N.Y. Comp. Codes R. & Regs. tit. 9 § 120.13

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

Section 120.13 - Reapplication after License Denial

(a) An applicant whose application was denied or a licensee whose license was cancelled, suspended, revoked or not renewed, due to one (1) or more of the provisions in paragraphs (1) through (4) of this subdivision, may reapply at any time after the failure or disqualification is cured:

(1) failure to satisfy the age requirement of the Cannabis Law, after which reapplication is permitted only upon attaining the requisite age;

(2) determination that the applicant was a person prohibited from trafficking cannabis, after which reapplication is permitted only upon a change in circumstances whereby the applicant no longer meets the standards as a person prohibited to traffic cannabis pursuant to section 137 of the Cannabis Law;

(3) any statutory or regulatory provision that is subsequently repealed or modified, after which reapplication is permitted only upon a showing that the subsequent repeal or modification of the statutory or regulatory provisions obviates the grounds for denial or revocation and justifies the conclusion that the prior determination should not have been a basis for denying an application; or

(4) the proposed premises was in a location that violated the Cannabis Law or local law, after which reapplication is permitted upon securing a new premises.

(b) An applicant seeking to reapply pursuant to subdivision (a) of this section shall file with the Office a reapplication petitioning the Board with particularity how the failure or basis for disqualification has been cured.

(c) Except as otherwise set forth in this Part or the Cannabis Law, an applicant whose application has been denied or licensee whose license has been cancelled, suspended, revoked, or not renewed may reapply after one (1) year. No applicant whose license has been cancelled, suspended, revoked, or not renewed within one (1) year, that is substantially the same as such previous applicant by way of their true parties of interest, ownership and control structure, or any other consideration the Office determines to be of interest, shall be considered for another license. The reapplication shall include submission of sufficient evidence demonstrating that the factual circumstances upon which the denial, cancellation, suspension or revocation was based have been cured to the satisfaction of the Office.

(d) Notwithstanding subdivision (c) of this section, if an applicant that has qualified as a social and economic equity applicant has their application denied, but is otherwise eligible, the applicant may be considered by the Office for provisional licensing, admission into the social and economic equity incubator program, as articulated in the Social and Economic Equity Plan, and may subsequently reapply after completion of the incubator program.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 120.13

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