S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3089--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M.  of A. PEOPLES-STOKES, GOTTFRIED, LUPARDO, SEPULVEDA,
  WEPRIN -- read once and referred to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the public health law, in relation to the description of
  marihuana, and the growing of and use of marihuana by persons eighteen
  years of age or older; to  amend  the  vehicle  and  traffic  law,  in
  relation to making technical changes regarding the definition of mari-
  huana;  to  amend  the  penal law, in relation to the qualification of
  certain offenses involving marihuana and  to  exempt  certain  persons
  from  prosecution  for  the  use,  consumption, display, production or
  distribution of marihuana; to amend  the  alcoholic  beverage  control
  law,  in relation to providing for the licensure of persons authorized
  to produce, process and sell marihuana;  to  amend  the  tax  law,  in
  relation  to  providing  for  the  levying of an excise tax on certain
  sales of marihuana; to amend the criminal  procedure  law,  the  civil
  practice  law  and  rules, the general business law, the state finance
  law, the executive law, the penal law and the vehicle and traffic law,
  in relation to making conforming changes; to repeal  sections  221.10,
  221.25,  221.30,  221.50  and  221.55 of the penal law relating to the
  criminal possession and sale of marihuana; to repeal paragraph (f)  of
  subdivision  2  of section 850 of the general business law relating to
  drug related paraphernalia; and making an appropriation therefor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as the "marihuana
regulation and taxation act".
  S 2. Legislative findings  and  intent.  The  legislature  finds  that
decades of arresting marihuana users has failed to prevent marihuana use
or prevent minors from accessing marihuana. Existing marihuana laws have
created a violent, illegal drug market that consumes millions of dollars

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01895-05-5
              

A. 3089--A                          2

in  criminal  justice resources each year.  Existing marihuana laws have
also disproportionately impacted African-American  and  Latino  communi-
ties.    Regulating, controlling, and taxing marihuana like alcohol will
save  criminal  justice  resources,  reduce violent crime, reduce racial
disparities, and generate revenue.
  Additionally, industrial hemp is produced in at least 30  nations  and
used  to  create  thousands  of products including paper, textiles, food
oils, automotive parts, and personal care products. Hundreds of millions
of dollars of industrial hemp products are sold  in  the  United  States
each year.
  The intent of this act is to regulate, control, and tax marihuana in a
manner  similar to alcohol, generate millions of dollars in new revenue,
prevent access to marihuana by those under the age  of  eighteen  years,
reduce  the  illegal  drug  market  and reduce violent crime, reduce the
racially disparate impact of existing marihuana laws,  allow  industrial
hemp  to  be  farmed  in  New  York state, and create new industries and
increase employment.
  Nothing in this act is intended to limit the authority of any district
government agency or office or employers to enact and  enforce  policies
pertaining  to  marihuana  in  the workplace, to allow driving under the
influence of marihuana, to allow individuals to engage in  conduct  that
endangers others, to allow smoking marihuana in any location where smok-
ing tobacco is prohibited, or to require any individual to engage in any
conduct  that violates federal law or to exempt anyone from any require-
ment of federal law or pose any obstacle to the federal  enforcement  of
federal law.
  Nothing in this act is intended to limit any privileges or rights of a
medical  marihuana  patient or medical marihuana caregiver under the New
York Compassionate Care Act.
  S 3. Section 3302 of the public health law, as added by chapter 878 of
the laws of 1972, subdivisions 1, 14, 16,  17  and  27  as  amended  and
subdivisions  4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19, 20, 21, 22, 23, 24,
25, 26, 28, 29 and 30 as renumbered by chapter 537 of the laws of  1998,
subdivisions 9 and 10 as amended and subdivisions 34, 35, 36, 37, 38, 39
and  40  as  added  by chapter 178 of the laws of 2010, paragraph (a) of
subdivision 20, the opening paragraph of subdivision 22 and  subdivision
29  as  amended  by  chapter  163 of the laws of 1973, subdivision 31 as
amended by section 4 of part A of chapter 58 of the laws of 2004, subdi-
vision 41 as added by section 6 of part A of chapter 447 of the laws  of
2012,  and  subdivisions  42  and 43 as added by section 13 of part D of
chapter 60 of the laws of 2014, is amended to read as follows:
  S 3302. Definitions of terms of general use in  this  article.  Except
where   different   meanings   are  expressly  specified  in  subsequent
provisions of this article, the following terms have the following mean-
ings:
  1. "Addict" means a person who habitually uses a controlled  substance
for  a  non-legitimate or unlawful use, and who by reason of such use is
dependent thereon.
  2.  "Administer"  means  the  direct  application  of   a   controlled
substance,  whether  by  injection,  inhalation, ingestion, or any other
means, to the body of a patient or research subject.
  3. "Agent" means an authorized person who acts on behalf of or at  the
direction of a manufacturer, distributor, or dispenser. No person may be
authorized  to  so  act  if  under  title VIII of the education law such
person would not be permitted to engage in such  conduct.  It  does  not
include  a  common or contract carrier, public warehouseman, or employee

A. 3089--A                          3

of the carrier or warehouseman when  acting  in  the  usual  and  lawful
course of the carrier's or warehouseman's business.
  4. ["Concentrated Cannabis" means
  (a)  the  separated  resin, whether crude or purified, obtained from a
plant of the genus Cannabis; or
  (b) a material, preparation,  mixture,  compound  or  other  substance
which  contains  more than two and one-half percent by weight of delta-9
tetrahydrocannabinol, or  its  isomer,  delta-8  dibenzopyran  numbering
system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
terpene numbering system.
  5.]  "Controlled  substance" means a substance or substances listed in
section thirty-three hundred six of this [chapter] TITLE.
  [6.] 5. "Commissioner" means commissioner of health of  the  state  of
New York.
  [7.]  6.  "Deliver"  or  "delivery"  means the actual, constructive or
attempted transfer from one person to another of a controlled substance,
whether or not there is an agency relationship.
  [8.] 7. "Department" means the department of health of  the  state  of
New York.
  [9.] 8. "Dispense" means to deliver a controlled substance to an ulti-
mate user or research subject by lawful means, including by means of the
internet, and includes the packaging, labeling, or compounding necessary
to prepare the substance for such delivery.
  [10.] 9. "Distribute" means to deliver a controlled substance, includ-
ing by means of the internet, other than by administering or dispensing.
  [11.]  10.  "Distributor"  means a person who distributes a controlled
substance.
  [12.] 11. "Diversion" means manufacture, possession, delivery  or  use
of  a  controlled  substance by a person or in a manner not specifically
authorized by law.
  [13.] 12. "Drug" means
  (a) substances recognized as drugs in the official United States Phar-
macopoeia, official Homeopathic Pharmacopoeia of the United  States,  or
official National Formulary, or any supplement to any of them;
  (b)  substances  intended  for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; and
  (c) substances (other than food) intended to affect the structure or a
function of the body of man or animal. It does not  include  devices  or
their components, parts, or accessories.
  [14.]  13. "Federal agency" means the Drug Enforcement Administration,
United States Department of Justice, or its successor agency.
  [15.] 14. "Federal controlled substances act" means the  Comprehensive
Drug  Abuse  Prevention  and Control Act of 1970, Public Law 91-513, and
any act or  acts  amendatory  or  supplemental  thereto  or  regulations
promulgated thereunder.
  [16.]  15. "Federal registration number" means such number assigned by
the Federal agency to any person authorized to manufacture,  distribute,
sell, dispense or administer controlled substances.
  [17.]  16.  "Habitual  user"  means any person who is, or by reason of
repeated use of any controlled substance for non-legitimate or  unlawful
use is in danger of becoming, dependent upon such substance.
  [18.]  17.  "Institutional  dispenser"  means  a  hospital, veterinary
hospital, clinic,  dispensary,  maternity  home,  nursing  home,  mental
hospital or similar facility approved and certified by the department as
authorized  to  obtain  controlled  substances  by  distribution  and to

A. 3089--A                          4

dispense and administer such substances pursuant to the order of a prac-
titioner.
  [19.]  18.  "License"  means  a  written  authorization  issued by the
department or the New York  state  department  of  education  permitting
persons  to  engage  in  a specified activity with respect to controlled
substances.
  [20.] 19. "Manufacture"  means  the  production,  preparation,  propa-
gation,   compounding,   cultivation,  conversion  or  processing  of  a
controlled substance, either directly or  indirectly  or  by  extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and
includes  any  packaging  or repackaging of the substance or labeling or
relabeling of its container, except that this term does not include  the
preparation,   compounding,   packaging  or  labeling  of  a  controlled
substance:
  (a) by a practitioner as an incident to his administering or  dispens-
ing  of  a  controlled substance in the course of his professional prac-
tice; or
  (b) by a practitioner, or by his authorized  agent  under  his  super-
vision, for the purpose of, or as an incident to, research, teaching, or
chemical analysis and not for sale; or
  (c)  by  a pharmacist as an incident to his dispensing of a controlled
substance in the course of his professional practice.
  [21. "Marihuana" means all parts of the plant of the  genus  Cannabis,
whether  growing or not; the seeds thereof; the resin extracted from any
part of the plant; and every compound,  manufacture,  salt,  derivative,
mixture,  or  preparation  of the plant, its seeds or resin. It does not
include the mature stalks of the plant, fiber produced from the  stalks,
oil  or cake made from the seeds of the plant, any other compound, manu-
facture, salt, derivative, mixture, or preparation of the mature  stalks
(except  the  resin  extracted  therefrom),  fiber, oil, or cake, or the
sterilized seed of the plant which is incapable of germination.
  22.] 20. "Narcotic drug" means any of the following, whether  produced
directly  or  indirectly  by  extraction  from  substances  of vegetable
origin, or independently by means of chemical synthesis, or by a  combi-
nation of extraction and chemical synthesis:
  (a)  opium and opiate, and any salt, compound, derivative, or prepara-
tion of opium or opiate;
  (b) any salt, compound, isomer,  derivative,  or  preparation  thereof
which  is  chemically equivalent or identical with any of the substances
referred to in [subdivision] PARAGRAPH (a) OF THIS SUBDIVISION, but  not
including the isoquinoline alkaloids of opium;
  (c) opium poppy and poppy straw.
  [23.]  21. "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being  capable  of
conversion  into a drug having addiction-forming or addiction-sustaining
liability. It  does  not  include,  unless  specifically  designated  as
controlled  under section [3306] THIRTY-THREE HUNDRED SIX of this [arti-
cle] TITLE, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and
its salts (dextromethorphan). It does include its racemic and  levorota-
tory forms.
  [24.]  22.  "Opium  poppy"  means  the  plant  of  the species Papaver
somniferum L., except its seeds.
  [25.] 23. "Person" means individual, institution, corporation, govern-
ment or governmental subdivision  or  agency,  business  trust,  estate,
trust, partnership or association, or any other legal entity.

A. 3089--A                          5

  [26.]  24. "Pharmacist" means any person licensed by the state depart-
ment of education to practice pharmacy.
  [27.]  25.  "Pharmacy"  means  any place registered as such by the New
York state board of pharmacy and  registered  with  the  Federal  agency
pursuant to the federal controlled substances act.
  [28.]  26.  "Poppy  straw"  means  all parts, except the seeds, of the
opium poppy, after mowing.
  [29.] 27. "Practitioner" means:
  A physician, dentist, podiatrist,  veterinarian,  scientific  investi-
gator,  or  other  person  licensed, or otherwise permitted to dispense,
administer or conduct research with respect to a controlled substance in
the course of a licensed  professional  practice  or  research  licensed
pursuant  to  this article. Such person shall be deemed a "practitioner"
only as to such substances, or conduct relating to such  substances,  as
is permitted by his license, permit or otherwise permitted by law.
  [30.]   28.   "Prescribe"  means  a  direction  or  authorization,  by
prescription, permitting an ultimate user lawfully to obtain  controlled
substances   from   any  person  authorized  by  law  to  dispense  such
substances.
  [31.] 29.  "Prescription"  shall  mean  an  official  New  York  state
prescription,  an electronic prescription, an oral prescription[,] OR an
out-of-state prescription[, or any one].
  [32.] 30. "Sell" means to sell, exchange, give or dispose of to anoth-
er, or offer or agree to do the same.
  [33.] 31. "Ultimate user" means a  person  who  lawfully  obtains  and
possesses  a controlled substance for his own use or the use by a member
of his household or for an animal owned by him or  in  his  custody.  It
shall  also mean and include a person designated, by a practitioner on a
prescription, to obtain such substance on behalf of the patient for whom
such substance is intended.
  [34.] 32. "Internet"  means  collectively  computer  and  telecommuni-
cations facilities which comprise the worldwide network of networks that
employ  a set of industry standards and protocols, or any predecessor or
successor protocol to such protocol,  to  exchange  information  of  all
kinds.  "Internet,"  as  used  in  this  article,  also  includes  other
networks, whether private or public, used  to  transmit  information  by
electronic means.
  [35.]  33.  "By  means  of  the  internet"  means  any sale, delivery,
distribution, or dispensing of a  controlled  substance  that  uses  the
internet,  is initiated by use of the internet or causes the internet to
be used.
  [36.] 34. "Online dispenser" means a practitioner, pharmacy, or person
in the United States that sells, delivers or  dispenses,  or  offers  to
sell,  deliver,  or  dispense,  a  controlled  substance by means of the
internet.
  [37.] 35. "Electronic prescription" means a prescription  issued  with
an  electronic  signature and transmitted by electronic means in accord-
ance with regulations of the commissioner and the commissioner of educa-
tion and consistent with federal requirements. A prescription  generated
on an electronic system that is printed out or transmitted via facsimile
is  not  considered  an  electronic  prescription  and  must be manually
signed.
  [38.] 36. "Electronic" means of or relating to technology having elec-
trical, digital, magnetic, wireless, optical, electromagnetic or similar
capabilities. "Electronic" shall not include facsimile.

