIN

THE FACILITY?

  1. Upon the due filing of such petition complying with the foregoing

provisions, such questions shall be submitted in accordance therewith.

  1. The town clerk shall, within five days from the filing of such

petition in his office, prepare and file in the office of the board of

elections, as defined by the election law, of the county, a certified

copy of such petition. Such questions may be submitted only at the time

of a general election. At least ten days before such general election,

the board of elections shall cause to be printed and posted in at least

four public places in such town, a notice of the fact that all of the

local option questions will be voted on at such general election; and

the said notice shall also be published at least five days before the

vote is to be taken once in a newspaper published in the county in which

such town is situated, which shall be a newspaper published in the town,

if there be one. Whenever such questions are to be submitted under the

provisions of this article the board of elections shall cause the proper

ballot labels to be printed and placed on all voting machines used in

the town in which such questions are to be submitted, in the form

prescribed by the election law in respect of other propositions or ques-

tions, upon the face of which shall be printed in full the said ques-

tions. Any elector qualified to vote for state officers shall be enti-

tled to vote upon such local option questions. As soon as the election

shall be held, a return of the votes cast and counted shall be made as

provided by law and the returns canvassed by the inspectors of election.

If a majority of the votes cast shall be in the negative on all or any

of the questions, no person shall, after such election, sell alcoholic

beverages OR MARIHUANA PRODUCTS in such town contrary to such vote or to

the provisions of this chapter; provided, however, that the result of

such vote shall not shorten the term for which any license may have been

lawfully issued under this chapter or affect the rights of the licensee

thereunder; and no person shall after such vote apply for or receive a

license to sell alcoholic beverages OR MARIHUANA PRODUCTS at retail in

such town contrary to such vote, until, by referendum as hereinafter

provided for, such sale shall again become lawful.

S 28. Subdivision 3 of section 142 of the alcoholic beverage control

law is amended to read as follows:

  1. If a majority of the votes cast shall be in the negative on any or

all of the questions, no person shall, after such election, sell alco-

holic beverages OR MARIHUANA PRODUCTS in such city contrary to such vote

or to the provisions of this chapter; provided, however, that the result

of such vote shall not shorten the term for which any license may have

been lawfully issued under this chapter or affect the rights of the

licensee thereunder; and no person shall after such vote apply for or

receive a license to sell alcoholic beverages OR MARIHUANA PRODUCTS at

retail in such city contrary to such vote, until, by referendum as here-

inafter provided for, such sale shall again become lawful.

 

S 29. Subdivision 2 of section 147 of the alcoholic beverage control

law is amended to read as follows:

  1. If at the time of any subsequent submission of such questions it

shall be lawful to sell alcoholic beverages OR MARIHUANA PRODUCTS and a

majority of the votes cast shall be in the negative on such questions,

then all of the provisions of this article applicable thereto shall

become effective.

S 29-a. Article 11 of the alcoholic beverage control law is renumbered

article 12 and sections 160, 161, 162, 163 and 164 are renumbered

sections 200, 201, 202, 203 and 204.

S 30. The alcoholic beverage control law is amended by adding a new

article 11 to read as follows:

ARTICLE 11

PROVISIONS RELATING TO MARIHUANA

SECTION 165. LICENSES ISSUED.

  1. PRODUCERS AND PROCESSORS NOT TO BE INTERESTED IN RETAILERS.
  2. ACTIONS TAKEN PURSUANT TO VALID LICENSES ARE LAWFUL.
  3. GENERAL PROHIBITIONS AND RESTRICTIONS.
  4. CERTAIN OFFICIALS NOT TO BE INTERESTED IN MANUFACTURE OR

SALE OF MARIHUANA.

  1. PROVISIONS GOVERNING MARIHUANA LICENSES.
  2. PROVISIONS GOVERNING MARIHUANA PRODUCERS.
  3. PROVISIONS GOVERNING PROCESSORS.
  4. PROVISIONS GOVERNING MARIHUANA RETAILERS.
  5. PROVISIONS GOVERNING MARIHUANA RETAILERS FOR CONSUMPTION ON

PREMISES.

  1. ADVERTISING AND FORMS OF THE ISSUANCE OF LICENSES.
  2. PACKAGING OF MARIHUANA PRODUCTS.
  3. LABELING OF MARIHUANA PRODUCTS.
  4. RENEWALS OF LICENSES AND PERMITS.
  5. INFORMATION TO BE REQUESTED IN APPLICATIONS FOR LICENSES OR

PERMITS.

  1. NOTIFICATION TO MUNICIPALITIES.
  2. LICENSES, PUBLICATION, GENERAL PROVISIONS.
  3. REVOCATION OF LICENSES FOR CAUSE.
  4. PROCEDURE FOR REVOCATION OR CANCELLATION.
  5. DECISIONS OF LIQUOR AUTHORITY AND REVIEW BY THE COURTS.
  6. DISPOSITION OF MONEYS RECEIVED FOR LICENSE FEES.
  7. PERSONS FORBIDDEN TO TRAFFIC IN MARIHUANA.
  8. SURRENDER OF LICENSE; NOTICE TO POLICE OFFICIALS.
  9. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
  10. PROTECTIONS FOR THE USE OF MARIHUANA.
  11. CIVIL PROTECTIONS FOR THE USE OF MARIHUANA.

S 165. LICENSES ISSUED. THE FOLLOWING KINDS OF LICENSES SHALL BE

ISSUED BY THE AUTHORITY FOR THE MANUFACTURE AND SALE OF MARIHUANA:

  1. MARIHUANA PRODUCER LICENSE;
  2. MARIHUANA PROCESSOR LICENSE;
  3. MARIHUANA RETAILER LICENSE;
  4. MARIHUANA RETAILER LICENSE FOR CONSUMPTION ON THE PREMISES; AND
  5. ANY OTHER TYPE OF LICENSES ALLOWED BY THE AUTHORITY.

S 166. PRODUCERS AND PROCESSORS NOT TO BE INTERESTED IN RETAILERS.

NEITHER A LICENSED PRODUCER NOR A LICENSED PROCESSOR SHALL HAVE A DIRECT

OR INDIRECT FINANCIAL INTEREST IN A LICENSED MARIHUANA RETAILER OR A

MARIHUANA RETAILER LICENSE FOR CONSUMPTION ON THE PREMISES.

S 167. ACTIONS TAKEN PURSUANT TO VALID LICENSES ARE LAWFUL. ACTIONS

AND CONDUCT BY A LICENSEE, ITS EMPLOYEES, AND ITS AGENTS AS PERMITTED

 

PURSUANT TO A VALID LICENSE ISSUED BY THE AUTHORITY, OR BY THOSE WHO

ALLOW PROPERTY TO BE USED BY A LICENSEE, ITS EMPLOYEES, AND ITS AGENTS

AS PERMITTED PURSUANT TO A VALID LICENSE ISSUED BY THE AUTHORITY, ARE

NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE UNDER NEW YORK LAW, OR THE LAWS

OF ANY LOCALITY WITHIN NEW YORK, OR BE SUBJECT TO A CIVIL FINE OR BE A

BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER NEW YORK LAW. CONTRACTS

ENTERED INTO FOR THE PURPOSE OF THIS ARTICLE SHALL BE VALID AND ENFORCE-

ABLE.

S 168. GENERAL PROHIBITIONS AND RESTRICTIONS. 1. NO MARIHUANA PRODUCTS

MAY BE IMPORTED OR EXPORTED INTO NEW YORK STATE BY A LICENSEE FROM OR TO

A JURISDICTION IN WHICH POSSESSION, TRANSPORT, DISTRIBUTION OF MARIHUANA

OR OTHER MARIHUANA RELATED CONDUCT REMAINS ILLEGAL UNDER THE LAWS OF

THAT JURISDICTION.

  1. (A) NO PERSON HOLDING ANY LICENSE PURSUANT TO THIS ARTICLE, OTHER

THAN A LICENSE TO SELL MARIHUANA AT RETAIL FOR OFF-PREMISES CONSUMPTION

OR A MARIHUANA RETAILER LICENSE FOR CONSUMPTION ON THE PREMISES, MAY

EMPLOY ANY PERSON WHO HAS BEEN CONVICTED OF A FELONY, OR ANY OF THE

FOLLOWING OFFENSES, UNLESS, SUBSEQUENT TO SUCH CONVICTION, THE PERSON

HAS RECEIVED: (I) AN EXECUTIVE PARDON THEREFOR REMOVING ANY CIVIL DISA-

BILITIES INCURRED THEREBY; (II) A CERTIFICATE OF RELIEF FROM DISABILI-

TIES OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO ARTICLE TWENTY-THREE

OF THE CORRECTION LAW; (III) OTHER RELIEF FROM DISABILITIES PROVIDED BY

LAW; OR (IV) THE WRITTEN APPROVAL OF THE LIQUOR AUTHORITY PERMITTING

SUCH EMPLOYMENT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION:

(A) ILLEGALLY USING, CARRYING OR POSSESSING A PISTOL OR OTHER DANGER-

OUS WEAPON;

(B) MAKING OR POSSESSING BURGLAR’S INSTRUMENTS;

(C) BUYING OR RECEIVING OR CRIMINALLY POSSESSING STOLEN PROPERTY;

(D) UNLAWFUL ENTRY OF A BUILDING;

(E) AIDING ESCAPE FROM PRISON;

(F) UNLAWFULLY POSSESSING OR DISTRIBUTING HABIT FORMING NARCOTIC

DRUGS, OTHER THAN MARIHUANA;

(G) VIOLATING SUBDIVISIONS SIX, TEN OR ELEVEN OF SECTION SEVEN HUNDRED

TWENTY-TWO OF THE FORMER PENAL LAW AS IN FORCE AND EFFECT IMMEDIATELY

PRIOR TO SEPTEMBER FIRST, NINETEEN HUNDRED SIXTY-SEVEN, OR VIOLATING

SECTION 165.25 OR 165.30 OF THE PENAL LAW;

(H) VAGRANCY OR PROSTITUTION; OR

(I) OWNERSHIP, OPERATION, POSSESSION, CUSTODY OR CONTROL OF A STILL

SUBSEQUENT TO JULY FIRST, NINETEEN HUNDRED FIFTY-FOUR.

(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-

SION, IF THE LIQUOR AUTHORITY ISSUES ITS WRITTEN APPROVAL FOR THE

EMPLOYMENT BY A LICENSEE, IN A SPECIFIED CAPACITY, OF A PERSON PREVIOUS-

LY CONVICTED OF A FELONY OR ANY OF THE OFFENSES ABOVE ENUMERATED IN

PARAGRAPH (A) OF THIS SUBDIVISION, SUCH PERSON, MAY, UNLESS HE OR SHE IS

SUBSEQUENTLY CONVICTED OF A FELONY OR ANY OF SUCH OFFENSES, THEREAFTER

BE EMPLOYED IN THE SAME CAPACITY BY ANY OTHER LICENSEE WITHOUT THE

FURTHER WRITTEN APPROVAL OF THE AUTHORITY UNLESS THE PRIOR APPROVAL

GIVEN BY THE AUTHORITY IS TERMINATED.

  1. NO LICENSE OF ANY KIND MAY BE ISSUED TO A PERSON UNDER THE AGE OF

TWENTY-ONE YEARS, NOR SHALL ANY LICENSEE EMPLOY ANYONE UNDER THE AGE OF

TWENTY-ONE YEARS.

S 169. CERTAIN OFFICIALS NOT TO BE INTERESTED IN MANUFACTURE OR SALE

OF MARIHUANA. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTION ONE HUNDRED

TWENTY-EIGHT-A OF THIS CHAPTER, IT SHALL BE UNLAWFUL FOR ANY POLICE

COMMISSIONER, POLICE INSPECTOR, CAPTAIN, SERGEANT, ROUNDSMAN, PATROLMAN

OR OTHER POLICE OFFICIAL OR SUBORDINATE OF ANY POLICE DEPARTMENT IN THE

 

STATE, TO BE EITHER DIRECTLY OR INDIRECTLY INTERESTED IN THE MANUFACTURE

OR SALE OF MARIHUANA OR TO OFFER FOR SALE, OR RECOMMEND TO ANY LICENSEE

ANY MARIHUANA. A PERSON MAY NOT BE DENIED ANY LICENSE GRANTED UNDER THE

PROVISIONS OF SECTIONS FIFTY-FOUR, FIFTY-FIVE, FIFTY-NINE, SIXTY-THREE,

SIXTY-FOUR, SEVENTY-NINE, EIGHTY-ONE, OR ARTICLE SEVEN OF THIS CHAPTER

SOLELY ON THE GROUNDS OF BEING THE SPOUSE OF A PUBLIC SERVANT DESCRIBED

IN THIS SUBDIVISION. THE SOLICITATION OR RECOMMENDATION MADE TO ANY

LICENSEE, TO PURCHASE ANY MARIHUANA BY ANY POLICE OFFICIAL OR SUBORDI-

NATE AS HEREINABOVE DESCRIBED, SHALL BE PRESUMPTIVE EVIDENCE OF THE

INTEREST OF SUCH OFFICIAL OR SUBORDINATE IN THE MANUFACTURE OR SALE OF

MARIHUANA.

  1. NO ELECTIVE VILLAGE OFFICER SHALL BE SUBJECT TO THE LIMITATIONS SET

FORTH IN SUBDIVISION ONE OF THIS SECTION UNLESS SUCH ELECTIVE VILLAGE

OFFICER SHALL BE ASSIGNED DUTIES DIRECTLY RELATING TO THE OPERATION OR

MANAGEMENT OF THE POLICE DEPARTMENT.

S 170. PROVISIONS GOVERNING MARIHUANA LICENSES. WITHIN TWO HUNDRED

FORTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE AUTHORITY SHALL

PERFORM SUCH ACTS, PRESCRIBE SUCH FORMS AND MAKE SUCH RULES, REGULATIONS

AND ORDERS AS IT MAY DEEM NECESSARY OR PROPER FULLY TO EFFECTUATE THE

PROVISIONS OF THIS ARTICLE, INCLUDING THOSE PERTAINING TO:

  1. THE LICENSING OF MARIHUANA PRODUCERS, MARIHUANA PROCESSORS, MARI-

HUANA RETAILERS AND MARIHUANA RETAILERS FOR CONSUMPTION ON THE PREMISES,

INCLUDING PRESCRIBING FORMS AND ESTABLISHING APPLICATION, REINSTATEMENT,

AND RENEWAL FEES;

  1. THE QUALIFICATIONS FOR LICENSURE;
  2. THE BOOKS AND RECORDS TO BE CREATED AND MAINTAINED BY LICENSEES,

THE REPORTS TO BE MADE THEREON TO THE AUTHORITY, AND INSPECTION OF THE

BOOKS AND RECORDS;

  1. METHODS OF PRODUCING, PROCESSING, AND PACKAGING MARIHUANA, MARIHUA-

NA-INFUSED PRODUCTS, AND CONCENTRATED CANNABIS; CONDITIONS OF SANITA-

TION, AND STANDARDS OF INGREDIENTS, QUALITY, AND IDENTITY OF MARIHUANA

PRODUCTS PRODUCED, PROCESSED, PACKAGED, OR SOLD BY LICENSEES;

  1. SECURITY REQUIREMENTS FOR MARIHUANA RETAILERS AND PREMISES WHERE

MARIHUANA PRODUCTS ARE PRODUCED OR PROCESSED, AND SAFETY PROTOCOLS FOR

LICENSEES AND THEIR EMPLOYEES; AND

  1. REQUIREMENTS TO PREVENT THE SALE OR DIVERSION OF MARIHUANA PRODUCTS

TO PERSONS UNDER THE AGE OF TWENTY-ONE.

  1. SUCH REGULATIONS SHALL NOT PROHIBIT THE OPERATION OF MARIHUANA

ESTABLISHMENTS EITHER EXPRESSLY OR THROUGH REGULATIONS THAT MAKE THEIR

OPERATION UNREASONABLY IMPRACTICABLE.

S 171. PROVISIONS GOVERNING MARIHUANA PRODUCERS. 1. NO PRODUCER SHALL

SELL, OR AGREE TO SELL OR DELIVER IN THE STATE ANY MARIHUANA PRODUCTS,

AS THE CASE MAY BE, EXCEPT IN SEALED CONTAINERS CONTAINING QUANTITIES IN

ACCORDANCE WITH SIZE STANDARDS PURSUANT TO RULES ADOPTED BY THE LIQUOR

AUTHORITY. SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY

BE REQUIRED BY THE RULES OF THE LIQUOR AUTHORITY, TOGETHER WITH ALL

NECESSARY NEW YORK STATE EXCISE TAX STAMPS, AS REQUIRED BY LAW.

  1. NO PRODUCER SHALL TRANSPORT MARIHUANA PRODUCTS IN ANY VEHICLE OWNED

AND OPERATED OR HIRED AND OPERATED BY SUCH PRODUCER, UNLESS THERE SHALL

BE ATTACHED TO OR INSCRIBED UPON BOTH SIDES OF SUCH VEHICLE A SIGN,

SHOWING THE NAME AND ADDRESS OF THE LICENSEE, TOGETHER WITH THE FOLLOW-

ING INSCRIPTION: “NEW YORK STATE MARIHUANA PRODUCER LICENSE NO. ..,” IN

UNIFORM LETTERS NOT LESS THAN THREE AND ONE-HALF INCHES IN HEIGHT. IN

LIEU OF SUCH SIGN A PRODUCER MAY HAVE IN THE CAB OF SUCH VEHICLE A

PHOTOSTATIC COPY OF ITS CURRENT LICENSE ISSUED BY THE AUTHORITY, AND

SUCH COPY DULY AUTHENTICATED BY THE AUTHORITY.

