New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 120 - Application and Licensure › Section 120.1 - General Application and License Authorizations and Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications for new license types and
				  for additional licenses of existing license types may be accepted from time to
				  time as may be deemed appropriate or necessary.
(b) Licensing applications shall be accepted
				  during specific license type application periods, which shall be announced no
				  less than thirty (30) days before the application period opens for that
				  specific license type, as established by the Board.
(c) Limitations may be imposed on the
				  acceptance of licensing applications, including, but not limited to, the total
				  number of licenses; location or authorized region of operation; size of
				  operation or output; limitations associated with true party of interest;
				  eligibility criteria; and operating conditions, such as sustainability, public
				  health and safety, and social and economic equity factors.
(d) A licensing application shall be
				  accompanied by an application fee, in the amount required by this Title, for
				  such a license in the form and manner prescribed by the Office.
(e) An applicant may use an electronic
				  signature on an application which shall be deemed intended by the applicant to
				  have the same force and effect as the use of a signature affixed by
				  hand.
(f) Licenses granted pursuant
				  to this Part may be granted, suspended, cancelled, revoked, or otherwise
				  limited as may be deemed appropriate or necessary.
(g) An applicant and licensee shall have an
				  obligation to ensure that the information, documentation, attestations and
				  assurances submitted to the Office are not fraudulent, false, or
				  misleading.
(h) An applicant shall
				  identify any conflict of interest, including, without limitation, any
				  relationship or affiliation of the applicant, or its true parties of interest,
				  that currently exists with any member, employee, consultant, or agent of the
				  Office, the Cannabis Advisory Board or the Board. The conflict of interest may
				  be actual or perceived. If any conflict of interest should arise during the
				  term of the application process, the applicant shall notify the Office in
				  writing of such conflict.
(i) A
				  person shall hold a valid license issued pursuant to the Cannabis Law in order
				  to cultivate, process, distribute, deliver, dispense, offer on-site
				  consumption, test, research, sell, or any other licensed activity for adult-use
				  cannabis and cannabis products within New York State.
(j) The information furnished in an
				  application or in any supplemental statement related thereto shall be presumed
				  correct and shall be binding upon an applicant and licensee as if correct. All
				  information furnished in an application or supplemental statement and relied
				  upon in considering an application shall be deemed material in:
(1) any prosecution for perjury;
(2) any proceeding to suspend, cancel or
				  revoke a license or impose a fee, fine, or other penalty; and
(3) the approval or denial of a
				  license.