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 119.2 - Authorizations for Municipality Rulemaking
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 119.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Municipalities are authorized to adopt local laws and regulations governing the time, place, and manner; provided however, that such local laws and regulations shall not be unreasonably impracticable. The following activities constitute the permissible time, place, and manner restrictions that may be imposed by a municipality:
(1) Retail dispensary hours of operation for
cities of one million (1,000,000) or more. In cities having a population of one
million (1,000,000) or more, the hours of operation of when cannabis products
can be sold at adult-use retail dispensaries:
(i) shall not be from 2:00 a.m. to 8:00 a.m.,
unless given express written permission by such municipality, or the
municipality passes a local law, authorizing it to operate during such hours;
and
(ii) shall not be restricted to
less than seventy (70) hours a week;
(2) Retail dispensary hours of operation for
cities of one million (1,000,000) or less. In cities having a population of one
million (1,000,000) or less, the hours of operation of when cannabis products
can be sold at adult-use retail dispensaries:
(i) shall not be from 2:00 a.m. to 8:00 a.m.,
unless given express written permission by such municipality, or the
municipality passes a local law, authorizing it to operate during such hours;
and
(ii) shall not be restricted to
less than seventy (70) hours a week, unless the licensee agrees to do
so;
(3) On-site
consumption hours of operation for cities of one million (1,000,000) or more.
In cities having a population of one million (1,000,000) or more, the hours of
operation of when cannabis products can be sold at on-site consumption
premises:
(i) shall not be allowed to operate
from 4:00 a.m. to 8:00 a.m.; and
(ii) shall not restrict operations to less
than seventy (70) hours a week, unless the licensee agrees to do so;
(4) On-site consumption hours of
operation for cities of one million (1,000,000) or less. In cities having a
population of one million (1,000,000) or less, the hours of operation of when
cannabis products can be sold at on-site consumption premises:
(i) shall not be allowed to operate from 4:00
a.m. to 8:00 a.m;
(ii) shall not
restrict operations to less than seventy (70) hours a week, unless the licensee
agrees to do so;
(5) the
visual or architectural integrity of the building if located within historical
districts;
(6) parking;
(7) traffic control, including, but not
limited to, pedestrian and vehicular traffic;
(8) odor, pursuant to article 13-E of the
Public Health Law and the Clean Indoor Air Act, except as preempted under
subdivision (b) of section
119.1 of this Part;
(9) noise; and
(10) distance requirements between the retail
dispensary, microbusiness, or ROD and a public youth facility, provided,
however, that such distance requirement is no greater than 500 feet from the
retail dispensary, microbusiness, or ROD. The distance requirements for public
youth facility shall not apply to licensees operating pursuant to Part 116 of
this Title.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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