 

  1. NO PRODUCER SHALL DELIVER ANY MARIHUANA PRODUCTS, EXCEPT IN VEHI-

CLES OWNED AND OPERATED BY SUCH PRODUCER, OR HIRED AND OPERATED BY SUCH

PRODUCER FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH THE

LIQUOR AUTHORITY, AND SHALL ONLY MAKE DELIVERIES AT THE LICENSED PREM-

ISES OF THE PURCHASER.

  1. EACH PRODUCER SHALL KEEP AND MAINTAIN UPON THE LICENSED PREMISES,

ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS INVOLVING THE PRODUCER

AND SALE OF HIS OR ITS PRODUCTS, WHICH SHALL INCLUDE ALL INFORMATION

REQUIRED BY RULES PROMULGATED BY THE LIQUOR AUTHORITY. EACH SALE SHALL

BE RECORDED SEPARATELY ON A NUMBERED INVOICE, WHICH SHALL HAVE PRINTED

THEREON THE NUMBER, THE NAME OF THE LICENSEE, THE ADDRESS OF THE

LICENSED PREMISES, AND THE CURRENT LICENSE NUMBER. SUCH PRODUCER SHALL

DELIVER TO THE PURCHASER A TRUE DUPLICATE INVOICE STATING THE NAME AND

ADDRESS OF THE PURCHASER, THE QUANTITY PURCHASED, DESCRIPTION AND THE

PRICE OF THE PRODUCT, AND A TRUE, ACCURATE AND COMPLETE STATEMENT OF THE

TERMS AND CONDITIONS ON WHICH SUCH SALE IS MADE. SUCH BOOKS, RECORDS AND

INVOICES SHALL BE KEPT FOR A PERIOD OF TWO YEARS AND SHALL BE AVAILABLE

FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE LIQUOR AUTHORITY.

  1. NO PRODUCER SHALL FURNISH OR CAUSE TO BE FURNISHED TO ANY LICENSEE,

ANY EXTERIOR OR INTERIOR SIGN, PRINTED, PAINTED, ELECTRIC OR OTHERWISE,

EXCEPT AS AUTHORIZED BY THE LIQUOR AUTHORITY. THE LIQUOR AUTHORITY MAY

MAKE SUCH RULES AS IT DEEMS NECESSARY TO CARRY OUT THE PURPOSE AND

INTENT OF THIS SUBDIVISION.

S 172. PROVISIONS GOVERNING PROCESSORS. 1. NO PROCESSOR SHALL BE

ENGAGED IN ANY OTHER BUSINESS ON THE PREMISES TO BE LICENSED; EXCEPT

THAT NOTHING CONTAINED IN THIS CHAPTER SHALL PREVENT A MARIHUANA PRODUC-

ER AND A MARIHUANA PROCESSOR FROM OPERATING ON THE SAME PREMISES AND

FROM A PERSON HOLDING BOTH LICENSES.

  1. NO PROCESSOR SHALL SELL, OR AGREE TO SELL OR DELIVER IN THE STATE

ANY MARIHUANA PRODUCTS, EXCEPT IN A SEALED PACKAGE CONTAINING QUANTITIES

IN ACCORDANCE WITH SIZE STANDARDS PURSUANT TO RULES ADOPTED BY THE

LIQUOR AUTHORITY. SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS

AS MAY BE REQUIRED BY THE RULES OF THE LIQUOR AUTHORITY, TOGETHER WITH

ALL NECESSARY NEW YORK STATE EXCISE TAX STAMPS, AS REQUIRED BY LAW.

  1. EACH PROCESSOR SHALL HAVE PAINTED ON THE FRONT WINDOW OF THE

LICENSED PREMISES, OR IF THERE BE NO WINDOW, ON A SIGN AFFIXED TO THE

FRONT OF THE BUILDING CONTAINING SAID LICENSED PREMISES, THE NAME OF THE

LICENSEE TOGETHER WITH THE INSCRIPTION, “NEW YORK STATE MARIHUANA

PROCESSOR OR MARIHUANA PROCESSOR LICENSE NUMBER ________________”; AS

THE CASE MAY BE, IN UNIFORM LETTERS NOT LESS THAN THREE AND ONE-HALF

INCHES IN HEIGHT.

  1. NO PROCESSOR SHALL TRANSPORT MARIHUANA PRODUCTS IN ANY VEHICLE

OWNED AND OPERATED OR HIRED AND OPERATED BY SUCH PROCESSOR, UNLESS THERE

SHALL BE ATTACHED TO OR INSCRIBED UPON BOTH SIDES OF SUCH VEHICLE A

SIGN, SHOWING THE NAME AND ADDRESS OF THE LICENSEE, TOGETHER WITH THE

FOLLOWING INSCRIPTION: “NEW YORK STATE MARIHUANA PROCESSOR OR MARIHUANA

PROCESSOR LICENSE NUMBER …………….. , ” AS THE CASE MAY BE, IN

UNIFORM LETTERS NOT LESS THAN THREE AND ONE-HALF INCHES IN HEIGHT. IN

LIEU OF SUCH SIGN, A PROCESSOR MAY HAVE IN THE CAB OF SUCH VEHICLE A

PHOTOSTATIC COPY OF ITS CURRENT LICENSE ISSUED BY THE AUTHORITY, AND

SUCH COPY DULY AUTHENTICATED BY THE AUTHORITY.

  1. NO PROCESSOR SHALL DELIVER ANY PRODUCTS, EXCEPT IN VEHICLES OWNED

AND OPERATED BY SUCH PROCESSOR, OR HIRED AND OPERATED BY SUCH PROCESSOR

FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH THE LIQUOR

AUTHORITY, AND SHALL ONLY MAKE DELIVERIES AT THE LICENSED PREMISES OF

THE PURCHASER.

 

  1. EACH PROCESSOR SHALL KEEP AND MAINTAIN UPON THE LICENSED PREMISES,

ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS INVOLVING THE BUSINESS

TRANSACTED BY SUCH PROCESSOR, WHICH SHALL SHOW THE AMOUNT OF MARIHUANA

PRODUCTS, PURCHASED BY SUCH PROCESSOR TOGETHER WITH THE NAMES, LICENSE

NUMBERS AND PLACES OF BUSINESS OF THE PERSONS FROM WHOM THE SAME WAS

PURCHASED AND THE AMOUNT INVOLVED IN SUCH PURCHASES, AS WELL AS THE

AMOUNT OF MARIHUANA PRODUCTS SOLD BY SUCH PROCESSOR TOGETHER WITH THE

NAMES, ADDRESSES, AND LICENSE NUMBERS OF SUCH PURCHASERS. EACH SALE

SHALL BE RECORDED SEPARATELY ON A NUMBERED INVOICE, WHICH SHALL HAVE

PRINTED THEREON THE NUMBER, THE NAME OF THE LICENSEE, THE ADDRESS OF THE

LICENSED PREMISES, AND THE CURRENT LICENSE NUMBER. SUCH PROCESSOR SHALL

DELIVER TO THE PURCHASER A TRUE DUPLICATE INVOICE STATING THE NAME AND

ADDRESS OF THE PURCHASER, QUANTITY PURCHASED, DESCRIPTION AND THE PRICE

OF THE PRODUCT, AND A TRUE, ACCURATE AND COMPLETE STATEMENT OF THE TERMS

AND CONDITIONS ON WHICH SUCH SALE IS MADE. SUCH BOOKS, RECORDS AND

INVOICES SHALL BE KEPT FOR A PERIOD OF TWO YEARS AND SHALL BE AVAILABLE

FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE LIQUOR AUTHORITY.

  1. NO PROCESSOR SHALL FURNISH OR CAUSE TO BE FURNISHED TO ANY LICEN-

SEE, ANY EXTERIOR OR INTERIOR SIGN, PRINTED, PAINTED, ELECTRIC OR OTHER-

WISE, UNLESS AUTHORIZED BY THE LIQUOR AUTHORITY.

S 173. PROVISIONS GOVERNING MARIHUANA RETAILERS. 1. NO RETAIL LICENSE

SHALL BE GRANTED FOR ANY PREMISES, UNLESS THE APPLICANT SHALL BE THE

OWNER THEREOF, OR SHALL BE IN POSSESSION OF SAID PREMISES UNDER A LEASE,

MANAGEMENT AGREEMENT OR OTHER AGREEMENT GIVING THE APPLICANT CONTROL

OVER THE PREMISES, IN WRITING, FOR A TERM NOT LESS THAN THE LICENSE

PERIOD.

  1. NO PREMISES SHALL BE LICENSED TO SELL MARIHUANA PRODUCTS, UNLESS

SAID PREMISES SHALL BE LOCATED IN A STORE, THE PRINCIPAL ENTRANCE TO

WHICH SHALL BE FROM THE STREET LEVEL AND LOCATED ON A PUBLIC THOROUGH-

FARE IN PREMISES WHICH MAY BE OCCUPIED, OPERATED OR CONDUCTED FOR BUSI-

NESS, TRADE OR INDUSTRY OR ON AN ARCADE OR SUB-SURFACE THOROUGHFARE

LEADING TO A RAILROAD TERMINAL. THERE MAY BE NOT MORE THAN ONE ADDI-

TIONAL ENTRANCE WHICH SHALL BE FROM THE STREET LEVEL AND LOCATED ON AND

GIVING ACCESS TO AND FROM A PUBLIC OR PRIVATE PARKING LOT OR PARKING

AREA HAVING SPACE FOR NOT LESS THAN FIVE AUTOMOBILES.

  1. NO MARIHUANA RETAIL LICENSE SHALL BE GRANTED FOR ANY PREMISES WHICH

A LICENSE WOULD NOT BE ALLOWED TO SELL AT RETAIL FOR CONSUMPTION OF

ALCOHOL OFF THE PREMISES BASED ON ITS PROXIMITY TO A BUILDING OCCUPIED

EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP

PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.

  1. NO MARIHUANA RETAIL LICENSEE SHALL OFFER FOR SALE ANY MARIHUANA

PRODUCTS IN ANY OTHER CONTAINER, EXCEPT IN THE ORIGINAL SEALED PACKAGE,

AS RECEIVED FROM THE PRODUCER OR PROCESSOR. SUCH CONTAINERS SHALL HAVE

AFFIXED THERETO SUCH LABELS AS MAY BE REQUIRED BY THE RULES OF THE

LIQUOR AUTHORITY, TOGETHER WITH ALL NEW YORK STATE EXCISE TAX STAMPS, AS

REQUIRED BY LAW. SUCH CONTAINERS SHALL NOT BE OPENED NOR ITS CONTENTS

CONSUMED ON THE PREMISES WHERE SOLD.

  1. NO MARIHUANA RETAIL LICENSEE SHALL SELL OR TRANSFER MARIHUANA

PRODUCTS TO ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS.

  1. NO MARIHUANA RETAIL LICENSEE SHALL SELL ALCOHOLIC BEVERAGES ON THE

SAME PREMISES WHERE MARIHUANA PRODUCTS ARE SOLD.

  1. EACH PERSON LICENSED AS A MARIHUANA RETAILER SHALL HAVE PAINTED ON

THE FRONT WINDOW OF THE LICENSED PREMISES, THE NAME OF THE LICENSEE

TOGETHER WITH THE INSCRIPTION, “NEW YORK STATE RETAIL MARIHUANA STORE

LICENSE NO. ………,” AS THE CASE MAY BE, IN UNIFORM LETTERS NOT LESS

THAN THREE AND ONE-HALF INCHES IN HEIGHT.

 

  1. NO SIGN OF ANY KIND PRINTED, PAINTED OR ELECTRIC, ADVERTISING ANY

BRAND SHALL BE PERMITTED ON THE EXTERIOR OR INTERIOR OF SUCH PREMISES,

EXCEPT BY PERMISSION OF THE LIQUOR AUTHORITY.

  1. NO RETAIL LICENSEE SHALL TRANSPORT MARIHUANA PRODUCTS IN ANY VEHI-

CLE OWNED AND OPERATED OR HIRED AND OPERATED BY SUCH RETAIL LICENSEE,

EXCEPT PRODUCTS TRANSPORTED TO THE HOME OF A PURCHASER NOT TO BE RESOLD

BY THE PURCHASER, UNLESS THERE SHALL BE ATTACHED TO OR INSCRIBED UPON

BOTH SIDES OF SUCH VEHICLE A SIGN, SHOWING THE NAME AND ADDRESS OF THE

LICENSEE TOGETHER WITH THE FOLLOWING INSCRIPTION, “NEW YORK STATE RETAIL

MARIHUANA STORE LICENSE NO. . . . . . . . . . ,” AS THE CASE MAY BE, IN

UNIFORM LETTERS NOT LESS THAN THREE AND ONE-HALF INCHES IN HEIGHT,

EXCEPT DELIVERIES MAY BE MADE IN PASSENGER TYPE VEHICLES OWNED BY THE

LICENSEE AND OPERATED BY THE LICENSEE OR HIS OR HER AGENT, OR HIRED BY

THE LICENSEE AND OPERATED BY THE LICENSEE OR HIS OR HER AGENT, PROVIDED

THE PERSON MAKING THE DELIVERY SHALL HAVE UPON HIS OR HER PERSON WHILE

SO DELIVERING A PHOTOSTATIC COPY OF THE CURRENT LICENSE ISSUED BY THE

AUTHORITY. IN LIEU OF SUCH SIGN, A RETAIL LICENSEE MAY HAVE IN THE CAB

OF SUCH VEHICLE A PHOTOSTATIC COPY OF ITS CURRENT LICENSE ISSUED BY THE

AUTHORITY, AND SUCH COPY DULY AUTHENTICATED BY THE AUTHORITY.

  1. NO RETAIL LICENSEE SHALL DELIVER ANY MARIHUANA PRODUCTS EXCEPT IN

VEHICLES OWNED AND OPERATED BY SUCH LICENSEE, OR HIRED AND OPERATED BY

SUCH LICENSEE FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH

THE LIQUOR AUTHORITY, AND SHALL ONLY MAKE SUCH DELIVERIES AT THE PREM-

ISES OF THE PURCHASER.

  1. NO RETAIL LICENSEE SHALL KEEP OR PERMIT TO BE KEPT UPON THE

LICENSED PREMISES, ANY MARIHUANA PRODUCTS IN ANY UNSEALED CONTAINER.

  1. NO RETAIL LICENSEE SHALL SELL OR DELIVER ANY MARIHUANA PRODUCTS TO

ANY PERSON WITH KNOWLEDGE OF, OR WITH REASONABLE CAUSE TO BELIEVE, THAT

THE PERSON TO WHOM SUCH MARIHUANA PRODUCTS, HAS ACQUIRED THE SAME FOR

THE PURPOSE OF PEDDLING THEM FROM PLACE TO PLACE, OR OF SELLING OR

GIVING THEM AWAY IN VIOLATION OF THE PROVISIONS OF THIS CHAPTER OR IN

VIOLATION OF THE RULES AND REGULATIONS OF THE LIQUOR AUTHORITY.

  1. NO PREMISES LICENSED AS A MARIHUANA RETAILER SHALL BE PERMITTED TO

REMAIN OPEN DURING A TIME WHEN A PREMISES LICENSED TO SELL LIQUOR AND/OR

WINE FOR OFF-PREMISES CONSUMPTION IS NOT PERMITTED TO REMAIN OPEN PURSU-

ANT TO THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.

  1. EACH MARIHUANA RETAIL LICENSEE SHALL KEEP AND MAINTAIN UPON THE

LICENSED PREMISES, ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS

INVOLVING THE BUSINESS TRANSACTED BY SUCH LICENSEE, WHICH SHALL SHOW THE

AMOUNT OF MARIHUANA PRODUCTS, PURCHASED BY SUCH LICENSEE TOGETHER WITH

THE NAMES, LICENSE NUMBERS AND PLACES OF BUSINESS OF THE PERSONS FROM

WHOM THE SAME WERE PURCHASED, AND THE AMOUNT INVOLVED IN SUCH PURCHASES,

AS WELL AS THE AMOUNT OF MARIHUANA PRODUCTS, SOLD BY SUCH LICENSEE, AND

THE AMOUNT INVOLVED IN EACH SALE. SUCH BOOKS AND RECORDS SHALL BE AVAIL-

ABLE FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE LIQUOR

AUTHORITY.

  1. NO MARIHUANA RETAIL LICENSEE SHALL BE INTERESTED, DIRECTLY OR

INDIRECTLY, IN ANY PREMISES WHERE MARIHUANA PRODUCTS ARE PRODUCED OR

PROCESSED OR ANY OTHER PREMISES WHERE MARIHUANA PRODUCTS ARE SOLD AT

RETAIL, BY STOCK OWNERSHIP, INTERLOCKING DIRECTORS, MORTGAGE OR LIEN ON

ANY PERSONAL OR REAL PROPERTY OR BY ANY OTHER MEANS.

  1. NO MARIHUANA RETAIL LICENSEE SHALL MAKE OR CAUSE TO BE MADE ANY

LOAN TO ANY PERSON ENGAGED IN THE PRODUCTION, PROCESSING OR SALE OF

MARIHUANA PRODUCTS.

