N.Y. Comp. Codes R. & Regs. tit. 9 § 120.11

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

Section 120.11 - License Renewal

(a) An application to renew any license issued under this Part shall be filed with the Office not more than one hundred twenty (120) days nor less than sixty (60) days prior to the expiration thereof. Unless otherwise approved by the Office, if a renewal application is not filed at least sixty (60) days prior to the expiration of the license, such application will be untimely for the purpose of review and consideration by the Office, and such license shall expire and become void on such expiration date.

(b) Renewal applications shall be accompanied by a non-refundable application fee and license fee pursuant to section 120.4 of this Part.

(c) The application for renewal shall be submitted to the Office, in a manner prescribed by the Board, and include such information as the Board may require, including, but not limited to, providing evidence showing the following:

(1) the licensee's contributions to communities and individuals disproportionally harmed by marihuana prohibition laws;

(2) the licensee has an executed labor peace agreement with a bona-fide labor organization;

(3) the racial, ethnic, and gender diversity of the licensee's employees and owners;

(4) the licensee has adhered to the social responsibility framework set forth by the Office;

(5) compliance with building and fire codes, zoning ordinances, and business licensing requirements or any other as code, local law, or requirement determined by the Office;

(6) an update on the information as described in paragraph (5) of subdivision (b) of section 120.7 of this Part;

(7) the licensee has no outstanding filings, reports, fines or other deficiencies with the Office in the operations of its adult-use license; and

(8) any other information requested by the Office.

(d) The Board shall determine whether to renew an applicant's license pursuant to the relevant factors in this section and section 120.7 of this Part.

(e) If applicable, the licensee shall provide a statement that there have been no amendments or changes to the licensed premises since the license was issued, excepting any amendments or changes pursuant to section 120.17 of this Part, or that otherwise required prior approval from the Office or Board as applicable; and

(f) An applicant may not apply to renew a license if the license has been cancelled or revoked or is currently suspended without a corrective action plan in place.

(g) Provisional licenses shall not be eligible for renewal.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 120.11

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