N.Y. Comp. Codes R. & Regs. tit. 9 § 119.2

Current through Register Vol. 46, No. 36, September 4, 2024

Section 119.2 - Authorizations for Municipality Rulemaking

(a) Municipalities are authorized to adopt local laws and regulations governing the time, place, and manner; provided however, that such local laws and regulations shall not be unreasonably impracticable. The following activities constitute the permissible time, place, and manner restrictions that may be imposed by a municipality:

(1) Retail dispensary hours of operation for cities of one million (1,000,000) or more. In cities having a population of one million (1,000,000) or more, the hours of operation of when cannabis products can be sold at adult-use retail dispensaries:

(i) shall not be from 2:00 a.m. to 8:00 a.m., unless given express written permission by such municipality, or the municipality passes a local law, authorizing it to operate during such hours; and

(ii) shall not be restricted to less than seventy (70) hours a week;

(2) Retail dispensary hours of operation for cities of one million (1,000,000) or less. In cities having a population of one million (1,000,000) or less, the hours of operation of when cannabis products can be sold at adult-use retail dispensaries:

(i) shall not be from 2:00 a.m. to 8:00 a.m., unless given express written permission by such municipality, or the municipality passes a local law, authorizing it to operate during such hours; and

(ii) shall not be restricted to less than seventy (70) hours a week, unless the licensee agrees to do so;

(3) On-site consumption hours of operation for cities of one million (1,000,000) or more. In cities having a population of one million (1,000,000) or more, the hours of operation of when cannabis products can be sold at on-site consumption premises:

(i) shall not be allowed to operate from 4:00 a.m. to 8:00 a.m.; and

(ii) shall not restrict operations to less than seventy (70) hours a week, unless the licensee agrees to do so;

(4) On-site consumption hours of operation for cities of one million (1,000,000) or less. In cities having a population of one million (1,000,000) or less, the hours of operation of when cannabis products can be sold at on-site consumption premises:

(i) shall not be allowed to operate from 4:00 a.m. to 8:00 a.m;

(ii) shall not restrict operations to less than seventy (70) hours a week, unless the licensee agrees to do so;

(5) the visual or architectural integrity of the building if located within historical districts;

(6) parking;

(7) traffic control, including, but not limited to, pedestrian and vehicular traffic;

(8) odor, pursuant to article 13-E of the Public Health Law and the Clean Indoor Air Act, except as preempted under subdivision (b) of section 119.1 of this Part;

(9) noise; and

(10) distance requirements between the retail dispensary, microbusiness, or ROD and a public youth facility, provided, however, that such distance requirement is no greater than 500 feet from the retail dispensary, microbusiness, or ROD. The distance requirements for public youth facility shall not apply to licensees operating pursuant to Part 116 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 119.2

Adopted New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 9/27/2023