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 119.5 - Unreasonably Impracticable; Review and Determination

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 119.5

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

(a) Pursuant to subdivision (2) of section 131 of the Cannabis Law and this Part, no local law, rules, or actions of the municipality shall be effective or enforceable if such action otherwise impedes on duties and obligations of the Board as set forth under the Cannabis Law, violates any provision of the Cannabis Law or this Part, or discriminates against or frustrates the registrant, licensee, or permittee's ability to carry out the operation of such registration, license, or permit as issued by the Board.

(b) Should an unreasonable impractical claim be brought before the Office by a claimant contesting the validity of such local law or regulation, the Board may conduct a review of such law and issue an advisory opinion as to whether the law is unreasonably impracticable.

(c) Upon review and determination of an application to the Board, the Office shall send a copy of the advisory opinion to the claimant and the municipality from where the local law originates. If the local law:

(1) is adopted prior to the advisory opinion, the advisory opinion shall be presumptive evidence that the local law violates subdivision 2 of section 131 of the Cannabis Law; or

(2) be proposed but not adopted, the municipality shall be preempted from adopting the local law because the local law, if adopted, would be unreasonably impracticable, as determined by the Board, pursuant to subdivision 2 of section 131 of the Cannabis Law.

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