  1. ALL PREMISES LICENSED UNDER THIS SECTION SHALL BE SUBJECT TO

INSPECTION BY ANY PEACE OFFICER DESCRIBED IN SUBDIVISION FOUR OF SECTION

 

2.10 OF THE CRIMINAL PROCEDURE LAW ACTING PURSUANT TO HIS OR HER SPECIAL

DUTIES, OR POLICE OFFICER OR ANY DULY AUTHORIZED REPRESENTATIVE OF THE

LIQUOR AUTHORITY, DURING THE HOURS WHEN THE SAID PREMISES ARE OPEN FOR

THE TRANSACTION OF BUSINESS.

S 174. PROVISIONS GOVERNING MARIHUANA RETAILERS FOR CONSUMPTION ON

PREMISES. 1. NO MARIHUANA RETAILER LICENSE FOR CONSUMPTION ON PREMISES

SHALL BE GRANTED FOR A PREMISES LOCATED IN WHOLE OR IN PART INSIDE THE

BOUNDARIES OF ANY CITY, VILLAGE OR TOWN, UNLESS THE LOCAL LEGISLATIVE

BODY OF SUCH CITY, VILLAGE OR TOWN, BY RESOLUTION, EXPRESSLY AUTHORIZES

THE LICENSING OF SUCH FACILITIES IN SUCH CITY, VILLAGE OR TOWN. THE

LOCAL LEGISLATIVE BODY MAY DIRECT AN APPROPRIATE OFFICER, BOARD OR BODY

OF SUCH CITY, VILLAGE OR TOWN AS THE LOCAL LICENSING AUTHORITY TO

AUTHORIZE INDIVIDUAL MARIHUANA FACILITY LICENSE APPLICATIONS. IN CITIES

OF ONE MILLION OR MORE RESIDENTS, SHOULD THE LOCAL LEGISLATIVE BODY

AUTHORIZE SUCH LICENSE, NO MARIHUANA RETAILER LICENSE FOR CONSUMPTION ON

PREMISES SHALL BE GRANTED UNLESS THE COMMUNITY BOARD ESTABLISHED PURSU-

ANT TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH

JURISDICTION OVER THE AREA IN WHICH THE PREMISES WILL BE LOCATED SHALL

ALSO AUTHORIZE SUCH LICENSE.

  1. NO MARIHUANA RETAILER LICENSE FOR ON-PREMISES CONSUMPTION SHALL BE

GRANTED FOR ANY PREMISES, UNLESS THE APPLICANT SHALL BE THE OWNER THERE-

OF, OR SHALL BE IN POSSESSION OF SAID PREMISES UNDER A LEASE, IN WRIT-

ING, FOR A TERM NOT LESS THAN THE LICENSE PERIOD EXCEPT, HOWEVER, THAT

SUCH LICENSE MAY THEREAFTER BE RENEWED WITHOUT THE REQUIREMENT OF A

LEASE AS HEREIN PROVIDED. THIS SUBDIVISION SHALL NOT APPLY TO PREMISES

LEASED FROM GOVERNMENT AGENCIES, AS DEFINED UNDER SUBDIVISION TWELVE-C

OF SECTION THREE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT THE APPROPRI-

ATE ADMINISTRATOR OF SUCH GOVERNMENT AGENCY PROVIDES SOME FORM OF WRIT-

TEN DOCUMENTATION REGARDING THE TERMS OF OCCUPANCY UNDER WHICH THE

APPLICANT IS LEASING SAID PREMISES FROM THE GOVERNMENT AGENCY FOR PRES-

ENTATION TO THE STATE LIQUOR AUTHORITY AT THE TIME OF THE LICENSE APPLI-

CATION. SUCH DOCUMENTATION SHALL INCLUDE THE TERMS OF OCCUPANCY BETWEEN

THE APPLICANT AND THE GOVERNMENT AGENCY, INCLUDING, BUT NOT LIMITED TO,

ANY SHORT-TERM LEASING AGREEMENTS OR WRITTEN OCCUPANCY AGREEMENTS.

  1. NO MARIHUANA RETAILER LICENSE FOR ON-PREMISES CONSUMPTION SHALL BE

GRANTED FOR ANY PREMISES WHERE A LICENSE WOULD NOT BE ALLOWED TO SELL AT

RETAIL FOR CONSUMPTION OF ALCOHOL ON THE PREMISES BASED ON ITS PROXIMITY

TO A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR

OTHER PLACE OF WORSHIP PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED

FIVE OF THIS CHAPTER.

  1. THE AUTHORITY MAY CONSIDER ANY OR ALL OF THE FOLLOWING IN DETERMIN-

ING WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST

WILL BE PROMOTED BY THE GRANTING OF LICENSES AND PERMITS FOR RETAIL

LICENSE FOR ON-PREMISES CONSUMPTION AT A PARTICULAR UNLICENSED LOCATION:

(A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE

LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF.

(B) EVIDENCE THAT ALL NECESSARY LICENSES AND PERMITS HAVE BEEN

OBTAINED FROM THE STATE AND ALL OTHER GOVERNING BODIES.

(C) EFFECT OF THE GRANT OF THE LICENSE ON VEHICULAR TRAFFIC AND PARK-

ING IN PROXIMITY TO THE LOCATION.

(D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE

LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES.

(E) THE HISTORY OF MARIHUANA VIOLATIONS AND REPORTED CRIMINAL ACTIVITY

AT THE PROPOSED PREMISES.

 

(F) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT

TO DETERMINE THE PUBLIC CONVENIENCE AND ADVANTAGE AND PUBLIC INTEREST OF

THE COMMUNITY.

  1. IF THE AUTHORITY SHALL DISAPPROVE AN APPLICATION FOR A LICENSE OR

PERMIT, IT SHALL STATE AND FILE IN ITS OFFICES THE REASONS THEREFOR AND

SHALL NOTIFY THE APPLICANT THEREOF. SUCH APPLICANT MAY THEREUPON APPLY

TO THE AUTHORITY FOR A REVIEW OF SUCH ACTION IN A MANNER TO BE

PRESCRIBED BY THE RULES OF THE AUTHORITY. A HEARING UPON NOTICE TO THE

APPLICANT SHALL THEREUPON BE HELD BY THE AUTHORITY OR BY ONE OF ITS

MEMBERS AT ITS OFFICE MOST CONVENIENTLY SITUATED TO THE OFFICE OF ITS

DULY AUTHORIZED REPRESENTATIVE IN A MANNER TO BE PRESCRIBED IN ITS

RULES; AND ON SUCH HEARING PROOF MAY BE TAKEN BY ORAL TESTIMONY OR BY

AFFIDAVIT RELATIVE THERETO. AFTER SUCH HEARING, IF THE AUTHORITY

CONFIRMS SUCH DISAPPROVAL, IT SHALL ENDORSE SUCH APPLICATION ACCORDINGLY

AND SHALL SEND NOTICE TO THE APPLICANT OF ITS ACTION IN SUCH FORM AS THE

AUTHORITY MAY PRESCRIBE. IF THE AUTHORITY DOES NOT CONFIRM THE DISAP-

PROVAL ACTION IT MAY GRANT SUCH APPLICATION AND ISSUE SUCH LICENSE.

  1. NO MARIHUANA RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION, EXCEPT

PERSONS OR CORPORATIONS OPERATING A HOTEL, AS DEFINED IN SUBDIVISION

FOURTEEN OF SECTION THREE OF THIS CHAPTER, FOR EXCLUSIVE USE IN THE

FURNISHING OF ROOM SERVICE IN THE MANNER PRESCRIBED BY RULE OR REGU-

LATION OF THE STATE LIQUOR AUTHORITY, SHALL KEEP UPON THE LICENSED PREM-

ISES ANY MARIHUANA PRODUCTS, EXCEPT THOSE PURCHASED FROM A LICENSED

PRODUCER, AND IN CONTAINERS APPROVED BY THE LIQUOR AUTHORITY. SUCH

CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY BE REQUIRED BY

THE RULES OF THE LIQUOR AUTHORITY, TOGETHER WITH ALL NECESSARY EXCISE

STAMPS AS REQUIRED BY LAW. NO MARIHUANA RETAIL LICENSEE FOR ON-PREMISES

CONSUMPTION SHALL REUSE, REFILL, TAMPER WITH, ADULTERATE, DILUTE OR

FORTIFY THE CONTENTS OF ANY CONTAINER OF MARIHUANA PRODUCTS AS RECEIVED

FROM THE MANUFACTURER OR WHOLESALER.

  1. NO MARIHUANA RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL

SELL, DELIVER OR GIVE AWAY, OR CAUSE OR PERMIT OR PROCURE TO BE SOLD,

DELIVERED OR GIVEN AWAY ANY MARIHUANA FOR CONSUMPTION ON THE PREMISES

WHERE SOLD IN A CONTAINER OR PACKAGE CONTAINING MORE THAN ONE GRAM OF

MARIHUANA.

  1. NO MARIHUANA PRODUCTS SHALL BE SOLD, OFFERED FOR SALE OR GIVEN AWAY

UPON ANY PREMISES LICENSED TO SELL MARIHUANA PRODUCTS FOR ON-PREMISES

CONSUMPTION, DURING THE FOLLOWING HOURS: (A) SUNDAY, FROM FOUR ANTE

MERIDIEM TO TWELVE NOON; OR (B) ON ANY OTHER DAY BETWEEN FOUR ANTE MERI-

DIEM AND EIGHT ANTE MERIDIEM. IF APPROVED BY THE AUTHORITY OR RULE

HAVING BEEN ADOPTED IN A COUNTY, FURTHER RESTRICTIONS OF HOURS OF SALE

FOR MARIHUANA PRODUCTS SHALL BE ENFORCEABLE, SUCH RESTRICTED HOURS SHALL

BE THE HOURS, DURING WHICH THE SALE OF MARIHUANA PRODUCTS FOR ON-PREMIS-

ES CONSUMPTION SHALL NOT BE PERMITTED WITHIN SUCH COUNTY. NOR SHALL ANY

PERSON BE PERMITTED TO CONSUME ANY MARIHUANA PRODUCTS UPON ANY SUCH

PREMISES LATER THAN ONE-HALF HOUR AFTER THE START OF THE PROHIBITED

HOURS OF SALE PROVIDED FOR IN THIS SECTION.

  1. NO PERSON LICENSED TO SELL MARIHUANA PRODUCTS FOR ON-PREMISES

CONSUMPTIONS SHALL SUFFER OR PERMIT ANY GAMBLING ON THE LICENSED PREM-

ISES, OR SUFFER OR PERMIT SUCH PREMISES TO BECOME DISORDERLY. THE USE OF

THE LICENSED PREMISES, OR ANY PART THEREOF, FOR THE SALE OF LOTTERY

TICKETS, PLAYING OF BINGO OR GAMES OF CHANCE, OR AS A SIMULCAST FACILITY

OR SIMULCAST THEATER PURSUANT TO THE RACING, PARI-MUTUEL WAGERING AND

BREEDING LAW, WHEN DULY AUTHORIZED AND LAWFULLY CONDUCTED THEREON, SHALL

NOT CONSTITUTE GAMBLING WITHIN THE MEANING OF THIS SUBDIVISION.

 

(A) NO MARIHUANA RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL

SUFFER OR PERMIT ANY PERSON TO APPEAR ON LICENSED PREMISES IN SUCH

MANNER OR ATTIRE AS TO EXPOSE TO VIEW ANY PORTION OF THE PUBIC AREA,

ANUS, VULVA OR GENITALS, OR ANY SIMULATION THEREOF, NOR SHALL SUFFER OR

PERMIT ANY FEMALE TO APPEAR ON LICENSED PREMISES IN SUCH MANNER OR

ATTIRE AS TO EXPOSE TO VIEW ANY PORTION OF THE BREAST BELOW THE TOP OF

THE AREOLA, OR ANY SIMULATION THEREOF.

(B) NO MARIHUANA RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL

SUFFER OR PERMIT ANY CONTEST OR PROMOTION WHICH ENDANGERS THE HEALTH,

SAFETY, AND WELFARE OF ANY PERSON WITH DWARFISM. ANY LICENSEE IN

VIOLATION OF THIS SECTION SHALL BE SUBJECT TO THE SUSPENSION OR REVOCA-

TION OF SAID LICENSEE’S LICENSE TO SELL MARIHUANA PRODUCTS FOR ON-PREM-

ISES CONSUMPTION. FOR THE PURPOSES OF THIS SECTION, THE TERM “DWARFISM”

MEANS A CONDITION OF BEING ABNORMALLY SMALL WHICH IS CAUSED BY HEREDITY,

ENDOCRINE DYSFUNCTION, RENAL INSUFFICIENCY OR DEFICIENCY OR SKELETAL

DISEASES THAT RESULT IN DISPROPORTIONATE SHORT STATURE AND ADULT HEIGHT

OF LESS THAN FOUR FEET TEN INCHES.

(C) NO RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL SUFFER,

PERMIT OR PROMOTE AN EVENT ON ITS PREMISES WHEREIN THE CONTESTANTS

DELIVER, OR ARE NOT FORBIDDEN BY THE APPLICABLE RULES THEREOF FROM

DELIVERING KICKS, PUNCHES OR BLOWS OF ANY KIND TO THE BODY OF AN OPPO-

NENT OR OPPONENTS, WHETHER OR NOT THE EVENT CONSISTS OF A PROFESSIONAL

MATCH OR EXHIBITION, AND WHETHER OR NOT THE EVENT OR ANY SUCH ACT, OR

BOTH, IS DONE FOR COMPENSATION; PROVIDED, HOWEVER, THAT THIS PROHIBITION

SHALL NOT BE APPLIED TO ANY PROFESSIONAL MATCH OR EXHIBITION WHICH

CONSISTS OF BOXING, SPARRING, WRESTLING, OR MARTIAL ARTS AND WHICH IS

EXCEPTED FROM THE DEFINITION OF THE TERM “COMBATIVE SPORT” CONTAINED IN

SUBDIVISION ONE OF SECTION FIVE-A OF CHAPTER NINE HUNDRED TWELVE OF THE

LAWS OF NINETEEN HUNDRED TWENTY.

(D) IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, A VIOLATION OF

THIS SUBDIVISION SHALL CONSTITUTE AN ADEQUATE GROUND FOR INSTITUTING A

PROCEEDING TO SUSPEND, CANCEL OR REVOKE THE LICENSE OF THE VIOLATOR IN

ACCORDANCE WITH THE APPLICABLE PROCEDURES SPECIFIED IN SECTION ONE

HUNDRED NINETEEN OF THIS CHAPTER.

  1. EXCEPT WHERE A PERMIT TO DO SO IS OBTAINED PURSUANT TO SECTION

405.10 OF THE PENAL LAW, NO RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION

SHALL SUFFER, PERMIT, OR PROMOTE AN EVENT ON ITS PREMISES WHEREIN ANY

PERSON SHALL USE, EXPLODE, OR CAUSE TO EXPLODE, ANY FIREWORKS OR OTHER

PYROTECHNICS IN A BUILDING AS DEFINED IN PARAGRAPH E OF SUBDIVISION ONE

OF SECTION 405.10 OF THE PENAL LAW, THAT IS COVERED BY SUCH LICENSE OR

POSSESS SUCH FIREWORKS OR PYROTECHNICS FOR SUCH PURPOSE. IN ADDITION TO

ANY OTHER PENALTY PROVIDED BY LAW, A VIOLATION OF THIS SUBDIVISION SHALL

CONSTITUTE AN ADEQUATE GROUND FOR INSTITUTING A PROCEEDING TO SUSPEND,

CANCEL, OR REVOKE THE LICENSE OF THE VIOLATOR IN ACCORDANCE WITH THE

APPLICABLE PROCEDURES SPECIFIED IN SECTION ONE HUNDRED NINETEEN OF THIS

CHAPTER; PROVIDED HOWEVER, IF MORE THAN ONE LICENSEE IS PARTICIPATING IN

A SINGLE EVENT, UPON APPROVAL BY THE AUTHORITY, ONLY ONE LICENSEE MUST

OBTAIN SUCH PERMIT.

  1. NO RESTAURANT AND NO PREMISES LICENSED TO SELL MARIHUANA PRODUCTS

FOR ON-PREMISES CONSUMPTION UNDER PARAGRAPH (A) OF SUBDIVISION SIX OF

SECTION SIXTY-FOUR-A OF THIS CHAPTER SHALL BE PERMITTED TO HAVE ANY

OPENING OR MEANS OF ENTRANCE OR PASSAGEWAY FOR PERSONS OR THINGS BETWEEN

THE LICENSED PREMISES AND ANY OTHER ROOM OR PLACE IN THE BUILDING

CONTAINING THE LICENSED PREMISES, OR ANY ADJOINING OR ABUTTING PREMISES,

UNLESS INGRESS AND EGRESS IS RESTRICTED BY AN EMPLOYEE, AGENT OF THE

LICENSEE, OR OTHER APPROVED METHOD OF CONTROLLING ACCESS TO THE FACILI-

 

TY, OR UNLESS SUCH PREMISES ARE A BONA FIDE RESTAURANT WITH SUCH ACCESS

FOR PATRONS AND GUESTS FROM ANY PART OF SUCH BUILDING OR ADJOINING OR

ABUTTING PREMISES AS SHALL SERVE PUBLIC CONVENIENCE IN A REASONABLE AND

SUITABLE MANNER; OR UNLESS SUCH LICENSED PREMISES ARE IN A BUILDING

OWNED OR OPERATED BY ANY COUNTY, TOWN, CITY, VILLAGE OR PUBLIC AUTHORITY

OR AGENCY, IN A PARK OR OTHER SIMILAR PLACE OF PUBLIC ACCOMMODATION. ALL

GLASS IN ANY WINDOW OR DOOR ON SAID LICENSED PREMISES SHALL BE CLEAR AND

SHALL NOT BE OPAQUE, COLORED, STAINED OR FROSTED.

