New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 133 - Violations, Hearings, and Enforcement › Section 133.7 - Grounds for Suspension, Cancellation, Revocation, or Debarment of a License, and Denial of Renewal, Change, or Amendment of Licenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The office
				may suspend, cancel, or revoke a license, debar a person from licensure, and
				deny the renewal of a license, change, or amendment of license where:
(1) information provided by the licensee was
				deceptive, misleading, false or fraudulent, or tends to deceive or create a
				misleading impression, whether directly, or by omission, including lack of
				disclosure or insufficient disclosure;
(2) a licensee has failed to substantially
				comply with any requirement of the Cannabis Law and related
				regulations;
(3) a licensee has
				failed to submit, obtain approval, or implement a corrective action plan to the
				satisfaction of the office, as submitted;
(4) a licensee has assigned or attempted to
				change ownership or assign its license to another entity without prior approval
				of the office under the Cannabis Law and related regulations;
(5) a licensee or its true parties of
				interest did not comply with direct or indirect ownership or interest rules, or
				regulations;
(6) operation of the
				licensed premises has been noncompliant, as shown by, but not limited to, one
				or more of the following:
(i) failure to
				maintain the licensed premises in a clean, orderly, and sanitary
				fashion;
(ii) repeated sales of
				cannabis products to individuals younger than 21 years old, unless, in each
				instance, the licensee reasonably relied on government validly issued
				identification card in compliance with the Cannabis Law and related
				regulations; or
(iii) repeated
				failure to comply with the Cannabis Law or its related rules,
				regulations.
(7) other
				incompetent or negligent operation, including, but not limited to:
(i) the financial management of the licensee,
				including the financial solvency status of the licensee; and
(ii) a licensee maintaining a substandard
				level of compliance with the statutory and regulatory requirements for the
				operation of licensed premises in another jurisdiction including, but not
				limited to, a failure to correct deficiencies, a limitation on, or a
				suspension, revocation or refusal to grant or renew a license to
				operate.
(8) the conduct
				or practices of the licensee demonstrate a lack of qualification as specified
				in the Cannabis Law and regulations;
(9) a licensee has any criminal conduct as
				evidenced by any criminal proceedings that resulted in a conviction, guilty
				plea, plea of nolo contendere, or admission to sufficient facts in New York
				State or other jurisdiction;
(10) a
				licensee has committed, permitted, aided or abetted, or conspired to commit any
				practice in the operation of any licensed premises unauthorized by Cannabis
				Law, including, but not limited to, engaging in the diversion of cannabis or
				cannabis products;
(11) the conduct
				or practices of the licensee have been detrimental to the safety, health, or
				welfare of the public;
(12) a
				person cultivates, manufactures, processes, tests, distributes, packages,
				sells, or dispenses cannabis products without a license after March thirty
				first two thousand twenty-one; or
(13) a licensee engages in conduct that would
				constitute a category one violation or other egregious act or action.