N.Y. Cannabis Law Section 76
Notification to municipalities of adult-use retail dispensary or on-site consumption license


1.

Not less than thirty days nor more than two hundred seventy days before filing an application for licensure as an adult-use retail dispensary or registered organization adult-use cultivator processor distributor retail dispensary or an on-site consumption licensee, an applicant shall notify the municipality in which the premises is located of such applicant’s intent to file such an application.

2.

Such notification shall be made to the clerk of the village, town or city, as the case may be, wherein the premises is located. For purposes of this section:

(a)

notification need only be given to the clerk of a village when the premises is located within the boundaries of the village; and

(b)

in the city of New York, the community board established pursuant to section twenty-eight hundred of the New York city charter with jurisdiction over the area in which the premises is located shall be considered the appropriate public body to which notification shall be given.

3.

Such notification shall be made in such form as shall be prescribed by the rules of the board.

4.

When a city, town, or village, and in New York city a community board, expresses an opinion for or against the granting of such registration, license or permit application, any such opinion shall be deemed part of the record upon which the office makes its recommendation to the board to grant or deny the application and the board shall respond in writing to such city, town, village or community board with an explanation of how such opinion was considered in the granting or denial of an application.

5.

Such notification shall be made by:

(a)

certified mail, return receipt requested;

(b)

overnight delivery service with proof of mailing; or

(c)

personal service upon the offices of the clerk or community board.

6.

The board shall require such notification to be on a standardized form that can be obtained on the internet or from the board and such notification to include:

(a)

the trade name or “doing business as” name, if any, of the establishment;

(b)

the full name of the applicant;

(c)

the street address of the establishment, including the floor location or room number, if applicable;

(d)

the mailing address of the establishment, if different than the street address;

(e)

the name, address and telephone number of the attorney or representative of the applicant, if any;

(f)

a statement indicating whether the application is for:

(i)

a new establishment;

(ii)

a transfer of an existing licensed business;

(iii)

a renewal of an existing license; or

(iv)

an alteration of an existing licensed premises;

(g)

if the establishment is a transfer or previously licensed premises, the name of the old establishment and such establishment’s registration or license number;

(h)

in the case of a renewal or alteration application, the registration or license number of the applicant; and

(i)

the type of license.

Source: Section 76 — Notification to municipalities of adult-use retail dispensary or on-site consumption license, https://www.­nysenate.­gov/legislation/laws/CAN/76 (updated Apr. 9, 2021; accessed May 11, 2024).

Accessed:
May 11, 2024

Last modified:
Apr. 9, 2021

§ 76’s source at nysenate​.gov

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