  1. A VESSEL LICENSED TO SELL MARIHUANA PRODUCTS FOR ON-PREMISES

CONSUMPTION SHALL NOT BE PERMITTED TO SELL ANY MARIHUANA PRODUCTS, WHILE

SAID VESSEL IS MOORED TO A PIER OR DOCK, EXCEPT THAT VESSELS SAILING ON

ESTABLISHED SCHEDULES SHALL BE PERMITTED TO SELL MARIHUANA PRODUCTS FOR

A PERIOD OF THREE HOURS PRIOR TO THE REGULAR ADVERTISED SAILING TIME.

  1. EACH RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL KEEP AND

MAINTAIN UPON THE LICENSED PREMISES, ADEQUATE RECORDS OF ALL TRANS-

ACTIONS INVOLVING THE BUSINESS TRANSACTED BY SUCH LICENSEE WHICH SHALL

SHOW THE AMOUNT OF MARIHUANA PRODUCTS, IN AN APPLICABLE METRIC MEASURE-

MENT, PURCHASED BY SUCH LICENSEE TOGETHER WITH THE NAMES, LICENSE

NUMBERS AND PLACES OF BUSINESS OF THE PERSONS FROM WHOM THE SAME WERE

PURCHASED, THE AMOUNT INVOLVED IN SUCH PURCHASES, AS WELL AS THE SALES

OF MARIHUANA PRODUCTS MADE BY SUCH LICENSEE. THE LIQUOR AUTHORITY IS

HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS PERMITTING AN

ON-PREMISES LICENSEE OPERATING TWO OR MORE PREMISES SEPARATELY LICENSED

TO SELL MARIHUANA PRODUCTS FOR ON-PREMISES CONSUMPTION TO INAUGURATE OR

RETAIN IN THIS STATE METHODS OR PRACTICES OF CENTRALIZED ACCOUNTING,

BOOKKEEPING, CONTROL RECORDS, REPORTING, BILLING, INVOICING OR PAYMENT

RESPECTING PURCHASES, SALES OR DELIVERIES OF MARIHUANA PRODUCTS, OR

METHODS AND PRACTICES OF CENTRALIZED RECEIPT OR STORAGE OF MARIHUANA

PRODUCTS WITHIN THIS STATE WITHOUT SEGREGATION OR EARMARKING FOR ANY

SUCH SEPARATELY LICENSED PREMISES, WHEREVER SUCH METHODS AND PRACTICES

ASSURE THE AVAILABILITY, AT SUCH LICENSEE’S CENTRAL OR MAIN OFFICE IN

THIS STATE, OF DATA REASONABLY NEEDED FOR THE ENFORCEMENT OF THIS CHAP-

TER. SUCH RECORDS SHALL BE AVAILABLE FOR INSPECTION BY ANY AUTHORIZED

REPRESENTATIVE OF THE LIQUOR AUTHORITY.

  1. NO RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL BE INTER-

ESTED, DIRECTLY OR INDIRECTLY, IN ANY PREMISES WHERE MARIHUANA PRODUCTS

ARE MANUFACTURED OR SOLD AT WHOLESALE, BY STOCK OWNERSHIP, INTERLOCKING

DIRECTORS, MORTGAGE OR LIEN ON ANY PERSONAL OR REAL PROPERTY OR BY ANY

OTHER MEANS.

  1. NO RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL MAKE OR CAUSE

TO BE MADE ANY LOAN TO ANY PERSON ENGAGED IN THE MANUFACTURE OR SALE OF

MARIHUANA PRODUCTS AT WHOLESALE.

  1. ALL RETAIL LICENSED PREMISES SHALL BE SUBJECT TO INSPECTION BY ANY

PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE

OFFICER AND BY THE DULY AUTHORIZED REPRESENTATIVES OF THE LIQUOR AUTHOR-

ITY, DURING THE HOURS WHEN THE SAID PREMISES ARE OPEN FOR THE TRANS-

ACTION OF BUSINESS.

  1. A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL NOT PROVIDE

MARIHUANA PRODUCTS TO ANY PERSON UNDER THE AGE OF TWENTY-ONE OR TO ANY

PERSON WHO IS VISIBLY IMPAIRED.

S 175. ADVERTISING AND FORMS OF THE ISSUANCE OF LICENSES. 1. THE

LIQUOR AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-

LATIONS GOVERNING THE ADVERTISING OF MARIHUANA PRODUCERS, MARIHUANA

PROCESSORS, MARIHUANA RETAILERS, AND ANY MARIHUANA RELATED PRODUCTS OR

SERVICES, INCLUDING RESTRICTING ADVERTISEMENTS FOR MARIHUANA PRODUCTS

 

DESIGNED TO APPEAL TO CHILDREN OR THE PLACEMENT OF ADVERTISEMENTS IN

VENUES WHERE SUCH ADVERTISEMENTS MAY BE VIEWED BY CHILDREN.

  1. NO LICENSEE SHALL PLACE OR MAINTAIN A COMMERCIAL ADVERTISEMENT FOR

MARIHUANA PRODUCTS WITHIN ONE THOUSAND FEET OF A SCHOOL, RECREATION

CENTER OR FACILITY, CHILD CARE CENTER, PUBLIC PARK, OR PUBLIC LIBRARY.

  1. EVERY PERSON PROCURING A LICENSE HEREUNDER MUST PUBLISH A NOTICE

THEREOF IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE

AUTHORITY.

S 176. PACKAGING OF MARIHUANA PRODUCTS. 1. THE LIQUOR AUTHORITY IS

HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS GOVERNING THE

PACKAGING OF MARIHUANA PRODUCTS, SOLD OR POSSESSED FOR SALE IN NEW YORK

STATE.

  1. SUCH REGULATIONS SHALL INCLUDE REQUIRING PACKAGING MEETING REQUIRE-

MENTS SIMILAR TO THE FEDERAL “POISON PREVENTION PACKAGING ACT OF 1970,”

15 U.S.C. SEC 1471 ET SEQ.

S 177. LABELING OF MARIHUANA PRODUCTS. 1. THE LIQUOR AUTHORITY IS

HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS GOVERNING THE

LABELING AND OFFERING OF MARIHUANA PRODUCTS, SOLD OR POSSESSED FOR SALE

WITHIN THIS STATE.

  1. SUCH REGULATIONS SHALL BE CALCULATED TO: (A) PROHIBIT DECEPTION OF

THE CONSUMER; (B) AFFORD ADEQUATE INFORMATION AS TO QUALITY AND IDENTITY

OF THE PRODUCT; AND (C) ACHIEVE NATIONAL UNIFORMITY IN THIS BUSINESS.

  1. THE LIQUOR AUTHORITY MAY SEEK THE ASSISTANCE OF THE DEPARTMENT OF

HEALTH WHEN NECESSARY BEFORE PROMULGATING RULES AND REGULATIONS UNDER

THIS SECTION.

  1. SUCH REGULATIONS SHALL INCLUDE REQUIRING LABELS WARNING CONSUMERS

OF ANY POTENTIAL IMPACT ON HUMAN HEALTH RESULTING FROM THE CONSUMPTION

OF MARIHUANA PRODUCTS THAT SHALL BE AFFIXED TO THOSE PRODUCTS WHEN SOLD,

IF SUCH LABELS ARE DEEMED WARRANTED BY THE AUTHORITY AFTER CONSULTATION

WITH THE DEPARTMENT OF HEALTH.

  1. SUCH RULES AND REGULATIONS SHALL ESTABLISH METHODS AND PROCEDURES

FOR DETERMINING SERVING SIZES FOR MARIHUANA-INFUSED PRODUCTS, ACTIVE

CANNABIS CONCENTRATION PER SERVING SIZE, AND NUMBER OF SERVINGS PER

CONTAINER. SUCH REGULATIONS SHALL ALSO REQUIRE A NUTRITIONAL FACT PANEL

THAT INCORPORATES DATA REGARDING SERVING SIZES AND POTENCY THEREOF.

  1. THE PACKAGING, SALE, OR POSSESSION BY ANY LICENSEE OF ANY MARIHUANA

PRODUCT NOT LABELED OR OFFERED IN CONFORMITY WITH THIS SECTION SHALL BE

GROUNDS FOR A FINE, SUSPENSION, REVOCATION OR CANCELLATION OF THE

LICENSE.

S 178. RENEWALS OF LICENSES AND PERMITS. 1. EACH LICENSE AND PERMIT,

ISSUED PURSUANT TO THIS CHAPTER MAY BE RENEWED UPON APPLICATION THEREFOR

BY THE LICENSEE OR PERMITTEE AND THE PAYMENT OF THE ANNUAL FEE FOR SUCH

LICENSE OR PERMIT AS PRESCRIBED BY THIS CHAPTER. IN THE CASE OF APPLICA-

TIONS FOR RENEWALS, THE LIQUOR AUTHORITY MAY DISPENSE WITH THE REQUIRE-

MENTS OF SUCH STATEMENTS AS IT DEEMS UNNECESSARY IN VIEW OF THOSE

CONTAINED IN THE APPLICATION MADE FOR THE ORIGINAL LICENSE OR PERMIT,

BUT IN ANY EVENT THE SUBMISSION OF PHOTOGRAPHS OF THE LICENSED PREMISES

SHALL BE DISPENSED WITH, PROVIDED THE APPLICANT FOR SUCH RENEWAL SHALL

FILE A STATEMENT WITH SUCH AUTHORITY TO THE EFFECT THAT THERE HAS BEEN

NO ALTERATION OF SUCH PREMISES SINCE THE ORIGINAL LICENSE WAS ISSUED.

THE LIQUOR AUTHORITY MAY MAKE SUCH RULES AS MAY BE NECESSARY NOT INCON-

SISTENT WITH THIS CHAPTER REGARDING APPLICATIONS FOR RENEWALS OF

LICENSES AND PERMITS AND THE TIME FOR MAKING THE SAME.

  1. THE AUTHORITY SHALL PROVIDE AN APPLICATION FOR RENEWAL OF A LICENSE

ISSUED UNDER THIS ARTICLE NOT LESS THAN SIXTY DAYS PRIOR TO THE EXPIRA-

TION OF THE CURRENT LICENSE.

 

S 179. INFORMATION TO BE REQUESTED IN APPLICATIONS FOR LICENSES OR

PERMITS. 1. THE FOLLOWING SHALL BE THE INFORMATION REQUIRED ON AN APPLI-

CATION FOR A LICENSE OR PERMIT:

(A) A STATEMENT OF IDENTITY AS FOLLOWS:

(I) IF THE APPLICANT IS AN INDIVIDUAL, HIS OR HER NAME, DATE AND PLACE

OF BIRTH, CITIZENSHIP, PERMANENT HOME ADDRESS, TELEPHONE NUMBER AND

SOCIAL SECURITY NUMBER, AS WELL AS ANY OTHER NAMES BY WHICH HE OR SHE

HAS CONDUCTED A BUSINESS AT ANY TIME.

(II) IF THE APPLICANT IS A CORPORATION, THE CORPORATE NAME OF THE

APPLICANT, ITS PLACE OF INCORPORATION, ITS MAIN BUSINESS ADDRESS (AND IF

SUCH MAIN BUSINESS ADDRESS IS NOT WITHIN THE STATE, THE ADDRESS OF ITS

MAIN PLACE OF BUSINESS WITHIN THE STATE), OTHER NAMES BY WHICH IT HAS

BEEN KNOWN OR HAS CONDUCTED BUSINESS AT ANY TIME, ITS TELEPHONE NUMBER,

ITS FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND THE NAMES, AGES, CITI-

ZENSHIP, AND PERMANENT HOME ADDRESSES OF ITS DIRECTORS, OFFICERS AND ITS

SHAREHOLDERS (EXCEPT THAT IF THERE BE MORE THAN TEN SHAREHOLDERS THEN

THOSE SHAREHOLDERS HOLDING TEN PERCENT OR MORE OF ANY CLASS OF ITS

SHARES).

(III) IF THE APPLICANT IS A PARTNERSHIP, ITS NAME, ITS MAIN BUSINESS

ADDRESS (AND IF SUCH MAIN BUSINESS ADDRESS IS NOT WITHIN THE STATE, THE

ADDRESS OF ITS MAIN PLACE OF BUSINESS WITHIN THE STATE), OTHER NAMES BY

WHICH IT HAS BEEN KNOWN OR HAS CONDUCTED BUSINESS AT ANY TIME, ITS TELE-

PHONE NUMBER, ITS FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND THE NAMES,

AGES, CITIZENSHIP, AND PERMANENT HOME ADDRESSES OF EACH OF ITS PARTNERS.

(B) A STATEMENT IDENTIFYING THE STREET AND NUMBER OF THE PREMISES TO

BE LICENSED, IF THE PREMISES HAS A STREET AND NUMBER, AND OTHERWISE SUCH

DESCRIPTION AS WILL REASONABLY INDICATE THE LOCALITY THEREOF; PHOTO-

GRAPHS, DRAWINGS OR OTHER ITEMS RELATED TO THE APPEARANCE OF THE INTERI-

OR OR EXTERIOR OF SUCH PREMISES, AND A FLOOR PLAN OF THE INTERIOR, SHALL

BE REQUIRED. THE APPLICANT SHALL ALSO STATE THE NATURE OF HIS OR HER

INTEREST IN THE PREMISES; AND THE NAME OF ANY OTHER PERSON INTERESTED AS

A PARTNER, JOINT VENTURER, INVESTOR OR LENDER WITH THE APPLICANT EITHER

IN THE PREMISES OR IN THE BUSINESS TO BE LICENSED.

(C) A DESCRIPTION OF ANY OTHER MARIHUANA LICENSE OR PERMIT UNDER THIS

CHAPTER, WITHIN THE PAST TEN YEARS, THE APPLICANT (INCLUDING ANY OFFI-

CERS, DIRECTORS, SHAREHOLDERS OR PARTNERS LISTED IN THE STATEMENT OF

IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION OR THE SPOUSE OF ANY

SUCH PERSON) OR THE APPLICANT’S SPOUSE HELD OR APPLIED FOR.

(D) A STATEMENT THAT SUCH APPLICANT OR THE APPLICANT’S SPOUSE HAS NOT

BEEN CONVICTED OF A CRIME ADDRESSED BY THE PROVISIONS OF SECTION ONE

HUNDRED EIGHTY-SIX OF THIS ARTICLE WHICH WOULD FORBID THE APPLICANT

(INCLUDING ANY OFFICERS, DIRECTORS, SHAREHOLDERS OR PARTNERS LISTED IN

THE STATEMENT OF IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION OR THE

SPOUSE OF SUCH PERSON) OR THE APPLICANT’S SPOUSE TO TRAFFIC IN MARIHUA-

NA, A STATEMENT WHETHER OR NOT THE APPLICANT (INCLUDING ANY OFFICERS,

DIRECTORS, SHAREHOLDERS OR PARTNERS LISTED IN THE STATEMENT OF IDENTITY

UNDER PARAGRAPH (A) OF THIS SUBDIVISION OR THE SPOUSE OF ANY SUCH

PERSON) OR THE APPLICANT’S SPOUSE IS AN OFFICIAL DESCRIBED IN SUBDIVI-

SION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT OF THIS ARTICLE, AND A

DESCRIPTION OF ANY CRIME THAT THE APPLICANT (INCLUDING ANY OFFICERS,

DIRECTORS, SHAREHOLDERS OR PARTNERS LISTED UNDER PARAGRAPH (A) OF THIS

SUBDIVISION OR THE SPOUSE OF ANY SUCH PERSON) OR THE APPLICANT’S SPOUSE

HAS BEEN CONVICTED OF AND WHETHER SUCH PERSON HAS RECEIVED A PARDON,

CERTIFICATE OF GOOD CONDUCT OR CERTIFICATE OF RELIEF FROM DISABILITIES;

PROVIDED, HOWEVER, THAT NO PERSON SHALL BE DENIED ANY LICENSE SOLELY ON

 

THE GROUNDS THAT SUCH PERSON IS THE SPOUSE OF A PERSON OTHERWISE

DISQUALIFIED FROM HOLDING A LICENSE UNDER THIS CHAPTER.

(E) A STATEMENT THAT THE LOCATION AND LAYOUT OF THE PREMISES TO BE

LICENSED DOES NOT VIOLATE ANY REQUIREMENT OF THIS CHAPTER RELATING TO

LOCATION AND LAYOUT OF LICENSED PREMISES, WITH A COPY OF THE CERTIFICATE

OF OCCUPANCY FOR THE PREMISES.

