N.Y. Comp. Codes R. & Regs. tit. 9 § 120.19

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

Section 120.19 - Licensed Premises for Cannabis Events

(a) An on-site consumption, adult-use retail dispensary, microbusiness, or ROD licensee may, upon Office approval, temporarily include in their licensed premises the licensed premises of a different on-site consumption, adult-use retail dispensary, microbusiness, or ROD licensee to engage in a cannabis event at such temporarily added premises for a specified period.

(b) A licensee that has received approval pursuant to subdivision (a) of this section may sell cannabis products to consumers at such temporarily added premises during the cannabis event.

(c) A licensee shall not include in their licensed premises temporarily added premises for a period of more than thirty (30) concurrent days.

(d) A retail dispensary licensee shall only include in their licensed premises such temporarily added premises that have a principal entrance on the street level and on a public thoroughfare in premises which may be occupied, operated, or conducted for business, trade, or industry.

(e) In addition to information in section 120.1 of this Part, a licensee requesting approval pursuant to subdivision (a) of this section to include in their licensed premises a temporarily added premises shall provide information, including, but not limited to, the following, in a form and manner determined by the Office:

(1) The name of the licensee that shall be the cannabis event organizer, which may be the licensee requesting approval or another licensee involved in the event, and written documentation, in a form and manner as determined by the Office, which affirms the cannabis event organizer has agreed to organize the event and that the event will not violate the Cannabis Law by using such temporarily added premises for activities, including, but not limited to, gambling, exposing or simulating, contests, or fireworks that are prohibited by subdivisions 6, 6-a, 6-b, 6-c, or 7 of section 106 of the Alcoholic Beverage Control Law, or any other similar activities which the Office may determine.

(2) the nature of the event, including, but not limited to:

(i) the anticipated attendance, the maximum allowed attendance, and if the event will be open to members of the public or held for a private audience;

(ii) the event's specific times and the day(s) on which it will occur;

(iii) the specific areas of the licensed premises, including the temporarily added premises, that will be accessible to event attendees;

(iv) a detailed description of how all waste generated by the sale and consumption of cannabis products will be managed by the cannabis event organizer, including, but not limited to efforts the cannabis event organizer shall undertake to encourage sustainable practices;

(v) a list of any dates on which the event shall recur;

(vi) if the event is to be held in association with, or as a part of, another event that is not a cannabis event, a description of this other event and reliable evidence as determined by the Office of the age composition of the audience that is anticipated to attend this other event;

(vii) if the event is held at an adult-use on-site consumption premises that is not a limited retail consumption facility, a description of all signs that advertise brands and are located on the exterior or interior of the premises at which the event will occur; and

(viii) any other information as required by the Board;

(3) an anticipated shipping manifest which describes the products the licensee anticipates bringing to the cannabis event and includes the information in paragraph (2) of subdivision (g) of section 125.10 of this Title based on the anticipated transport to the cannabis event; and

(4) A description of efforts the cannabis event organizer will undertake to control access to the areas of the licensed premises which the cannabis event attendees can access. Such efforts shall use an employee or agent of the licensee to restrict entry to the facility or another method of controlling access to the facility.

(5) Written documentation evidencing that the licensee requesting approval to include temporarily added premises has received permission to do so from the licensee whose premises are being used for the cannabis event.

(f) Unless determined otherwise by the Board or Office, all requests for approval pursuant to subdivision (a) of this section shall be received at least thirty (30) calendar days prior to the beginning of the cannabis event.

(g) Operations of a Cannabis Event.

(1) Age Verification.

(i) The cannabis event organizer shall ensure that entry to the licensed premises where the cannabis event occurs during the cannabis event's specific times is limited to individuals who are at least twenty-one (21) years of age or older.

(ii) Prior to allowing an individual entry onto the licensed premises, the cannabis event organizer or its authorized agent shall inspect an individual's identification and determine the individual's age to validate that the individual is twenty-one (21) years of age or older. Valid identification and proof of age shall include:

(a) a valid driver's license or non-driver identification card issued by the New York State Department of Motor Vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state or local government within the United States or a provincial government of the dominion of Canada;

(b) a valid federal, state, or local government identification, including IDNYC, stating the individual's age and a photograph of the individual's face;

(c) a valid passport issued by the United States government or any other country;

(d) a consular identification card; or

(e) an identification card issued by the armed forces of the United States.

(2) A licensee that has temporarily added premises to their licensed premises to conduct sales at a cannabis event shall only maintain a working stock of cannabis products at the temporarily added premises where the cannabis event is occurring and shall not store cannabis products at the cannabis event;

(3) All sales of cannabis products at a cannabis event shall be conducted pursuant to subdivision (f) of section 123.10 of this Title;

(4) Licensees conducting sales at the cannabis event shall make available cannabis consumer education and resources to all consumers in a manner as described in subdivision (i) of section 123.10 of this Title;

(5) At no time during the cannabis event shall any licensee that has received approval pursuant to subdivision (a) of this section conduct deliveries from the temporarily added premises to any location outside of the cannabis event, including locations within the licensed premises but outside the cannabis event location. Notwithstanding, this shall not prevent the licensee from bringing orders of cannabis products to consumers at locations within the event area.

(h) Fees.

(1) Requests for approval pursuant to subdivision (a) of this section shall be accompanied by a non-refundable application fee of $50; and

(2) If the approval is given, there shall be an additional event fee of $100 for the first day of the event, and $50 for each additional day. The Office may determine an additional fee schedule for cannabis events which have an anticipated attendance greater than 100 people.

(i) All agreements, arrangements, payments, and other activities connected with a cannabis event shall comply with Part 124 of this Title. Any agreements, arrangements, payments, or other activities associated with the cannabis event that are not clearly attributable to a specific licensee shall be attributed to the cannabis event organizer for purposes of determining compliance with Part 124 of this Title and the Cannabis Law.

(j) The Office may set additional requirements for the conduct of licensees at the temporarily added premises during cannabis events.

(k) The Office may refuse to allow a licensee to include in their licensed premises the temporarily added premises for a cannabis event which may create a risk to public health and safety, including a risk of diversion.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 120.19

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