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 123 - License Specific Authorizations, Requirements and Prohibitions › Section 123.10 - Retail Dispensary Operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  retail dispensary shall be a physical brick and mortar store in New York State
				  with posted hours of operation to be authorized to sell cannabis products and
				  related items to cannabis consumers by in-person sale, over the internet or via
				  a digital application pursuant to this Chapter.
(b) The retail dispensary may operate a
				  drive-thru service window or pre-order pick-up lanes for individuals using
				  ground transport, with prior written approval from the Office and in compliance
				  with all applicable state and local laws, rules, and regulations.
(c) Retail dispensary supervision and
				  staffing requirements include, but are not limited to, the following:
(1) No employee shall be the employee in
				  charge of more than one retail dispensary at the same time; and
(2) The following activities are to be
				  performed by and overseen by the retail dispensary's employee in charge:
(i) the proper conduct of the employees of
				  the retail dispensary;
(ii) the
				  immediate supervision and management of the retail dispensary during hours of
				  operation;
(iii) opening and
				  closing the facility;
(iv)
				  activities of retail dispensary employees;
(v) inventory and delivery
				  acceptance;
(vi) recordkeeping and
				  maintenance of files subject to audit or inspection by the Office;
(vii) employee training and compliance with
				  state and local laws and regulations;
(viii) maintaining and providing to the
				  Office, upon request, an up-to-date retail dispensary staffing plan for staff
				  involved in activities related to the sale of cannabis products;
(ix) notifying the Office of the termination
				  of an employee for diversion of cannabis product or theft of currency within 24
				  hours of the termination;
(x)
				  notifying the Office of any change of information required to be reported to
				  the Office;
(xi) the turning away
				  of individuals who present a risk to the public; and
(xii) any other activity determined by the
				  Office.
(3) No employee
				  shall be required to enter a limited retail consumption facility to conduct the
				  duties of their job unless the employee agrees to this condition at time of
				  hiring and such agreement is noted by the employee in charge in the licensee's
				  records. Licensees shall accommodate all reasonable requests from employees to
				  alter the terms of such agreement and, in the event an employee notifies the
				  Office or Board that their reasonable request was not accommodated, the
				  licensee shall alter the terms of such agreement if the Board deems such
				  request to have been reasonable. Failure by the licensee to comply with these
				  requirements may result in suspension, revocation, and/or a civil penalty
				  pursuant to Part 133 of this Title.