NY Cannabis § 64 (2021)
2021 New York Laws CAN - Cannabis Article 4 - Adult-Use Cannabis 64 - Selection Criteria.

§  64.  Selection criteria. 1. The board shall develop regulations for use by the office in determining whether or not an applicant  should  be granted  the  privilege  of an initial adult-use cannabis license, based on, but not limited to, the following criteria:  (a) the applicant is a social and economic equity applicant;  (b) the applicant will be able to maintain effective  control  against the illegal diversion or inversion of cannabis;  (c)  the  applicant  will  be able to comply with all applicable state laws and regulations;  (d) the applicant and its officers are ready,  willing,  and  able  to properly carry on the activities for which a license is sought including with  assistance  from  the  social  and  economic  equity and incubator program, if applicable;  (e) where appropriate and applicable, the applicant possesses  or  has the  right  to use sufficient land, buildings, and equipment to properly carry on the activity described in the application or has a plan  to  do so if qualifying as a social and economic equity applicant;  (f)  the applicant qualifies as a social and economic equity applicant or  sets  out   a   plan   for   benefiting   communities   and   people disproportionally impacted by enforcement of cannabis laws;  (g)  it is in the public interest that such license be granted, taking into consideration, but not limited to, the following criteria:  (i) that it is a privilege, and not a right,  to  cultivate,  process, distribute, and sell adult-use cannabis;  (ii) the number, classes, and character of other licenses in proximity to  the location and in the particular municipality, subdivision thereof or geographic boundary as established by the board;  (iii) evidence that all necessary licenses and permits  have  been  or will be obtained from the state and all other relevant governing bodies;  (iv)  effect  of  the  grant of the license on pedestrian or vehicular traffic, and parking, in proximity to the location;  (v) the existing noise level at the location and any increase in noise level that would be generated by the proposed premises;  (vi) the ability  to  increase  climate  resiliency  and  minimize  or eliminate  adverse  environmental  impacts, including but not limited to water usage, energy usage, carbon emissions, waste, pollutants,  harmful chemicals and single use plastics;  (vii) the effect on the production, price and availability of cannabis and cannabis products;  (viii)  the  applicant's history of violations and compliance with the laws of another jurisdiction, in which they operate or have  operated  a cannabis license or registration, related to the operation of a cannabis business;  (ix) the applicant's history of violations related to the operation of a  business,  including  but not limited to, violations related to labor laws, federal occupational safety and health law and tax compliance; and  (x) any other factors specified by law or regulation that are relevant to determine that granting a license would  promote  public  convenience and  advantage,  public health and safety and the public interest of the state, county or community.  (h) the  applicant  and  its  managing  officers  are  of  good  moral character  and  do not have an ownership or controlling interest in more licenses or permits than allowed by this  chapter,  or  any  regulations promulgated hereunder;  (i)  the  applicant  has  entered  into a labor peace agreement with a bona-fide labor organization that is actively engaged in representing or attempting to represent the applicant's employees, and  the  maintenance of  such  a labor peace agreement shall be an ongoing material condition  of licensure. In evaluating applications from entities with  twenty-five or  more  employees,  the  office  shall  give  consideration to whether applicants have entered into an agreement  with  a  statewide  or  local bona-fide building and construction trades organization for construction work on its licensed facilities;  (j)   the   applicant   will  contribute  to  communities  and  people disproportionately  harmed  by  enforcement  of  cannabis  laws  through including,  but  not  limited to, the social responsibility framework as provided  in  section  sixty-six  of  this  article  and  report   these contributions to the board;  (k)  if  the  application  is for an adult-use cultivator or processor license, the environmental and energy impact, including compliance  with energy standards, of the facility to be licensed;  (l)  the applicant satisfies any other conditions as determined by the board; and  (m) if the applicant is a registered organization, the  organization's maintenance of effort in manufacturing and/or dispensing and/or research of medical cannabis for certified patients and caregivers.   2. If the board is not satisfied that the applicant should be issued a license, the executive director shall notify the applicant in writing of the specific reason or reasons recommended by the board for denial.   3.  The  state  cannabis  advisory  board  shall have the authority to recommend to the board the number of licenses issued  pursuant  to  this article  to ensure a competitive market where no licensee is dominant in the statewide marketplace or in any individual category of licensing, to actively promote and potentially  license  social  and  economic  equity applicants, and carry out the goals of this chapter.