2023 New York Laws › CAN - Cannabis › Article 2 - New York State Cannabis Control Board › 16-A - Emergency Relief.

* §  16-a.  Emergency  relief. Following service of an order issued by
the office of  cannabis  management  requiring  immediate  cessation  of
unlicensed  activity  under this chapter, by a local government pursuant
to a local law authorized by section  one  hundred  thirty-one  of  this
chapter  or  pursuant  to  an  order  issued  under section 7-552 of the
administrative code of the city of New  York,  the  office  of  cannabis
management,  or the attorney general, at the request of and on behalf of
the office, or  any  county  attorney,  corporation  counsel,  or  local
government  authorized  pursuant to subdivision eight of this section to
bring and maintain a civil proceeding in accordance with the  procedures
set  forth in this section, may bring and maintain a civil proceeding in
the supreme court of the county in which the  building  or  premises  is
located  to  permanently enjoin such unlicensed activity when conducted,
maintained, or permitted in such building or  premises,  occupied  as  a
place  of  business  as described in subdivision eight of section ten of
this chapter, in violation of subdivision one or one-a  of  section  one
hundred  twenty-five of this chapter or subdivision eight of section one
hundred thirty-two of this chapter, which shall constitute an unlicensed
activity that presents a  danger  to  the  public  health,  safety,  and
welfare,  and  shall  also  enjoin  the  person or persons conducting or
maintaining such unlicensed activity, in accordance with  the  following
procedures:
1.  Proceeding  for permanent injunction. (a) To the extent known, the
owner, lessor,  and  lessee  of  a  building  or  premises  wherein  the
unlicensed  activity  is being conducted, maintained, or permitted shall
be made defendants in the proceeding. The venue of such proceeding shall
be in the county where  the  unlicensed  activity  is  being  conducted,
maintained,  or permitted or in any venue where a respondent is located.
The existence of an  adequate  remedy  at  law  shall  not  prevent  the
granting of temporary or permanent relief pursuant to this section.
(b)  The  proceeding shall name as defendants the building or premises
wherein the unlicensed  activity  is  being  conducted,  maintained,  or
permitted,  by  describing it by tax lot and street address and at least
one of the owners of some part of or interest in the property.
(c) In rem  jurisdiction  shall  be  complete  over  the  building  or
premises wherein the unlicensed activity is being conducted, maintained,
or  permitted  by affixing the notice of petition or order to show cause
to the door of the building or premises and by  mailing  the  notice  of
petition  or order to show cause by certified or registered mail, return
receipt requested, to one of the owners of some part of or  interest  in
the property. Proof of service shall be filed within two days thereafter
with  the  clerk of the court designated in the notice of petition or as
set by the court in the  order  to  show  cause.  In  any  county  where
e-filing  is  unavailable,  proof of service may be mailed to the clerk.
Service shall be complete upon such filing or mailing.
(d) Defendants, other  than  the  building  or  premises  wherein  the
unlicensed  activity is being conducted, maintained, or permitted, shall
be served with the notice of petition or order to show cause as provided
in the civil practice law and rules or pursuant to court order. No  more
than thirty days prior to such service, the office shall mail a copy, by
certified  mail,  of  any  order  to  cease  and  desist relating to the
unlicensed activity at the building or premises to the person  in  whose
name  the  real  estate  affected  by  the proceeding is recorded in the
office of the city register or the county clerk, as the case may be, who
shall be presumed to be the owner thereof. Such mailing shall constitute
notice to the owner and shall be deemed to be complete upon such mailing
by the office as provided above. No more than fifteen days prior to such
service, the office, the attorney general, at  the  request  of  and  on

behalf  of  the  office  of cannabis management, or any local government
authorized pursuant to subdivision eight of this  section  shall  verify
the  ongoing  occupancy  of any natural person who is a tenant of record
and  alleged  to have caused or permitted the unlicensed activity in the
building or premises wherein the unlicensed activity is alleged to  have
been conducted, maintained, or permitted.
