N.Y. Comp. Codes R. & Regs. tit. 9 § 120.4

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

Section 120.4 - Fees

(a) Application Fees. All applications shall be accompanied by a non-refundable application fee of $1,000 unless otherwise set forth in this section.

(1) Applications for an ROD and ROND license shall be accompanied by a non-refundable application fee of $10,000.

(b) Licensing Fees. Prior to final issuance of a license, an applicant shall pay a licensing fee for the specific license type as follows:

(1) Nursery License:

(i) Nursery Outdoor: Maximum outdoor nursery area of 100,000 square feet - $750;

(ii) Nursery Mixed-Light: Maximum mixed light nursery area of 10,000 square feet - $1,000; or

(iii) Nursery Indoor: Maximum indoor nursery area of 10,000 square feet - $2,000.

(2) Cultivator License:

(i) Outdoor Tier 5 - $40,000 + $800/500 square feet of cultivation canopy over 50,000 square feet and up to but not exceeding 100,000 square feet;

(ii) Outdoor Tier 4 - $15,000 + $500/500 square feet of cultivation canopy over 25,000 square feet and up to but not exceeding 50,000 square feet;

(iii) Outdoor Tier 3 - $6,250 + $350/500 square feet of cultivation canopy over 12,500 square feet and up to but not exceeding 25,000 square feet;

(iv) Outdoor Tier 2 - $2,500 + $250/500 square feet of cultivation canopy greater than 5,000 square feet and up to but not exceeding 12,500 square feet;

(v) Outdoor Tier 1 - $1,000 + $150/500 square feet of cultivation canopy up to but not exceeding 5,000 square feet;

(vi) Mixed Light Tier 5- $70,000 + $1,400/500 square feet of cultivation canopy over 50,000 square feet and up to but not exceeding 100,000 square feet;

(vii) Mixed Light Tier 4- $26,250 + $875/500 square feet of cultivation canopy over 25,000 square feet and up to but not exceeding 50,000 square feet;

(viii) Mixed Light Tier 3- $10,940 + $615/500 square feet of cultivation canopy over 12,500 square feet and up to but not exceeding 25,000 square feet;

(ix) Mixed Light Tier 2- $4,380 + $440/500 square feet of cultivation canopy over 5,000 square feet and up to but not exceeding 12,500 square feet;

(x) Mixed Light Tier 1 - $1,500 + $290/500 square feet of cultivation canopy and up to but not exceeding 5,000 square feet;

(xi) Indoor Tier 5 - $100,000 + $2,000/500 square feet of cultivation canopy over 50,000 square feet and up to but not exceeding 100,000 square feet;

(xii) Indoor Tier 4 - $37,500 + $1,250/500 square feet of cultivation canopy over 25,000 square feet and up to but not exceeding 50,000 square feet;

(xiii) Indoor Tier 3- $15,630 + $880/500 square feet of cultivation canopy over 12,500 square feet and up to but not exceeding 25,000 square feet;

(xiv) Indoor Tier 2 - $6,250 + $625/500 square feet of cultivation canopy over 5,000 square feet and up to but not exceeding 12,500 square feet;

(xv) Indoor Tier 1- $1,750 + $450/500 square feet of cultivation canopy up to but not to exceed 5,000 square feet;

(xvi) Tier 5 Combination - $56,000 + $860/500 square feet of cultivation canopy greater than 50,000 square feet and up to but not exceeding 100,000 square feet of outdoor; and greater than 15,000 square feet and up to but not exceeding 30,000 square feet of mixed light;

(xvii) Tier 4 Combination - $21,000 + $585/500 square feet of cultivation canopy greater than 25,000 square feet and up to but not exceeding 50,000 square feet of outdoor; and greater than 12,500 square feet and up to but not exceeding 15,000 square feet of mixed light;

(xviii) Tier 3 Combination - $8,750 + $375/500 square feet of cultivation canopy greater than 12,500 square feet and up to but not exceeding 25,000 square feet of outdoor; and greater than 6,250 square feet and up to but not exceeding 12,500 square feet of mixed light;

(xix) Tier 2 Combination - $3,500 + $235/500 square feet of cultivation canopy greater than 5,000 square feet and up to but not exceeding 12,500 square feet of outdoor; and greater than 2,500 square feet and up to but not exceeding 6,250 square feet of mixed light;

(xx) Tier 1 Combination ' $1,250 + $150/500 square feet of cultivation canopy up to but not exceeding 5,000 square feet of outdoor; and up to but not exceeding 2,500 square feet of mixed light;

(xxi) Adult-use conditional cultivator transition (up to but not exceeding 25,000 square feet of cultivation canopy, no more than 20 lights) - $19,000.

(3) Processor License:

(i) Extracting, Infusing and Blending, and Packaging, Labeling and Branding: $7,000 per processing premises;

(ii) Infusing and Blending, and Packaging, Labeling, and Branding: $2,000 per processing premises;

(iii) Packaging, Labeling, and Branding, including for the exclusive performance of written white labeling agreements: $2,000 per processing premises, provided, however, if applying as a Tier 1 or Tier 2 cultivator licensee of any cultivation type, the processor license fee shall be $500.

(4) Cooperative or Collective Licensing Fees.

