Current through Register Vol. 46, No. 39, September 25, 2024
(a) No retail
dispensary license or microbusiness license shall be granted for any premises
which shall be:
(1) within a 1,000-foot
radius of a registered organization, ROD, or any other premises for which a
retail dispensary license or microbusiness license has been issued, in a
municipality having a population of 20,000 or more, unless the Board has
determined that issuing the license would promote public convenience and
advantage; except that distance requirements between a retail dispensary or
microbusiness and registered organizations shall cease to be a requirement past
December 2023, or
(2) within a
2,000-foot radius of a registered organization, ROD, or any other premises for
which a retail dispensary license or microbusiness license has been issued, in
a municipality having a population of 20,000 or less, unless the Board has
determined that issuing the license would promote public convenience and
advantage; except that distance requirements between a retail dispensary or
microbusiness and registered organizations shall cease to be a requirement past
December 2023.
(b) The
Board may determine that granting a license would promote public convenience
and advantage as described in paragraphs (1) and (2) of subdivision (a) of this
section by considering the following factors, which include:
(1) the number, classes, and character of
other licenses in proximity to the premises and in the particular municipality
or subdivision thereof;
(2)
evidence that all necessary licenses and permits have been obtained from the
state and all other governing bodies;
(3) whether there is a demonstrated need for
such license;
(4) effect of the
grant of the license on pedestrian or vehicular traffic, and parking, in
proximity to the premises;
(5) the
existing noise level at the premises and any increase in noise level that would
be generated by the proposed premises;
(6) the history of cannabis violations and
reported criminal activity at the proposed premises; and
(7) any other factors specified by law or
regulation that are relevant to determine that granting a license would promote
public convenience and advantage of the community.
(c) No registered organization or ROD license
shall be granted for any premises which shall be:
(1) within a 1,000-foot radius of a retail
dispensary, microbusiness, or ROD license issued in a municipality having a
population of 20,000 or more, unless the Board has determined that issuing a
registration or license would serve a medical necessity; provided however, if
the license is issued to a ROD for medical necessity, that only medical
dispensing sites of the ROD, without a retail dispensary co-location, may be
placed in that area; or
(2) within
a 2,000-foot radius of a retail dispensary, microbusiness, or ROD license
issued in a municipality having a population of 20,000 or less, unless the
Board has determined that issuing a registration or license would serve a
medical necessity; provided however, if the license is issued to a ROD for
medical necessity, that only medical dispensing sites of the ROD, without a
retail dispensary co-location, may be placed in that area.
(d) The Board may determine that issuing a
registration or license would serve a medical necessity as described in
paragraphs (1) and (2) of subdivision (c) of this section by considering the
following factors, which shall include:
(1)
the number, classes, and character of other registered organizations, RONDs and
RODs in proximity to the premises and in the particular municipality or
subdivision thereof;
(2) evidence
that all necessary licenses and permits have been obtained from the state and
all other governing bodies;
(3)
whether there is a demonstrated certified patient need for such
license;
(4) existing health
disparities in the area;
(5) effect
of the grant of the license on pedestrian or vehicular traffic, and parking, in
proximity to the premises;
(6) the
existing noise level at the premises and any increase in noise level that would
be generated by the proposed premises;
(7) the history of cannabis violations and
reported criminal activity at the proposed premises; and
(8) any other factors specified by law or
regulation that are relevant to determine that granting a license would address
medical necessity of the community.
(e) No on-site consumption license shall be
granted for any premises which shall be within five hundred (500) feet of three
(3) or more existing on-site consumption premises licensed and operating
pursuant to this Title, unless the Board has determined that issuing the
license would promote public convenience and advantage.
