New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 133 - Violations, Hearings, and Enforcement › Section 133.23 - Actions Relating to Unlicensed Activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The office
				may issue a notice of violation and order to cease unlicensed activity to any
				person, as defined in subdivision 40-a of section 3  of the Cannabis Law, who is
				cultivating, processing, distributing or selling cannabis, cannabis product,
				cannabinoid hemp or hemp extract product, or any product marketed or labeled as
				such in this state, or engaging in an indirect retail sale, without obtaining
				the appropriate registration, license, or permit therefor.
(b) In the event that the office issues a
				notice of violation and order to cease unlicensed activity to a person:
(1) that person must cease all cannabis or
				cannabinoid hemp related activity as described in subdivision (a) of this
				section;
(2) t he office may seize
				any cannabis, cannabis product, cannabinoid hemp or hemp extract product, or
				any product marketed or labeled as such, found in the possession of a person
				engaged in the conduct described in subdivision (a) of this section;
(3) the office may require that any books and
				records of all transactions involving the sale cannabis product and security,
				tracking, record keeping, record retention and surveillance systems, relating
				to all cannabis at every stage of acquiring, possession, manufacture, sale,
				delivery, transporting, testing or distributing, be turned over to them for
				inspection, examination, or audit.
(4) the office may affix a copy of such
				notice of violation and order to cease unlicensed activity on the front window,
				door, or exterior wall of the location where such activity is taking place. The
				notice and order shall be within five feet of the front door or other opening
				to such location where customers enter from the street, at a vertical height no
				less than four feet and no more than six feet from the ground or floor. When an
				establishment does not have a direct entrance from the street, the person shall
				permit the office to post such notice of violation and order to cease
				unlicensed activity at its immediate point of entry in a place where potential
				customers or members of the public are likely to see it;
(5) such notice of violation and order to
				cease unlicensed activity shall not be removed, altered, covered, or defaced in
				any way except when authorized by the office. Any removal of such notice of
				violation and order to cease unlicensed activity shall constitute a violation
				of these regulations and shall be punishable by a fine of up to $5,000 in
				accordance with subdivision 1 of section 16  of the Cannabis Law;
(6) the person served with such notice of
				violation and order to cease unlicensed activity shall also permit the office
				to affix one or more warning notice at or near the front door or other opening
				to such location where customers enter from the street advising the public that
				the business is ordered to stop the unlawful activity and of the public health
				and safety concerns relating to illicit cannabis;
(7) such warning notice shall not be removed
				altered, covered, or, defaced in any way except when authorized by the office.
				Any removal of the warning notice constitutes a violation of these regulations
				and shall be punishable by a fine of up to $5,000 in accordance with
				subdivision 1 of section 16  of the Cannabis Law.