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 116.5 - Denials

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

(a) Notwithstanding an applicant satisfying the requirements set forth in this Part, the application shall be denied where an applicant or eligible applicant, or any true party of interest of the applicant:

(1) has submitted an application that contains inconsistent information;

(2) failed to submit the materials required by this Part within the specified time allotted;

(3) failed to submit fingerprints for purposes of providing a criminal history report required pursuant to section 138 of the Cannabis Law;

(4) is a person forbidden to traffic cannabis as set forth in section 137 of the Cannabis Law;

(5) has demonstrated prior business practices and financial arrangements that may not comply with state and local laws incidental to the cannabis industry;

(6) has had a license associated with cannabis cancelled, revoked or suspended in any other state or jurisdiction;

(7) creates or enhances the dangers of unlawful practices, methods and activities in the cannabis industry, including, but limited to, product inversion or diversion;

(8) is delinquent in filing any required tax returns or paying any amount owed to any local, state or federal government;

(9) causes a violation of Sections 72 or 85 of the Cannabis Law; or

(10) is not a person of good moral character.

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