N.Y. Comp. Codes R. & Regs. tit. 9 § 120.1

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

Section 120.1 - General Application and License Authorizations and Requirements

(a) Applications for new license types and for additional licenses of existing license types may be accepted from time to time as may be deemed appropriate or necessary.

(b) Licensing applications shall be accepted during specific license type application periods, which shall be announced no less than thirty (30) days before the application period opens for that specific license type, as established by the Board.

(c) Limitations may be imposed on the acceptance of licensing applications, including, but not limited to, the total number of licenses; location or authorized region of operation; size of operation or output; limitations associated with true party of interest; eligibility criteria; and operating conditions, such as sustainability, public health and safety, and social and economic equity factors.

(d) A licensing application shall be accompanied by an application fee, in the amount required by this Title, for such a license in the form and manner prescribed by the Office.

(e) An applicant may use an electronic signature on an application which shall be deemed intended by the applicant to have the same force and effect as the use of a signature affixed by hand.

(f) Licenses granted pursuant to this Part may be granted, suspended, cancelled, revoked, or otherwise limited as may be deemed appropriate or necessary.

(g) An applicant and licensee shall have an obligation to ensure that the information, documentation, attestations and assurances submitted to the Office are not fraudulent, false, or misleading.

(h) An applicant shall identify any conflict of interest, including, without limitation, any relationship or affiliation of the applicant, or its true parties of interest, that currently exists with any member, employee, consultant, or agent of the Office, the Cannabis Advisory Board or the Board. The conflict of interest may be actual or perceived. If any conflict of interest should arise during the term of the application process, the applicant shall notify the Office in writing of such conflict.

(i) A person shall hold a valid license issued pursuant to the Cannabis Law in order to cultivate, process, distribute, deliver, dispense, offer on-site consumption, test, research, sell, or any other licensed activity for adult-use cannabis and cannabis products within New York State.

(j) The information furnished in an application or in any supplemental statement related thereto shall be presumed correct and shall be binding upon an applicant and licensee as if correct. All information furnished in an application or supplemental statement and relied upon in considering an application shall be deemed material in:

(1) any prosecution for perjury;

(2) any proceeding to suspend, cancel or revoke a license or impose a fee, fine, or other penalty; and

(3) the approval or denial of a license.

(k) It is the duty of the licensee to comply with regulations, including, but not limited to, requirements that were imposed prior to the issuance of a license, at all times after receiving a license. Any inconsistencies or violations of these regulations or Cannabis Law, by the licensee, shall constitute grounds for penalties, including, but not limited to, fines, as well as license suspension, revocation, and debarment, pursuant to Part 133 of this Title.

(l) Requirements of this Part may be amended, abbreviated, otherwise altered, or waived at the discretion of the Board for article 13-E smoking/vaping exception applicants and licensees that are a government or government subdivision or agency.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 120.1

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