§ 496-B — Administrative provisions

§ 496-b. Administrative provisions. (a) The provisions of part four\nof article twenty-eight of this chapter shall apply to the taxes imposed\nby section four hundred ninety-three of this article in the same manner\nand with the same force and effect as if the language of such article\nhad been incorporated in full into this section and had expressly\nreferred to the tax imposed by this article, except to the extent that\nany provision of such article is either inconsistent with a provision of\nthis article or is not relevant to this article.\n (b)(1) All taxes, interest, and penalties collected or received by the\ncommissioner under this article shall be deposited and disposed of\npursuant to the provisions of section one hundred seventy-one-a of this\nchapter, provided that an amount equal to one hundred percent collected\nunder this article less any amount determined by the commissioner to be\nreserved by the comptroller for refunds or reimbursements shall be paid\nby the comptroller to the credit of the cannabis revenue fund\nestablished by section ninety-nine-ii of the state finance law. Of the\ntotal revenue collected or received under this article, the comptroller\nshall retain such amount as the commissioner may determine to be\nnecessary for refunds. The commissioner is authorized and directed to\ndeduct from the registration fees under subdivision (a) of section four\nhundred ninety-four of this article, before deposit into the cannabis\nrevenue fund designated by the comptroller, a reasonable amount\nnecessary to effectuate refunds of appropriations of the department to\nreimburse the department for the costs incurred to administer, collect,\nand distribute the taxes imposed by this article.\n (2) All taxes, interest, and penalties collected or received by the\ncommissioner under subdivision (c) of section four hundred ninety-three\nof this article shall be deposited and disposed of pursuant to the\nprovisions of section one hundred seventy-one-a of this chapter,\nprovided that an amount equal to one hundred percent collected under\nsuch subdivision (c), less any amount determined by the commissioner to\nbe reserved by the comptroller for refunds or reimbursements, shall be\npaid to the comptroller and the commissioner shall certify to the\ncomptroller the amount of tax, penalties, and interest attributable to\nretail sales within a city with a population of a million or more and\ncounties (other than a county wholly within such city). Such amount will\nbe distributed by the comptroller to such city and such counties. Such\ncounties shall be entitled to retain twenty-five percent of the monies\nso distributed. Such counties shall distribute the remaining\nseventy-five percent of such monies to the towns, villages, and cities\nwithin such county in which a retail dispensary is located in proportion\nto the sales of adult-use cannabis products by the retail dispensaries\nin such towns, villages and cities as reported by a seed-to-sale system,\nprovided, however, where a retail dispensary is located in a village\nwithin a town that both permit cannabis retail sales, then the county\nshall distribute the monies attributable to such retail dispensary to\nsuch town and village in such proportion as may be agreed upon by the\nelective governing body of such town and of such village or, in the\nabsence of such an agreement, shall evenly divide such monies between\nsuch town and village. Such counties shall distribute the monies\nreceived for each quarter ending on the last day of February, May,\nAugust or November to such towns, villages and cities no later than the\nthirtieth day after receipt of such monies from the comptroller.\n