(F) A STATEMENT THAT THE APPLICANT HAS CONTROL OF THE PREMISES TO BE

LICENSED BY OWNERSHIP OF A FEE INTEREST OR VIA A LEASEHOLD, MANAGEMENT

AGREEMENT, OR OTHER AGREEMENT GIVING THE APPLICANT CONTROL OVER THE

PREMISES, WITH A TERM AT LEAST AS LONG AS THE LICENSE FOR WHICH THE

APPLICATION IS BEING MADE, OR BY A BINDING CONTRACT TO ACQUIRE THE SAME

AND A STATEMENT OF IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION FOR

THE LESSOR OF ANY LEASEHOLD, MANAGER OF ANY MANAGEMENT AGREEMENT, OR

OTHER AGREEMENT GIVING THE APPLICANT CONTROL OVER THE PREMISES, WITH A

COPY OF THE LEASE, CONTRACT, MANAGEMENT AGREEMENT, OR OTHER AGREEMENT

GIVING THE APPLICANT CONTROL OVER THE FOOD AND BEVERAGE AT THE PREMISES,

OR DEED EVIDENCING FEE OWNERSHIP OF THE PREMISES.

(G) A FINANCIAL STATEMENT ADEQUATE TO SHOW ALL PERSONS WHO, DIRECTLY

OR INDIRECTLY HAVE AN ECONOMIC INTEREST IN THE ESTABLISHMENT OR ACQUISI-

TION OF THE BUSINESS FOR WHICH THE LICENSE OR PERMIT APPLICATION IS

BEING MADE, TO IDENTIFY THE SOURCES OF FUNDS TO BE APPLIED IN SUCH

ESTABLISHMENT OR ACQUISITION, AND TO DESCRIBE THE TERMS AND CONDITIONS

GOVERNING SUCH ESTABLISHMENT WITH COPIES OF SUCH FINANCIAL DOCUMENTS AS

THE AUTHORITY MAY REASONABLY REQUIRE.

(H) THE FINGERPRINTS OF THE APPLICANTS. FINGERPRINTS SUBMITTED BY THE

APPLICANTS SHALL BE TRANSMITTED TO THE DIVISION OF CRIMINAL JUSTICE

SERVICES AND MAY BE SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION FOR

STATE AND NATIONAL CRIMINAL HISTORY RECORD CHECKS.

  1. ALL LICENSE OR PERMIT APPLICATIONS SHALL BE SIGNED BY THE APPLICANT

(IF AN INDIVIDUAL), BY AN OFFICER (IF A CORPORATION), OR BY ALL PARTNERS

(IF A PARTNERSHIP). EACH PERSON SIGNING SUCH APPLICATION SHALL VERIFY IT

OR AFFIRM IT AS TRUE UNDER THE PENALTIES OF PERJURY.

  1. ALL LICENSE OR PERMIT APPLICATIONS SHALL BE ACCOMPANIED BY A CHECK,

DRAFT OR OTHER FORMS OF PAYMENT AS THE AUTHORITY MAY REQUIRE OR AUTHOR-

IZE IN THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE OR PERMIT.

  1. IF THERE BE ANY CHANGE, AFTER THE FILING OF THE APPLICATION OR THE

GRANTING OF A LICENSE, IN ANY OF THE FACTS REQUIRED TO BE SET FORTH IN

SUCH APPLICATION, A SUPPLEMENTAL STATEMENT GIVING NOTICE OF SUCH CHANGE,

COST AND SOURCE OF MONEY INVOLVED IN THE CHANGE, DULY VERIFIED, SHALL BE

FILED WITH THE AUTHORITY WITHIN TEN DAYS AFTER SUCH CHANGE. FAILURE TO

DO SO SHALL, IF WILLFUL AND DELIBERATE, BE CAUSE FOR REVOCATION OF THE

LICENSE.

  1. IN GIVING ANY NOTICE, OR TAKING ANY ACTION IN REFERENCE TO A LICEN-

SEE OF A LICENSED PREMISES, THE AUTHORITY MAY RELY UPON THE INFORMATION

FURNISHED   IN SUCH APPLICATION AND IN ANY SUPPLEMENTAL STATEMENT

CONNECTED THEREWITH, AND SUCH INFORMATION MAY BE PRESUMED TO BE CORRECT,

AND SHALL BE BINDING UPON A LICENSEE OR LICENSED PREMISES AS IF CORRECT.

ALL INFORMATION REQUIRED TO BE FURNISHED IN SUCH APPLICATION OR SUPPLE-

MENTAL STATEMENTS SHALL BE DEEMED MATERIAL IN ANY PROSECUTION FOR PERJU-

RY, ANY PROCEEDING TO REVOKE, CANCEL OR SUSPEND ANY LICENSE, AND IN THE

AUTHORITY’S DETERMINATION TO APPROVE OR DENY THE LICENSE.

  1. THE AUTHORITY MAY IN ITS DISCRETION WAIVE THE SUBMISSION OF ANY

CATEGORY OF INFORMATION DESCRIBED IN THIS SECTION FOR ANY CATEGORY OF

LICENSE OR PERMIT, PROVIDED THAT IT SHALL NOT BE PERMITTED TO WAIVE THE

REQUIREMENT FOR SUBMISSION OF ANY SUCH CATEGORY OF INFORMATION SOLELY

FOR AN INDIVIDUAL APPLICANT OR APPLICANTS.

 

S 180. NOTIFICATION TO MUNICIPALITIES. 1. NOT LESS THAN THIRTY DAYS

BEFORE FILING ANY OF THE FOLLOWING APPLICATIONS, AN APPLICANT SHALL

NOTIFY THE MUNICIPALITY IN WHICH THE PREMISES IS LOCATED OF SUCH APPLI-

CANT’S INTENT TO FILE SUCH AN APPLICATION:

(A) FOR A MARIHUANA PRODUCER;

(B) FOR A MARIHUANA PROCESSOR LICENSE;

(C) FOR A MARIHUANA RETAILER LICENSE; AND/OR

(D) FOR A MARIHUANA RETAILER LICENSE FOR ON-PREMISES CONSUMPTION.

  1. SUCH NOTIFICATION SHALL BE MADE TO THE CLERK OF THE VILLAGE, TOWN

OR CITY, AS THE CASE MAY BE, WHEREIN THE PREMISES IS LOCATED. FOR

PURPOSES OF THIS SECTION:

(A) NOTIFICATION NEED ONLY BE GIVEN TO THE CLERK OF A VILLAGE WHEN THE

PREMISES IS LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE; AND

(B) IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSUANT

TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH JURIS-

DICTION OVER THE AREA IN WHICH THE PREMISES IS LOCATED SHALL BE CONSID-

ERED THE APPROPRIATE PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.

  1. FOR PURPOSES OF THIS SECTION, “SUBSTANTIAL CORPORATE CHANGE” SHALL

MEAN:

(A) FOR A CORPORATION, A CHANGE OF EIGHTY PERCENT OR MORE OF THE OFFI-

CERS AND/OR DIRECTORS, OR A TRANSFER OF EIGHTY PERCENT OR MORE OF STOCK

OF SUCH CORPORATION, OR AN EXISTING STOCKHOLDER OBTAINING EIGHTY PERCENT

OR MORE OF THE STOCK OF SUCH CORPORATION; AND

(B) FOR A LIMITED LIABILITY COMPANY, A CHANGE OF EIGHTY PERCENT OR

MORE OF THE MANAGING MEMBERS OF THE COMPANY, OR A TRANSFER OF EIGHTY

PERCENT OR MORE OF OWNERSHIP INTEREST IN SAID COMPANY, OR AN EXISTING

MEMBER OBTAINING A CUMULATIVE OF EIGHTY PERCENT OR MORE OF THE OWNERSHIP

INTEREST IN SAID COMPANY.

  1. SUCH NOTIFICATION SHALL BE MADE IN SUCH FORM AS SHALL BE PRESCRIBED

BY THE RULES OF THE LIQUOR AUTHORITY.

  1. A MUNICIPALITY MAY EXPRESS AN OPINION FOR OR AGAINST THE GRANTING

OF SUCH APPLICATION. ANY SUCH OPINION SHALL BE DEEMED PART OF THE RECORD

UPON WHICH THE LIQUOR AUTHORITY MAKES ITS DETERMINATION TO GRANT OR DENY

THE APPLICATION.

  1. SUCH NOTIFICATION SHALL BE MADE BY: CERTIFIED MAIL, RETURN RECEIPT

REQUESTED; OVERNIGHT DELIVERY SERVICE WITH PROOF OF MAILING; OR PERSONAL

SERVICE UPON THE OFFICES OF THE CLERK OR COMMUNITY BOARD.

  1. THE LIQUOR AUTHORITY SHALL REQUIRE SUCH NOTIFICATION TO BE ON A

STANDARDIZED FORM THAT CAN BE OBTAINED ON THE INTERNET OR FROM THE

LIQUOR AUTHORITY AND SUCH NOTIFICATION TO INCLUDE:

(A) THE TRADE NAME OR “DOING BUSINESS AS” NAME, IF ANY, OF THE ESTAB-

LISHMENT;

(B) THE FULL NAME OF THE APPLICANT;

(C) THE STREET ADDRESS OF THE ESTABLISHMENT, INCLUDING THE FLOOR

LOCATION OR ROOM NUMBER, IF APPLICABLE;

(D) THE MAILING ADDRESS OF THE ESTABLISHMENT, IF DIFFERENT THAN THE

STREET ADDRESS;

(E) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE ATTORNEY OR REPRE-

SENTATIVE OF THE APPLICANT, IF ANY;

(F) A STATEMENT INDICATING WHETHER THE APPLICATION IS FOR:

(I) A NEW ESTABLISHMENT;

(II) A TRANSFER OF AN EXISTING LICENSED BUSINESS;

(III) A RENEWAL OF AN EXISTING LICENSE; OR

(IV) AN ALTERATION OF AN EXISTING LICENSED PREMISES;

 

(G) IF THE ESTABLISHMENT IS A TRANSFER OR PREVIOUSLY LICENSED PREM-

ISES, THE NAME OF THE OLD ESTABLISHMENT AND SUCH ESTABLISHMENT’S LICENSE

SERIAL NUMBER;

(H) IN THE CASE OF A RENEWAL OR ALTERATION APPLICATION, THE LICENSE

SERIAL NUMBER OF THE APPLICANT; AND

(I) THE TYPE OF LICENSE.

S 181. LICENSES, PUBLICATION, GENERAL PROVISIONS. 1. THE VARIOUS TYPES

OF LICENSES ISSUED PURSUANT TO THIS CHAPTER SHALL BE DISTINCTIVE IN

COLOR AND DESIGN SO AS TO BE READILY DISTINGUISHABLE FROM EACH OTHER.

  1. NO LICENSE SHALL BE TRANSFERABLE OR ASSIGNABLE EXCEPT THAT NOTWITH-

STANDING ANY OTHER PROVISION OF LAW, THE LICENSE OF A SOLE PROPRIETOR

CONVERTING TO CORPORATE FORM, WHERE SUCH PROPRIETOR BECOMES THE SOLE

STOCKHOLDER AND ONLY OFFICER AND DIRECTOR OF SUCH NEW CORPORATION, MAY

BE TRANSFERRED TO THE SUBJECT CORPORATION IF ALL REQUIREMENTS OF THIS

CHAPTER REMAIN THE SAME WITH RESPECT TO SUCH LICENSE AS TRANSFERRED AND,

FURTHER, THE LICENSEE SHALL TRANSMIT TO THE AUTHORITY, WITHIN TEN DAYS

OF THE TRANSFER OF LICENSE ALLOWABLE UNDER THIS SUBDIVISION, ON A FORM

PRESCRIBED BY THE AUTHORITY, NOTIFICATION OF THE TRANSFER OF SUCH

LICENSE.

  1. NO LICENSE SHALL BE PLEDGED OR DEPOSITED AS COLLATERAL SECURITY FOR

ANY LOAN OR UPON ANY OTHER CONDITION; AND ANY SUCH PLEDGE OR DEPOSIT,

AND ANY CONTRACT PROVIDING THEREFOR, SHALL BE VOID.

  1. LICENSES ISSUED UNDER THIS ARTICLE SHALL CONTAIN, IN ADDITION TO

ANY FURTHER INFORMATION OR MATERIAL TO BE PRESCRIBED BY THE RULES OF THE

LIQUOR AUTHORITY, THE FOLLOWING INFORMATION: (A) NAME OF PERSON TO WHOM

LICENSE IS ISSUED; (B) KIND OF LICENSE AND WHAT KIND OF TRAFFIC IN MARI-

HUANA IS THEREBY PERMITTED; (C) DESCRIPTION BY STREET AND NUMBER, OR

OTHERWISE, OF LICENSED PREMISES; AND (D) A STATEMENT IN SUBSTANCE THAT

SUCH LICENSE SHALL NOT BE DEEMED A PROPERTY OR VESTED RIGHT, AND THAT IT

MAY BE REVOKED AT ANY TIME PURSUANT TO LAW.

  1. THERE SHALL BE PRINTED AND FURNISHED BY THE LIQUOR AUTHORITY TO

EACH LICENSEE A STATEMENT OF THE CAUSES FOR WHICH LICENSES MAY BE

REVOKED. SUCH STATEMENT SHALL BE PREPARED BY THE LIQUOR AUTHORITY AND

DELIVERED TO THE LICENSEE WITH HIS OR HER LICENSE OR AS SOON THEREAFTER

AS MAY BE PRACTICABLE. ANY AMENDMENTS THERETO SHALL ALSO BE SENT BY THE

LIQUOR AUTHORITY TO ALL LICENSEES AS SOON AS MAY BE PRACTICABLE AFTER

SUCH AMENDMENTS. FAILURE TO SEND SUCH STATEMENTS OR CHANGES THEREIN, OR

FAILURE TO RECEIVE THE SAME, OR ANY MISSTATEMENT OR ERROR CONTAINED IN

SUCH STATEMENTS OR AMENDMENTS SHALL, HOWEVER, NOT BE AN EXCUSE OR JUSTI-

FICATION FOR ANY VIOLATION OF LAW, OR PREVENT, OR REMIT, OR DECREASE ANY

PENALTY OR FORFEITURE THEREFOR.

  1. BEFORE COMMENCING OR DOING ANY BUSINESS FOR THE TIME FOR WHICH A

LICENSE HAS BEEN ISSUED SAID LICENSE SHALL BE ENCLOSED IN A SUITABLE

WOOD OR METAL FRAME HAVING A CLEAR GLASS SPACE AND A SUBSTANTIAL WOOD OR

METAL BACK SO THAT THE WHOLE OF SAID LICENSE MAY BE SEEN THEREIN, AND

SHALL BE POSTED UP AND AT ALL TIMES DISPLAYED IN A CONSPICUOUS PLACE IN

THE ROOM WHERE SUCH BUSINESS IS CARRIED ON, SO THAT ALL PERSONS VISITING

SUCH PLACE MAY READILY SEE THE SAME. IT SHALL BE UNLAWFUL FOR ANY PERSON

HOLDING A LICENSE TO POST SUCH LICENSE OR TO PERMIT SUCH LICENSE TO BE

POSTED UPON PREMISES OTHER THAN THE PREMISES LICENSED, OR UPON PREMISES

WHERE TRAFFIC IN MARIHUANA IS BEING CARRIED ON BY ANY PERSON OTHER THAN

THE LICENSEE, OR KNOWINGLY TO DEFACE, DESTROY OR ALTER ANY SUCH LICENSE

IN ANY RESPECT. WHENEVER A LICENSE SHALL BE LOST OR DESTROYED WITHOUT

FAULT ON THE PART OF THE LICENSEE OR HIS OR HER AGENTS OR EMPLOYEES, A

DUPLICATE LICENSE IN LIEU THEREOF MAY BE ISSUED BY THE LIQUOR AUTHORITY

IN ITS DISCRETION AND IN ACCORDANCE WITH SUCH RULES AND REGULATIONS AND

 

THE PAYMENT OF SUCH FEES, NOT EXCEEDING FIVE DOLLARS, AS IT MAY

PRESCRIBE.

S 182. REVOCATION OF LICENSES FOR CAUSE. 1. ANY LICENSE OR PERMIT

ISSUED PURSUANT TO THIS ARTICLE MAY BE REVOKED, CANCELLED, SUSPENDED

AND/OR SUBJECTED TO THE IMPOSITION OF A CIVIL PENALTY FOR CAUSE, AND

MUST BE REVOKED FOR THE FOLLOWING CAUSES:

(A) CONVICTION OF THE LICENSEE, PERMITTEE OR HIS OR HER AGENT OR

EMPLOYEE FOR SELLING ANY ILLEGAL MARIHUANA ON THE PREMISES LICENSED.

(B) FOR TRANSFERRING, ASSIGNING OR HYPOTHECATING A LICENSE OR PERMIT.

  1. NOTWITHSTANDING THE ISSUANCE OF A LICENSE OR PERMIT BY WAY OF

RENEWAL, THE LIQUOR AUTHORITY MAY REVOKE, CANCEL OR SUSPEND SUCH LICENSE

OR PERMIT AND/OR MAY IMPOSE A CIVIL PENALTY AGAINST ANY HOLDER OF SUCH

LICENSE OR PERMIT, AS PRESCRIBED BY THIS SECTION AND SECTION ONE HUNDRED

NINETEEN OF THIS CHAPTER, FOR CAUSES OR VIOLATIONS OCCURRING DURING THE

LICENSE PERIOD IMMEDIATELY PRECEDING THE ISSUANCE OF SUCH LICENSE OR

PERMIT, AND MAY RECOVER, AS PROVIDED IN SECTION ONE HUNDRED TWELVE OF

THIS CHAPTER, THE PENAL SUM OF THE BOND ON FILE DURING SAID PERIOD.