A. 3089--A                          6

  [39.] 37.  "Electronic  record"  means  a  paperless  record  that  is
created,  generated,  transmitted,  communicated,  received or stored by
means of electronic equipment and includes the preservation,  retrieval,
use  and  disposition in accordance with regulations of the commissioner
and the commissioner of education and in compliance with federal law and
regulations.
  [40.] 38. "Electronic signature" means an electronic sound, symbol, or
process,  attached  to or logically associated with an electronic record
and executed or adopted by a person with the intent to sign the  record,
in  accordance with regulations of the commissioner and the commissioner
of education.
  [41.] 39. "Registry" or  "prescription  monitoring  program  registry"
means  the prescription monitoring program registry established pursuant
to section thirty-three hundred forty-three-a of this article.
  [42.] 40. "Compounding" means the combining, admixing, mixing,  dilut-
ing,  pooling,  reconstituting,  or otherwise altering of a drug or bulk
drug substance to create a drug with respect to an outsourcing  facility
under  section  503B  of  the  federal  Food,  Drug and Cosmetic Act and
further defined in this section.
  [43.] 41. "Outsourcing facility" means a facility that:
  (a) is engaged in the compounding  of  sterile  drugs  as  defined  in
section sixty-eight hundred two of the education law;
  (b)  is  currently  registered  as an outsourcing facility pursuant to
article one hundred thirty-seven of the education law; and
  (c) complies with all applicable requirements  of  federal  and  state
law, including the Federal Food, Drug and Cosmetic Act.
  Notwithstanding  any  other  provision of law to the contrary, when an
outsourcing facility distributes or dispenses any  drug  to  any  person
pursuant to a prescription, such outsourcing facility shall be deemed to
be  providing  pharmacy services and shall be subject to all laws, rules
and regulations governing pharmacies and pharmacy services.
  S 4. Paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,  23,  24,  25,
26,  27,  28,  29,  30,  31  and  32 of subdivision (d) of schedule I of
section 3306 of the public health law, paragraphs 13, 14,  15,  16,  17,
18,  19,  20,  21,  22, 23 and 24 as added by chapter 664 of the laws of
1985, paragraphs 25, 26, 27, 28, 29 and 30 as added by  chapter  589  of
the laws of 1996 and paragraphs 31 and 32 as added by chapter 457 of the
laws of 2006, are amended to read as follows:
  (13) [Marihuana.
  (14)] Mescaline.
  [(15)] (14)  Parahexyl.  Some trade or other names: 3-Hexyl-1-hydroxy-
7,8,9,10-tetra hydro-6,6,9-trimethyl-6H-dibenfo{b,d} pyran.
  [(16)] (15) Peyote. Meaning all parts of the plant  presently  classi-
fied  botanically  as  Lophophora williamsii Lemaire, whether growing or
not, the seeds thereof, any extract from any part  of  such  plant,  and
every  compound, manufacture, salts, derivative, mixture, or preparation
of such plant, its seeds or extracts.
  [(17)] (16) N-ethyl-3-piperidyl benzilate.
  [(18)] (17) N-methyl-3-piperidyl benzilate.
  [(19)] (18) Psilocybin.
  [(20)] (19) Psilocyn.
  [(21)] (20) Tetrahydrocannabinols. Synthetic TETRAHYDROCANNABINOLS NOT
DERIVED FROM THE CANNABIS PLANT THAT ARE equivalents of  the  substances
contained  in the plant, or in the resinous extractives of cannabis, sp.
and/or synthetic substances, derivatives, and their isomers with similar
chemical structure and pharmacological activity such as the following:

A. 3089--A                          7

  /\1 cis or trans tetrahydrocannabinol, and their optical isomers
  /\6 cis or trans tetrahydrocannabinol, and their optical isomers
  /\3,  4  cis  or  trans  tetrahydrocannabinol, and its optical isomers
(since nomenclature of these substances is not internationally standard-
ized, compounds of these structures, regardless of numerical designation
of atomic positions covered).
  [(22)] (21) Ethylamine analog of phencyclidine. Some  trade  or  other
names:    N-ethyl-1-phenylcyclohexylamine,  (1-phenylcyclohexyl) ethyla-
mine, N-(1-phenylcyclohexyl) ethylamine cyclohexamine, PCE.
  [(23)] (22) Pyrrolidine analog of phencyclidine. Some trade  or  other
names 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy, PHP.
  [(24)]  (23)  Thiophene  analog  of phencyclidine. Some trade or other
names:    1-{1-(2-thienyl)-cyclohexyl}-piperidine,  2-thienylanalog   of
phencyclidine, TPCP, TCP.
  [(25)] (24) 3,4-methylenedioxymethamphetamine (MDMA).
  [(26)]   (25) 3,4-methylendioxy-N-ethylamphetamine   (also   known  as
N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine,  N-ethyl  MDA,
MDE, MDEA.
  [(27)] (26)  N-hydroxy-3,4-methylenedioxyamphetamine  (also  known  as
N-hydroxy-alpha-methyl-3,4    (methylenedioxy)    phenethylamine,    and
N-hydroxy MDA.
  [(28)] (27)  1-{1- (2-thienyl)  cyclohexyl}  pyrrolidine.  Some  other
names: TCPY.
  [(29)] (28)  Alpha-ethyltryptamine.  Some  trade   or   other   names:
etryptamine;         Monase;         Alpha-ethyl-1H-indole-3-ethanamine;
3- (2-aminobutyl) indole; Alpha-ET or AET.
  [(30)] (29)  2,5-dimethoxy-4-ethylamphetamine.  Some  trade  or  other
names: DOET.
  [(31)] (30)  4-Bromo-2,5-dimethoxyphenethylamine.  Some trade or other
names:  2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;   alpha-desmethyl
DOB; 2C-B, Nexus.
  [(32)] (31) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its
optical isomers, salts and salts of isomers.
  S 5. Section 3382 of the public health law, as added by chapter 878 of
the laws of 1972, is amended to read as follows:
  S  3382. Growing of the plant known as Cannabis by unlicensed persons.
A person who, without being licensed so to do under this article,  grows
the  plant  of  the genus Cannabis or knowingly allows it to grow on his
land without  destroying  the  same,  shall  be  guilty  of  a  class  A
misdemeanor.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A PERSON
EIGHTEEN  YEARS  OF  AGE OR OLDER WHO POSSESSES, GROWS, OR TRANSPORTS NO
MORE THAN SIX MARIHUANA  PLANTS,  WITH  THREE  OR  FEWER  BEING  MATURE,
FLOWERING  PLANTS,  PROVIDED  THAT  THE PLANTS ARE GROWN IN AN ENCLOSED,
LOCKED SPACE, NOT OPENLY OR PUBLICLY, AND  THAT  THE  MARIHUANA  IS  NOT
SOLD.
  S  6.  Subdivision  1  of  section 3397-b of the public health law, as
added by chapter 810 of the laws of 1980, is amended to read as follows:
  1. ["Marijuana"] "MARIHUANA" means [marijuana] MARIHUANA as defined in
[section thirty-three hundred two of this chapter]  SUBDIVISION  SIX  OF
SECTION   220.00   OF   THE   PENAL   LAW   and   shall   also   include
tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinol.
  S 7. Section 114-a of the vehicle and traffic law, as added by chapter
163 of the laws of 1973, is amended to read as follows:
  S 114-a. Drug. The term "drug" when used in this  chapter,  means  and
includes any substance listed in section thirty-three hundred six of the

A. 3089--A                          8

public  health law AND MARIHUANA AND CONCENTRATED CANNABIS AS DEFINED IN
SECTION 220.00 OF THE PENAL LAW.
  S  8.  Subdivisions  5,  6  and  9 of section 220.00 of the penal law,
subdivision 5 as amended by chapter 537 of the laws of 1998, subdivision
6 as amended by chapter 1051 of the laws of 1973 and  subdivision  9  as
amended by chapter 664 of the laws of 1985, are amended and a new subdi-
vision 21 is added to read as follows:
  5.  "Controlled  substance"  means any substance listed in schedule I,
II, III, IV or V of section  thirty-three  hundred  six  of  the  public
health  law other than marihuana, but including concentrated cannabis as
defined in [paragraph (a) of subdivision four  of  section  thirty-three
hundred two of such law] SUBDIVISION TWENTY-ONE OF THIS SECTION.
  6.  "Marihuana" means ["marihuana" or "concentrated cannabis" as those
terms are defined in section thirty-three  hundred  two  of  the  public
health  law] ALL PARTS OF THE PLANT OF THE GENUS CANNABIS, WHETHER GROW-
ING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY PART OF  THE
PLANT;  AND  EVERY  COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR
PREPARATION OF THE PLANT, ITS SEEDS OR RESIN.  IT DOES NOT  INCLUDE  THE
MATURE  STALKS OF THE PLANT, FIBER PRODUCED FROM THE STALKS, OIL OR CAKE
MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANUFACTURE, SALT,
DERIVATIVE, MIXTURE, OR PREPARATION OF THE  MATURE  STALKS  (EXCEPT  THE
RESIN  EXTRACTED THEREFROM), FIBER, OIL, OR CAKE, OR THE STERILIZED SEED
OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT DOES NOT INCLUDE  ALL
PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING OR NOT, HAVING NO
MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNABINOL (THC).
  9.  "Hallucinogen"  means  any controlled substance listed in schedule
I(d) (5), [(18), (19), (20), (21) and (22)] (17), (18), (19),  (20)  AND
(21).
  21. "CONCENTRATED CANNABIS" MEANS:
  (A)  THE  SEPARATED  RESIN, WHETHER CRUDE OR PURIFIED, OBTAINED FROM A
PLANT OF THE GENUS CANNABIS; OR
  (B) A MATERIAL, PREPARATION,  MIXTURE,  COMPOUND  OR  OTHER  SUBSTANCE
WHICH  CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDRO-
CANNABINOL, OR ITS ISOMER, DELTA-8  DIBENZOPYRAN  NUMBERING  SYSTEM,  OR
DELTA-1  TETRAHYDROCANNABINOL  OR  ITS  ISOMER,  DELTA 1 (6) MONOTERPENE
NUMBERING SYSTEM.
  S 9.  Subdivision 4 of section 220.06 of the penal law, as amended  by
chapter 537 of the laws of 1998, is amended to read as follows:
  4.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing concentrated cannabis as defined in [paragraph (a) of  subdi-
vision  four  of  section  thirty-three hundred two of the public health
law] SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE  and  said
preparations,  compounds,  mixtures  or  substances  are of an aggregate
weight of one-fourth ounce or more; or
  S 10. Subdivision 10 of section 220.09 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
  10. one  or  more  preparations,  compounds,  mixtures  or  substances
containing  concentrated cannabis as defined in [paragraph (a) of subdi-
vision four of section thirty-three hundred two  of  the  public  health
law]  SUBDIVISION  TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE and said
preparations, compounds, mixtures or  substances  are  of  an  aggregate
weight of one ounce or more; or
  S  11. Subdivision 3 of section 220.34 of the penal law, as amended by
chapter 537 of the laws of 1998, is amended to read as follows:

A. 3089--A                          9

  3. concentrated cannabis as defined in [paragraph (a)  of  subdivision
four  of  section  thirty-three  hundred  two  of the public health law]
SUBDIVISION TWENTY-ONE OF SECTION 220.00 OF THIS ARTICLE; or
  S  12.  Section  220.50 of the penal law, as amended by chapter 627 of
the laws of 1990, is amended to read as follows:
S 220.50 Criminally using drug paraphernalia in the second degree.
  A person is guilty of  criminally  using  drug  paraphernalia  in  the
second degree when he knowingly possesses or sells:
  1.  Diluents,  dilutants or adulterants, including but not limited to,
any of the following: quinine hydrochloride, mannitol, mannite,  lactose
or  dextrose,  adapted  for the dilution of narcotic drugs or stimulants
under circumstances evincing an intent to use,  or  under  circumstances
evincing  knowledge  that  some  person  intends  to  use,  the same for
purposes of unlawfully mixing, compounding, or otherwise  preparing  any
narcotic  drug or stimulant, OTHER THAN MARIHUANA OR CONCENTRATED CANNA-
BIS; or
  2. Gelatine capsules, glassine envelopes, vials, capsules or any other
material suitable for the packaging of individual quantities of narcotic
drugs or stimulants under circumstances evincing an intent  to  use,  or
under  circumstances evincing knowledge that some person intends to use,
the same for the  purpose  of  unlawfully  manufacturing,  packaging  or
dispensing  of  any  narcotic drug or stimulant, OTHER THAN MARIHUANA OR
CONCENTRATED CANNABIS; or
  3. Scales and balances used or designed for the purpose of weighing or
measuring controlled substances, under circumstances evincing an  intent
to  use,  or  under  circumstances  evincing  knowledge that some person
intends to use, the same for purpose of unlawfully manufacturing,  pack-
aging  or dispensing of any narcotic drug or stimulant, OTHER THAN MARI-
HUANA OR CONCENTRATED CANNABIS.
  Criminally using drug paraphernalia in the second degree is a class  A
misdemeanor.
  S  13. Section 221.05 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
S 221.05 Unlawful possession of marihuana.
  A person is guilty of unlawful possession of marihuana when  he  know-
ingly and unlawfully possesses [marihuana]:
  1. MARIHUANA AND IS LESS THAN EIGHTEEN YEARS OF AGE; OR
  2.  MARIHUANA  IN A PUBLIC PLACE, AS DEFINED IN SECTION 240.00 OF THIS
PART, AND SUCH MARIHUANA IS BURNING.
  Unlawful possession of marihuana is a violation punishable only  by  a
fine  of not more than one hundred dollars. However, where the defendant
has previously been convicted of an offense defined in this  article  or
article  [220]  TWO  HUNDRED  TWENTY  of this [chapter] TITLE, committed
within the three years immediately preceding such violation, it shall be
punishable (a) only by a fine of not more than two hundred  dollars,  if
the  defendant  was  previously  convicted of one such offense committed
during such period, and (b) by a fine of not more than two hundred fifty
dollars or a term of imprisonment not in excess of fifteen days or both,
if the defendant was previously convicted of two such offenses committed
during such period.
  S 14. Section 221.15 of the penal law, as amended by  chapter  265  of
the  laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
S 221.15 Criminal possession of marihuana in the [fourth] SECOND degree.
  A person is guilty of criminal possession of marihuana in the [fourth]
SECOND degree when he knowingly and unlawfully possesses  [one  or  more

A. 3089--A                         10

preparations, compounds, mixtures or substances containing marihuana and
the  preparations, compounds, mixtures or substances are of an aggregate
weight of] more than two ounces OF MARIHUANA, MORE THAN  SIXTEEN  OUNCES
FOR  ANY  MIXTURES  OR SUBSTANCES CONTAINING MARIHUANA IN SOLID FORM, OR
MORE THAN SEVENTY-TWO OUNCES FOR ANY MIXTURES OR  SUBSTANCES  CONTAINING
MARIHUANA  IN  LIQUID  FORM,  OR  MORE  THAN  ONE-FOURTH OF ONE OUNCE OF
CONCENTRATED CANNABIS.
  Criminal possession of marihuana in the [fourth] SECOND  degree  is  a
class [A] B misdemeanor.
  S  15.  Section  221.20 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of  the
laws of 1995, is amended to read as follows:
S 221.20 Criminal possession of marihuana in the [third] FIRST degree.
  A  person is guilty of criminal possession of marihuana in the [third]
FIRST degree when he knowingly and unlawfully  possesses  [one  or  more
preparations, compounds, mixtures or substances containing marihuana and
the  preparations, compounds, mixtures or substances are of an aggregate
weight of] more than eight ounces OF  MARIHUANA,  MORE  THAN  SIXTY-FOUR
OUNCES  FOR  ANY  MIXTURES  OR  SUBSTANCES CONTAINING MARIHUANA IN SOLID
FORM, OR MORE THAN TWO GALLONS FOR ANY MIXTURES OR SUBSTANCES CONTAINING
MARIHUANA IN LIQUID FORM, OR MORE THAN ONE OUNCE OF CONCENTRATED  CANNA-
BIS.
  Criminal  possession  of  marihuana  in  the [third] FIRST degree is a
class [E felony] A MISDEMEANOR.
  S 16. Sections  221.10,  221.25  and  221.30  of  the  penal  law  are
REPEALED.
  S  17. The penal law is amended by adding a new section 221.25 to read
as follows:
S 221.25 HOME CULTIVATION OF MARIHUANA EXCEPTION.
  THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO  A  PERSON  EIGHTEEN
YEARS  OF  AGE OR OLDER WHO POSSESSES, GROWS, OR TRANSPORTS NO MORE THAN
SIX MARIHUANA PLANTS,  WITH  THREE  OR  FEWER  BEING  MATURE,  FLOWERING
PLANTS, PROVIDED THAT THE PLANTS ARE GROWN IN AN ENCLOSED, LOCKED SPACE,
NOT OPENLY OR PUBLICLY, AND THAT THE MARIHUANA IS NOT SOLD.
  S  18.  Section  221.35 of the penal law, as amended by chapter 265 of
the laws of 1979, the opening paragraph as amended by chapter 75 of  the
laws of 1995, is amended to read as follows:
S 221.35 Criminal sale of marihuana in the [fifth] THIRD degree.
  A person LESS THAN EIGHTEEN YEARS OF AGE is guilty of criminal sale of
marihuana  in  the [fifth] THIRD degree when he knowingly and unlawfully
sells, without  consideration,  one  or  more  preparations,  compounds,
mixtures  or  substances  containing  marihuana  and  the  preparations,
compounds, mixtures or substances are of  an  aggregate  weight  of  two
grams or less; or one cigarette containing marihuana.
  Criminal  sale  of  marihuana in the [fifth] THIRD degree is a class B
misdemeanor.
  S 19. Section 221.40 of the penal law, as added by chapter 360 of  the
laws of 1977, is amended to read as follows:
S 221.40 Criminal sale of marihuana in the [fourth] SECOND degree.
  A  person  is  guilty  of  criminal  sale of marihuana in the [fourth]
SECOND degree when he  knowingly  and  unlawfully  sells  marihuana  FOR
CONSIDERATION except as provided in section 221.35 of this article.
  Criminal  sale of marihuana in the [fourth] SECOND degree is a class A
misdemeanor.

A. 3089--A                         11

  S 20. Section 221.45 of the penal law, as amended by  chapter  265  of
the  laws of 1979, the opening paragraph as amended by chapter 75 of the
laws of 1995, is amended to read as follows:
S 221.45 Criminal sale of marihuana in the [third] FIRST degree.
  A  person is guilty of criminal sale of marihuana in the [third] FIRST
degree when he knowingly and unlawfully sells [one or more preparations,
compounds, mixtures or substances containing marihuana and the  prepara-
tions,  compounds,  mixtures or substances are of an aggregate weight of
more than twenty-five grams] TWO OUNCES OF MARIHUANA, MORE THAN  SIXTEEN
OUNCES  FOR  ANY  MIXTURES  OR  SUBSTANCES CONTAINING MARIHUANA IN SOLID
FORM, OR MORE THAN SEVENTY-TWO OUNCES FOR  ANY  MIXTURES  OR  SUBSTANCES
CONTAINING  MARIHUANA  IN  LIQUID  FORM,  OR MORE THAN ONE-FOURTH OF ONE
OUNCE OF CONCENTRATED CANNABIS.
  Criminal sale of marihuana in the [third] FIRST degree is  a  class  E
felony.
  S 21. Sections 221.50 and 221.55 of the penal law are REPEALED.
  S  22. The penal law is amended by adding a new section 221.60 to read
as follows:
S 221.60 LICENSING OF MARIHUANA PRODUCTION AND DISTRIBUTION.
  THE PROVISIONS OF THIS ARTICLE AND OF ARTICLE TWO  HUNDRED  TWENTY  OF
THIS  TITLE  SHALL NOT APPLY TO ANY PERSON EXEMPTED FROM CRIMINAL PENAL-
TIES PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR POSSESSING,  MANUFAC-
TURING, TRANSPORTING, DISTRIBUTING, SELLING OR TRANSFERRING MARIHUANA OR
CONCENTRATED CANNABIS, OR ENGAGED IN ANY OTHER ACTION THAT IS IN COMPLI-
ANCE WITH ARTICLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
  S  23.  Subdivision  8  of section 1399-n of the public health law, as
amended by chapter 13 of the  laws  of  2003,  is  amended  to  read  as
follows:
  8.  "Smoking" means the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains tobacco OR MARIHUANA.
  S 24. Section 2 of the alcoholic beverage control law, as  amended  by
chapter 111 of the laws of 1978, is amended to read as follows:
  S 2. Policy of state and purpose of chapter.  It is hereby declared as
the policy of the state that it is necessary to regulate and control the
manufacture,  sale and distribution within the state of alcoholic bever-
ages AND MARIHUANA PRODUCTS for the purpose of fostering  and  promoting
temperance in their consumption and respect for and obedience to law. It
is hereby declared that such policy will best be carried out by empower-
ing  the  liquor  authority  of  the  state  to determine whether public
convenience and advantage will be promoted by the issuance  of  licenses
to  traffic  in alcoholic beverages AND MARIHUANA PRODUCTS, the increase
or decrease in the number thereof and the location of premises  licensed
thereby,  subject  only  to  the  right  of  judicial review hereinafter
provided for. It is the purpose of this chapter to carry out that policy
in the public interest. The  restrictions,  regulations  and  provisions
contained  in  this  chapter  are  enacted  by  the  legislature for the
protection, health, welfare and safety of the people of the state.
  S 25. Section 2 of the alcoholic beverage control law, as  amended  by
chapter 406 of the laws of 2014, is amended to read as follows:
  S  2. Policy of state and purpose of chapter. It is hereby declared as
the policy of the state that it is necessary to regulate and control the
manufacture, sale and distribution within the state of alcoholic  bever-
ages  AND  MARIHUANA PRODUCTS for the purpose of fostering and promoting
temperance in their consumption and respect for and  obedience  to  law;
for  the  primary purpose of promoting the health, welfare and safety of
the people of the state, promoting  temperance  in  the  consumption  of

A. 3089--A                         12

alcoholic beverages AND MARIHUANA PRODUCTS; and, to the extent possible,
supporting  economic  growth, job development, and the state's alcoholic
beverage production industries and its tourism and recreation  industry;
and  which  promotes  the conservation and enhancement of state agricul-
tural lands; provided that such activities  do  not  conflict  with  the
primary  regulatory  objectives  of  this chapter. It is hereby declared
that such policies will best be carried out  by  empowering  the  liquor
authority  of  the  state  to  determine  whether public convenience and
advantage will be promoted by the issuance of  licenses  to  traffic  in
alcoholic  beverages AND MARIHUANA PRODUCTS, the increase or decrease in
the number thereof  and  the  location  of  premises  licensed  thereby,
subject  only to the right of judicial review provided for in this chap-
ter. It is the purpose of this chapter to carry out  these  policies  in
the public interest.
  S 26. Subdivisions 20-a, 20-b, 20-c, 20-d and 20-e of section 3 of the
alcoholic  beverage  control law are renumbered subdivisions 20-j, 20-k,
20-l, 20-m and 20-n and ten new  subdivisions  7-e,  20-a,  20-b,  20-c,
20-d, 20-e, 20-f, 20-g, 20-h and 20-i are added to read as follows:
  7-E.  "CONCENTRATED  CANNABIS" MEANS: (A) THE SEPARATED RESIN, WHETHER
CRUDE OR PURIFIED, OBTAINED FROM A PLANT OF THE GENUS CANNABIS; OR
  (B) A MATERIAL, PREPARATION,  MIXTURE,  COMPOUND  OR  OTHER  SUBSTANCE
WHICH  CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDRO-
CANNABINOL, OR ITS ISOMER, DELTA-8  DIBENZOPYRAN  NUMBERING  SYSTEM,  OR
DELTA-1  TETRAHYDROCANNABINOL  OR  ITS  ISOMER,  DELTA 1 (6) MONOTERPENE
NUMBERING SYSTEM.
  20-A. "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF THE GENUS  CANNABIS,
WHETHER  GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY
PART OF THE PLANT; AND EVERY COMPOUND,  MANUFACTURE,  SALT,  DERIVATIVE,
MIXTURE,  OR  PREPARATION  OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT
INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE  STALKS,
OIL  OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-
FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE  STALKS
(EXCEPT  THE  RESIN  EXTRACTED  THEREFROM),  FIBER, OIL, OR CAKE, OR THE
STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT  DOES
NOT  INCLUDE  ALL PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING
OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-
BINOL (THC).
  20-B. "MARIHUANA CONSUMER" MEANS A PERSON TWENTY-ONE YEARS OF  AGE  OR
OLDER  WHO PURCHASES MARIHUANA OR MARIHUANA PRODUCTS FOR PERSONAL USE BY
PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.
  20-C. "MARIHUANA PROCESSOR" MEANS A PERSON LICENSED BY  THE  AUTHORITY
TO  PURCHASE  MARIHUANA AND CONCENTRATED CANNABIS FROM MARIHUANA PRODUC-
ERS, TO PROCESS MARIHUANA, CONCENTRATED CANNABIS, AND MARIHUANA  INFUSED
PRODUCTS,  PACKAGE  AND LABEL MARIHUANA, CONCENTRATED CANNABIS AND MARI-
HUANA INFUSED PRODUCTS FOR SALE IN RETAIL OUTLETS, AND  SELL  MARIHUANA,
CONCENTRATED  CANNABIS  AND  MARIHUANA  INFUSED PRODUCTS AT WHOLESALE TO
MARIHUANA RETAILERS.
  20-D. "MARIHUANA PRODUCER" MEANS A PERSON LICENSED BY THE AUTHORITY TO
PRODUCE, PROCESS, AND SELL MARIHUANA AND CONCENTRATED CANNABIS AT WHOLE-
SALE TO MARIHUANA PROCESSORS, MARIHUANA RETAILERS,  OR  OTHER  MARIHUANA
PRODUCERS, BUT NOT TO CONSUMERS.
  20-E. "MARIHUANA PRODUCTS" MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA-INFUSED PRODUCTS.
  20-F.  "MARIHUANA-INFUSED  PRODUCTS" MEANS PRODUCTS THAT CONTAIN MARI-
HUANA, MARIHUANA EXTRACTS, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR

A. 3089--A                         13

HUMAN USE OR CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE  PRODUCTS,
OINTMENTS, AND TINCTURES.
  20-G. "MARIHUANA RETAILER" MEANS A PERSON LICENSED BY THE AUTHORITY TO
PURCHASE   MARIHUANA,   CONCENTRATED   CANNABIS,  AND  MARIHUANA-INFUSED
PRODUCTS FROM MARIHUANA PRODUCERS  AND  MARIHUANA  PROCESSORS  AND  SELL
MARIHUANA,  MARIHUANA  INFUSED  PRODUCTS, AND CONCENTRATED CANNABIS IN A
RETAIL OUTLET.
  20-H. "MARIHUANA RETAILER FOR ON-PREMISES CONSUMPTION" MEANS A  PERSON
LICENSED  BY THE AUTHORITY TO PURCHASE MARIHUANA, CONCENTRATED CANNABIS,
AND MARIHUANA  INFUSED  PRODUCTS  FROM  MARIHUANA  PRODUCERS,  MARIHUANA
RETAILERS,  AND  MARIHUANA  PROCESSORS AND SELL MARIHUANA PRODUCTS FOR A
CUSTOMER TO CONSUME WHILE THE CUSTOMER IS WITHIN A FACILITY.
  20-I. "UNREASONABLY IMPRACTICABLE" MEANS THAT THE  MEASURES  NECESSARY
TO  COMPLY  WITH THE REGULATIONS REQUIRE SUCH A HIGH INVESTMENT OF RISK,
MONEY, TIME OR OTHER RESOURCE OR ASSET THAT THE OPERATION OF A MARIHUANA
ESTABLISHMENT IS NOT WORTHY OF BEING CARRIED OUT BY A REASONABLY PRUDENT
BUSINESSPERSON.
  S 27. Section 65-b of the alcoholic beverage control law,  as  amended
by  chapter  519 of the laws of 1999, paragraphs (b) and (c) of subdivi-
sion 3 as amended by chapter 257 of the laws of  2013  and  the  opening
paragraph  of  subdivision  6  as  amended by chapter 503 of the laws of
2000, is amended to read as follows:
  S 65-b. Offense for one under age of twenty-one years to  purchase  or
attempt  to purchase an alcoholic beverage OR MARIHUANA PRODUCTS through
fraudulent means. 1.  As used in this section: (a) "A device capable  of
deciphering  any  electronically readable format" or "device" shall mean
any commercial device or combination of devices used at a point of  sale
or  entry  that  is  capable  of  reading the information encoded on the
magnetic strip or bar code of a driver's license or non-driver identifi-
cation card issued by the commissioner of motor vehicles;
  (b) "Card holder" means any person presenting a  driver's  license  or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter; and
  (c) "Transaction scan" means the process involving a device capable of
deciphering  any  electronically readable format by which a licensee, or
agent or employee of a licensee under this chapter  reviews  a  driver's
license  or  non-driver  identification card presented as a precondition
for the purchase of an  alcoholic  beverage  OR  MARIHUANA  PRODUCTS  as
required  by  subdivision  two  of this section or as a precondition for
admission to an establishment licensed for the on-premises sale of alco-
holic beverages OR MARIHUANA PRODUCTS where admission is  restricted  to
persons twenty-one years or older.
  2.  (a)  No  person under the age of twenty-one years shall present or
offer to any licensee under this chapter, or to the agent or employee of
such licensee, any written evidence of age which is false, fraudulent or
not actually his OR HER own, for the purpose of purchasing or attempting
to purchase any alcoholic beverage OR MARIHUANA PRODUCTS.
  (b) No licensee, or agent or employee of such licensee shall accept as
written evidence of age by any such person for the purchase of any alco-
holic beverage OR MARIHUANA PRODUCTS, any documentation other than:  (i)
a valid driver's license or non-driver identification card issued by the
commissioner  of  motor  vehicles,  the  federal  government, any United
States territory, commonwealth or possession, the District of  Columbia,
a  state  government within the United States or a provincial government
of the dominion of Canada, or (ii) a valid passport issued by the United
States government or any other country, or (iii) an identification  card

A. 3089--A                         14

issued  by  the armed forces of the United States. Upon the presentation
of such driver's license or non-driver identification card issued  by  a
governmental  entity,  such  licensee  or  agent or employee thereof may
perform a transaction scan as a precondition to the sale of any alcohol-
ic  beverage. Nothing in this section shall prohibit a licensee or agent
or employee from performing such a transaction scan on any of the  other
documents  listed  in  this  subdivision if such documents include a bar
code or magnetic strip that [that] may be scanned by a device capable of
deciphering any electronically readable format.
  (c) In instances where the information deciphered by  the  transaction
scan  fails  to match the information printed on the driver's license or
non-driver identification card presented by the card holder, or  if  the
transaction  scan indicates that the information is false or fraudulent,
the attempted purchase of the alcoholic beverage OR  MARIHUANA  PRODUCTS
shall be denied.
  3.  A  person violating the provisions of paragraph (a) of subdivision
two of this section  shall  be  guilty  of  a  violation  and  shall  be
sentenced in accordance with the following:
  (a)  For a first violation, the court shall order payment of a fine of
not more than one hundred dollars and/or an appropriate amount of commu-
nity service not to exceed thirty hours.  In  addition,  the  court  may
order completion of an alcohol awareness program established pursuant to
section  19.25  of  the  mental  hygiene  law  OR  A MARIHUANA AWARENESS
PROGRAM.
  (b) For a second violation, the court shall order payment of a fine of
not less than fifty dollars nor more than three  hundred  fifty  dollars
and/or  an  appropriate  amount of community service not to exceed sixty
hours. The court also shall order completion of an alcohol OR  MARIHUANA
awareness  program as referenced in paragraph (a) of this subdivision if
such program has not previously been completed by the  offender,  unless
the court determines that attendance at such program is not feasible due
to  the  lack  of availability of such program within a reasonably close
proximity to the locality in which the offender resides or matriculates,
as appropriate.
  (c) For third and subsequent violations, the court shall order payment
of a fine of not less than fifty dollars nor  more  than  seven  hundred
fifty  dollars  and/or an appropriate amount of community service not to
exceed ninety hours. The court also shall order that such person  submit
to  an  evaluation by an appropriate agency certified or licensed by the
office of alcoholism and substance abuse services to  determine  whether
the person suffers from the disease of alcoholism or alcohol OR MARIHUA-
NA  abuse,  unless  the  court  determines  that under the circumstances
presented such an evaluation is not necessary, in which case  the  court
shall  state on the record the basis for such determination. Payment for
such evaluation shall be made by such person. If, based on  such  evalu-
ation,  a  need  for  treatment  is indicated, such person may choose to
participate in a treatment plan developed  by  an  agency  certified  or
licensed  by  the  office of alcoholism and substance abuse services. If
such person elects to participate in recommended  treatment,  the  court
shall order that payment of such fine and community service be suspended
pending the completion of such treatment.
  (d)  Evaluation  procedures.  For  purposes  of  this subdivision, the
following shall apply:
  (i) The contents of an evaluation pursuant to paragraph  (c)  of  this
subdivision  shall  be  used for the sole purpose of determining if such

A. 3089--A                         15

person suffers from the disease of alcoholism or  alcohol  OR  MARIHUANA
abuse.
  (ii)  The  agency  designated  by the court to perform such evaluation
shall conduct the evaluation and return the results to the court  within
thirty  days,  subject to any state or federal confidentiality law, rule
or regulation governing the confidentiality  of  alcohol  and  substance
abuse treatment records.
  (iii) The office of alcoholism and substance abuse services shall make
available  to  each  supreme  court law library in this state, or, if no
supreme court law library is available in a certain county, to the coun-
ty court law library of such county, a list  of  agencies  certified  to
perform  evaluations  as required by subdivision (f) of section 19.07 of
the mental hygiene law.
  (iv) All evaluations required under this subdivision shall be in writ-
ing and the person so evaluated or his or her counsel  shall  receive  a
copy of such evaluation prior to its use by the court.
  (v)  A minor evaluated under this subdivision shall have, and shall be
informed by the court of, the right to obtain a second opinion regarding
his or her need for alcoholism OR SUBSTANCE ABUSE treatment.
  4. A person violating the provisions of paragraph (b)  of  subdivision
two  of this section shall be guilty of a violation punishable by a fine
of not more than one hundred dollars, and/or an  appropriate  amount  of
community service not to exceed thirty hours. In addition, the court may
order  completion  of  an  alcohol OR SUBSTANCE ABUSE training awareness
program established pursuant to subdivision twelve of section  seventeen
of  this chapter where such program is located within a reasonably close
proximity to the locality in which the offender is employed or resides.
  5. No determination of guilt pursuant to this section shall operate as
a disqualification of  any  such  person  subsequently  to  hold  public
office,  public employment, or as a forfeiture of any right or privilege
or to receive any license granted  by  public  authority;  and  no  such
person shall be denominated a criminal by reason of such determination.
  6.  In  addition  to  the  penalties otherwise provided in subdivision
three of this section, if a determination is made sustaining a charge of
illegally purchasing or attempting to illegally  purchase  an  alcoholic
beverage  OR  MARIHUANA  PRODUCTS,  the  court may suspend such person's
license to drive a motor vehicle and  the  privilege  of  an  unlicensed
person  of  obtaining such license, in accordance with the following and
for the following periods, if it is found that a  driver's  license  was
used  for  the  purpose of such illegal purchase or attempt to illegally
purchase; provided, however, that where a person is  sentenced  pursuant
to  paragraph (b) or (c) of subdivision three of this section, the court
shall impose such license suspension if it  is  found  that  a  driver's
license  was used for the purpose of such illegal purchase or attempt to
illegally purchase:
  (a) For a first violation of paragraph (a) of subdivision two of  this
section, a three month suspension.
  (b) For a second violation of paragraph (a) of subdivision two of this
section, a six month suspension.
  (c)  For  a third or subsequent violation of paragraph (a) of subdivi-
sion two of this section, a suspension for one year or until the  holder
reaches the age of twenty-one, whichever is the greater period of time.
  Such  person  may  thereafter apply for and be issued a restricted use
license in accordance with the provisions of section five hundred thirty
of the vehicle and traffic law.

