N.Y. Comp. Codes R. & Regs. tit. 9 § 120.16

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

Section 120.16 - Standard for Reviewing Disqualifying Offenses

(a) For purposes of determining whether an applicant qualifies or is suitable for a license under the Cannabis Law, including, but not limited to, with respect to section 137 of the Cannabis Law, the following shall apply with respect to offenses of an applicant and any of its true parties of interest as defined in section 118.1 of this Title:

(1) all conditions, offenses, violations and conduct are construed to include New York State law or similar laws of other jurisdictions, provided, however, this shall not be applicable to marihuana-related offenses;

(2) all criminal disqualifying conditions, offenses, violations and conduct include the crimes of attempt, accessory, conspiracy, and solicitation;

(3) juvenile dispositions shall not be considered as a factor for determining qualification or suitability;

(4) where applicable, all look back periods for criminal conditions, offenses, violations and conduct commence on the date of disposition provided, however, that if such disposition results in incarceration in any institution, the look back period shall commence on release from incarceration; and

(5) unless otherwise specified in section 137 of the Cannabis Law, a conviction, offense, violation or conduct shall include convictions, guilty pleas and pleas of nolo contendere.

(b) A licensee and its true parties of interest shall remain qualified or suitable at all times that a license remains in effect. An applicant, licensee or true party of interest shall notify the Office, in writing, of any offense or incident, including, but not limited to, offenses set forth in section 137 of the Cannabis Law, that would result in a denial of a license within ten (10) days of such offense or incident. Failure to notify the Office may result in a revocation, suspension, cancellation, debarment from a license or any other penalty or fine set forth in this Title or the Cannabis Law.

(c) If the conviction or disposition record was sealed, the Office may require the individual provide proof from a court evidencing the sealing of the case or any other information as determined by the Office.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 120.16

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