2023 New York Laws › CAN - Cannabis › Article 6 - General Provisions › 126 - License to Be Confined to Premises Licensed; Premises for Which No License Shall Be Granted; Transporting Cannabis.

§ 126. License to be confined to premises licensed; premises for which
no  license  shall be granted; transporting cannabis. 1. A registration,
license, or permit issued to any person, pursuant to this  chapter,  for
any   registered,   licensed,   or   permitted  premises  shall  not  be
transferable to any other person, to any other location or premises,  or
to  any  other  building or part of the building containing the licensed
premises except in the discretion of the office. All privileges  granted
by  any  registration, license, or permit shall be available only to the
person therein specified, and only for  the  premises  licensed  and  no
other  except  if  authorized  by the board. Provided, however, that the
provisions of this section shall not be deemed to prohibit the amendment
of a registration  or  license  as  provided  for  in  this  chapter.  A
violation  of  this  section shall subject the registration, license, or
permit to revocation for cause.
2. Where a registration or license for premises has been revoked,  the
board  in its discretion may refuse to issue a registration, license, or
permit under this chapter, for a period of up to five years  after  such
revocation, for such premises or for any part of the building containing
such premises and connected therewith.
3.  In  determining  whether  to  issue  such  a  proscription against
granting any registration, license, or permit for such five-year period,
in addition to any other factors deemed relevant to the board, the board
shall, in the case of a license revoked due to the sale of cannabis to a
person under the age of twenty-one  not  otherwise  authorized  by  this
chapter, determine whether the proposed subsequent licensee has obtained
such  premises  through  an  arm's  length  transaction,  and,  if  such
transaction is not found to be an arm's length transaction,  the  office
shall deny the issuance of such license.
4. For purposes of this section, "arm's length transaction" shall mean
a  sale  of  a  fee  of all undivided interests in real property, lease,
management agreement, or other agreement giving  the  applicant  control
over  the  cannabis  at  the  premises, or any part thereof, in the open
market, between an informed and willing buyer and seller  where  neither
is under any compulsion to participate in the transaction, unaffected by
any unusual conditions indicating a reasonable possibility that the sale
was  made  for  the purpose of permitting the original licensee to avoid
the effect of the revocation. The following sales shall be presumed  not
to  be  arm's  length  transactions  unless  adequate  documentation  is
provided demonstrating that the sale, lease,  management  agreement,  or
other  agreement  giving  the applicant control over the cannabis at the
premises, was not conducted, in whole or in part,  for  the  purpose  of
permitting the original licensee to avoid the effect of the revocation:
(a) a sale between relatives;
(b) a sale between related companies or partners in a business; or
(c) a sale, lease, management agreement, or other agreement giving the
applicant  control  over the cannabis at the premises, affected by other
facts or  circumstances  that  would  indicate  that  the  sale,  lease,
management  agreement,  or  other agreement giving the applicant control
over the cannabis at the premises,  is  entered  into  for  the  primary
purpose  of  permitting the original licensee to avoid the effect of the
revocation.
5. No registered organization, licensee or permittee  shall  transport
cannabis  products  or  medical  cannabis  except  in vehicles owned and
operated by such registered  organization,  licensee  or  permittee,  or
hired   and  operated  by  such  registered  organization,  licensee  or
permittee from  a  trucking  or  transportation  company  permitted  and
registered with the board.
6.  No common carrier or person operating a transportation facility in
this state, other than the United  States  government,  shall  knowingly
receive  for  transportation  or  delivery within the state any cannabis
products or medical cannabis unless the shipment  is  accompanied  by  a
copy  of  a  bill  of  lading,  or  other document, showing the name and
address of the consignor, the name and address  of  the  consignee,  the
date  of the shipment, and the quantity and kind of cannabis products or
medical cannabis contained therein.