A. 3089--A                         16

  7. (a) In any  proceeding  pursuant  to  subdivision  one  of  section
sixty-five of this article, it shall be an affirmative defense that such
person had produced a driver's license or non-driver identification card
apparently  issued  by a governmental entity, successfully completed the
transaction  scan, and that the alcoholic beverage OR MARIHUANA PRODUCTS
had been sold, delivered or given to such person in reasonable  reliance
upon  such identification and transaction scan. In evaluating the appli-
cability of such affirmative defense, the liquor  authority  shall  take
into  consideration  any  written  policy adopted and implemented by the
seller to carry out the provisions of this chapter. Use of a transaction
scan shall not excuse any licensee  under  this  chapter,  or  agent  or
employee  of  such  licensee,  from the exercise of reasonable diligence
otherwise  required  by  this   section.   Notwithstanding   the   above
provisions,  any such affirmative defense shall not be applicable in any
other civil or criminal proceeding, or in any other forum.
  (b) A licensee or agent or employee of a licensee  may  electronically
or  mechanically  record and maintain only the information from a trans-
action scan necessary to effectuate the purposes of this  section.  Such
information  shall  be  limited to the following: (i) name, (ii) date of
birth, (iii) driver's license or non-driver identification  number,  and
(iv) expiration date. The liquor authority and the state commissioner of
motor  vehicles  shall  jointly  promulgate  any regulation necessary to
govern the recording and maintenance of  these  records  by  a  licensee
under  this chapter. The liquor authority and the commissioner of health
shall jointly promulgate any regulations  necessary  to  ensure  quality
control in the use of transaction scan devices.
  8. A licensee or agent or employee of such licensee shall only use the
information  recorded and maintained through the use of such devices for
the purposes contained in paragraph (a) of  subdivision  seven  of  this
section,  and  shall only use such devices for the purposes contained in
subdivision two of this section. No licensee or agent or employee  of  a
licensee  shall  resell  or  disseminate the information recorded during
such scan to any third person. Such prohibited resale  or  dissemination
includes,  but  is  not limited to, any advertising, marketing or promo-
tional activities. Notwithstanding  the  restrictions  imposed  by  this
subdivision,  such  records  may be released pursuant to a court ordered
subpoena or pursuant to any other statute that  specifically  authorizes
the  release  of  such  information.  Each violation of this subdivision
shall be punishable by a civil penalty of not  more  than  one  thousand
dollars.
  S 28. Section 140 of the alcoholic beverage control law, as amended by
chapter 810 of the laws of 1981, is amended to read as follows:
  S 140. Applicability  of chapter before local option.  Until such time
as it shall become unlawful to sell  alcoholic  beverages  OR  MARIHUANA
PRODUCTS  in  any town or city by the vote of the voters in such town or
city in the manner provided in this article, all of  the  provisions  of
this chapter shall apply throughout the entire state. This article shall
not  apply  to the Whiteface mountain ski center, owned by the state and
located in the town of Wilmington, county of Essex.
  S 29. Section 141 of the alcoholic beverage control law, as amended by
chapter 319 of the laws of 2007, is amended to read as follows:
  S 141. Local option for towns. 1. Not less than sixty  days  nor  more
than  seventy-five days before the general election in any town at which
the submission of the questions hereinafter stated is authorized by this
article, a petition signed by electors of the town to a number amounting
to twenty-five per centum of the votes cast in the town for governor  at

A. 3089--A                         17

the  then  last  preceding  gubernatorial  election, acknowledged by the
signers or authenticated by witnesses as provided in the election law in
respect of a nominating petition,  requesting  the  submission  at  such
election  to  the  electors  of the town of one or more of the following
questions, may be filed with the town clerk:
  Question 1. Tavern alcoholic  beverage  license.  Shall  a  person  be
allowed  to  obtain a license to operate a tavern with a limited-service
menu (sandwiches, salads, soups, etc.) which permits the tavern operator
to sell alcoholic beverages for a customer to drink while  the  customer
is  within the tavern. In addition, unopened containers of beer (such as
six-packs and kegs) may be sold "to go" for the  customer  to  open  and
drink at another location (such as, for example, at his home)?
  Question  2. Restaurant alcoholic beverage license. Shall the operator
of a full-service restaurant  be  allowed  to  obtain  a  license  which
permits  the  restaurant  operator  to  sell  alcoholic  beverages for a
customer to drink while the customer is within the restaurant. In  addi-
tion,  unopened  containers  of beer (such as six-packs and kegs) may be
sold "to go" for the customer to open  and  drink  at  another  location
(such as, for example, at his home)?
  Question  3.  Year-round  hotel  alcoholic beverage license. Shall the
operator of a year-round hotel with a full-service restaurant be allowed
to obtain a license which permits the year-round hotel to sell alcoholic
beverages for a customer to drink  while  the  customer  is  within  the
hotel.  In  addition, unopened containers of beer (such as six-packs and
kegs) may be sold "to go" for the customer to open and drink at  another
location (such as, for example, at his home)?
  Question  4. Summer hotel alcoholic beverage license. Shall the opera-
tor of a summer hotel with a full-service restaurant, open for  business
only  within  the  period from May first to October thirty-first in each
year, be allowed to obtain a license which permits the summer  hotel  to
sell  alcoholic  beverages for a customer to drink while the customer is
within the hotel. In addition, unopened  containers  of  beer  (such  as
six-packs  and  kegs)  may  be sold "to go" for the customer to open and
drink at another location (such as, for example, at his home)?
  Question 5. Retail package liquor  or  wine  store  license.  Shall  a
person  be  allowed  to  obtain  a  license  to operate a retail package
liquor-and-wine or wine-without-liquor store, to sell "to  go"  unopened
bottles  of  liquor or wine to a customer to be taken from the store for
the customer to open and drink at another location (such as,  for  exam-
ple, at his home)?
  Question 6. Off-premises beer and wine cooler license. Shall the oper-
ator  of  a  grocery  store,  drugstore  or supply ship operating in the
harbors of Lake Erie be allowed to obtain a license  which  permits  the
operator  to sell "to go" unopened containers of beer (such as six-packs
and kegs) and wine coolers with not more than 6% alcohol to  a  customer
to be taken from the store for the customer to open and drink at another
location (such as, for example, at his home)?
  Question  7.  Baseball  park,  racetrack,  athletic  field  or stadium
license.  Shall a person be allowed to obtain a  license  which  permits
the sale of beer for a patron's consumption while the patron is within a
baseball  park,  racetrack,  or  other  athletic  field or stadium where
admission fees are charged?
  QUESTION 8. MARIHUANA RETAILER LICENSE. SHALL A PERSON BE  ALLOWED  TO
OBTAIN  A  LICENSE TO OPERATE A RETAIL MARIHUANA STORE, TO SELL UNOPENED
MARIHUANA PRODUCTS TO A CUSTOMER TO BE TAKEN  FROM  THE  STORE  FOR  THE

A. 3089--A                         18

CUSTOMER  TO OPEN AND CONSUME AT ANOTHER LOCATION (SUCH AS, FOR EXAMPLE,
AT HIS HOME)?
  QUESTION  9. ON-PREMISES MARIHUANA RETAILER LICENSE. SHALL A PERSON BE
ALLOWED TO OBTAIN A LICENSE TO OPERATE A FACILITY WHERE THE  SERVICE  OF
FOOD  IS ONLY INCIDENTAL AND PERMITS THE FACILITY OPERATOR TO SELL MARI-
HUANA PRODUCTS FOR A CUSTOMER TO CONSUME WHILE THE  CUSTOMER  IS  WITHIN
THE FACILITY?
  2.  Upon  the due filing of such petition complying with the foregoing
provisions, such questions shall be submitted in accordance therewith.
  3. The town clerk shall, within five days  from  the  filing  of  such
petition  in  his office, prepare and file in the office of the board of
elections, as defined by the election law, of the  county,  a  certified
copy  of such petition. Such questions may be submitted only at the time
of a general election. At least ten days before such  general  election,
the  board of elections shall cause to be printed and posted in at least
four public places in such town, a notice of the fact that  all  of  the
local  option  questions  will be voted on at such general election; and
the said notice shall also be published at least five  days  before  the
vote is to be taken once in a newspaper published in the county in which
such town is situated, which shall be a newspaper published in the town,
if  there  be one. Whenever such questions are to be submitted under the
provisions of this article the board of elections shall cause the proper
ballot labels to be printed and placed on all voting  machines  used  in
the  town  in  which  such  questions  are  to be submitted, in the form
prescribed by the election law in respect of other propositions or ques-
tions, upon the face of which shall be printed in full  the  said  ques-
tions.  Any  elector qualified to vote for state officers shall be enti-
tled to vote upon such local option questions. As soon as  the  election
shall  be  held, a return of the votes cast and counted shall be made as
provided by law and the returns canvassed by the inspectors of election.
If a majority of the votes cast shall be in the negative on all  or  any
of  the  questions, no person shall, after such election, sell alcoholic
beverages OR MARIHUANA PRODUCTS in such town contrary to such vote or to
the provisions of this chapter; provided, however, that  the  result  of
such vote shall not shorten the term for which any license may have been
lawfully  issued under this chapter or affect the rights of the licensee
thereunder; and no person shall after such vote apply for or  receive  a
license  to  sell alcoholic beverages OR MARIHUANA PRODUCTS at retail in
such town contrary to such vote, until,  by  referendum  as  hereinafter
provided for, such sale shall again become lawful.
  S  30.  Subdivision 3 of section 142 of the alcoholic beverage control
law is amended to read as follows:
  3. If a majority of the votes cast shall be in the negative on any  or
all  of  the questions, no person shall, after such election, sell alco-
holic beverages OR MARIHUANA PRODUCTS in such city contrary to such vote
or to the provisions of this chapter; provided, however, that the result
of such vote shall not shorten the term for which any license  may  have
been  lawfully  issued  under  this  chapter or affect the rights of the
licensee thereunder; and no person shall after such vote  apply  for  or
receive  a  license to sell alcoholic beverages OR MARIHUANA PRODUCTS at
retail in such city contrary to such vote, until, by referendum as here-
inafter provided for, such sale shall again become lawful.
  S 31. Subdivision 2 of section 147 of the alcoholic  beverage  control
law is amended to read as follows:
  2.  If  at  the time of any subsequent submission of such questions it
shall be lawful to sell alcoholic beverages OR MARIHUANA PRODUCTS and  a

A. 3089--A                         19

majority  of  the votes cast shall be in the negative on such questions,
then all of the provisions of  this  article  applicable  thereto  shall
become effective.
  S  32. Article 11 and sections 160, 161, 162, 163 and 164 of the alco-
holic beverage control law, article 11 and sections 160,  161,  162  and
163  as  renumbered  by  chapter 725 of the laws of 1954, are renumbered
article 12 and sections 200, 201, 202, 203 and 204.
  S 33. The alcoholic beverage control law is amended by  adding  a  new
article 11 to read as follows:
                                ARTICLE 11
                    PROVISIONS RELATING TO MARIHUANA
SECTION 165. LICENSES ISSUED.
        166. PRODUCERS AND PROCESSORS NOT TO BE INTERESTED IN RETAILERS.
        167. ACTIONS TAKEN PURSUANT TO A VALID LICENSE ARE LAWFUL.
        168. GENERAL PROHIBITIONS AND RESTRICTIONS.
        169. CERTAIN  OFFICIALS  NOT  TO BE INTERESTED IN MANUFACTURE OR
               SALE OF MARIHUANA.
        170. PROVISIONS GOVERNING INITIAL RULEMAKING.
        171. PROVISIONS GOVERNING MARIHUANA PRODUCERS.
        172. PROVISIONS GOVERNING PROCESSORS.
        173. PROVISIONS GOVERNING MARIHUANA RETAILERS.
        174. PROVISIONS GOVERNING MARIHUANA RETAILERS FOR CONSUMPTION ON
               PREMISES.
        175. ADVERTISING AND FORMS OF THE ISSUANCE OF LICENSES.
        176. PACKAGING OF MARIHUANA PRODUCTS.
        177. LABELING OF MARIHUANA PRODUCTS.
        178. RENEWALS OF LICENSES AND PERMITS.
        179. INFORMATION TO BE REQUESTED IN APPLICATIONS FOR LICENSES OR
               PERMITS.
        180. NOTIFICATION TO MUNICIPALITIES.
        181. LICENSES, PUBLICATION, GENERAL PROVISIONS.
        182. REVOCATION OF LICENSES FOR CAUSE.
        183. PROCEDURE FOR REVOCATION OR CANCELLATION.
        184. DECISIONS OF LIQUOR AUTHORITY AND REVIEW BY THE COURTS.
        185. MINORITY AND WOMEN BUSINESS ENTERPRISES.
        186. DISPOSITION OF MONEYS RECEIVED FOR LICENSE FEES.
        187. PERSONS FORBIDDEN TO TRAFFIC IN MARIHUANA.
        188. SURRENDER OF LICENSE; NOTICE TO POLICE OFFICIALS.
        189. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
        190. PROTECTIONS FOR THE USE OF MARIHUANA.
        191. CIVIL PROTECTIONS FOR THE USE OF MARIHUANA.
        192. PROFESSIONAL AND MEDICAL RECORD KEEPING.
  S 165. LICENSES ISSUED. THE  FOLLOWING  KINDS  OF  LICENSES  SHALL  BE
ISSUED BY THE AUTHORITY FOR THE MANUFACTURE AND SALE OF MARIHUANA:
  1. MARIHUANA PRODUCER LICENSE;
  2. MARIHUANA PROCESSOR LICENSE;
  3. MARIHUANA RETAILER LICENSE;
  4. MARIHUANA RETAILER LICENSE FOR CONSUMPTION ON THE PREMISES; AND
  5. ANY OTHER TYPE OF LICENSES ALLOWED BY THE AUTHORITY.
  S  166.  PRODUCERS  AND  PROCESSORS NOT TO BE INTERESTED IN RETAILERS.
NEITHER A LICENSED PRODUCER NOR A LICENSED PROCESSOR SHALL HAVE A DIRECT
OR INDIRECT FINANCIAL INTEREST IN A LICENSED  MARIHUANA  RETAILER  OR  A
MARIHUANA RETAILER LICENSE FOR CONSUMPTION ON THE PREMISES.
  S  167.  ACTIONS  TAKEN  PURSUANT  TO  A  VALID LICENSE ARE LAWFUL. NO
CONTRACTS RELATED TO THE OPERATION OF LICENSES UNDER THIS CHAPTER  SHALL
BE DEEMED UNENFORCEABLE ON THE BASIS THAT THE ACTIONS PERMITTED PURSUANT

