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 114 - Cannabinoid Hemp › Section 114.3 - Application for Cannabinoid Hemp Retail License

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall offer or sell cannabinoid
				  hemp products to consumers in New York State, or hold itself out as a
				  cannabinoid hemp retailer, unless it is in compliance with Article 5 of the
				  Cannabis Law and this Part and is licensed by the office as a cannabinoid hemp
				  retailer.
(b) An application for
				  licensure shall be submitted to the office on a form prescribed by the office,
				  which shall include the following:
(1) the
				  name, address, telephone number and email address of the applicant;
(2) the physical address of any real property
				  where the applicant intends to operate, the days and hours of operation of such
				  retail facility, and for any online retailer, the internet address of the
				  applicant;
(3) the name, and
				  license number to the extent practicable, of the manufacturer, packer,
				  distributor, or cannabinoid hemp processor, and state or country where the
				  manufacturer, packer, or distributor is located, for all cannabinoid hemp
				  products the applicant intends to offer for sale;
(4) a summary and description of the types
				  and forms of cannabinoid hemp products the applicant intends to offer for
				  sale;
(5) a statement attesting
				  that the applicant will not sell the following cannabinoid hemp products to
				  consumers under twenty-one (21) years of age:
(i) flower product;
(ii) concentrated cannabinoid hemp product
				  including, but not limited to, oil cartridges, prefilled vape devices, shatter,
				  crumble, wax, resin, or any form intended for inhalation or
				  vaporization;
(iii) any cannabinoid
				  hemp product containing more than 0.5 milligrams of total THC per serving;
				  and
(iv) any other disallowed
				  product as determined by the office.
(6) a statement attesting that the applicant
				  and those in control of the entity, meaning a person or persons that have the
				  ability to direct the activity of the applicant or licensee, including
				  principals, officers or others with such control, are of good moral
				  character;
(7) a statement
				  attesting that the applicant will comply with all applicable state and local
				  laws and regulations relating to the activities in which it intends to engage
				  under the license;
(8) a statement
				  attesting that the applicant will not distribute or sell any cannabinoid hemp
				  product in the form of an injectable, inhaler, or flower product clearly
				  labeled or advertised for the purpose of smoking or in the form of a cigarette,
				  cigar or pre-roll or otherwise packaged or combined with other items designed
				  to facilitate smoking such as rolling papers or pipes, or any other disallowed
				  form as determined by the office;
(9) proof of a certificate of authority from
				  the New York State Department of Taxation and Finance, as applicable;
				  and
(10) any other information as
				  may be required by the office.