(e)  With  respect  to  any  proceeding  commenced  or to be commenced
pursuant to this section by the office of  cannabis  management  or  the
attorney  general,  at  the  request of and on behalf of the office, may
file a  notice  of  pendency  pursuant  to  the  provisions  of  article
sixty-five of the civil practice law and rules.
(f)  The  person  in  whose  name  the  real  estate  affected  by the
proceeding is recorded in the office of the city register or the  county
clerk,  as  the  case may be, shall be presumed to be the owner thereof.
Upon being served in a proceeding under this section, such owner  shall,
to  the  extent  known,  provide  to  the office of cannabis management,
within three days, the names of any other owners, lessors and lessees of
the building  or  premises  that  is  the  subject  of  the  proceeding.
Thereafter,  such owners, lessors and lessees may be made parties to the
proceeding.
(g) Whenever  there  is  evidence  that  a  person  was  the  manager,
operator, supervisor or, in any other way, in charge of the premises, at
the  time  the  unlicensed  activity was being conducted, maintained, or
permitted, such evidence shall be presumptive that they were an agent or
employee of the owner or lessee of the building or premises.
(h) A defendant shall furnish to any other  party,  within  five  days
after a demand, a verified statement identifying:
(i)  If  the  responding  party is a natural person, such party's: (1)
full legal name; (2) date of birth; (3) current home or business  street
address;  and  (4)  a  unique  identifying number from: (A) an unexpired
passport; (B) an unexpired state driver's license; or (C)  an  unexpired
identification  card  or  document issued by a state or local government
agency or tribal authority for the purpose  of  identification  of  that
individual;
(ii)  If  the  responding  party  is  a partnership, limited liability
partnership,  limited  liability  company,   or   other   unincorporated
association,   including  a  for  profit  or  not-for-profit  membership
organization or club, the information required pursuant to  subparagraph
(i)  of  this  paragraph for each of its partners or members, as well as
the state or other jurisdiction of its formation;
(iii) If the responding party is a corporation,  its  state  or  other
jurisdiction  of  incorporation,  principal  place  of business, and any
state or other jurisdiction of which that party is a citizen;
(iv) If the responding party is not an individual, in addition to  any
information  provided  pursuant  to subparagraphs (ii) and (iii) of this
paragraph, and to the extent not previously  provided,  each  beneficial
owner  of  the  responding  party  by:  (1) full legal name; (2) date of
birth; (3) current home or business street address;  and  (4)  a  unique
identifying  number  from:  (A)  an unexpired passport; (B) an unexpired
state driver's license; or  (C)  an  unexpired  identification  card  or
document  issued  by  a  state  or  local  government  agency  or tribal
authority for the purpose of identification of that individual. As  used
in  this  subparagraph,  the term "beneficial owner" shall have the same
meaning as defined in 31  U.S.C.  §  5336(a)(3),  as  amended,  and  any
regulations promulgated thereunder.
(i) If a finding is made that the defendant has conducted, maintained,
or  permitted  the  unlicensed activity a penalty, to be included in the
judgment, may be awarded in an amount not to exceed ten thousand dollars

for each day it is found that  the  defendant  intentionally  conducted,
maintained  or  permitted  the  unlicensed  activity. With regard to any
defendant  conducting  the  referenced  unlicensed  activity,  any  such
penalties  may  be  awarded  in  addition  to  any penalties that may be
imposed pursuant to section one hundred thirty-two of this chapter. Upon
recovery,  such  penalty  shall  be  paid  to  the  office  of  cannabis
management,  or  to  the  county attorney, corporation counsel, or local
government that has been authorized pursuant  to  subdivision  eight  of
this section to bring and maintain a civil proceeding in accordance with
the procedures set forth in this section.
