N.Y. Comp. Codes R. & Regs. tit. 9 § 120.9

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

Section 120.9 - Issuance of a License

(a) No license shall be considered, issued, or effective without final approval of the Board.

(b) An application for licensure under this Part shall only be approved by the Board if:

(1) a complete application has been submitted to the Office along with all necessary fees pursuant to section 120.4 of this Part;

(2) the application demonstrates, to the satisfaction of the Board, that the applicant will operate pursuant to article 4 of the Cannabis Law and this Title;

(3) the applicant is ready, willing and able to properly carry on the activities set forth in the application; and

(4) the applicant is of good moral character.

(c) Applicants may apply for a license and receive a provisional license as defined in section 118.1 of this Title. Such application may not submit required elements under this Title that would be required otherwise to commence licensed activities as outlined under subdivision (b) of section 120.2 of this Part. A provisional license shall convert into a final operational license upon the Board's receipt, to its satisfaction, of all outstanding information required for final approval prior to the deadline for submission of such outstanding information; as prescribed by the Board. An applicant shall submit all outstanding information required for final operational license approval within twelve (12) months of receiving a provisional license unless otherwise approved by the Board.

(d) Licenses issued under this Title shall be effective upon date that the license is issued and shall specify the following information:

(1) name of the licensee;

(2) address of the real property, or if applicable the online retailer website, where the licensed activities may take place;

(3) name of the contact person;

(4) the license type and a list of the activities permitted to be performed on such licensed premises;

(5) date of issuance;

(6) date of expiration; and

(7) the license number.

(e) Licenses shall not be transferable or assignable without prior written approval of the Board including, without limitation, to another licensee. A change in majority ownership, controlling interest in the license, person holding the license, or person with sole control over the license shall constitute a transfer of the license.

(f) To obtain approval from the Board for the transfer of a license, a transferee shall submit an application to the Office, in a manner prescribed by the Board, demonstrating an ability to operate the license in compliance with this Title, along with an application fee pursuant to section 120.4 of this Part.

(g) The Board may deny an application for transfer of a license if the application fails to demonstrate that the transferee will comply with all the requirements of this Title, or if the licensee has a record of poor performance, meaning two (2) or more Category 1 and 2 Violations pursuant to Part 133 of this Title, within the past two (2) years.

(h) A licensee may amend a license to add or delete permitted activities or change the location of a licensed premises by submitting a written request to the Office along with an application fee pursuant to section 120.4 of this Part.

(i) A request to add permitted activities shall be reviewed by the Office pursuant to section 120.7 of this Part.

(j) Verification. The Office may conduct random or scheduled inspections after a license has been issued to determine if the plans submitted to the Office meet or met the minimum requirements for such license.

(1) In the event the Board determines that plans or evidence submitted under this Part does not meet such minimum requirements at the time of application, the Board may deny renewal of, suspend, cancel or revoke the license pursuant to Part 133 of this Title.

(2) In the event the Board determines that a licensee fails to adhere to the minimum requirements described in any plan or evidence submitted under this section, the Board may deny renewal of, suspend, cancel or revoke the license pursuant to Part 133 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 120.9

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