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 116 - Conditional Adult-Use Retail Dispensary
Section 116.3 - Attestations

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 116.3

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The applicant shall sign the proof of attestation, attesting that the applicant:

(1) has submitted an application that is complete and accurate;

(2) submits to jurisdiction of the courts of New York State and the application of all state laws, local laws and regulations of New York State, including, but not limited to, relating to the conditional adult-use retail dispensary;

(3) shall not sell any cannabis product to anyone under 21 years of age;

(4) shall not sell any cannabis product in any disallowed form, as determined by the Office;

(5) shall not give away any cannabis product as set forth in the Act;

(6) shall only acquire cannabis products from entities authorized to distribute cannabis products in New York State;

(7) shall ensure that the eligible applicant, upon being granted a license, shall maintain the minimum ownership and control requirements set forth in section 116.4 of this Part, and that noncompliance shall be deemed a surrender of license as determined by the Office;

(8) shall ensure that its true parties of interest are of good moral character;

(9) shall exercise reasonable care to confirm its information and the ability of each person to meet the requirements as set forth in this Part;

(10) shall provide the Office a complete disclosure that includes all true parties of interest and that each individual who is a true party of interest is at least 21 years of age;

(11) shall not attempt to conceal or disguise ownership or other control over its operations in its submissions;

(12) shall register with the New York State Department of Taxation and Finance for a certificate of adult-use cannabis registration and, if applicable, a certificate of authority should the applicant be granted a license;

(13) shall indemnify and hold harmless the State of New York for any and all civil or criminal penalties resulting from receiving a conditional adult-use retail dispensary license;

(14) has entered into a labor peace agreement with a bona fide labor organization and understands that the maintenance of such a labor peace agreement shall be an ongoing material condition of the license;

(15) shall comply with applicable state and local laws, regulations, and guidance; and

(16) shall submit any other information as required by the Office.

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