A. 3089--A                         20

TO  THE LICENSE ARE PROHIBITED BY FEDERAL LAW. THE FOLLOWING ACTIONS ARE
NOT UNLAWFUL AS PROVIDED UNDER THIS CHAPTER, SHALL  NOT  BE  AN  OFFENSE
UNDER  NEW  YORK  LAW  OR  THE LAWS OF ANY LOCALITY WITHIN NEW YORK, AND
SHALL  NOT  RESULT  IN  ANY CIVIL FINE, SEIZURE, OR FORFEITURE OF ASSETS
AGAINST ANY PERSON ACTING IN ACCORDANCE WITH THIS CHAPTER:
  1. ACTIONS OF A LICENSEE, ITS EMPLOYEES, AND ITS AGENTS, AS  PERMITTED
BY THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE AUTHOR-
ITY, PURSUANT TO A VALID LICENSE ISSUED BY THE AUTHORITY.
  2.  ACTIONS  OF THOSE WHO ALLOW PROPERTY TO BE USED BY A LICENSEE, ITS
EMPLOYEES, AND ITS AGENTS, AS PERMITTED BY THIS CHAPTER  AND  CONSISTENT
WITH RULES AND REGULATIONS OF THE AUTHORITY, PURSUANT TO A VALID LICENSE
ISSUED BY THE AUTHORITY.
  3.  ACTIONS  OF ANY PERSON OR ENTITY, THEIR EMPLOYEES, OR THEIR AGENTS
PROVIDING A SERVICE TO A LICENSEE OR POTENTIAL LICENSEE, AS PERMITTED BY
THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE AUTHORITY,
RELATING TO THE FORMATION OF A BUSINESS.
  4. THE PURCHASE, POSSESSION, OR CONSUMPTION OF MARIHUANA, AS PERMITTED
BY THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE AUTHOR-
ITY, OBTAINED FROM A VALIDLY LICENSED RETAILER.
  S 168. GENERAL PROHIBITIONS AND RESTRICTIONS. 1. NO MARIHUANA PRODUCTS
MAY BE IMPORTED OR EXPORTED INTO NEW YORK STATE BY A LICENSEE FROM OR TO
A JURISDICTION IN WHICH POSSESSION, TRANSPORT, DISTRIBUTION OF MARIHUANA
OR OTHER MARIHUANA RELATED CONDUCT REMAINS ILLEGAL  UNDER  THE  LAWS  OF
THAT JURISDICTION.
  2.  (A) NO PERSON HOLDING ANY LICENSE PURSUANT TO THIS ARTICLE TO GROW
OR PROCESS MARIHUANA MAY EMPLOY ANY PERSON WHO HAS BEEN CONVICTED  OF  A
CLASS  B  VIOLENT  FELONY  OFFENSE,  A CLASS C VIOLENT FELONY OFFENSE, A
CLASS D VIOLENT FELONY OFFENSE, OR A CLASS E VIOLENT FELONY  OFFENSE  AS
DEFINED  BY  SECTION  70.02 OF THE PENAL LAW, UNLESS, SUBSEQUENT TO SUCH
CONVICTION, THE PERSON HAS RECEIVED: (I) AN  EXECUTIVE  PARDON  THEREFOR
REMOVING  ANY CIVIL DISABILITIES INCURRED THEREBY; (II) A CERTIFICATE OF
RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD  CONDUCT  PURSUANT  TO
ARTICLE  TWENTY-THREE  OF  THE  CORRECTION  LAW; (III) OTHER RELIEF FROM
DISABILITIES PROVIDED BY LAW; OR (IV) THE WRITTEN APPROVAL OF THE LIQUOR
AUTHORITY PERMITTING SUCH EMPLOYMENT AS PROVIDED  IN  PARAGRAPH  (B)  OF
THIS SUBDIVISION.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, IF THE LIQUOR  AUTHORITY  ISSUES  ITS  WRITTEN  APPROVAL  FOR  THE
EMPLOYMENT BY A LICENSEE, IN A SPECIFIED CAPACITY, OF A PERSON PREVIOUS-
LY  CONVICTED  OF  A  FELONY  OR ANY OF THE OFFENSES ABOVE ENUMERATED IN
PARAGRAPH (A) OF THIS SUBDIVISION, SUCH PERSON, MAY, UNLESS HE OR SHE IS
SUBSEQUENTLY CONVICTED OF A FELONY OR ANY OF SUCH  OFFENSES,  THEREAFTER
BE  EMPLOYED  IN  THE  SAME  CAPACITY  BY ANY OTHER LICENSEE WITHOUT THE
FURTHER WRITTEN APPROVAL OF THE  AUTHORITY  UNLESS  THE  PRIOR  APPROVAL
GIVEN BY THE AUTHORITY IS TERMINATED.
  3.  NO  LICENSE OF ANY KIND MAY BE ISSUED TO A PERSON UNDER THE AGE OF
TWENTY-ONE YEARS, NOR SHALL ANY LICENSEE EMPLOY ANYONE UNDER THE AGE  OF
TWENTY-ONE YEARS.
  S  169.  CERTAIN OFFICIALS NOT TO BE INTERESTED IN MANUFACTURE OR SALE
OF MARIHUANA. 1. EXCEPT AS OTHERWISE PROVIDED  IN  SECTION  ONE  HUNDRED
TWENTY-EIGHT-A  OF  THIS  CHAPTER,  IT  SHALL BE UNLAWFUL FOR ANY POLICE
COMMISSIONER, POLICE INSPECTOR, CAPTAIN, SERGEANT, ROUNDSMAN,  PATROLMAN
OR  OTHER POLICE OFFICIAL OR SUBORDINATE OF ANY POLICE DEPARTMENT IN THE
STATE, TO BE EITHER DIRECTLY OR INDIRECTLY INTERESTED IN THE MANUFACTURE
OR SALE OF MARIHUANA OR TO OFFER FOR SALE, OR RECOMMEND TO ANY  LICENSEE
ANY  MARIHUANA. A PERSON MAY NOT BE DENIED ANY LICENSE GRANTED UNDER THE

A. 3089--A                         21

PROVISIONS OF SECTIONS FIFTY-FOUR, FIFTY-FIVE, FIFTY-NINE,  SIXTY-THREE,
SIXTY-FOUR,  SEVENTY-NINE,  EIGHTY-ONE, OR ARTICLE SEVEN OF THIS CHAPTER
SOLELY ON THE GROUNDS OF BEING THE SPOUSE OF A PUBLIC SERVANT  DESCRIBED
IN  THIS  SUBDIVISION.  THE  SOLICITATION  OR RECOMMENDATION MADE TO ANY
LICENSEE, TO PURCHASE ANY MARIHUANA BY ANY POLICE OFFICIAL  OR  SUBORDI-
NATE  AS  HEREINABOVE  DESCRIBED,  SHALL  BE PRESUMPTIVE EVIDENCE OF THE
INTEREST OF SUCH OFFICIAL OR SUBORDINATE IN THE MANUFACTURE OR  SALE  OF
MARIHUANA.
  2. NO ELECTIVE VILLAGE OFFICER SHALL BE SUBJECT TO THE LIMITATIONS SET
FORTH  IN  SUBDIVISION  ONE OF THIS SECTION UNLESS SUCH ELECTIVE VILLAGE
OFFICER SHALL BE ASSIGNED DUTIES DIRECTLY RELATING TO THE  OPERATION  OR
MANAGEMENT OF THE POLICE DEPARTMENT.
  S  170. PROVISIONS GOVERNING INITIAL RULEMAKING. 1. WITHIN TWO HUNDRED
FORTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE AUTHORITY SHALL
PERFORM SUCH ACTS, PRESCRIBE SUCH FORMS AND MAKE SUCH RULES, REGULATIONS
AND ORDERS AS IT MAY DEEM NECESSARY OR PROPER TO  FULLY  EFFECTUATE  THE
PROVISIONS OF THIS ARTICLE.
  2.  THE  AUTHORITY  SHALL  PROMULGATE  NECESSARY RULES AND REGULATIONS
GOVERNING THE LICENSING OF MARIHUANA  PRODUCERS,  MARIHUANA  PROCESSORS,
MARIHUANA RETAILERS AND MARIHUANA RETAILERS FOR CONSUMPTION ON THE PREM-
ISES, INCLUDING:
  (A) PRESCRIBING FORMS AND ESTABLISHING APPLICATION, REINSTATEMENT, AND
RENEWAL FEES;
  (B) THE QUALIFICATIONS FOR LICENSURE;
  (C)  THE  BOOKS AND RECORDS TO BE CREATED AND MAINTAINED BY LICENSEES,
THE REPORTS TO BE MADE THEREON TO THE AUTHORITY, AND INSPECTION  OF  THE
BOOKS AND RECORDS;
  (D)  METHODS  OF PRODUCING, PROCESSING, AND PACKAGING MARIHUANA, MARI-
HUANA-INFUSED PRODUCTS, AND CONCENTRATED CANNABIS; CONDITIONS OF SANITA-
TION, AND STANDARDS OF INGREDIENTS, QUALITY, AND IDENTITY  OF  MARIHUANA
PRODUCTS PRODUCED, PROCESSED, PACKAGED, OR SOLD BY LICENSEES; AND
  (E)  SECURITY  REQUIREMENTS FOR MARIHUANA RETAILERS AND PREMISES WHERE
MARIHUANA PRODUCTS ARE PRODUCED OR PROCESSED, AND SAFETY  PROTOCOLS  FOR
LICENSEES AND THEIR EMPLOYEES.
  3.  THE  LIQUOR  AUTHORITY SHALL PROMULGATE RULES AND REGULATIONS THAT
ARE CALCULATED TO:
  (A) PREVENT THE DISTRIBUTION OF MARIHUANA TO PERSONS UNDER  TWENTY-ONE
YEARS OF AGE;
  (B) PREVENT THE REVENUE FROM THE SALE OF MARIHUANA FROM GOING TO CRIM-
INAL ENTERPRISES, GANGS, AND CARTELS;
  (C)  PREVENT  THE  DIVERSION  OF  MARIHUANA  FROM  THIS STATE TO OTHER
STATES;
  (D) PREVENT MARIHUANA ACTIVITY THAT IS  LEGAL  UNDER  STATE  LAW  FROM
BEING  USED  AS  A COVER OR PRETEXT FOR THE TRAFFICKING OF OTHER ILLEGAL
DRUGS OR OTHER ILLEGAL ACTIVITY;
  (E) PREVENT VIOLENCE AND THE USE OF FIREARMS IN  THE  CULTIVATION  AND
DISTRIBUTION OF MARIHUANA;
  (F)  PREVENT  DRUGGED  DRIVING  AND  THE EXACERBATION OF OTHER ADVERSE
PUBLIC HEALTH CONSEQUENCES ASSOCIATED WITH THE USE OF MARIHUANA;
  (G) PREVENT THE GROWING OF MARIHUANA ON PUBLIC LANDS AND THE ATTENDANT
PUBLIC SAFETY AND ENVIRONMENTAL DANGERS POSED BY MARIHUANA PRODUCTION ON
PUBLIC LANDS; AND
  (H) PREVENT THE POSSESSION AND USE OF MARIHUANA ON FEDERAL PROPERTY.
  4. RULES AND REGULATIONS PROMULGATED BY THE LIQUOR AUTHORITY  PURSUANT
TO SUBDIVISION THREE OF THIS SECTION SHALL NOT PROHIBIT THE OPERATION OF

