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 119.3 - Notifications to Municipalities

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 119.3

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

(a) Pursuant to section 76 of the Cannabis Law, an applicant for an adult-use retail dispensary, ROD, or on-site consumption license is required to notify the municipality or in New York City, the appropriate community board in which the premises is located, of such applicant's intent to file such an application.

(b) The notification shall be made between thirty (30) and two hundred seventy (270) days prior to filing such application.

(c) The notification shall be in a form provided by the Office, and contain the following information:

(1) applicant contact information;

(2) trade name or 'doing business as' name;

(3) full name of the applicant;

(4) street address of the establishment, including the floor location or room number, if applicable;

(5) the mailing address of the establishment, if different than the street address;

(6) the name, address and telephone number of the attorney or representative of the applicant, if any;

(7) a statement indicating whether the application is for:
(i) a new establishment;

(ii) a transfer of an existing licensed business;

(iii) a renewal of an existing license; or

(iv) an alteration of an existing licensed premises;

(8) if the establishment is a transfer or previously licensed premises, the name of the old establishment and such establishment's registration or license number;

(9) in the case of a renewal or alteration application, the registration or license number of the applicant; and

(10) the type of license.

(d) A municipality shall have thirty (30) days from the receipt of the notification from an applicant to express an opinion for or against the granting of a license, which shall mean, for the purposes of this section, the issuance of a registration, license, or permit, for a new establishment, transfer, renewal, or alteration of an existing registration, license, or permitted premises, and any such opinion shall be part of the record upon which the Office makes its recommendation to the Board to grant or deny an application; provided, however, a municipality may request additional time in writing, on a form as prescribed by the Office, and may receive no more than an additional thirty (30) days to express their opinion.

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