2.  Preliminary  injunction.  (a) Pending a proceeding for a permanent
injunction pursuant to this section the court may  grant  a  preliminary
injunction  enjoining  the unlicensed activity and the person or persons
conducting, maintaining, or  permitting  the  unlicensed  activity  from
further  conducting, maintaining, or permitting the unlicensed activity,
where the public health, safety  or  welfare  immediately  requires  the
granting  of  such  injunction. A temporary closing order may be granted
pending a hearing for a preliminary injunction where it appears by clear
and convincing evidence that unlicensed activity  within  the  scope  of
this  section  is being conducted, maintained, or permitted and that the
public health, safety or welfare immediately requires the granting of  a
temporary  closing  order.  A temporary restraining order may be granted
pending a hearing for a preliminary injunction.
(b) A preliminary injunction shall be enforced by the  office  or,  at
the  request  of the office, the attorney general. At the request of the
office, a police officer or peace officer  with  jurisdiction  may  also
enforce the preliminary injunction.
(c)  The  office  or the attorney general shall show, by affidavit and
such other evidence as may be submitted, that there is a cause of action
for a permanent injunction abating unlicensed activity.
3. Temporary closing order. (a) If, on  a  motion  for  a  preliminary
injunction  alleging unlicensed activity as described in this section in
a building or premises used for commercial purposes only, the office  or
the  attorney general demonstrates by clear and convincing evidence that
such unlicensed activity is being conducted,  maintained,  or  permitted
and  that  the  public health, safety, or welfare immediately requires a
temporary closing order, a temporary order  closing  such  part  of  the
building   or   premises  wherein  such  unlicensed  activity  is  being
conducted, maintained, or  permitted  may  be  granted  without  notice,
pending  order  of  the  court  granting  or  refusing  the  preliminary
injunction and until further order of the court. Any such closing  order
may  also include a preservation order authorizing issuance of subpoenas
to third parties to preserve all off site electronic  business  records.
Upon  granting  a  temporary  closing  order, the court shall direct the
holding of a hearing for the  preliminary  injunction  at  the  earliest
possible time but no later than three business days from the granting of
such  order; a decision on the motion for a preliminary injunction shall
be rendered by the court within four business days after the  conclusion
of the hearing.
(b)  Unless  the  court  orders  otherwise,  a temporary closing order
together with the papers upon which it was based and a notice of hearing
for the preliminary injunction shall be personally served, in  the  same
manner as a summons as provided in the civil practice law and rules.
(c)  A temporary closing order shall only be issued prior to a hearing
on a preliminary injunction if the premises that is the subject  of  the
closure order is used for commercial purposes only.
(d) No temporary closing order shall be issued against any building or
premises where, in addition to the unlicensed activity which is alleged,

activity  that  is licensed or otherwise lawful remains in place, unless
the licensed or otherwise lawful activity is a de minimis  part  of  the
business.  In  addition,  no  temporary  closing  order  shall be issued
against  any building or premises which is used in part as residence and
pursuant to local law or ordinance is zoned and lawfully occupied  as  a
residence.
4.  Temporary restraining order. (a) If, on a motion for a preliminary
injunction alleging unlicensed activity as described in this section  in
a  building  or premises used for commercial purposes, the office or the
attorney general demonstrates by clear and convincing evidence that such
unlicensed activity is being conducted,  maintained,  or  permitted  and
that  the  public  health,  safety,  or  welfare  immediately requires a
temporary restraining  order,  a  temporary  restraining  order  may  be
granted  without  notice restraining the defendants and all persons from
removing or in any manner interfering with the furniture,  fixtures  and
movable  property  used  in  conducting,  maintaining or permitting such
unlicensed activity, including cannabis, cannabis  product,  cannabinoid
hemp or hemp extract product, or any product marketed or labeled as such
and  from  further conducting, maintaining or permitting such unlicensed
activity,  pending  order  of  the  court  granting  or   refusing   the
preliminary  injunction  and  until further order of the court. Any such
temporary restraining  order  may  also  include  a  preservation  order
authorizing  issuance  of subpoenas to third parties to preserve all off
site electronic business records. Upon granting a temporary  restraining
order,  the  court  shall  direct  the  holding  of  a  hearing  for the
preliminary injunction at the earliest possible time but no  later  than
three  business  days from the granting of such order; a decision on the
motion for a preliminary injunction  shall  be  rendered  by  the  court
within thirty calendar days after the conclusion of the hearing.
