§ 85 — Provisions governing adult-use cannabis retail dispensaries

§ 85. Provisions governing adult-use cannabis retail dispensaries. 1.\nNo cannabis retail licensee shall sell, deliver, or give away or cause\nor permit or procure to be sold, delivered or given away any cannabis to\nany person, actually or apparently, under the age of twenty-one years\nor, any visibly intoxicated person.\n 2. Valid proof of age is required for each transaction. No licensee,\nor agent or employee of such licensee shall accept as written evidence\nof age by any such person for the purchase of any cannabis or cannabis\nproduct, any documentation other than: (a) a valid driver's license or\nnon-driver identification card issued by the commissioner of motor\nvehicles, the federal government, any United States territory,\ncommonwealth or possession, the District of Columbia, a state government\nwithin the United States or a provincial government of the dominion of\nCanada, or (b) a valid passport issued by the United States government\nor any other country, or (c) an identification card issued by the armed\nforces of the United States. Upon the presentation of such driver's\nlicense or non-driver identification card issued by a governmental\nentity, such licensee or agent or employee thereof may perform a\ntransaction scan as a precondition to the sale of any cannabis or\ncannabis product. Nothing in this section shall prohibit a licensee or\nagent or employee from performing such a transaction scan on any of the\nother documents listed in this subdivision if such documents include a\nbar code or magnetic strip that may be scanned by a device capable of\ndeciphering any electronically readable format. In instances where the\ninformation deciphered by the transaction scan fails to match the\ninformation printed on the driver's license or non-driver identification\ncard presented by the card holder, or if the transaction scan indicates\nthat the information is false or fraudulent, the attempted purchase of\nthe cannabis or cannabis product shall be denied.\n 3. No cannabis retail licensee shall sell alcoholic beverages, nor\nhave or possess a license or permit to sell alcoholic beverages, on the\nsame premises where cannabis products are sold.\n 4. No sign of any kind printed, painted or electric, advertising any\nbrand shall be permitted on the exterior or interior of such premises,\nexcept by permission of the board.\n 5. No cannabis retail licensee shall sell or deliver any cannabis\nproducts to any person with knowledge of, or with reasonable cause to\nbelieve, that the person to whom such cannabis products are being sold,\nhas acquired the same for the purpose of selling or giving them away in\nviolation of the provisions of this chapter or in violation of the rules\nand regulations of the board.\n 6. All premises licensed under this section shall be subject to\ninspection by any peace officer described in subdivision four of section\n2.10 of the criminal procedure law acting pursuant to his or her special\nduties, or police officer or any duly authorized representative of the\nboard. All licensees shall be subject to reasonable inspection by the\noffice and a person who holds a license must make himself or herself, or\nan agent thereof, available and present for any inspection required by\nthe office. The office shall make reasonable accommodations so that\nordinary business is not interrupted, and safety and security procedures\nare not compromised by the inspection.\n 7. No cannabis retail licensee shall be interested, directly or\nindirectly, in any cultivator, processor, distributor or microbusiness\noperator licensed pursuant to this article, by stock ownership,\ninterlocking directors, mortgage or lien on any personal or real\nproperty or by any other means. Any lien, mortgage or other interest or\nestate, however, now held by such retailer on or in the personal or real\nproperty of such manufacturer or distributor, which mortgage, lien,\ninterest or estate was acquired on or before December thirty-first, two\nthousand nineteen, shall not be included within the provisions of this\nsubdivision; provided, however, the burden of establishing the time of\nthe accrual of the interest comprehended by this subdivision, shall be\nupon the person who claims to be entitled to the protection and\nexemption afforded hereby.\n 8. No cannabis retail licensee shall make or cause to be made any loan\nto any person engaged in the cultivation, processing or distribution of\ncannabis pursuant to this article.\n 9. Each cannabis retail licensee shall designate the price of each\nitem of cannabis by attaching to or otherwise displaying immediately\nadjacent to each such item displayed in the interior of the licensed\npremises where sales are made a price tag, sign or placard setting forth\nthe price at which each such item is offered for sale therein.\n 10. No person licensed to sell cannabis products at retail, shall\nallow or permit any gambling, or offer any gambling on the licensed\npremises, or allow or permit illicit drug activity on the licensed\npremises.\n 11. All adult-use dispensing facilities shall make educational\nmaterials and resources available to cannabis consumers at the point of\nsale, as prescribed by the board.\n 12. The board is authorized, to promulgate regulations governing\nlicensed adult-use dispensing facilities, including but not limited to,\nthe hours of operation, size and location of the licensed facility,\ntypes and concentration of product servings offered and establishing a\nminimum and maximum margin for retail dispensary markups of cannabis\nproduct or products before selling to a cannabis consumer. It shall be\nunlawful for any retail dispensary to sell any adult-use cannabis\nproduct for less than the minimum markup allowed in regulation.\n