§ 126 — License to be confined to premises licensed; premises for which no license shall be granted; transporting cannabis

New York § 126

• Jurisdiction: New York
• Law CAN: Cannabis
• Art. 6: General Provisions

Text

§ 126. License to be confined to premises licensed; premises for which\nno license shall be granted; transporting cannabis. 1. A registration,\nlicense, or permit issued to any person, pursuant to this chapter, for\nany registered, licensed, or permitted premises shall not be\ntransferable to any other person, to any other location or premises, or\nto any other building or part of the building containing the licensed\npremises except in the discretion of the office. All privileges granted\nby any registration, license, or permit shall be available only to the\nperson therein specified, and only for the premises licensed and no\nother except if authorized by the board. Provided, however, that the\nprovisions of this section shall not be deemed to prohibit the amendment\nof a registration or license as provided for in this chapter. A\nviolation of this section shall subject the registration, license, or\npermit to revocation for cause.\n 2. Where a registration or license for premises has been revoked, the\nboard in its discretion may refuse to issue a registration, license, or\npermit under this chapter, for a period of up to five years after such\nrevocation, for such premises or for any part of the building containing\nsuch premises and connected therewith.\n 3. In determining whether to issue such a proscription against\ngranting any registration, license, or permit for such five-year period,\nin addition to any other factors deemed relevant to the board, the board\nshall, in the case of a license revoked due to the sale of cannabis to a\nperson under the age of twenty-one not otherwise authorized by this\nchapter, determine whether the proposed subsequent licensee has obtained\nsuch premises through an arm's length transaction, and, if such\ntransaction is not found to be an arm's length transaction, the office\nshall deny the issuance of such license.\n 4. For purposes of this section, "arm's length transaction" shall mean\na sale of a fee of all undivided interests in real property, lease,\nmanagement agreement, or other agreement giving the applicant control\nover the cannabis at the premises, or any part thereof, in the open\nmarket, between an informed and willing buyer and seller where neither\nis under any compulsion to participate in the transaction, unaffected by\nany unusual conditions indicating a reasonable possibility that the sale\nwas made for the purpose of permitting the original licensee to avoid\nthe effect of the revocation. The following sales shall be presumed not\nto be arm's length transactions unless adequate documentation is\nprovided demonstrating that the sale, lease, management agreement, or\nother agreement giving the applicant control over the cannabis at the\npremises, was not conducted, in whole or in part, for the purpose of\npermitting the original licensee to avoid the effect of the revocation:\n (a) a sale between relatives;\n (b) a sale between related companies or partners in a business; or\n (c) a sale, lease, management agreement, or other agreement giving the\napplicant control over the cannabis at the premises, affected by other\nfacts or circumstances that would indicate that the sale, lease,\nmanagement agreement, or other agreement giving the applicant control\nover the cannabis at the premises, is entered into for the primary\npurpose of permitting the original licensee to avoid the effect of the\nrevocation.\n 5. No registered organization, licensee or permittee shall transport\ncannabis products or medical cannabis except in vehicles owned and\noperated by such registered organization, licensee or permittee, or\nhired and operated by such registered organization, licensee or\npermittee from a trucking or transportation company permitted and\nregistered with the board.\n 6. No common carrier or person operating a transportation facility in\nthis state, other than the United States government, shall knowingly\nreceive for transportation or delivery within the state any cannabis\nproducts or medical cannabis unless the shipment is accompanied by a\ncopy of a bill of lading, or other document, showing the name and\naddress of the consignor, the name and address of the consignee, the\ndate of the shipment, and the quantity and kind of cannabis products or\nmedical cannabis contained therein.\n