(b)  Unless  the court orders otherwise, a temporary restraining order
and the papers upon which it was based and a notice of hearing  for  the
preliminary injunction shall be personally served, in the same manner as
a  summons  as  provided  in  the civil practice law and rules, upon any
agent, employee, or  other  representative  of  the  defendant  business
present at the time the temporary restraining order is effectuated.
5.  Temporary  closing  order; temporary restraining order; additional
enforcement procedures. (a) If on a motion for a preliminary injunction,
the office of  cannabis  management  or  the  attorney  general  submits
evidence  warranting  both  a  temporary  closing  order and a temporary
restraining order, the court shall grant both orders.
(b) Upon the request of  the  office,  any  police  officer  or  peace
officer  with  jurisdiction may assist in the enforcement of a temporary
closing order and temporary restraining order. Any reference  to  police
officer  or  peace  officer in this subdivision and subdivisions six and
seven of this section shall also include any  investigator  employed  by
the office of the attorney general.
(c)  The  police  officer or peace officer serving a temporary closing
order or a temporary restraining order shall forthwith make  and  return
to  the  court an inventory of personal property situated in and used in
conducting, maintaining, or permitting the  unlicensed  activity  within
the  scope of this chapter and shall enter upon the building or premises
for such purpose. Such inventory shall be taken in any manner  which  is
deemed  likely  to  evidence  a  true and accurate representation of the
personal property subject to such inventory including, but  not  limited
to  photographing  such personal property, except that any cash found on
the premises during such inventory shall  be  inventoried,  seized,  and
secured  off  premises  pending  further  order of the court. Any police

officer or peace officer, or any representative of the office, shall  be
permitted to review and copy records.
(d)  The  police  officer or peace officer serving a temporary closing
order shall, upon service of the order, command all persons  present  in
the  building  or  premises  to  vacate the premises forthwith. Upon the
building or premises being  vacated,  the  premises  shall  be  securely
locked  and  all  keys  delivered  to  the officer serving the order who
thereafter may deliver the keys to the fee owner, lessor, or  lessee  of
the  building  or premises involved. If the fee owner, lessor, or lessee
is not at the building or premises when the order is being executed, the
officer shall securely padlock the premises and retain  the  keys  until
the  fee  owner,  lessor,  or  lessee of the building is ascertained, in
which event, the officer may deliver the keys to such owner, lessor,  or
lessee or retain them pending further order of the court.
(e)  Upon  service  of  a  temporary  closing  order  or  a  temporary
restraining order, the police officer or peace officer shall post a copy
thereof in a conspicuous place or upon one  or  more  of  the  principal
doors  at  entrances  of  such premises where the unlicensed activity is
being  conducted,  maintained,  or  permitted.  In  addition,  where   a
temporary  closing order has been granted, the officer shall affix, in a
conspicuous place or  upon  one  or  more  of  the  principal  doors  at
entrances of such premises, a printed notice that the premises have been
closed  by court order, which notice shall contain the legend "closed by
court order" in block lettering of sufficient size  to  be  observed  by
anyone intending or likely to enter the premises, the date of the order,
the  court  from  which  issued,  and  the name of the officer or agency
posting the notice. In addition, where a temporary restraining order has
been granted, the police officer or peace officer shall  affix,  in  the
same  manner, a notice similar to the notice provided for in relation to
a temporary closing order  except  that  the  notice  shall  state  that
certain described activity is prohibited by court order and that removal
of  property is prohibited by court order. Mutilation or removal of such
a posted order or such a posted notice while it  remains  in  force,  in
addition to any other punishment prescribed by law, shall be punishable,
on  conviction,  by  a fine of not more than five thousand dollars or by
imprisonment not exceeding ninety days, or by both, provided such  order
or  notice contains therein a notice of such penalty. Any police officer
or peace officer with jurisdiction may, upon the request of the  office,
assist in the enforcement of this section.
