NY Cannabis § 77 (2021)
2021 New York Laws CAN - Cannabis Article 4 - Adult-Use Cannabis 77 - Adult-Use On-Site Consumption License; Provisions Governing On-Site Consumption Licenses.

§  77.  Adult-use  on-site  consumption  license; provisions governing on-site consumption licenses.  1.  No  applicant  shall  be  granted  an adult-use  on-site  consumption  license  for  any  premises, unless the applicant shall be the owner thereof, or shall be in possession of  said premises under a lease, in writing, 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 provided  in  this  section.  This subdivision shall not apply to premises leased from government agencies; provided, however, that the appropriate administrator of such government agency  provides  some form of written documentation regarding the terms of occupancy under which the applicant is leasing said premises from the government agency for presentation to the office  at  the  time  of  the license  application.  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.   2. No person may have a direct or indirect  financial  or  controlling interest  in  more  than  three  adult-use  on-site consumption licenses issued pursuant to this chapter.   3. No person holding an adult-use on-site consumption license may also hold   an   adult-use   retail   dispensary,   cultivation,   processor, microbusiness,  cooperative  or  distributor  license  pursuant  to this article or be  registered  as  a  registered  organization  pursuant  to article three of this chapter.   4.  No  applicant  shall  be  granted an adult-use on-site consumption license for any premises within five hundred feet of school  grounds  as such  term  is  defined  in the education law or two hundred feet from a house of worship.   5. The board may consider any or all of the following  in  determining whether public convenience and advantage and the public interest will be promoted  by the granting of an adult-use on-site consumption license at a particular location:  (a) that it is a privilege, and not a right,  to  cultivate,  process, distribute, and sell cannabis;  (b)  the number, classes, and character of other licenses in proximity to the location  and  in  the  particular  municipality  or  subdivision thereof;  (c)  evidence  that  all  necessary  licenses  and  permits  have been obtained from the state and all other governing bodies;  (d) whether there  is  a  demonstrated  need  for  spaces  to  consume cannabis;  (e)  effect  of  the  grant  of the license on pedestrian or vehicular traffic, and parking, in proximity to the location;  (f) the existing noise level at the location and any increase in noise level that would be generated by the proposed premises; and  (g) any other factors specified by law or regulation that are relevant to determine that granting a license would  promote  public  convenience and advantage and the public interest of the community.   6.  If  the  board  shall  disapprove  an  application  for an on-site consumption license, it shall state and file in its offices the  reasons therefor  and  shall  notify  the  applicant thereof. Such applicant may thereupon apply to the board for a review of such action in a manner  to be prescribed by the rules of the board.   7.  No adult-use cannabis on-site consumption licensee shall keep upon the licensed premises  any  adult-use  cannabis  products  except  those purchased from a licensed adult-use distributor; registered organization adult-use  cultivator processor distributor retail dispenser; registered organization   adult-use   cultivator,   processor   and    distributor;  cooperative, or microbusiness authorized to sell adult-use cannabis, and only  in  containers  approved  by the board. Such containers shall have affixed thereto such labels as may be  required  by  the  rules  of  the board.  No  adult-use  on-site consumption licensee shall reuse, refill, tamper with, adulterate, dilute or fortify the contents of any container of cannabis products as received from the manufacturer or distributor.   8. No adult-use on-site consumption licensee shall  sell,  deliver  or give  away, or cause or permit or procure to be sold, delivered or given away any cannabis for consumption  on  the  premises  where  sold  in  a container  or  package  containing a quantity or number of servings more than authorized by the board.   9. No adult-use on-site consumption licensee shall suffer,  permit  or promote  activities  or  events on its premises wherein any person shall use  such  premises  for  activities  including,  but  not  limited  to, gambling,  exposing  or  simulating,  contests,  or  fireworks  that are prohibited by subdivision six, six-a, six-b, six-c or seven  of  section one  hundred  six  of  the  alcoholic  beverage control law or any other similar activities the board deems to be prohibited.   10. No premises  licensed  to  sell  adult-use  cannabis  for  on-site consumption under 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 method approved by the  board  of  controlling  access  to  the facility.   11.  Each  adult-use  on-site  consumption  licensee  shall  keep  and maintain  upon  the  licensed  premises,   adequate   records   of   all transactions  involving  the  business transacted by such licensee which shall show the amount of cannabis  products,  in  an  applicable  metric measurement, 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  cannabis  products  made  by  such  licensee.  The  board  is hereby authorized to promulgate rules and  regulations  permitting  an  on-site licensee  operating  two  or  more  premises separately licensed to sell cannabis products for on-site 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  cannabis products, or methods and practices of centralized receipt or storage of cannabis 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  chapter.  Such records   shall   be   available   for   inspection  by  any  authorized representative of the board.   12. All licensed  adult-use  on-site  consumption  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  board, during the hours when the said premises are open for the transaction of business.   13. An  adult-use  on-site  consumption  licensee  shall  not  provide cannabis  products  to any person under the age of twenty-one. No person under the age of twenty-one shall be permitted  on  the  premises  of  a cannabis on-site consumption facility.    14.  The  provisions  of  article  thirteen-E of the public health law restricting the smoking  or  vaping  of  cannabis  shall  not  apply  to adult-use on-site consumption premises.