  1. AS USED IN THIS SECTION, THE TERM “FOR CAUSE” SHALL ALSO INCLUDE

THE EXISTENCE OF A SUSTAINED AND CONTINUING PATTERN OF NOISE, DISTURB-

ANCE, MISCONDUCT, OR DISORDER ON OR ABOUT THE LICENSED PREMISES, RELATED

TO THE OPERATION OF THE PREMISES OR THE CONDUCT OF ITS PATRONS, WHICH

ADVERSELY AFFECTS THE HEALTH, WELFARE OR SAFETY OF THE INHABITANTS OF

THE AREA IN WHICH SUCH LICENSED PREMISES ARE LOCATED.

  1. THE EXISTENCE OF A SUSTAINED AND CONTINUING PATTERN OF NOISE,

DISTURBANCE, MISCONDUCT, OR DISORDER ON OR ABOUT THE LICENSED PREMISES,

RELATED TO THE OPERATION OF THE PREMISES OR THE CONDUCT OF ITS PATRONS,

WILL BE PRESUMED UPON THE SIXTH INCIDENT REPORTED TO THE AUTHORITY BY A

LAW ENFORCEMENT AGENCY OF NOISE OR DISTURBANCE OR MISCONDUCT OR DISORDER

ON OR ABOUT THE LICENSED PREMISES OR RELATED TO THE OPERATION OF THE

PREMISES OR THE CONDUCT OF ITS PATRONS, IN ANY SIXTY DAY PERIOD, ABSENT

CLEAR AND CONVINCING EVIDENCE OF EITHER FRAUDULENT INTENT ON THE PART OF

ANY COMPLAINANT OR A FACTUAL ERROR WITH RESPECT TO THE CONTENT OF ANY

REPORT CONCERNING SUCH COMPLAINT RELIED UPON BY THE AUTHORITY.

S 183. PROCEDURE FOR REVOCATION OR CANCELLATION. 1. ANY LICENSE OR

PERMIT ISSUED BY THE LIQUOR AUTHORITY PURSUANT TO THIS ARTICLE MAY BE

REVOKED, CANCELLED OR SUSPENDED AND/OR BE SUBJECTED TO THE IMPOSITION OF

A MONETARY PENALTY IN THE MANNER PRESCRIBED BY THIS SECTION.

  1. THE LIQUOR AUTHORITY MAY ON ITS OWN INITIATIVE OR ON COMPLAINT OF

ANY PERSON INSTITUTE PROCEEDINGS TO REVOKE, CANCEL OR SUSPEND ANY RETAIL

LICENSE AND MAY IMPOSE A CIVIL PENALTY AGAINST THE LICENSEE AFTER A

HEARING AT WHICH THE LICENSEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.

SUCH HEARING SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE

PRESCRIBED BY THE RULES OF THE LIQUOR AUTHORITY.

  1. ALL OTHER LICENSES OR PERMITS ISSUED UNDER THIS CHAPTER MAY BE

REVOKED, CANCELLED, SUSPENDED AND/OR MADE SUBJECT TO THE IMPOSITION OF A

CIVIL PENALTY BY THE LIQUOR AUTHORITY AFTER A HEARING TO BE HELD IN THE

MANNER TO BE DETERMINED BY THE RULES OF THE LIQUOR AUTHORITY.

  1. (A) THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY IN ALL CASES OF

LICENSEE OR PERMITTEE FAILURE AFTER RECEIVING APPROPRIATE NOTICE, TO

COMPLY WITH A SUMMONS, SUBPOENA OR WARRANT RELATING TO A PATERNITY OR

CHILD SUPPORT PROCEEDING AND ARREARS IN PAYMENT OF CHILD SUPPORT OR

COMBINED CHILD AND SPOUSAL SUPPORT REFERRED TO THE AUTHORITY BY A COURT

PURSUANT TO THE REQUIREMENTS OF SECTION TWO HUNDRED FORTY-FOUR-C OF THE

DOMESTIC RELATIONS LAW OR PURSUANT TO SECTION FOUR HUNDRED FIFTY-EIGHT-B

OR FIVE HUNDRED FORTY-EIGHT-B OF THE FAMILY COURT ACT.

 

(B) UPON RECEIPT OF AN ORDER FROM THE COURT BASED ON ARREARS IN

PAYMENT OF CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT PURSUANT

TO ONE OF THE FOREGOING PROVISIONS OF LAW, THE AUTHORITY, IF IT FINDS

SUCH PERSON TO HAVE BEEN ISSUED A LICENSE OR PERMIT, SHALL WITHIN THIRTY

DAYS OF RECEIPT OF SUCH ORDER FROM THE COURT, PROVIDE NOTICE TO THE

LICENSEE OR PERMITTEE OF, AND INITIATE, A HEARING WHICH SHALL BE HELD AT

LEAST TWENTY DAYS AND NO MORE THAN THIRTY DAYS AFTER THE SENDING OF SUCH

NOTICE TO THE LICENSEE OR PERMITTEE. THE HEARING SHALL BE SOLELY HELD

FOR THE PURPOSE OF DETERMINING WHETHER THERE EXISTS AS OF THE DATE OF

THE HEARING PROOF THAT FULL PAYMENT OF ALL ARREARS OF SUPPORT ESTAB-

LISHED BY THE ORDER OF THE COURT TO BE DUE FROM THE LICENSEE OR PERMIT-

TEE HAVE BEEN PAID. PROOF OF SUCH PAYMENT SHALL BE A CERTIFIED CHECK

SHOWING FULL PAYMENT OF ESTABLISHED ARREARS OR A NOTICE ISSUED BY THE

COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE ORDER IS PAYABLE TO THE

SUPPORT COLLECTION UNIT DESIGNATED BY THE APPROPRIATE SOCIAL SERVICES

DISTRICT. SUCH NOTICE SHALL STATE THAT FULL PAYMENT OF ALL ARREARS OF

SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE HAVE BEEN PAID.

THE LICENSEE OR PERMITTEE SHALL BE GIVEN FULL OPPORTUNITY TO PRESENT

SUCH PROOF OF PAYMENT AT THE HEARING IN PERSON OR BY COUNSEL. THE ONLY

ISSUE TO BE DETERMINED BY THE AUTHORITY AS A RESULT OF THE HEARING IS

WHETHER THE ARREARS HAVE BEEN PAID. NO EVIDENCE WITH RESPECT TO THE

APPROPRIATENESS OF THE COURT ORDER OR ABILITY OF THE RESPONDENT PARTY IN

ARREARS TO COMPLY WITH SUCH ORDER SHALL BE RECEIVED OR CONSIDERED BY THE

AUTHORITY.

(C) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF

ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH LICENSE OR PERMIT SHALL

BE SUSPENDED IF AT THE HEARING, PROVIDED FOR BY PARAGRAPH (B) OF THIS

SUBDIVISION, THE LICENSEE OR PERMITTEE FAILS TO PRESENT PROOF OF PAYMENT

AS REQUIRED BY SUCH SUBDIVISION. SUCH SUSPENSION SHALL NOT BE LIFTED

UNLESS THE COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE COURT ORDER

IS PAYABLE TO THE SUPPORT COLLECTION UNIT DESIGNATED BY THE APPROPRIATE

SOCIAL SERVICES DISTRICT, ISSUES NOTICE TO THE AUTHORITY THAT FULL

PAYMENT OF ALL ARREARS OF SUPPORT ESTABLISHED BY THE ORDER OF THE COURT

TO BE DUE HAVE BEEN PAID.

(D) UPON RECEIPT OF AN ORDER FROM THE COURT BASED ON FAILURE TO COMPLY

WITH A SUMMONS, SUBPOENA, OR WARRANT RELATING TO A PATERNITY OR CHILD

SUPPORT PROCEEDING, THE AUTHORITY, IF IT FINDS SUCH PERSON HAS BEEN

ISSUED A LICENSE OR PERMIT, SHALL WITHIN THIRTY DAYS OF RECEIPT OF SUCH

ORDER FROM THE COURT, PROVIDE NOTICE TO THE LICENSEE OR PERMITTEE THAT

HIS OR HER LICENSE SHALL BE SUSPENDED IN SIXTY DAYS UNLESS THE CONDI-

TIONS IN PARAGRAPH (E) OF THIS SUBDIVISION ARE MET.

(E) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF

ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH LICENSE OR PERMIT SHALL

BE SUSPENDED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (C) OF THIS

SUBDIVISION UNLESS THE COURT TERMINATES ITS ORDER TO COMMENCE SUSPENSION

PROCEEDINGS. SUCH SUSPENSION SHALL NOT BE LIFTED UNLESS THE COURT ISSUES

AN ORDER TO THE AUTHORITY TERMINATING ITS ORDER TO COMMENCE SUSPENSION

PROCEEDINGS.

(F) THE AUTHORITY SHALL INFORM THE COURT OF ALL ACTIONS TAKEN HERE-

UNDER AS REQUIRED BY LAW.

(G) THIS SUBDIVISION APPLIES TO SUPPORT OBLIGATIONS PAID PURSUANT TO

ANY ORDER OF CHILD SUPPORT OR CHILD AND SPOUSAL SUPPORT ISSUED UNDER

PROVISIONS OF SECTION TWO HUNDRED THIRTY-SIX OR TWO HUNDRED FORTY OF THE

DOMESTIC RELATIONS LAW, OR ARTICLE FOUR, FIVE OR FIVE-A OF THE FAMILY

COURT ACT.

 

(H) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF

ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE PROVISIONS OF THIS

SUBDIVISION SHALL APPLY TO THE EXCLUSION OF ANY OTHER REQUIREMENTS OF

THIS ARTICLE AND TO THE EXCLUSION OF ANY OTHER REQUIREMENT OF LAW TO THE

CONTRARY.

  1. WHERE A LICENSEE IS CONVICTED OF TWO OR MORE QUALIFYING OFFENSES

WITHIN A FIVE YEAR PERIOD, THE AUTHORITY, UPON RECEIPT OF NOTIFICATION

OF SUCH SECOND OR SUBSEQUENT CONVICTION PURSUANT TO THE PROVISIONS OF

SUBDIVISION TWO OF SECTION ONE HUNDRED SIX-A OF THIS CHAPTER, SHALL, IN

ADDITION TO ANY OTHER SANCTION OR CIVIL OR CRIMINAL PENALTY IMPOSED

PURSUANT TO THIS CHAPTER, IMPOSE ON SUCH LICENSEE A CIVIL PENALTY NOT TO

EXCEED FIVE HUNDRED DOLLARS. FOR PURPOSES OF THIS SUBDIVISION, A QUALI-

FYING OFFENSE SHALL MEAN: (A) THE OFFENSE DEFINED IN SUBDIVISION ONE OF

SECTION SIXTY-FIVE OF THIS CHAPTER; OR (B) THE OFFENSE DEFINED IN PARA-

GRAPH (B) OF SUBDIVISION ONE OF SECTION SIXTY-FIVE-B OF THIS CHAPTER.

FOR PURPOSES OF THIS SUBDIVISION, A CONVICTION OF A LICENSEE OR AN

EMPLOYEE OR AGENT OF SUCH LICENSEE SHALL CONSTITUTE A CONVICTION OF SUCH

LICENSEE.

S 184. DECISIONS OF LIQUOR AUTHORITY AND REVIEW BY THE COURTS.

PROVISIONS OF SECTIONS ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-ONE AND

ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER SHALL APPLY TO MARIHUANA

LICENSES ISSUED UNDER THIS ARTICLE.

S 185. DISPOSITION OF MONEYS RECEIVED FOR LICENSE FEES. THE MONEYS

RECEIVED FOR LICENSE FEES FOR MARIHUANA PRODUCER LICENSES, MARIHUANA

PROCESSOR LICENSES, AND MARIHUANA RETAILER LICENSES PROVIDED FOR IN THIS

CHAPTER SHALL BE TURNED OVER BY THE LIQUOR AUTHORITY TO THE STATE COMP-

TROLLER. IT SHALL BE PLACED BY THE STATE COMPTROLLER IN THE FUND DERIVED

FROM THE PROCEEDS OF THE TAXES ON MARIHUANA PROVIDED FOR IN ARTICLE

EIGHTEEN-A OF THE TAX LAW AND BECOME A PART THEREOF AND BE SUBJECT TO

ALL OF THE PROVISIONS OF LAW RELATING TO SUCH FUND.

S 186. PERSONS FORBIDDEN TO TRAFFIC IN MARIHUANA. THE FOLLOWING

PERSONS ARE FORBIDDEN TO TRAFFIC IN MARIHUANA:

  1. EXCEPT AS PROVIDED IN SUBDIVISION ONE-A OF THIS SECTION, A PERSON

WHO HAS BEEN CONVICTED OF A FELONY OR ANY OF THE MISDEMEANORS DEFINED IN

SECTION 230.20 OR 230.40 OF THE PENAL LAW, UNLESS SUBSEQUENT TO SUCH

CONVICTION SUCH PERSON SHALL HAVE RECEIVED AN EXECUTIVE PARDON THEREFOR

REMOVING THIS DISABILITY, A CERTIFICATE OF GOOD CONDUCT GRANTED BY THE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, OR A CERTIFICATE OF

RELIEF FROM DISABILITIES GRANTED BY THE DEPARTMENT OF CORRECTIONS AND

COMMUNITY SUPERVISION OR A COURT OF THIS STATE PURSUANT TO THE

PROVISIONS OF ARTICLE TWENTY-THREE OF THE CORRECTION LAW TO REMOVE THE

DISABILITY UNDER THIS SECTION BECAUSE OF SUCH CONVICTION.

1-A. NOTWITHSTANDING THE PROVISION OF SUBDIVISION ONE OF THIS SECTION,

A CORPORATION HOLDING A LICENSE TO TRAFFIC IN MARIHUANA SHALL NOT, UPON

CONVICTION OF A FELONY OR ANY OF THE MISDEMEANORS OR OFFENSES DESCRIBED

IN SUBDIVISION ONE OF THIS SECTION, BE AUTOMATICALLY FORBIDDEN TO TRAF-

FIC IN MARIHUANA, BUT THE APPLICATION FOR A LICENSE BY SUCH A CORPO-

RATION SHALL BE SUBJECT TO DENIAL, AND THE LICENSE OF SUCH A CORPORATION

SHALL BE SUBJECT TO REVOCATION OR SUSPENSION BY THE AUTHORITY PURSUANT

TO SECTION ONE HUNDRED EIGHTEEN OF THIS CHAPTER, CONSISTENT WITH THE

PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW. FOR ANY

FELONY CONVICTION BY A COURT OTHER THAN A COURT OF THIS STATE, THE

AUTHORITY MAY REQUEST THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-

VISION TO INVESTIGATE AND REVIEW THE FACTS AND CIRCUMSTANCES CONCERNING

SUCH A CONVICTION, AND SUCH DEPARTMENT SHALL, IF SO REQUESTED, SUBMIT

ITS FINDINGS TO THE AUTHORITY AS TO WHETHER THE CORPORATION HAS

 

CONDUCTED ITSELF IN A MANNER SUCH THAT DISCRETIONARY REVIEW BY THE

AUTHORITY WOULD NOT BE INCONSISTENT WITH THE PUBLIC INTEREST. THE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION MAY CHARGE THE

LICENSEE OR APPLICANT A FEE EQUIVALENT TO THE EXPENSES OF AN APPROPRIATE

INVESTIGATION UNDER THIS SUBDIVISION. FOR ANY CONVICTION RENDERED BY A

COURT OF THIS STATE, THE AUTHORITY MAY REQUEST THE CORPORATION, IF THE

CORPORATION IS ELIGIBLE FOR A CERTIFICATE OF RELIEF FROM DISABILITIES,

TO SEEK SUCH A CERTIFICATE FROM THE COURT WHICH RENDERED THE CONVICTION

AND TO SUBMIT SUCH A CERTIFICATE AS PART OF THE AUTHORITY’S DISCRETION-

ARY REVIEW PROCESS.

  1. A PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
  2. A PERSON WHO IS NOT A CITIZEN OF THE UNITED STATES OR AN ALIEN

LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES.