(i) Cultivation. Fees for cooperative or collective license cultivation canopy sizes are as follows:

(a) Cooperative or Collective Outdoor Tier 4 - $120,000 + $1,000/500 square feet of cultivation canopy greater than 100,000 square feet and up to but not to exceed 150,000 square feet;

(b) Cooperative or Collective Outdoor Tier 3 - $40,000 + $800/500 square feet of cultivation canopy greater than 50,000 square feet and up to but not to exceed 100,000 square feet;

(c) Cooperative or Collective Outdoor Tier 2 - $15,000 + $500/500 square feet of cultivation canopy greater than 25,000 square feet and up to but not to exceed 50,000 square feet;

(d) Cooperative or Collective Outdoor Tier 1- $6,250 + $350/500 square feet of cultivation canopy greater than 12,500 square feet and up to but not to exceed 25,000 square feet;

(e) Cooperative or Collective Mixed Light Tier 4 - $210,000 + $1,500/500 square feet of cultivation canopy greater than 100,000 square feet and up to but not to exceed 125,000 square feet;

(f) Cooperative or Collective Mixed Light Tier 3 - $70,000 + $1,400/500 square feet of cultivation canopy greater than 50,000 square feet and up to but not to exceed 100,000 square feet;

(g) Cooperative or Collective Mixed Light Tier 2 - $26,250 + $875/500 square feet of cultivation canopy greater than 25,000 square feet and up to but not to exceed 50,000 square feet;

(h) Cooperative or Collective Mixed Light Tier 1 - $10,940 + $615/500 square feet of cultivation canopy greater than 12,500 square feet and up to but not to exceed 25,000 square feet;

(i) Cooperative or Collective Indoor Tier 3 - $100,000 + $2,000/500 square feet of cultivation canopy greater than 50,000 square feet and up to but not to exceed 100,000 square feet;

(j) Cooperative or Collective Indoor Tier 2 - $37,500 + $1,250/500 square feet of cultivation canopy greater than 25,000 square feet and up to but not to exceed 50,000 square feet;

(k) Cooperative or Collective Indoor Tier 1- $15,630 + $880/500 square feet of cultivation canopy greater than 12,500 square feet and up to but not to exceed 25,000 square feet;

(l) Cooperative or Collective Combination Tier 4 - $168,000 + $900/500 square foot of cultivation canopy greater than 100,000 square feet, and up to but not to exceed 125,000 square feet.

(m) Cooperative or Collective Combination Tier 3 - $56,000 + $860/500 square feet of cultivation canopy over 50,000 square feet, and up to but not to exceed 100,000 square feet;

(n) Cooperative or Collective Combination Tier 2 - $21,000 + $585/500 square feet of cultivation canopy over 25,000 square feet, and up to but not to exceed 50,000 square feet;

(o) Cooperative or Collective Combination Tier 1- $8,750 + $375/500 square feet of cultivation canopy over 12,500 square feet, and up to but not to exceed 25,000 square feet;

(ii) Cooperative or Collective Processor Licenses: $5,000 per processing premises.

(iii) Cooperative or Collective Distributor License: $3,500 per operating premises.

(5) Distributor License: $7,000 per operating premises.

(i) Fees for an adult-use processor licensee that is applying for an adult-use distributor license: $2,500 per operating premises.

(6) Retail Dispensary License: $7,000.

(7) Retail Dispensary with a limited retail consumption facility: $10,000

(8) Microbusiness License: $4,500.

(9) Delivery License: $4,500.

(10) ROND Licensing Fee: Fees for the activities for which a ROND is licensed are as follows:

(i) adult-use cultivation: the Tier 5 indoor, outdoor, mixed-light or combination cultivation canopy tier for which the ROND is licensed pursuant to paragraph (2) of subdivision (b) of this section;

(ii) adult-use processing: based on the activities taking place under the license pursuant to paragraph (3) of subdivision (b) of this section; and

(iii) adult-use distribution: fees pursuant to paragraph (5) of subdivision (b) of this section.

(11) ROD Licensing Fees. A ROD licensee shall pay a license fee of $175,000 in addition to the fee associated with a Tier 5 indoor, outdoor, mixed-light or combination adult-use cultivation canopy tier as set forth in paragraph (2) of subdivision (b) of this section, as well as a one-time special licensing fee of $20 million. Such special fee shall be paid as follows:

(i) at least $5 million due at the time the ROD license is issued; and

(ii) the remainder paid as follows:

(a) $5 million paid within 180 days of the opening of the ROD's second co-located dispensary; and

(b) $5 million installments paid within 30 days of each $100 million in revenue generated by the ROD, up to $200 million;

(iii) the balance of the $20 million special licensing fee shall be paid by December 31, 2033, unless aggregate New York State cannabis retail and wholesale revenues are less than $20 billion, in which case the ROD shall be responsible for no further payment installments of the special fee. Should the ROD license expire, or otherwise be revoked, cancelled, or abandoned, before December 31, 2033, the ROD shall be required to pay the remainder of the $20 million special fee.

(c) Reduced, Waived or Deferred fees. An applicant may pay a reduced, waived or deferred application or license fee as follows:

(1) if the applicant qualifies as a social and economic equity applicant as set forth in section 121.1 of this Title, then a 50% reduction, waiver, or deferred fee;

(2) any other supplemental reduction, waiver or deferred fee as determined by the Board for the purposes of providing financial assistance to an applicant who demonstrates sufficient needs; or

(3) for any retail dispensary, microbusiness, or ROD licensee authorized for retail sales who contracts with a delivery licensee meeting the definition of a licensee from a community disproportionately impacted, extra priority applicant, distressed farmer, and service-disabled veteran owned business, to fulfill the majority of cannabis product deliveries to cannabis consumers during the course of the expiring licensing period, then a 40% reduction in the retail dispensary licensee renewal fees.

(d) An applicant shall pay any fees for amendments or changes to an application as determined by the Board.

(e) Upon application for license renewal, a licensee shall pay renewal fees equivalent to the fees paid for the initial license, or as otherwise determined by the Board; provided, however, a ROND shall only pay the license fee set out in paragraph (10) of subdivision (b) of this section upon initial licensure.

(f) Applicants and licensees shall pay any other administrative fees imposed by the Board related to application and licensing submissions and amendments.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 120.4

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