6.  Temporary  closing order; temporary restraining order; defendant's
remedies. (a) A temporary closing order or a temporary restraining order
may be vacated, upon notice to the office and to  any  county  attorney,
corporation  counsel,  or local government that may have been authorized
pursuant to subdivision eight of this section to bring and maintain  the
proceeding  in accordance with the procedures set forth in this section,
if a defendant who is the fee owner, lessor, or lessee of  the  building
or  premises shows by affidavit and such other proof as may be submitted
that the unlicensed activity within the scope of this chapter  has  been
abated  and  that  they  are  also not affiliated with the person who is
conducting the  unlicensed  activity.  An  order  vacating  a  temporary
closing order or a temporary restraining order shall include a provision
authorizing  the office, or any county attorney, corporation counsel, or
local government, as applicable, to inspect  the  building  or  premises
which  is  the  subject  of  a  proceeding pursuant to this subdivision,
periodically without notice, during the pendency of the  proceeding  for
the  purpose  of ascertaining whether or not the unlicensed activity has
been resumed. Any police officer or peace officer with jurisdiction may,
upon the request  of  the  office,  assist  in  the  enforcement  of  an

inspection  provision  of an order vacating a temporary closing order or
temporary restraining order.
(b)  A temporary closing order or a temporary restraining order may be
vacated by the court, upon notice to the office, or any county attorney,
corporation  counsel,  or  local  government,  as  applicable,  when   a
defendant  entitled to request vacatur pursuant to paragraph (a) of this
subdivision gives an undertaking and the court  is  satisfied  that  the
public  health,  safety,  or welfare will be protected adequately during
the pendency of the proceeding. The undertaking shall be  in  an  amount
equal  to  the  assessed valuation of the building or premises where the
unlicensed activity is being conducted, maintained, or permitted  or  in
such  other amount as may be fixed by the court. The defendant shall pay
to the office and the attorney general,  in  the  event  a  judgment  of
permanent  injunction  is  obtained,  their  actual  costs, expenses and
disbursements in bringing and maintaining the proceeding.  In  addition,
the  defendant  shall  pay  to  the  local government or law enforcement
agency that provided assistance in enforcing  any  order  of  the  court
issued  pursuant  to a proceeding brought under this section, its actual
costs, expenses and disbursements in assisting with the  enforcement  of
the proceeding.
7.   Permanent   injunction.  (a)  A  judgment  awarding  a  permanent
injunction pursuant to  this  chapter  shall  direct  that  any  illicit
cannabis, cannabis product, cannabinoid hemp or hemp extract product, or
any  product  marketed or labeled as such seized shall be turned over to
the office of cannabis management or  their  authorized  representative.
The judgment may further direct any police officer or peace officer with
jurisdiction  to  seize  and  remove  from  the building or premises all
material, equipment, and instrumentalities  used  in  the  creation  and
maintenance  of the unlicensed activity and shall direct the sale by the
sheriff of any such property in the manner  provided  for  the  sale  of
personal  property  under  execution  pursuant  to the provisions of the
civil practice law and rules, if the estimated  value  of  the  property
exceeds  the  estimated lawful expenses of such sale, or the disposal of
the property if the estimated value of the property does not exceed  the
estimated  lawful  expenses  of  such sale. The net proceeds of any such
sale, after deduction of the lawful expenses involved, shall be paid  to
the general fund of the state.