A. 3089--A                         22

MARIHUANA  ESTABLISHMENTS  EITHER  EXPRESSLY OR THROUGH REGULATIONS THAT
MAKE THEIR OPERATION UNREASONABLY IMPRACTICABLE.
  5.  THE LIQUOR AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF AGRI-
CULTURE AND MARKETS AND THE DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,
SHALL  PROMULGATE  NECESSARY  RULES  AND  REGULATIONS GOVERNING THE SAFE
PRODUCTION OF MARIHUANA, INCLUDING RESTRICTIONS ON  THE  USE  OF  PESTI-
CIDES.
  S  171. PROVISIONS GOVERNING MARIHUANA PRODUCERS. 1. NO PRODUCER SHALL
SELL, OR AGREE TO SELL OR DELIVER IN THE STATE ANY  MARIHUANA  PRODUCTS,
AS THE CASE MAY BE, EXCEPT IN SEALED CONTAINERS CONTAINING QUANTITIES IN
ACCORDANCE  WITH  SIZE STANDARDS PURSUANT TO RULES ADOPTED BY THE LIQUOR
AUTHORITY. SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY
BE REQUIRED BY THE RULES OF THE  LIQUOR  AUTHORITY,  TOGETHER  WITH  ALL
NECESSARY NEW YORK STATE EXCISE TAX STAMPS, AS REQUIRED BY LAW.
  2. NO PRODUCER SHALL TRANSPORT MARIHUANA PRODUCTS IN ANY VEHICLE OWNED
AND  OPERATED OR HIRED AND OPERATED BY SUCH PRODUCER, UNLESS THERE SHALL
BE ATTACHED TO OR INSCRIBED UPON BOTH SIDES  OF  SUCH  VEHICLE  A  SIGN,
SHOWING  THE NAME AND ADDRESS OF THE LICENSEE, TOGETHER WITH THE FOLLOW-
ING INSCRIPTION: "NEW YORK STATE MARIHUANA PRODUCER LICENSE NUMBER  ..,"
IN UNIFORM LETTERS NOT LESS THAN THREE AND ONE-HALF INCHES IN HEIGHT. IN
LIEU  OF  SUCH  SIGN  A  PRODUCER  MAY HAVE IN THE CAB OF SUCH VEHICLE A
PHOTOSTATIC COPY OF ITS CURRENT LICENSE ISSUED  BY  THE  AUTHORITY,  AND
SUCH COPY DULY AUTHENTICATED BY THE AUTHORITY.
  3.  NO  PRODUCER SHALL DELIVER ANY MARIHUANA PRODUCTS, EXCEPT IN VEHI-
CLES OWNED AND OPERATED BY SUCH PRODUCER, OR HIRED AND OPERATED BY  SUCH
PRODUCER  FROM  A TRUCKING OR TRANSPORTATION COMPANY REGISTERED WITH THE
LIQUOR AUTHORITY, AND SHALL ONLY MAKE DELIVERIES AT THE  LICENSED  PREM-
ISES OF THE PURCHASER.
  4.  EACH  PRODUCER SHALL KEEP AND MAINTAIN UPON THE LICENSED PREMISES,
ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS  INVOLVING  THE  PRODUCER
AND  SALE  OF  HIS  OR ITS PRODUCTS, WHICH SHALL INCLUDE ALL INFORMATION
REQUIRED BY RULES PROMULGATED BY THE LIQUOR AUTHORITY. EACH  SALE  SHALL
BE  RECORDED  SEPARATELY ON A NUMBERED INVOICE, WHICH SHALL HAVE PRINTED
THEREON THE NUMBER, THE  NAME  OF  THE  LICENSEE,  THE  ADDRESS  OF  THE
LICENSED  PREMISES,  AND THE CURRENT LICENSE NUMBER. SUCH PRODUCER SHALL
DELIVER TO THE PURCHASER A TRUE DUPLICATE INVOICE STATING THE  NAME  AND
ADDRESS  OF  THE  PURCHASER, THE QUANTITY PURCHASED, DESCRIPTION AND THE
PRICE OF THE PRODUCT, AND A TRUE, ACCURATE AND COMPLETE STATEMENT OF THE
TERMS AND CONDITIONS ON WHICH SUCH SALE IS MADE. SUCH BOOKS, RECORDS AND
INVOICES SHALL BE KEPT FOR A PERIOD OF TWO YEARS AND SHALL BE  AVAILABLE
FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE LIQUOR AUTHORITY.
  5. NO PRODUCER SHALL FURNISH OR CAUSE TO BE FURNISHED TO ANY LICENSEE,
ANY  EXTERIOR OR INTERIOR SIGN, PRINTED, PAINTED, ELECTRIC OR OTHERWISE,
EXCEPT AS AUTHORIZED BY THE LIQUOR AUTHORITY. THE LIQUOR  AUTHORITY  MAY
MAKE  SUCH  RULES  AS  IT  DEEMS  NECESSARY TO CARRY OUT THE PURPOSE AND
INTENT OF THIS SUBDIVISION.
  S 172. PROVISIONS GOVERNING  PROCESSORS.  1.  NO  PROCESSOR  SHALL  BE
ENGAGED  IN  ANY  OTHER  BUSINESS ON THE PREMISES TO BE LICENSED; EXCEPT
THAT NOTHING CONTAINED IN THIS CHAPTER SHALL PREVENT A MARIHUANA PRODUC-
ER AND A MARIHUANA PROCESSOR FROM OPERATING ON  THE  SAME  PREMISES  AND
FROM A PERSON HOLDING BOTH LICENSES.
  2.  NO  PROCESSOR SHALL SELL, OR AGREE TO SELL OR DELIVER IN THE STATE
ANY MARIHUANA PRODUCTS, EXCEPT IN A SEALED PACKAGE CONTAINING QUANTITIES
IN ACCORDANCE WITH SIZE STANDARDS  PURSUANT  TO  RULES  ADOPTED  BY  THE
LIQUOR AUTHORITY. SUCH CONTAINERS SHALL HAVE AFFIXED THERETO SUCH LABELS

A. 3089--A                         23

AS  MAY  BE REQUIRED BY THE RULES OF THE LIQUOR AUTHORITY, TOGETHER WITH
ALL NECESSARY NEW YORK STATE EXCISE TAX STAMPS, AS REQUIRED BY LAW.
  3.  EACH  PROCESSOR  SHALL  HAVE  PAINTED  ON  THE FRONT WINDOW OF THE
LICENSED PREMISES, OR IF THERE BE NO WINDOW, ON A SIGN  AFFIXED  TO  THE
FRONT OF THE BUILDING CONTAINING SAID LICENSED PREMISES, THE NAME OF THE
LICENSEE  TOGETHER  WITH  THE  INSCRIPTION,  "NEW  YORK  STATE MARIHUANA
PROCESSOR OR MARIHUANA PROCESSOR LICENSE  NUMBER  ________________";  AS
THE  CASE  MAY  BE,  IN UNIFORM LETTERS NOT LESS THAN THREE AND ONE-HALF
INCHES IN HEIGHT.
  4. NO PROCESSOR SHALL TRANSPORT  MARIHUANA  PRODUCTS  IN  ANY  VEHICLE
OWNED AND OPERATED OR HIRED AND OPERATED BY SUCH PROCESSOR, UNLESS THERE
SHALL  BE  ATTACHED  TO  OR  INSCRIBED UPON BOTH SIDES OF SUCH VEHICLE A
SIGN, SHOWING THE NAME AND ADDRESS OF THE LICENSEE,  TOGETHER  WITH  THE
FOLLOWING  INSCRIPTION: "NEW YORK STATE MARIHUANA PROCESSOR OR MARIHUANA
PROCESSOR LICENSE NUMBER ................. , " AS THE CASE  MAY  BE,  IN
UNIFORM  LETTERS  NOT  LESS THAN THREE AND ONE-HALF INCHES IN HEIGHT. IN
LIEU OF SUCH SIGN, A PROCESSOR MAY HAVE IN THE CAB  OF  SUCH  VEHICLE  A
PHOTOSTATIC  COPY  OF  ITS  CURRENT LICENSE ISSUED BY THE AUTHORITY, AND
SUCH COPY DULY AUTHENTICATED BY THE AUTHORITY.
  5. NO PROCESSOR SHALL DELIVER ANY PRODUCTS, EXCEPT IN  VEHICLES  OWNED
AND  OPERATED BY SUCH PROCESSOR, OR HIRED AND OPERATED BY SUCH PROCESSOR
FROM A TRUCKING OR TRANSPORTATION COMPANY  REGISTERED  WITH  THE  LIQUOR
AUTHORITY,  AND  SHALL  ONLY MAKE DELIVERIES AT THE LICENSED PREMISES OF
THE PURCHASER.
  6. EACH PROCESSOR SHALL KEEP AND MAINTAIN UPON THE LICENSED  PREMISES,
ADEQUATE  BOOKS  AND  RECORDS OF ALL TRANSACTIONS INVOLVING THE BUSINESS
TRANSACTED BY SUCH PROCESSOR, WHICH SHALL SHOW THE AMOUNT  OF  MARIHUANA
PRODUCTS,  PURCHASED  BY SUCH PROCESSOR TOGETHER WITH THE NAMES, LICENSE
NUMBERS AND PLACES OF BUSINESS OF THE PERSONS FROM  WHOM  THE  SAME  WAS
PURCHASED  AND  THE  AMOUNT  INVOLVED  IN SUCH PURCHASES, AS WELL AS THE
AMOUNT OF MARIHUANA PRODUCTS SOLD BY SUCH PROCESSOR  TOGETHER  WITH  THE
NAMES,  ADDRESSES,  AND  LICENSE  NUMBERS  OF SUCH PURCHASERS. EACH SALE
SHALL BE RECORDED SEPARATELY ON A NUMBERED  INVOICE,  WHICH  SHALL  HAVE
PRINTED THEREON THE NUMBER, THE NAME OF THE LICENSEE, THE ADDRESS OF THE
LICENSED  PREMISES, AND THE CURRENT LICENSE NUMBER. SUCH PROCESSOR SHALL
DELIVER TO THE PURCHASER A TRUE DUPLICATE INVOICE STATING THE  NAME  AND
ADDRESS  OF THE PURCHASER, QUANTITY PURCHASED, DESCRIPTION AND THE PRICE
OF THE PRODUCT, AND A TRUE, ACCURATE AND COMPLETE STATEMENT OF THE TERMS
AND CONDITIONS ON WHICH SUCH SALE  IS  MADE.  SUCH  BOOKS,  RECORDS  AND
INVOICES  SHALL BE KEPT FOR A PERIOD OF TWO YEARS AND SHALL BE AVAILABLE
FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE LIQUOR AUTHORITY.
  7. NO PROCESSOR SHALL FURNISH OR CAUSE TO BE FURNISHED TO  ANY  LICEN-
SEE, ANY EXTERIOR OR INTERIOR SIGN, PRINTED, PAINTED, ELECTRIC OR OTHER-
WISE, UNLESS AUTHORIZED BY THE LIQUOR AUTHORITY.
  S  173. PROVISIONS GOVERNING MARIHUANA RETAILERS. 1. NO RETAIL LICENSE
SHALL BE GRANTED FOR ANY PREMISES, UNLESS THE  APPLICANT  SHALL  BE  THE
OWNER THEREOF, OR SHALL BE IN POSSESSION OF SAID PREMISES UNDER A LEASE,
MANAGEMENT  AGREEMENT  OR  OTHER  AGREEMENT GIVING THE APPLICANT CONTROL
OVER THE PREMISES, IN WRITING, FOR A TERM  NOT  LESS  THAN  THE  LICENSE
PERIOD.
  2.  NO  PREMISES  SHALL BE LICENSED TO SELL MARIHUANA PRODUCTS, UNLESS
SAID PREMISES SHALL BE LOCATED IN A STORE,  THE  PRINCIPAL  ENTRANCE  TO
WHICH  SHALL  BE FROM THE STREET LEVEL AND LOCATED ON A PUBLIC THOROUGH-
FARE IN PREMISES WHICH MAY BE OCCUPIED, OPERATED OR CONDUCTED FOR  BUSI-
NESS,  TRADE  OR  INDUSTRY  OR  ON AN ARCADE OR SUB-SURFACE THOROUGHFARE
LEADING TO A RAILROAD TERMINAL. THERE MAY BE NOT  MORE  THAN  ONE  ADDI-