  1. A CO-PARTNERSHIP OR A CORPORATION, UNLESS EACH MEMBER OF THE PART-

NERSHIP, OR EACH OF THE PRINCIPAL OFFICERS AND DIRECTORS OF THE CORPO-

RATION, IS A CITIZEN OF THE UNITED STATES OR AN ALIEN LAWFULLY ADMITTED

FOR PERMANENT RESIDENCE IN THE UNITED STATES, NOT LESS THAN TWENTY-ONE

YEARS OF AGE, AND HAS NOT BEEN CONVICTED OF ANY FELONY OR ANY OF THE

MISDEMEANORS, SPECIFIED IN SECTION 230.20 OR 230.40 OF THE PENAL LAW, OR

IF SO CONVICTED HAS RECEIVED, SUBSEQUENT TO SUCH CONVICTION, AN EXECU-

TIVE PARDON THEREFOR REMOVING THIS DISABILITY A CERTIFICATE OF GOOD

CONDUCT GRANTED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-

VISION, OR A CERTIFICATE OF RELIEF FROM DISABILITIES GRANTED BY THE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR A COURT OF THIS

STATE PURSUANT TO THE PROVISIONS OF ARTICLE TWENTY-THREE OF THE

CORRECTION LAW TO REMOVE THE DISABILITY UNDER THIS SECTION BECAUSE OF

SUCH CONVICTION; PROVIDED HOWEVER THAT A CORPORATION WHICH OTHERWISE

CONFORMS TO THE REQUIREMENTS OF THIS SECTION AND CHAPTER MAY BE LICENSED

IF EACH OF ITS PRINCIPAL OFFICERS AND MORE THAN ONE-HALF OF ITS DIREC-

TORS ARE CITIZENS OF THE UNITED STATES OR ALIENS LAWFULLY ADMITTED FOR

PERMANENT RESIDENCE IN THE UNITED STATES; AND PROVIDED FURTHER THAT A

CORPORATION ORGANIZED UNDER THE NOT-FOR-PROFIT CORPORATION LAW OR THE

EDUCATION LAW WHICH OTHERWISE CONFORMS TO THE REQUIREMENTS OF THIS

SECTION AND CHAPTER MAY BE LICENSED IF EACH OF ITS PRINCIPAL OFFICERS

AND MORE THAN ONE-HALF OF ITS DIRECTORS ARE NOT LESS THAN TWENTY-ONE

YEARS OF AGE AND NONE OF ITS DIRECTORS ARE LESS THAN EIGHTEEN YEARS OF

AGE; AND PROVIDED FURTHER THAT A CORPORATION ORGANIZED UNDER THE

NOT-FOR-PROFIT CORPORATION LAW OR THE EDUCATION LAW AND LOCATED ON THE

PREMISES OF A COLLEGE AS DEFINED BY SECTION TWO OF THE EDUCATION LAW

WHICH OTHERWISE CONFORMS TO THE REQUIREMENTS OF THIS SECTION AND CHAPTER

MAY BE LICENSED IF EACH OF ITS PRINCIPAL OFFICERS AND EACH OF ITS DIREC-

TORS ARE NOT LESS THAN EIGHTEEN YEARS OF AGE.

  1. (A) A PERSON WHO SHALL HAVE HAD ANY LICENSE ISSUED UNDER THIS CHAP-

TER REVOKED FOR CAUSE, UNTIL THE EXPIRATION OF TWO YEARS FROM THE DATE

OF SUCH REVOCATION.

(B) A PERSON NOT LICENSED UNDER THE PROVISIONS OF THIS CHAPTER, WHO

HAS BEEN CONVICTED OF A VIOLATION OF THIS CHAPTER, UNTIL THE EXPIRATION

OF TWO YEARS FROM THE DATE OF SUCH CONVICTION.

  1. A CORPORATION OR CO-PARTNERSHIP, IF ANY OFFICER AND DIRECTOR OR ANY

PARTNER, WHILE NOT LICENSED UNDER THE PROVISIONS OF THIS CHAPTER, HAS

BEEN CONVICTED OF A VIOLATION OF THIS CHAPTER, OR HAS HAD A LICENSE

ISSUED UNDER THIS CHAPTER REVOKED FOR CAUSE, UNTIL THE EXPIRATION OF TWO

YEARS FROM THE DATE OF SUCH CONVICTION OR REVOCATION.

S 187. SURRENDER OF LICENSE; NOTICE TO POLICE OFFICIALS. WITHIN THREE

DAYS AFTER A LICENSE SHALL HAVE BEEN REVOKED PURSUANT TO THIS CHAPTER,

NOTICE THEREOF SHALL BE GIVEN TO THE LICENSEE BY MAILING SUCH NOTICE

 

ADDRESSED TO HIM AT THE PREMISES LICENSED. NOTICE SHALL ALSO BE MAILED

TO THE OWNER OF THE PREMISES LICENSED. THE HOLDER OF SUCH LICENSE SHALL

THEREUPON SURRENDER SAME TO THE LIQUOR AUTHORITY. THE MAILING THEREOF BY

THE LICENSEE TO THE LIQUOR AUTHORITY BY REGISTERED MAIL OR INSURED

PARCEL POST SHALL BE DEEMED SUFFICIENT COMPLIANCE WITH THIS SECTION. THE

LIQUOR AUTHORITY, IMMEDIATELY UPON GIVING NOTICE OF REVOCATION, SHALL

SERVE A WRITTEN NOTICE THEREOF UPON THE COMMISSIONER OF POLICE, CHIEF OF

POLICE OR CHIEF POLICE OFFICER OF THE CITY, OR VILLAGE IN WHICH THE

PREMISES FOR WHICH THE REVOKED LICENSE WAS ISSUED IS SITUATED, OR UPON

THE SHERIFF OF THE COUNTY OR A CONSTABLE OF THE TOWN IN CASE THE LICENSE

WAS ISSUED FOR PREMISES SITUATED IN A TOWN AND NOT WITHIN ANY CITY OR

VILLAGE. SUCH NOTICE SHALL INCLUDE A STATEMENT OF THE NUMBER OF SUCH

LICENSE, THE NAME AND PLACE OF RESIDENCE OF THE HOLDER THEREOF, THE

LOCATION OF THE LICENSED PREMISES, AND THE DATE WHEN SUCH LICENSE WAS

REVOKED. IN CASE SUCH LICENSE BE NOT FORTHWITH SURRENDERED, THE LIQUOR

AUTHORITY SHALL ISSUE A WRITTEN DEMAND FOR THE SURRENDER OF SUCH LICENSE

AND DELIVER SAID DEMAND TO THE SHERIFF OF THE COUNTY IN WHICH THE

LICENSED PREMISES ARE LOCATED, OR TO ANY REPRESENTATIVE OF THE LIQUOR

AUTHORITY, AND SAID SHERIFF OR REPRESENTATIVE SHALL IMMEDIATELY TAKE

POSSESSION OF SUCH LICENSE AND RETURN THE SAME TO THE LIQUOR AUTHORITY.

S 188. AUTHORITY TO PROMULGATE RULES AND REGULATIONS. THE LIQUOR

AUTHORITY SHALL PROMULGATE AND IMPLEMENT ALL RULES AND REGULATIONS AS IT

DEEMS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THIS ARTICLE.

S 189. PROTECTIONS FOR THE USE OF MARIHUANA. INDIVIDUALS AND LICENSED

ENTITIES SHALL NOT BE SUBJECT TO ARREST, PROSECUTION, OR PENALTY IN ANY

MANNER, OR DENIED ANY RIGHT OR PRIVILEGE, INCLUDING BUT NOT LIMITED TO

CIVIL LIABILITY OR DISCIPLINARY ACTION BY A BUSINESS OR OCCUPATIONAL OR

PROFESSIONAL LICENSING BOARD OR BUREAU, SOLELY FOR CONDUCT PERMITTED

UNDER THIS CHAPTER. STATE OR LOCAL LAW ENFORCEMENT AGENCIES SHALL NOT

COOPERATE WITH OR PROVIDE ASSISTANCE TO THE GOVERNMENT OF THE UNITED

STATES OR ANY AGENCY THEREOF IN ENFORCING THE CONTROLLED SUBSTANCE ACT,

21, U.S.C. S8012 ET SEQ., SOLELY FOR ACTIONS CONSISTENT WITH THIS CHAP-

TER, EXCEPT AS PURSUANT TO A VALID COURT ORDER.

S 190. CIVIL PROTECTIONS FOR THE USE OF MARIHUANA. THE PRESENCE OF

CANNABINOID METABOLITES IN THE BODILY FLUIDS OF A PERSON ENGAGED IN

CONDUCT PERMITTED UNDER THIS CHAPTER BY:

  1. A STUDENT, EMPLOYEE, OR TENANT, SHALL NOT FORM THE BASIS FOR

REFUSAL TO ENROLL OR EMPLOY OR LEASE TO OR OTHERWISE PENALIZE THAT

PERSON, UNLESS FAILING TO DO SO WOULD PUT THE SCHOOL, EMPLOYER, OR LAND-

LORD IN VIOLATION OF FEDERAL LAW OR CAUSE IT TO LOSE A FEDERAL CONTRACT

OR FUNDING;

  1. A PATIENT, SHALL NOT CONSTITUTE THE USE OF AN ILLICIT SUBSTANCE

RESULTING IN DENIAL OF MEDICAL CARE, INCLUDING ORGAN TRANSPLANT, AND A

PATIENT’S USE OF MARIHUANA MAY ONLY BE CONSIDERED WITH RESPECT TO

EVIDENCE-BASED CLINICAL CRITERIA; AND

  1. A PARENT OR LEGAL GUARDIAN OF A CHILD OR NEWBORN INFANT, OR A PREG-

NANT WOMAN, SHALL NOT FORM THE SOLE OR PRIMARY BASIS FOR ANY ACTION OR

PROCEEDING BY A CHILD WELFARE AGENCY UNDER TITLE ONE OF ARTICLE SIX OF

THE SOCIAL SERVICES LAW, OR A FAMILY COURT UNDER ARTICLE TEN OF THE

FAMILY COURT ACT.

S 31. The tax law is amended by adding a new article 18-A to read as

follows:

ARTICLE 18-A

PROVISIONS RELATING TO MARIHUANA

SECTION 446. DEFINITIONS.

  1. TAXES IMPOSED.

 

  1. COLLECTION OF TAX.
  2. FUND.
  3. LOCAL TAXES ON MARIHUANA BY A CITY OR TOWN.

450-A. ORDINARY AND NECESSARY EXPENSES DEDUCTIBLE FROM NET

INCOME.

S 446. DEFINITIONS. AS USED IN THIS ARTICLE:

  1. “CONCENTRATED CANNABIS” MEANS (A) THE SEPARATED RESIN, WHETHER

CRUDE OR PURIFIED, OBTAINED FROM A PLANT OF THE GENUS CANNABIS; OR (B) A

MATERIAL, PREPARATION, MIXTURE, COMPOUND OR OTHER SUBSTANCE WHICH

CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDROCANNABI-

NOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING SYSTEM, OR DELTA-1

TETRAHYDROCANNABINOL OR ITS ISOMER, DELTA 1 (6) MONOTERPENE NUMBERING

SYSTEM.

  1. “MARIHUANA” MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,

WHETHER GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY

PART OF THE PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE,

MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT

INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS,

OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-

FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE STALKS

(EXCEPT THE RESIN EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE

STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES

NOT INCLUDE ALL PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING

OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-

BINOL (THC).

  1. “MARIHUANA CONSUMER” MEANS A PERSON TWENTY-ONE YEARS OF AGE OR

OLDER WHO PURCHASED MARIHUANA OR MARIHUANA PRODUCTS FOR PERSONAL USE BY

PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.

  1. “MARIHUANA PROCESSOR” MEANS A PERSON LICENSED BY THE STATE LIQUOR

AUTHORITY TO PURCHASE MARIHUANA AND CONCENTRATED CANNABIS FROM MARIHUANA

PRODUCERS, TO PROCESS MARIHUANA, CONCENTRATED CANNABIS, AND MARIHUANA

INFUSED PRODUCTS, PACKAGE AND LABEL MARIHUANA, CONCENTRATED CANNABIS AND

MARIHUANA INFUSED PRODUCTS FOR SALE IN RETAIL OUTLETS, AND SELL MARIHUA-

NA, CONCENTRATED CANNABIS AND MARIHUANA INFUSED PRODUCTS AT WHOLESALE TO

MARIHUANA RETAILERS.

  1. “MARIHUANA PRODUCER” MEANS A PERSON LICENSED BY THE STATE LIQUOR

AUTHORITY TO PRODUCE, PROCESS, AND SELL MARIHUANA AND CONCENTRATED

CANNABIS AT WHOLESALE TO MARIHUANA PROCESSORS, MARIHUANA RETAILERS, OR

OTHER MARIHUANA PRODUCERS, BUT NOT TO CONSUMERS.

  1. “MARIHUANA PRODUCTS” MEANS MARIHUANA, CONCENTRATED CANNABIS, AND

MARIHUANA INFUSED PRODUCTS.

  1. “MARIHUANA-INFUSED PRODUCTS” MEANS PRODUCTS THAT CONTAIN MARIHUANA,

MARIHUANA EXTRACTS, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR HUMAN

USE OR CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS, OINT-

MENTS, AND TINCTURES.

  1. “MARIHUANA RETAILER” MEANS A PERSON LICENSED BY THE STATE LIQUOR

AUTHORITY   TO   PURCHASE   MARIHUANA,   CONCENTRATED   CANNABIS,   AND

MARIHUANA-INFUSED PRODUCTS FROM MARIHUANA PRODUCERS AND   MARIHUANA

PROCESSORS AND SELL MARIHUANA, MARIHUANA INFUSED PRODUCTS, AND CONCEN-

TRATED CANNABIS IN A RETAIL OUTLET.

  1. “MARIHUANA RETAILER FOR ON-PREMISES CONSUMPTION” MEANS A PERSON

LICENSED BY THE STATE LIQUOR AUTHORITY TO PURCHASE MARIHUANA, CONCEN-

TRATED CANNABIS, AND MARIHUANA INFUSED PRODUCTS FROM MARIHUANA PRODUC-

ERS, MARIHUANA RETAILERS AND MARIHUANA PROCESSORS AND SELL MARIHUANA

PRODUCTS FOR A CUSTOMER TO CONSUME WHILE THE CUSTOMER IS WITHIN THE

FACILITY.

 

S 447. TAXES IMPOSED. AN EXCISE TAX IS HEREBY LEVIED UPON MARIHUANA

SOLD OR OTHERWISE TRANSFERRED FROM A MARIHUANA PRODUCER TO A MARIHUANA

PROCESSOR AT A RATE OF FIFTY DOLLARS PER OUNCE OF MARIHUANA AND FIFTY

DOLLARS PER QUARTER OUNCE OF CONCENTRATED CANNABIS. IN THE EVENT THAT A

PERSON HOLDS BOTH A MARIHUANA PRODUCER LICENSE AND A MARIHUANA PROCESS-

ORS LICENSE, THE EXCISE TAX SHALL BE LEVIED AT THE TIME OF SALE TO A

MARIHUANA RETAILER OR MARIHUANA RETAILER FOR ON-PREMISES CONSUMPTION AT

THE SAME RATE BASED ON CONTENT OF MARIHUANA OR CONCENTRATED CANNABIS

CONTAINED IN THE PRODUCT SOLD.

S 448. COLLECTION OF TAX. THIS TAX SHALL BE COLLECTED BY THE COMMIS-

SIONER WHO SHALL ESTABLISH A PROCEDURE FOR THE COLLECTION OF THIS TAX.

S 449. FUND. PROCEEDS FROM THE TAX SHALL BE GIVEN TO THE STATE COMP-

TROLLER FOR PLACEMENT IN A FUND THAT SHALL BE KNOWN AS A MARIHUANA

REVENUE FUND. FIFTEEN PERCENT OF THE REVENUE COLLECTED IN THE MARIHUANA

REVENUE FUND SHALL BE DIVIDED EQUALLY BETWEEN (A) THE DIVISION OF CRIMI-

NAL JUSTICE SERVICES FOR RE-ENTRY SUPPORT SERVICES FOR INDIVIDUALS

RELEASED FROM PRISON AFTER SERVING TIME FOR DRUG RELATED OFFENSES; (B)

THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR DRUG ABUSE

PREVENTION AND TREATMENT PROGRAMS; AND (C) THE DEPARTMENT OF LABOR FOR

APPRENTICESHIP AND JOB TRAINING PROGRAMS TARGETING, WITH PREFERENCE

GIVEN TO PROGRAMS TARGETING CENSUS TRACTS WITH A POVERTY RATE OF AT

LEAST TWENTY PERCENT OR AN UNEMPLOYMENT RATE OF AT LEAST ONE AND ONE

QUARTER TIMES THE NEW YORK STATE UNEMPLOYMENT RATE. THE REMAINDER OF THE

REVENUE COLLECTED FROM THIS TAX SHALL GO INTO THE GENERAL FUND.

S 450. LOCAL TAXES ON MARIHUANA BY A CITY OR TOWN. ANY CITY OR TOWN IN

THIS STATE, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY AUTHOR-

IZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IMPOSING IN ANY SUCH

CITY OR TOWN A SALES TAX ON MARIHUANA RETAILERS AT A RATE OF FIVE

PERCENT OF THE SALE PRICE OF MARIHUANA PRODUCTS SOLD TO A MARIHUANA

CONSUMER. ANY TAXES IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION

SHALL BE ADMINISTERED AND COLLECTED BY THE TAX COMMISSION IN THE SAME

MANNER AS THE TAXES IMPOSED UNDER SECTION FOUR HUNDRED FORTY-EIGHT OF

THIS ARTICLE. THE COMMISSIONER IS HEREBY EMPOWERED TO MAKE SUCH

PROVISIONS AS IT DEEMS NECESSARY FOR THE JOINT ADMINISTRATION AND

COLLECTION OF THE STATE AND LOCAL TAXES IMPOSED AND AUTHORIZED BY THIS

ARTICLE.

S 450-A. ORDINARY AND NECESSARY EXPENSES DEDUCTIBLE FROM NET INCOME.

