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 116.8 - Suspension, Revocation, and Surrender

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 116.8

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

(a) The Board shall deliver a written notice to the licensee for failure to comply with this Part, applicable state and local laws, regulations, or guidance relating to conditional adult-use retail dispensary and adult-use retail dispensary, including those promulgated after applicant submits its application for a license. If no effort has been made to cure, the license shall be deemed surrendered 30 calendar days from the date of the written notice. Written notice shall be sent to the licensee's last known address on file with the Office.

(b) In the event that licensee elects to cease operation of all licensed activities or to surrender its license within the conditional period, the following shall apply:

(1) licensee shall notify the Office in writing at least 30 calendar days prior to the date licensee anticipates ceasing operations;

(2) the written notice shall include a proposed plan for closure. The plan shall be subject to Office approval and may include a recommendation of any individual or entity that would qualify under this Part; and

(3) upon surrender of the license or cessation of operation, licensee shall vacate the leased premises associated with the fund, as defined by this Part, within 30 calendar days of surrender or cessation.

(c) If a licensee fails to comply with standards and special conditions of the license, the Office may assess a penalty in addition to the surrender of the license pursuant to this Part.

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