2023 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;
(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; and
(n)  whether the applicant or its managing officers have been found to
have engaged in activities in violation of this chapter.
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.