Current through Register Vol. 46, No. 39, September 25, 2024
(a) An on-site consumption, adult-use retail
dispensary, microbusiness, or ROD licensee may, upon Office approval,
temporarily include in their licensed premises the licensed premises of a
different on-site consumption, adult-use retail dispensary, microbusiness, or
ROD licensee to engage in a cannabis event at such temporarily added premises
for a specified period.
(b) A
licensee that has received approval pursuant to subdivision (a) of this section
may sell cannabis products to consumers at such temporarily added premises
during the cannabis event.
(c) A
licensee shall not include in their licensed premises temporarily added
premises for a period of more than thirty (30) concurrent days.
(d) A retail dispensary licensee shall only
include in their licensed premises such temporarily added premises that have a
principal entrance on the street level and on a public thoroughfare in premises
which may be occupied, operated, or conducted for business, trade, or
industry.
(e) In addition to
information in section
120.1 of this Part, a licensee
requesting approval pursuant to subdivision (a) of this section to include in
their licensed premises a temporarily added premises shall provide information,
including, but not limited to, the following, in a form and manner determined
by the Office:
(1) The name of the licensee
that shall be the cannabis event organizer, which may be the licensee
requesting approval or another licensee involved in the event, and written
documentation, in a form and manner as determined by the Office, which affirms
the cannabis event organizer has agreed to organize the event and that the
event will not violate the Cannabis Law by using such temporarily added
premises for activities, including, but not limited to, gambling, exposing or
simulating, contests, or fireworks that are prohibited by subdivisions 6, 6-a,
6-b, 6-c, or 7 of section
106 of the Alcoholic Beverage Control Law,
or any other similar activities which the Office may determine.
(2) the nature of the event, including, but
not limited to:
(i) the anticipated
attendance, the maximum allowed attendance, and if the event will be open to
members of the public or held for a private audience;
(ii) the event's specific times and the
day(s) on which it will occur;
(iii) the specific areas of the licensed
premises, including the temporarily added premises, that will be accessible to
event attendees;
(iv) a detailed
description of how all waste generated by the sale and consumption of cannabis
products will be managed by the cannabis event organizer, including, but not
limited to efforts the cannabis event organizer shall undertake to encourage
sustainable practices;
(v) a list
of any dates on which the event shall recur;
(vi) if the event is to be held in
association with, or as a part of, another event that is not a cannabis event,
a description of this other event and reliable evidence as determined by the
Office of the age composition of the audience that is anticipated to attend
this other event;
(vii) if the
event is held at an adult-use on-site consumption premises that is not a
limited retail consumption facility, a description of all signs that advertise
brands and are located on the exterior or interior of the premises at which the
event will occur; and
(viii) any
other information as required by the Board;
(3) an anticipated shipping manifest which
describes the products the licensee anticipates bringing to the cannabis event
and includes the information in paragraph (2) of subdivision (g) of section
125.10 of this Title based on the
anticipated transport to the cannabis event; and
(4) A description of efforts the cannabis
event organizer will undertake to control access to the areas of the licensed
premises which the cannabis event attendees can access. Such efforts shall use
an employee or agent of the licensee to restrict entry to the facility or
another method of controlling access to the facility.
(5) Written documentation evidencing that the
licensee requesting approval to include temporarily added premises has received
permission to do so from the licensee whose premises are being used for the
cannabis event.
(f)
Unless determined otherwise by the Board or Office, all requests for approval
pursuant to subdivision (a) of this section shall be received at least thirty
(30) calendar days prior to the beginning of the cannabis event.
(g) Operations of a Cannabis Event.
(1) Age Verification.
(i) The cannabis event organizer shall ensure
that entry to the licensed premises where the cannabis event occurs during the
cannabis event's specific times is limited to individuals who are at least
twenty-one (21) years of age or older.
(ii) Prior to allowing an individual entry
onto the licensed premises, the cannabis event organizer or its authorized
agent shall inspect an individual's identification and determine the
individual's age to validate that the individual is twenty-one (21) years of
age or older. Valid identification and proof of age shall include:
(a) a valid driver's license or non-driver
identification card issued by the New York State Department of Motor Vehicles,
the federal government, any United States territory, commonwealth or
possession, the District of Columbia, a state or local government within the
United States or a provincial government of the dominion of Canada;
(b) a valid federal, state, or local
government identification, including IDNYC, stating the individual's age and a
photograph of the individual's face;
(c) a valid passport issued by the United
States government or any other country;
(d) a consular identification card;
or
(e) an identification card
issued by the armed forces of the United States.
(2) A licensee that has
temporarily added premises to their licensed premises to conduct sales at a
cannabis event shall only maintain a working stock of cannabis products at the
temporarily added premises where the cannabis event is occurring and shall not
store cannabis products at the cannabis event;
(3) All sales of cannabis products at a
cannabis event shall be conducted pursuant to subdivision (f) of section
123.10 of this Title;
(4) Licensees conducting sales at the
cannabis event shall make available cannabis consumer education and resources
to all consumers in a manner as described in subdivision (i) of section
123.10 of this Title;
(5) At no time during the cannabis event
shall any licensee that has received approval pursuant to subdivision (a) of
this section conduct deliveries from the temporarily added premises to any
location outside of the cannabis event, including locations within the licensed
premises but outside the cannabis event location. Notwithstanding, this shall
not prevent the licensee from bringing orders of cannabis products to consumers
at locations within the event area.
(h) Fees.
(1) Requests for approval pursuant to
subdivision (a) of this section shall be accompanied by a non-refundable
application fee of $50; and
(2) If
the approval is given, there shall be an additional event fee of $100 for the
first day of the event, and $50 for each additional day. The Office may
determine an additional fee schedule for cannabis events which have an
anticipated attendance greater than 100 people.
(i) All agreements, arrangements, payments,
and other activities connected with a cannabis event shall comply with Part 124
of this Title. Any agreements, arrangements, payments, or other activities
associated with the cannabis event that are not clearly attributable to a
specific licensee shall be attributed to the cannabis event organizer for
purposes of determining compliance with Part 124 of this Title and the Cannabis
Law.
(j) The Office may set
additional requirements for the conduct of licensees at the temporarily added
premises during cannabis events.
(k) The Office may refuse to allow a licensee
to include in their licensed premises the temporarily added premises for a
cannabis event which may create a risk to public health and safety, including a
risk of diversion.