NOTWITHSTANDING ANY FEDERAL TAX LAW TO THE CONTRARY, IN COMPUTING NET

INCOME FOR BUSINESSES EXEMPTED FROM CRIMINAL PENALTIES UNDER ARTICLES

TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-ONE OF THE PENAL LAW AND ARTI-

CLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW, THERE SHALL BE ALLOWED

AS A DEDUCTION FROM STATE TAXES ALL THE ORDINARY AND NECESSARY EXPENSES

PAID OR INCURRED DURING THE TAXABLE YEAR IN CARRYING ON ANY TRADE OR

BUSINESS, INCLUDING, BUT NOT LIMITED TO, REASONABLE ALLOWANCE FOR SALA-

RIES OR OTHER COMPENSATION FOR PERSONAL SERVICES ACTUALLY RENDERED.

S 32. Subdivision 1 of section 170.56 of the criminal procedure law,

as amended by chapter 360 of the laws of 1977, is amended to read as

follows:

  1. Upon or after arraignment in a local criminal court upon an infor-

mation, a prosecutor’s information or a misdemeanor complaint, where the

sole remaining count or counts charge a violation or violations of

section 221.05, [221.10,] 221.15, 221.35 or 221.40 of the penal law and

before the entry of a plea of guilty thereto or commencement of a trial

thereof, the court, upon motion of a defendant, may order that all

proceedings be suspended and the action adjourned in contemplation of

dismissal, or upon a finding that adjournment would not be necessary or

 

appropriate and the setting forth in the record of the reasons for such

findings, may dismiss in furtherance of justice the accusatory instru-

ment; provided, however, that the court may not order such adjournment

in contemplation of dismissal or dismiss the accusatory instrument if:

(a) the defendant has previously been granted such adjournment in

contemplation of dismissal, or (b) the defendant has previously been

granted a dismissal under this section, or (c) the defendant has previ-

ously been convicted of any offense involving controlled substances, or

(d) the defendant has previously been convicted of a crime and the

district attorney does not consent or (e) the defendant has previously

been adjudicated a youthful offender on the basis of any act or acts

involving controlled substances and the district attorney does not

consent.

S 33. Section 210.46 of the criminal procedure law, as amended by

chapter 360 of the laws of 1977, is amended to read as follows:

S 210.46   Adjournment in contemplation of dismissal in marihuana cases

in a superior court.

Upon or after arraignment in a superior court upon an indictment where

the sole remaining count or counts charge a violation or violations of

section 221.05, [221.10,] 221.15, 221.35 or 221.40 of the penal law and

before the entry of a plea of guilty thereto or commencement of a trial

thereof, the court, upon motion of a defendant, may order that all

proceedings be suspended and the action adjourned in contemplation of

dismissal or may dismiss the indictment in furtherance of justice, in

accordance with the provisions of section 170.56 of this chapter.

S 34. Paragraph (c) of subdivision 8 of section 700.05 of the criminal

procedure law, as amended by section 11 of part AAA of chapter 56 of the

laws of 2009, is amended to read as follows:

(c) Criminal possession of a controlled substance in the seventh

degree as defined in section 220.03 of the penal law, criminal

possession of a controlled substance in the fifth degree as defined in

section 220.06 of the penal law, criminal possession of a controlled

substance in the fourth degree as defined in section 220.09 of the penal

law, criminal possession of a controlled substance in the third degree

as defined in section 220.16 of the penal law, criminal possession of a

controlled substance in the second degree as defined in section 220.18

of the penal law, criminal possession of a controlled substance in the

first degree as defined in section 220.21 of the penal law, criminal

sale of a controlled substance in the fifth degree as defined in section

220.31 of the penal law, criminal sale of a controlled substance in the

fourth degree as defined in section 220.34 of the penal law, criminal

sale of a controlled substance in the third degree as defined in section

220.39 of the penal law, criminal sale of a controlled substance in the

second degree as defined in section 220.41 of the penal law, criminal

sale of a controlled substance in the first degree as defined in section

220.43 of the penal law, criminally possessing a hypodermic instrument

as defined in section 220.45 of the penal law, criminal possession of

methamphetamine manufacturing material in the second degree as defined

in section 220.70 of the penal law, criminal possession of methampheta-

mine manufacturing material in the first degree as defined in section

220.71 of the penal law, criminal possession of precursors of methamphe-

tamine as defined in section 220.72 of the penal law, unlawful manufac-

ture of methamphetamine in the third degree as defined in section 220.73

of the penal law, unlawful manufacture of methamphetamine in the second

degree as defined in section 220.74 of the penal law, unlawful manufac-

ture of methamphetamine in the first degree as defined in section 220.75

 

of the penal law, unlawful disposal of methamphetamine laboratory mate-

rial as defined in section 220.76 of the penal law, operating as a major

trafficker as defined in section 220.77 of the penal law, [criminal

possession of marihuana in the first degree as defined in section 221.30

of the penal law, criminal sale of marihuana in the first degree as

defined in section 221.55 of the penal law,] promoting gambling in the

second degree as defined in section 225.05 of the penal law, promoting

gambling in the first degree as defined in section 225.10 of the penal

law, possession of gambling records in the second degree as defined in

section 225.15 of the penal law, possession of gambling records in the

first degree as defined in section 225.20 of the penal law, and

possession of a gambling device as defined in section 225.30 of the

penal law;

S 35. Paragraphs (b) and (c) of subdivision 4-b and subdivisions 6 and

9 of section 1310 of the civil practice law and rules, paragraphs (b)

and (c) of subdivision 4-b as added by chapter 655 of the laws of 1990

and subdivisions 6 and 9 as added by chapter 669 of the laws of 1984,

are amended to read as follows:

(b) on three or more occasions, engaging in conduct constituting a

violation of any of the felonies defined in section 220.09, 220.16,

220.18, 220.21, 220.31, 220.34, 220.39, 220.41[,] OR 220.43 [or 221.55]

of the penal law, which violations do not constitute a single criminal

offense as defined in subdivision one of section 40.10 of the criminal

procedure law, or a single criminal transaction, as defined in paragraph

(a) of subdivision two of section 40.10 of the criminal procedure law,

and at least one of which resulted in a conviction of such offense, or

where the accusatory instrument charges one or more of such felonies,

conviction upon a plea of guilty to a felony for which such plea is

otherwise authorized by law; or

(c) a conviction of a person for a violation of section 220.09,

220.16, 220.34 or 220.39 of the penal law, [or a conviction of a crimi-

nal defendant for a violation of section 221.30 of the penal law,] or

where the accusatory instrument charges any such felony, conviction upon

a plea of guilty to a felony for which the plea is otherwise authorized

by law, together with evidence which: (i) provides substantial indicia

that the defendant used the real property to engage in a continual,

ongoing course of conduct involving the unlawful mixing, compounding,

manufacturing, warehousing, or packaging of controlled substances [or

where the conviction is for a violation of section 221.30 of the penal

law, marijuana,] as part of an illegal trade or business for gain; and

(ii) establishes, where the conviction is for possession of a controlled

substance [or where the conviction is for a violation of section 221.30

of the penal law, marijuana], that such possession was with the intent

to sell it.

[6. “Pre-conviction forfeiture crime” means only a felony defined in

article two hundred twenty or section 221.30 or 221.55 of the penal

law.]

  1. “Criminal defendant” means a person who has criminal liability for

a crime defined in subdivisions five and six hereof. For purposes of

this article, a person has criminal liability when [(a)] he has been

convicted of a post-conviction forfeiture crime[, or (b) the claiming

authority proves by clear and convincing evidence that such person has

committed an act in violation of article two hundred twenty or section

221.30 or 221.55 of the penal law].

S 36. Subdivision 3-a and paragraphs (a) and (b) of subdivision 11 of

section 1311 of the civil practice law and rules, subdivision 3-a as

 

added by chapter 655 of the laws of 1990 and paragraphs (a) and (b) of

subdivision 11 as amended by section 47 of part A1 of chapter 56 of the

laws of 2010, are amended to read as follows:

3-a. Conviction of a person in a criminal action upon an accusatory

instrument which includes one or more of the felonies specified in

subdivision four-b of section thirteen hundred ten of this article, of

any felony other than such felonies, shall not preclude a defendant, in

any subsequent proceeding under this article where that conviction is at

issue, from adducing evidence that the conduct underlying the conviction

would not establish the elements of any of the felonies specified in

such subdivision other than the one to which the criminal defendant pled

guilty. If the defendant does adduce such evidence, the burden shall be

upon the claiming authority to prove, by clear and convincing evidence,

that the conduct underlying the criminal conviction would establish the

elements of the felony specified in such subdivision. Nothing contained

in this subdivision shall affect the validity of a settlement of any

forfeiture action negotiated between the claiming authority and a crimi-

nal defendant contemporaneously with the taking of a plea of guilty in a

criminal action to any felony defined in article two hundred twenty [or

section 221.30 or 221.55] of the penal law, or to a felony conspiracy to

commit the same.

(a) Any stipulation or settlement agreement between the parties to a

forfeiture action shall be filed with the clerk of the court in which

the forfeiture action is pending. No stipulation or settlement agreement

shall be accepted for filing unless it is accompanied by an affidavit

from the claiming authority that written notice of the stipulation or

settlement agreement, including the terms of such, has been given to the

office of victim services, the state division of criminal justice

services[, and in the case of a forfeiture based on a felony defined in

article two hundred twenty or section 221.30 or 221.55 of the penal law,

to the state division of substance abuse services].

(b) No judgment or order of forfeiture shall be accepted for filing

unless it is accompanied by an affidavit from the claiming authority

that written notice of judgment or order, including the terms of such,

has been given to the office of victim services, the state division of

criminal justice services[, and in the case of a forfeiture based on a

felony defined in article two hundred twenty or section 221.30 or 221.55

of the penal law, to the state division of substance abuse services].

S 37. Subdivision 13 of section 89-f of the general business law, as

added by chapter 336 of the laws of 1992, is amended to read as follows:

  1. “Serious offense” shall mean any felony involving the offenses

enumerated in the closing paragraph of this subdivision; a criminal

solicitation of or a conspiracy to commit or an attempt to commit or a

criminal facilitation of a felony involving the offenses enumerated in

the closing paragraph of this subdivision, which criminal solicitation,

conspiracy, attempt or criminal facilitation itself constitutes a felony

or any offense in any other jurisdiction which if committed in this

state would constitute a felony; any offense in any other jurisdiction

which if committed in this state would constitute a felony provided that

for the purposes of this article, none of the following shall be consid-

ered criminal convictions or reported as such: (i) a conviction for

which an executive pardon has been issued pursuant to the executive law;

(ii) a conviction which has been vacated and replaced by a youthful

offender finding pursuant to article seven hundred twenty of the crimi-

nal procedure law, or the applicable provisions of law of any other

jurisdiction; or (iii) a conviction the records of which have been

 

sealed pursuant to the applicable provisions of the laws of this state

or of any other jurisdiction; and (iv) a conviction for which other

evidence of successful rehabilitation to remove the disability has been

issued.

Felonies involving: assault, aggravated assault and reckless endanger-

ment pursuant to article one hundred twenty; vehicular manslaughter,

manslaughter and murder pursuant to article one hundred twenty-five; sex

offenses pursuant to article one hundred thirty; unlawful imprisonment,

kidnapping or coercion pursuant to article one hundred thirty-five;

criminal trespass and burglary pursuant to article one hundred forty;

criminal mischief, criminal tampering and tampering with a consumer

product pursuant to article one hundred forty-five; arson pursuant to

article one hundred fifty; larceny and offenses involving theft pursuant

to article one hundred fifty-five; offenses involving computers pursuant

to article one hundred fifty-six; robbery pursuant to article one

hundred sixty; criminal possession of stolen property pursuant to arti-

cle one hundred sixty-five; forgery and related offenses pursuant to

article one hundred seventy; involving false written statements pursuant

to article one hundred seventy-five; commercial bribing and commercial

bribe receiving pursuant to article one hundred eighty; criminal imper-

sonation and scheme to defraud pursuant to article one hundred ninety;

bribery involving public servants and related offenses pursuant to arti-

cle two hundred; perjury and related offenses pursuant to article two

hundred ten; tampering with a witness, intimidating a victim or witness

and tampering with physical evidence pursuant to article two hundred

fifteen; criminal possession of a controlled substance pursuant to

sections 220.06, 220.09, 220.16, 220.18 and 220.21; criminal sale of a

controlled substance pursuant to sections 220.31, 220.34, 220.39,

220.41, 220.43 and 220.44; criminal sale of [marijuana] MARIHUANA IN THE

FIRST DEGREE pursuant to [sections] SECTION 221.45[, 221.50 and 221.55];

riot in the first degree, aggravated harassment in the first degree,

criminal nuisance in the first degree and falsely reporting an incident

in the second or first degree pursuant to article two hundred forty; and

crimes against public safety pursuant to article two hundred sixty-five

of the penal law.

S 38. Paragraph (f) of subdivision 2 of section 850 of the general

business law is REPEALED.

S 39. Paragraph (h) of subdivision 2 of section 850 of the general

business law, as amended by chapter 812 of the laws of 1980, is amended

to read as follows:

(h) Objects, used or designed for the purpose of ingesting, inhaling,

or otherwise introducing [marihuana,] cocaine, hashish, or hashish oil

into the human body.

S 40. Paragraph a of subdivision 4-a of section 165 of the state

finance law, as added by chapter 95 of the laws of 2000, is amended to

read as follows:

  1. In order to advance specific economic goals, New York state

labelled wines, as defined in subdivision [twenty-a] TWENTY-J of section

three of the alcoholic beverage control law, shall have favored source

status for the purposes of procurement in accordance with the provisions

of this subdivision. Procurement of these New York state labelled wines

shall be exempt from the competitive procurement provisions of section

one hundred sixty-three of this article and other competitive procure-

ment statutes.   Such exemption shall apply to New York state labelled

wines as defined in subdivision [twenty-a] TWENTY-J of section three of

 

the alcoholic beverage control law produced by a licensed winery as

defined in section seventy-six of the alcoholic beverage control law.

S 41. Subdivision 7 of section 995 of the executive law, as amended by

chapter 19 of the laws of 2012, is amended to read as follows:

  1. “Designated offender” means a person convicted of any felony

defined in any chapter of the laws of the state or any misdemeanor

defined in the penal law [except that where the person is convicted

under section 221.10 of the penal law, only a person convicted under

subdivision two of such section, or a person convicted under subdivision

one of such section who stands previously convicted of any crime as

defined in subdivision six of section 10.00 of the penal law].

S 42. Paragraphs (b) and (c) of subdivision 7 of section 480.00 of the

penal law, paragraph (b) as amended by section 31 of part AAA of chapter

56 of the laws of 2009 and paragraph (c) as added by chapter 655 of the

laws of 1990, are amended to read as follows:

(b) three or more violations of any of the felonies defined in section

220.09,   220.16,   220.18, 220.21, 220.31, 220.34, 220.39, 220.41,

220.43[,] OR 220.77[, or 221.55] of this chapter, which violations do

not constitute a single criminal offense as defined in subdivision one

of section 40.10 of the criminal procedure law, or a single criminal

transaction, as defined in paragraph (a) of subdivision two of section

40.10 of the criminal procedure law, and at least one of which resulted

in a conviction of such offense, or where the accusatory instrument

charges one or more of such felonies, conviction upon a plea of guilty

to a felony for which such plea is otherwise authorized by law; or

(c) a conviction of a person for a violation of section 220.09,

220.16, 220.34[,] OR 220.39[, or 221.30] of this chapter, or where the

accusatory instrument charges any such felony, conviction upon a plea of

guilty to a felony for which the plea is otherwise authorized by law,

together with evidence which: (i) provides substantial indicia that the

defendant used the real property to engage in a continual, ongoing

course of conduct involving the unlawful mixing, compounding, manufac-

turing, warehousing, or packaging of controlled substances [or where the

conviction is for a violation of section 221.30 of this chapter, mari-

juana] as part of an illegal trade or business for gain; and (ii) estab-

lishes, where the conviction is for possession of a controlled substance

[or where the conviction is for a violation of section 221.30 of this

chapter, marijuana], that such possession was with the intent to sell

it.

S 43. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle

and traffic law, as amended by chapter 400 of the laws of 2011, is

amended to read as follows:

(c) The offenses referred to in subparagraph (i) of paragraph (b) of

subdivision one and subparagraph (i) of paragraph (c) of subdivision two

of this section that result in disqualification for a period of five

years shall include a conviction under sections 100.10, 105.13, 115.05,

120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,

125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,

140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,

220.16, 220.31, 220.34, 220.60, 220.65, [221.30, 221.50, 221.55,]

230.00, 230.05, 230.06, 230.20, 235.05, 235.06, 235.07, 235.21, 240.06,

245.00, 260.10, subdivision two of section 260.20 and sections 260.25,

265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law

or an attempt to commit any of the aforesaid offenses under section

110.00 of the penal law, or any similar offenses committed under a

former section of the penal law, or any offenses committed under a

 

former section of the penal law which would constitute violations of the

aforesaid sections of the penal law, or any offenses committed outside

this state which would constitute violations of the aforesaid sections

of the penal law.

S 44. Severability. If any provision or term of this act is for any

reason declared unconstitutional or invalid or ineffective by any court

of competent jurisdiction, such decision shall not affect the validity

of the effectiveness of the remaining portions of this act or any part

thereof.

S 45. This act shall take effect immediately.

 

 

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Author: patoglesby

From 1982 to 1990, I worked in tax policy for Committees of the United States Congress. In recent years, I was Adjunct Lecturer at UNC-Chapel Hill's Business School and then Adjunct Professor at its Law School.

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