§ 77 — Adult-use on-site consumption license; provisions governing on-site consumption licenses

§ 77. Adult-use on-site consumption license; provisions governing\non-site consumption licenses. 1. No applicant shall be granted an\nadult-use on-site consumption license for any premises, unless the\napplicant shall be the owner thereof, or shall be in possession of said\npremises under a lease, in writing, for a term not less than the license\nperiod except, however, that such license may thereafter be renewed\nwithout the requirement of a lease as provided in this section. This\nsubdivision shall not apply to premises leased from government agencies;\nprovided, however, that the appropriate administrator of such government\nagency provides some form of written documentation regarding the terms\nof occupancy under which the applicant is leasing said premises from the\ngovernment agency for presentation to the office at the time of the\nlicense application. Such documentation shall include the terms of\noccupancy between the applicant and the government agency, including,\nbut not limited to, any short-term leasing agreements or written\noccupancy agreements.\n 2. No person may have a direct or indirect financial or controlling\ninterest in more than three adult-use on-site consumption licenses\nissued pursuant to this chapter.\n 3. No person holding an adult-use on-site consumption license may also\nhold an adult-use retail dispensary, cultivation, processor,\nmicrobusiness, cooperative or distributor license pursuant to this\narticle or be registered as a registered organization pursuant to\narticle three of this chapter.\n 4. No applicant shall be granted an adult-use on-site consumption\nlicense for any premises within five hundred feet of school grounds as\nsuch term is defined in the education law or two hundred feet from a\nhouse of worship.\n 5. The board may consider any or all of the following in determining\nwhether public convenience and advantage and the public interest will be\npromoted by the granting of an adult-use on-site consumption license at\na particular location:\n (a) that it is a privilege, and not a right, to cultivate, process,\ndistribute, and sell cannabis;\n (b) the number, classes, and character of other licenses in proximity\nto the location and in the particular municipality or subdivision\nthereof;\n (c) evidence that all necessary licenses and permits have been\nobtained from the state and all other governing bodies;\n (d) whether there is a demonstrated need for spaces to consume\ncannabis;\n (e) effect of the grant of the license on pedestrian or vehicular\ntraffic, and parking, in proximity to the location;\n (f) the existing noise level at the location and any increase in noise\nlevel that would be generated by the proposed premises; and\n (g) any other factors specified by law or regulation that are relevant\nto determine that granting a license would promote public convenience\nand advantage and the public interest of the community.\n 6. If the board shall disapprove an application for an on-site\nconsumption license, it shall state and file in its offices the reasons\ntherefor and shall notify the applicant thereof. Such applicant may\nthereupon apply to the board for a review of such action in a manner to\nbe prescribed by the rules of the board.\n 7. No adult-use cannabis on-site consumption licensee shall keep upon\nthe licensed premises any adult-use cannabis products except those\npurchased from a licensed adult-use distributor; registered organization\nadult-use cultivator processor distributor retail dispenser; registered\norganization adult-use cultivator, processor and distributor;\ncooperative, or microbusiness authorized to sell adult-use cannabis, and\nonly in containers approved by the board. Such containers shall have\naffixed thereto such labels as may be required by the rules of the\nboard. No adult-use on-site consumption licensee shall reuse, refill,\ntamper with, adulterate, dilute or fortify the contents of any container\nof cannabis products as received from the manufacturer or distributor.\n 8. No adult-use on-site consumption licensee shall sell, deliver or\ngive away, or cause or permit or procure to be sold, delivered or given\naway any cannabis for consumption on the premises where sold in a\ncontainer or package containing a quantity or number of servings more\nthan authorized by the board.\n 9. No adult-use on-site consumption licensee shall suffer, permit or\npromote activities or events on its premises wherein any person shall\nuse such premises for activities including, but not limited to,\ngambling, exposing or simulating, contests, or fireworks that are\nprohibited by subdivision six, six-a, six-b, six-c or seven of section\none hundred six of the alcoholic beverage control law or any other\nsimilar activities the board deems to be prohibited.\n 10. No premises licensed to sell adult-use cannabis for on-site\nconsumption under this chapter shall be permitted to have any opening or\nmeans of entrance or passageway for persons or things between the\nlicensed premises and any other room or place in the building containing\nthe licensed premises, or any adjoining or abutting premises, unless\ningress and egress is restricted by an employee, agent of the licensee,\nor other method approved by the board of controlling access to the\nfacility.\n 11. Each adult-use on-site consumption licensee shall keep and\nmaintain upon the licensed premises, adequate records of all\ntransactions involving the business transacted by such licensee which\nshall show the amount of cannabis products, in an applicable metric\nmeasurement, purchased by such licensee together with the names, license\nnumbers and places of business of the persons from whom the same were\npurchased, the amount involved in such purchases, as well as the sales\nof cannabis products made by such licensee. The board is hereby\nauthorized to promulgate rules and regulations permitting an on-site\nlicensee operating two or more premises separately licensed to sell\ncannabis products for on-site consumption to inaugurate or retain in\nthis state methods or practices of centralized accounting, bookkeeping,\ncontrol records, reporting, billing, invoicing or payment respecting\npurchases, sales or deliveries of cannabis products, or methods and\npractices of centralized receipt or storage of cannabis products within\nthis state without segregation or earmarking for any such separately\nlicensed premises, wherever such methods and practices assure the\navailability, at such licensee's central or main office in this state,\nof data reasonably needed for the enforcement of this chapter. Such\nrecords shall be available for inspection by any authorized\nrepresentative of the board.\n 12. All licensed adult-use on-site consumption premises shall be\nsubject to inspection by any peace officer, acting pursuant to his or\nher special duties, or police officer and by the duly authorized\nrepresentatives of the board, during the hours when the said premises\nare open for the transaction of business.\n 13. An adult-use on-site consumption licensee shall not provide\ncannabis products to any person under the age of twenty-one. No person\nunder the age of twenty-one shall be permitted on the premises of a\ncannabis on-site consumption facility.\n 14. The provisions of article thirteen-E of the public health law\nrestricting the smoking or vaping of cannabis shall not apply to\nadult-use on-site consumption premises.\n