(b)  A  judgment  awarding  a  permanent  injunction  pursuant to this
chapter may direct the closing of the building or premises by any police
officer or peace officer with jurisdiction to the  extent  necessary  to
abate  the  unlicensed  activity  and shall direct any police officer or
peace officer with jurisdiction to post a copy of  the  judgment  and  a
printed  notice  of  such closing conforming to the requirements of this
chapter. The closing directed by the judgment shall be for  such  period
as  the  court  may  direct  but  in no event shall the closing be for a
period of more than one year from the posting of the  judgment  provided
for in this section.  If the owner shall file a bond in the value of the
property  ordered  to  be closed and submits proof to the court that the
unlicensed activity has been abated and will not be created, maintained,
or permitted for such period of time as the  building  or  premises  has
been  directed to be closed in the judgment, and also submits proof that
they are also not affiliated with  the  person  who  is  conducting  the
unlicensed activity, the court may vacate the provisions of the judgment
that  direct  the  closing  of  the building or premises. A closing by a
police officer or  peace  officer  with  jurisdiction  pursuant  to  the
provisions  of  this  section shall not constitute an act of possession,
ownership, or control by such police officer or  peace  officer  of  the
closed premises.
(c)  Upon  the  request  of  the  office of cannabis management or its
authorized representative, or any county attorney, corporation  counsel,
or  local  government  authorized  pursuant to subdivision eight of this
section to bring and maintain a civil proceeding in accordance with  the
procedures  set  forth  in  this  section,  any  police officer or peace
officer with jurisdiction may assist in the enforcement  of  a  judgment
awarding a permanent injunction entered in a proceeding brought pursuant
to this chapter.
(d)  A  judgment  rendered awarding a permanent injunction pursuant to
this chapter shall be and become a lien upon the  building  or  premises
named  in  the  petition  in such proceeding, such lien to date from the
time of filing a notice of lis pendens in the office of the clerk of the
county wherein the building or premises  is  located.  Every  such  lien
shall  have priority before any mortgage or other lien that exists prior
to such filing except tax and assessment liens.
(e) A judgment  awarding  a  permanent  injunction  pursuant  to  this
chapter  shall  provide,  in  addition  to  the  costs and disbursements
allowed by the civil practice law and rules, upon satisfactory proof  by
affidavit  or such other evidence as may be submitted, the actual costs,
expenses and disbursements of the office and the attorney general, or of
any county attorney, corporation counsel, or local government authorized
pursuant to subdivision eight of this section to bring  and  maintain  a
civil  proceeding  in  accordance  with the procedures set forth in this
section, in bringing and maintaining the proceeding.
8. Civil proceedings. In addition to the  authority  granted  in  this
section  to  the office of cannabis management and the attorney general,
any county attorney, corporation counsel, or local government  in  which
such  building  or  premises  is  located  may, seven days or more after
providing notice  to  the  office  of  cannabis  management,  bring  and
maintain  a civil proceeding in the supreme court of the county in which
the building or premises is located to permanently enjoin the unlicensed
activity described in this section and the person or persons  conducting
or   maintaining  such  unlicensed  activity,  in  accordance  with  the
procedures set forth in this section. The office shall be  permitted  to
intervene  as  of  right  in  any such proceeding. Any such governmental
entity which obtains a permanent injunction  pursuant  to  this  chapter
shall  be awarded, in addition to the costs and disbursements allowed by
the civil practice law and rules, upon satisfactory proof  by  affidavit
or  such  other  evidence  as  may  be  submitted, any penalties awarded
pursuant to paragraph  (i)  of  subdivision  one  or  paragraph  (e)  of
subdivision  five  of  this  section  and the actual costs, expenses and
disbursements in bringing and maintaining the proceeding. The  authority
provided  by  this subdivision shall be in addition to, and shall not be
deemed to diminish or reduce, any rights of  the  parties  described  in
this  section  for  any  violation pursuant to this chapter or any other
law.
* NB Repealed May 1, 2028