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 119 - Municipality Rulemaking
Section 119.1 - Preemption and Prohibitions on Municipality Rulemaking

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 119.1

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

(a) No municipality may adopt a local law which would allow an adult-use retail dispensary, microbusiness, ROD, or on-site consumption license to be:

(1) on the same road and within 200 feet of the entrance of a building occupied exclusively as a house of worship;

(2) on the same road and within 500 feet of the entrance of a building occupied exclusively as a school; or

(3) on the same road and within 500 feet of a structure or its grounds occupied exclusively as a public youth facility, if the municipality has enacted a local law pursuant to section 119.2 of this Part.

(b) Pursuant to section 131 of the Cannabis Law, municipalities are preempted from adopting any local law, rule, or prohibition pertaining to the operation, registration, licensure, or permitting of a registered organization, adult-use cannabis license or cannabinoid hemp license, including, but not limited to:

(1) imposing a special fee that is specific to cannabis businesses or the licensee that intends to operate within the jurisdiction of the municipality;

(2) imposing a fee on adult-use retail dispensary licenses; provided however that a municipality may impose such fee if the municipality imposes a fee on off-premises liquor establishments licensed under the State Liquor Authority pursuant to a local law or regulation that the municipality enacted prior to the thirty first of March two thousand twenty-one, and such law does not conflict with the Cannabis Law or this Part;

(3) imposing a fee for on-site consumption licenses; provided however, that a municipality may impose such fee if the municipality imposes a fee for on-premises liquor establishments licensed under the State Liquor Authority pursuant to a local law or regulation that the municipality enacted prior to the thirty first of March two thousand twenty-one, and such law does not conflict with the Cannabis Law or this Part;

(4) imposing a tax or a fee on the cultivation, processing, manufacturing, distribution or sale of cannabis or cannabis product in this state, other than any usual and customary fees associated with similarly situated businesses;

(5) adopting or executing any agreement where the municipality, community organization or association affiliated with such municipality, receives any additional benefit outside of general operation from, or imposes any duty or obligation on, any applicant, registrant, licensee or permittee of the Board;

(6) denying any right, privilege, permit, variance, or approval to any adult-use cannabis retail dispensary, microbusiness, ROD, or adult-use on-site consumption licensee associated with the premises where retail sale of adult-use cannabis to cannabis consumers occurs and for which a license under this Title has been in existence continuously from a date prior to the date when there came into existence:
(i) a building that was occupied exclusively as a house of worship, within 200 feet;

(ii) a building and its grounds that was occupied exclusively as school grounds, within 500 feet; or

(iii) a structure and its grounds that was occupied exclusively as a public youth facility, if the municipality has passed such a local law pursuant to section 119.2 of this Part, within 500 feet;

(7) setting a standard for ventilation or odor control for an indoor area of an adult-use on-site consumption premises unless such standard is also applicable to all indoor areas of any businesses which allow the smoking or vaping of tobacco; and

(8) setting a standard for ventilation or odor control for any outdoor area of an adult-use on-site consumption premises except where such standard requires a distance no greater than 20 feet, unless a greater distance is approved by the Board, between an area of an adult-use on-site consumption premises, that is outdoors and allows smoking and vaping, and an adjacent public thoroughfare.

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