NY Cannabis § 85 (2021)
2021 New York Laws CAN - Cannabis Article 4 - Adult-Use Cannabis 85 - Provisions Governing Adult-Use Cannabis Retail Dispensaries.

§  85. Provisions governing adult-use cannabis retail dispensaries. 1.   No cannabis retail licensee shall sell, deliver, or give away  or  cause   or permit or procure to be sold, delivered or given away any cannabis to   any  person,  actually  or apparently, under the age of twenty-one years   or, any visibly intoxicated person.2. Valid proof of age is required for each transaction.  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 cannabis  or  cannabis   product,  any  documentation other than: (a) 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  (b) a valid passport issued by the United States government   or any other country, or (c) 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  cannabis  or   cannabis  product.  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 may be scanned by a  device  capable  of   deciphering  any  electronically readable format. 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 cannabis or cannabis product shall be denied.3.  No  cannabis  retail  licensee shall sell alcoholic beverages, nor   have or possess a license or permit to sell alcoholic beverages, on  the   same premises where cannabis products are sold.4.  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 board.5.  No  cannabis  retail  licensee  shall sell or deliver any cannabis   products to any person with knowledge of, or with  reasonable  cause  to   believe,  that the person to whom such cannabis products are being sold,   has acquired the same for the purpose of selling or giving them away  in   violation of the provisions of this chapter or in violation of the rules   and regulations of the board.6.  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   board.  All  licensees  shall be subject to reasonable inspection by the   office and a person who holds a license must make himself or herself, or   an agent thereof, available and present for any inspection  required  by   the  office.  The  office  shall  make reasonable accommodations so that   ordinary business is not interrupted, and safety and security procedures   are not compromised by the inspection.7. No cannabis  retail  licensee  shall  be  interested,  directly  or   indirectly,  in  any cultivator, processor, distributor or microbusiness   operator  licensed  pursuant  to  this  article,  by  stock   ownership,   interlocking  directors,  mortgage  or  lien  on  any  personal  or real   property or by any other means. Any lien, mortgage or other interest  or   estate, however, now held by such retailer on or in the personal or real   property  of  such  manufacturer  or  distributor, which mortgage, lien,    interest or estate was acquired on or before December thirty-first,  two   thousand  nineteen,  shall not be included within the provisions of this   subdivision; provided, however, the burden of establishing the  time  of   the  accrual  of the interest comprehended by this subdivision, shall be   upon the person  who  claims  to  be  entitled  to  the  protection  and   exemption afforded hereby.8. No cannabis retail licensee shall make or cause to be made any loan   to  any person engaged in the cultivation, processing or distribution of   cannabis pursuant to this article.9. Each cannabis retail licensee shall designate  the  price  of  each   item  of  cannabis  by  attaching to or otherwise displaying immediately   adjacent to each such item displayed in the  interior  of  the  licensed   premises where sales are made a price tag, sign or placard setting forth   the price at which each such item is offered for sale therein.10.  No  person  licensed  to  sell cannabis products at retail, shall   allow or permit any gambling, or offer  any  gambling  on  the  licensed   premises,  or  allow  or  permit  illicit  drug activity on the licensed   premises.11.  All  adult-use  dispensing  facilities  shall  make   educational   materials  and resources available to cannabis consumers at the point of   sale, as prescribed by the board.12. The board  is  authorized,  to  promulgate  regulations  governing   licensed  adult-use dispensing facilities, including but not limited to,   the hours of operation, size and  location  of  the  licensed  facility,   types  and  concentration of product servings offered and establishing a   minimum and maximum margin for retail  dispensary  markups  of  cannabis   product  or  products before selling to a cannabis consumer. It shall be   unlawful for any  retail  dispensary  to  sell  any  adult-use  cannabis   product for less than the minimum markup allowed in regulation.