(f) Distance In-between Cannabis Sites: The
measurements in subdivision (a) of section
119.1 of this Part and subdivisions
(a), (c) and (e) of this section, are to be taken in a straight line from the
center of the nearest entrance of the premises licensed and operating as a
retail dispensary, on-site consumption, microbusiness, or ROD to:
(1) the center of the nearest entrance of the
building occupied exclusively as a house of worship; and
(2) the center of the nearest entrance of the
nearest building occupied exclusively as a school, on the school grounds;
and
(3) the center of the nearest
entrance of the building occupied exclusively as an adult-use on-site
consumption premises; and
(4) the
center of the nearest entrance of the nearest building of such public youth
facility; or
(5) if no entrance
exists, the nearest structure of such public youth facility; or
(6) if no structure exists, the nearest point
of the grounds of the public youth facility's legally defined property boundary
as registered in a county clerk's office; or
(7) if no clear delineation of grounds
exists, the nearest point of equipment, the primary purpose of which is
reasonably expected to be used by children seventeen (17) years of age or
younger.
(g) The
measurement in paragraph (4) of subdivision (f) of this section is only
applicable to the state of the public youth facility at the time the applicant
has submitted notification to the municipality or New York City community
board.
(h) For purposes of this
section, the 'entrance' shall mean a main door of a house of worship, a
building on the school grounds, or public youth facility, if applicable, or of
premises licensed and operating pursuant to this Title, regularly used to give
ingress to the general public attending the house of worship, a building on the
school grounds, public youth facility, the premises licensed and operating
pursuant to this Title, or of the premises sought to be licensed, except that
where a house of worship, a building on the school grounds, or public youth
facility, premises licensed pursuant to this Title, or the premises sought to
be licensed is set back from a public thoroughfare, the walkway or stairs
leading to any such door shall be deemed an entrance; and the measurement shall
be taken to the center of the walkway or stairs at the point where it meets the
building line, structure if applicable for public youth facility, or public
thoroughfare. Such definition shall not include cellars, back and side doors,
delivery entrances, or emergency exits.
(i) For such premises licensed or sought to
be licensed as an adult-use retail dispensary, on- site consumption,
microbusiness, or RODs that are located in a multi-story building, the entrance
shall mean any building entrance at the road level to be used for measurement
purposes.
(j) If the house of
worship, nearest building on the school grounds, public youth facility,
premises licensed and operating pursuant to this Title, or the premises sought
to be licensed, is situated on a corner lot, such structure is considered to be
on both roads of the intersection, whether or not there is an entrance to the
structure on both roads.
(k) A door
which has no exterior hardware, or which is used solely as an emergency or fire
exit, or for maintenance purposes, or which leads directly to a part of a
structure not regularly used by the general public or patrons, is not deemed an
'entrance.'
(l) Within the context
of this section, a building occupied as a house of worship does not cease to be
'exclusively' occupied as a house of worship by incidental uses that are not of
a nature to detract from the predominant character of the building as a house
of worship, such uses include, but are not limited to:
(1) the conduct of legally authorized games
of bingo or other games of chance held as a means of raising funds for the
not-for-profit religious organization which conducts services at the house of
worship or for other not-for-profit organizations or groups;
(2) use of the structure for fund-raising
performances by or benefitting the not-for-profit religious organization which
conducts services at the house of worship or other not-for-profit organizations
or groups;
(3) the use of the
building by other religious organizations or groups for religious services or
other purposes;
(4) the conduct of
social activities by or for the benefit of the congregants;
(5) the use of the building for meetings held
by organizations or groups providing bereavement counseling to persons having
suffered the loss of a loved one, or providing advice or support for conditions
or diseases, including, but not limited to, alcoholism, substance use disorder,
cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of
the structure for blood drives, health screenings, health information meetings,
yoga classes, exercise classes or other activities intended to promote the
health of the congregants or other persons;
(6) use of the structure by non-congregant
members of the community for private social functions; and
(7) use of the structure occupied as a house
of worship does not cease to be "exclusively" occupied as a house of worship
where the not-for-profit religious organization occupying the house of worship
accepts the payment of funds to defray costs related to another party's use of
the structure.