A. 3089--A                         24

TIONAL  ENTRANCE WHICH SHALL BE FROM THE STREET LEVEL AND LOCATED ON AND
GIVING ACCESS TO AND FROM A PUBLIC OR PRIVATE  PARKING  LOT  OR  PARKING
AREA HAVING SPACE FOR NOT LESS THAN FIVE AUTOMOBILES.
  3. NO MARIHUANA RETAIL LICENSE SHALL BE GRANTED FOR ANY PREMISES WHICH
A  LICENSE  WOULD  NOT  BE  ALLOWED TO SELL AT RETAIL FOR CONSUMPTION OF
ALCOHOL OFF THE PREMISES BASED ON ITS PROXIMITY TO A  BUILDING  OCCUPIED
EXCLUSIVELY  AS  A  SCHOOL,  CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP
PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
  4. NO MARIHUANA RETAIL LICENSEE SHALL OFFER  FOR  SALE  ANY  MARIHUANA
PRODUCTS  IN ANY OTHER CONTAINER, EXCEPT IN THE ORIGINAL SEALED PACKAGE,
AS RECEIVED FROM THE PRODUCER OR PROCESSOR. SUCH CONTAINERS  SHALL  HAVE
AFFIXED  THERETO  SUCH  LABELS  AS  MAY  BE REQUIRED BY THE RULES OF THE
LIQUOR AUTHORITY, TOGETHER WITH ALL NEW YORK STATE EXCISE TAX STAMPS, AS
REQUIRED BY LAW. SUCH CONTAINERS SHALL NOT BE OPENED  NOR  ITS  CONTENTS
CONSUMED ON THE PREMISES WHERE SOLD.
  5.  NO  MARIHUANA  RETAIL  LICENSEE  SHALL  SELL OR TRANSFER MARIHUANA
PRODUCTS TO ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
  6. NO MARIHUANA RETAIL LICENSEE SHALL SELL ALCOHOLIC BEVERAGES ON  THE
SAME PREMISES WHERE MARIHUANA PRODUCTS ARE SOLD.
  7.  EACH PERSON LICENSED AS A MARIHUANA RETAILER SHALL HAVE PAINTED ON
THE FRONT WINDOW OF THE LICENSED PREMISES,  THE  NAME  OF  THE  LICENSEE
TOGETHER  WITH  THE  INSCRIPTION, "NEW YORK STATE RETAIL MARIHUANA STORE
LICENSE NUMBER .........," AS THE CASE MAY BE, IN  UNIFORM  LETTERS  NOT
LESS THAN THREE AND ONE-HALF INCHES IN HEIGHT.
  8.  NO  SIGN OF ANY KIND PRINTED, PAINTED OR ELECTRIC, ADVERTISING ANY
BRAND SHALL BE PERMITTED ON THE EXTERIOR OR INTERIOR OF  SUCH  PREMISES,
EXCEPT BY PERMISSION OF THE LIQUOR AUTHORITY.
  9.  NO RETAIL LICENSEE SHALL TRANSPORT MARIHUANA PRODUCTS IN ANY VEHI-
CLE OWNED AND OPERATED OR HIRED AND OPERATED BY  SUCH  RETAIL  LICENSEE,
EXCEPT  PRODUCTS TRANSPORTED TO THE HOME OF A PURCHASER NOT TO BE RESOLD
BY THE PURCHASER, UNLESS THERE SHALL BE ATTACHED TO  OR  INSCRIBED  UPON
BOTH  SIDES  OF SUCH VEHICLE A SIGN, SHOWING THE NAME AND ADDRESS OF THE
LICENSEE TOGETHER WITH THE FOLLOWING INSCRIPTION, "NEW YORK STATE RETAIL
MARIHUANA STORE LICENSE NUMBER. . . . . . . . . . ," AS THE CASE MAY BE,
IN UNIFORM LETTERS NOT LESS THAN THREE AND ONE-HALF  INCHES  IN  HEIGHT,
EXCEPT  DELIVERIES  MAY  BE MADE IN PASSENGER TYPE VEHICLES OWNED BY THE
LICENSEE AND OPERATED BY THE LICENSEE OR HIS OR HER AGENT, OR  HIRED  BY
THE  LICENSEE AND OPERATED BY THE LICENSEE OR HIS OR HER AGENT, PROVIDED
THE PERSON MAKING THE DELIVERY SHALL HAVE UPON HIS OR HER  PERSON  WHILE
SO  DELIVERING  A  PHOTOSTATIC COPY OF THE CURRENT LICENSE ISSUED BY THE
AUTHORITY. IN LIEU OF SUCH SIGN, A RETAIL LICENSEE MAY HAVE IN  THE  CAB
OF  SUCH VEHICLE A PHOTOSTATIC COPY OF ITS CURRENT LICENSE ISSUED BY THE
AUTHORITY, AND SUCH COPY DULY AUTHENTICATED BY THE AUTHORITY.
  10. NO RETAIL LICENSEE SHALL DELIVER ANY MARIHUANA PRODUCTS EXCEPT  IN
VEHICLES  OWNED  AND OPERATED BY SUCH LICENSEE, OR HIRED AND OPERATED BY
SUCH LICENSEE FROM A TRUCKING OR TRANSPORTATION COMPANY REGISTERED  WITH
THE  LIQUOR  AUTHORITY, AND SHALL ONLY MAKE SUCH DELIVERIES AT THE PREM-
ISES OF THE PURCHASER.
  11. NO RETAIL LICENSEE SHALL KEEP  OR  PERMIT  TO  BE  KEPT  UPON  THE
LICENSED PREMISES, ANY MARIHUANA PRODUCTS IN ANY UNSEALED CONTAINER.
  12. NO RETAIL LICENSEE SHALL SELL OR DELIVER ANY MARIHUANA PRODUCTS TO
ANY  PERSON WITH KNOWLEDGE OF, OR WITH REASONABLE CAUSE TO BELIEVE, THAT
THE PERSON TO WHOM SUCH MARIHUANA PRODUCTS, HAS ACQUIRED  THE  SAME  FOR
THE  PURPOSE  OF  PEDDLING  THEM  FROM  PLACE TO PLACE, OR OF SELLING OR
GIVING THEM AWAY IN VIOLATION OF THE PROVISIONS OF THIS  CHAPTER  OR  IN
VIOLATION OF THE RULES AND REGULATIONS OF THE LIQUOR AUTHORITY.

A. 3089--A                         25

  13. NO PREMISES LICENSED AS A MARIHUANA RETAILER SHALL BE PERMITTED TO
REMAIN OPEN DURING A TIME WHEN A PREMISES LICENSED TO SELL LIQUOR AND/OR
WINE FOR OFF-PREMISES CONSUMPTION IS NOT PERMITTED TO REMAIN OPEN PURSU-
ANT TO THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
  14.  EACH  MARIHUANA  RETAIL LICENSEE SHALL KEEP AND MAINTAIN UPON THE
LICENSED PREMISES,  ADEQUATE  BOOKS  AND  RECORDS  OF  ALL  TRANSACTIONS
INVOLVING THE BUSINESS TRANSACTED BY SUCH LICENSEE, WHICH SHALL SHOW THE
AMOUNT  OF  MARIHUANA PRODUCTS, PURCHASED BY SUCH LICENSEE TOGETHER WITH
THE NAMES, LICENSE NUMBERS AND PLACES OF BUSINESS OF  THE  PERSONS  FROM
WHOM THE SAME WERE PURCHASED, AND THE AMOUNT INVOLVED IN SUCH PURCHASES,
AS  WELL AS THE AMOUNT OF MARIHUANA PRODUCTS, SOLD BY SUCH LICENSEE, AND
THE AMOUNT INVOLVED IN EACH SALE. SUCH BOOKS AND RECORDS SHALL BE AVAIL-
ABLE FOR INSPECTION BY  ANY  AUTHORIZED  REPRESENTATIVE  OF  THE  LIQUOR
AUTHORITY.
  15.  NO  MARIHUANA  RETAIL  LICENSEE  SHALL BE INTERESTED, DIRECTLY OR
INDIRECTLY, IN ANY PREMISES WHERE MARIHUANA  PRODUCTS  ARE  PRODUCED  OR
PROCESSED  OR  ANY  OTHER  PREMISES WHERE MARIHUANA PRODUCTS ARE SOLD AT
RETAIL, BY STOCK OWNERSHIP, INTERLOCKING DIRECTORS, MORTGAGE OR LIEN  ON
ANY PERSONAL OR REAL PROPERTY OR BY ANY OTHER MEANS.
  16.  NO  MARIHUANA  RETAIL LICENSEE SHALL MAKE OR CAUSE TO BE MADE ANY
LOAN TO ANY PERSON ENGAGED IN THE  PRODUCTION,  PROCESSING  OR  SALE  OF
MARIHUANA PRODUCTS.
  17.  ALL  PREMISES  LICENSED  UNDER  THIS  SECTION SHALL BE SUBJECT TO
INSPECTION BY ANY PEACE OFFICER DESCRIBED IN SUBDIVISION FOUR OF SECTION
2.10 OF THE CRIMINAL PROCEDURE LAW ACTING PURSUANT TO HIS OR HER SPECIAL
DUTIES, OR POLICE OFFICER OR ANY DULY AUTHORIZED REPRESENTATIVE  OF  THE
LIQUOR  AUTHORITY,  DURING THE HOURS WHEN THE SAID PREMISES ARE OPEN FOR
THE TRANSACTION OF BUSINESS.
  S 174. PROVISIONS GOVERNING MARIHUANA  RETAILERS  FOR  CONSUMPTION  ON
PREMISES.  1.  NO MARIHUANA RETAILER LICENSE FOR CONSUMPTION ON PREMISES
SHALL BE GRANTED FOR A PREMISES LOCATED IN WHOLE OR IN PART  INSIDE  THE
BOUNDARIES  OF  ANY  CITY, VILLAGE OR TOWN, UNLESS THE LOCAL LEGISLATIVE
BODY OF SUCH CITY, VILLAGE OR TOWN, BY RESOLUTION, EXPRESSLY  AUTHORIZES
THE  LICENSING  OF  SUCH  FACILITIES  IN SUCH CITY, VILLAGE OR TOWN. THE
LOCAL LEGISLATIVE BODY MAY DIRECT AN APPROPRIATE OFFICER, BOARD OR  BODY
OF  SUCH  CITY,  VILLAGE  OR  TOWN  AS  THE LOCAL LICENSING AUTHORITY TO
AUTHORIZE INDIVIDUAL MARIHUANA FACILITY LICENSE APPLICATIONS. IN  CITIES
OF  ONE  MILLION  OR  MORE  RESIDENTS, SHOULD THE LOCAL LEGISLATIVE BODY
AUTHORIZE SUCH LICENSE, NO MARIHUANA RETAILER LICENSE FOR CONSUMPTION ON
PREMISES SHALL BE GRANTED UNLESS THE COMMUNITY BOARD ESTABLISHED  PURSU-
ANT  TO  SECTION  TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH
JURISDICTION OVER THE AREA IN WHICH THE PREMISES WILL BE  LOCATED  SHALL
ALSO AUTHORIZE SUCH LICENSE.
  2.  NO MARIHUANA RETAILER LICENSE FOR ON-PREMISES CONSUMPTION SHALL BE
GRANTED FOR ANY PREMISES, UNLESS THE APPLICANT SHALL BE THE OWNER THERE-
OF, OR SHALL BE IN POSSESSION OF SAID PREMISES UNDER A LEASE,  IN  WRIT-
ING,  FOR  A TERM NOT LESS THAN THE LICENSE PERIOD EXCEPT, HOWEVER, THAT
SUCH LICENSE MAY THEREAFTER BE RENEWED  WITHOUT  THE  REQUIREMENT  OF  A
LEASE  AS  HEREIN PROVIDED. THIS SUBDIVISION SHALL NOT APPLY TO PREMISES
LEASED FROM GOVERNMENT AGENCIES, AS DEFINED UNDER  SUBDIVISION  TWELVE-C
OF  SECTION THREE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT THE APPROPRI-
ATE ADMINISTRATOR OF SUCH GOVERNMENT AGENCY PROVIDES SOME FORM OF  WRIT-
TEN  DOCUMENTATION  REGARDING  THE  TERMS  OF  OCCUPANCY UNDER WHICH THE
APPLICANT IS LEASING SAID PREMISES FROM THE GOVERNMENT AGENCY FOR  PRES-
ENTATION TO THE STATE LIQUOR AUTHORITY AT THE TIME OF THE LICENSE APPLI-
CATION.  SUCH DOCUMENTATION SHALL INCLUDE THE TERMS OF OCCUPANCY BETWEEN

A. 3089--A                         26

THE APPLICANT AND THE GOVERNMENT AGENCY, INCLUDING, BUT NOT LIMITED  TO,
ANY SHORT-TERM LEASING AGREEMENTS OR WRITTEN OCCUPANCY AGREEMENTS.
  3.  NO MARIHUANA RETAILER LICENSE FOR ON-PREMISES CONSUMPTION SHALL BE
GRANTED FOR ANY PREMISES WHERE A LICENSE WOULD NOT BE ALLOWED TO SELL AT
RETAIL FOR CONSUMPTION OF ALCOHOL ON THE PREMISES BASED ON ITS PROXIMITY
TO A BUILDING OCCUPIED EXCLUSIVELY AS A  SCHOOL,  CHURCH,  SYNAGOGUE  OR
OTHER PLACE OF WORSHIP PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED
FIVE OF THIS CHAPTER.
  4. THE AUTHORITY MAY CONSIDER ANY OR ALL OF THE FOLLOWING IN DETERMIN-
ING  WHETHER  PUBLIC  CONVENIENCE  AND ADVANTAGE AND THE PUBLIC INTEREST
WILL BE PROMOTED BY THE GRANTING OF  LICENSES  AND  PERMITS  FOR  RETAIL
LICENSE FOR ON-PREMISES CONSUMPTION AT A PARTICULAR UNLICENSED LOCATION:
  (A)  THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF.
  (B) EVIDENCE  THAT  ALL  NECESSARY  LICENSES  AND  PERMITS  HAVE  BEEN
OBTAINED FROM THE STATE AND ALL OTHER GOVERNING BODIES.
  (C)  EFFECT OF THE GRANT OF THE LICENSE ON VEHICULAR TRAFFIC AND PARK-
ING IN PROXIMITY TO THE LOCATION.
  (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES.
  (E) THE HISTORY OF MARIHUANA VIOLATIONS AND REPORTED CRIMINAL ACTIVITY
AT THE PROPOSED PREMISES.
  (F) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO DETERMINE THE PUBLIC CONVENIENCE AND ADVANTAGE AND PUBLIC INTEREST OF
THE COMMUNITY.
  5. IF THE AUTHORITY SHALL DISAPPROVE AN APPLICATION FOR A  LICENSE  OR
PERMIT,  IT SHALL STATE AND FILE IN ITS OFFICES THE REASONS THEREFOR AND
SHALL NOTIFY THE APPLICANT THEREOF. SUCH APPLICANT MAY  THEREUPON  APPLY
TO  THE  AUTHORITY  FOR  A  REVIEW  OF  SUCH  ACTION  IN  A MANNER TO BE
PRESCRIBED BY THE RULES OF THE AUTHORITY. A HEARING UPON NOTICE  TO  THE
APPLICANT  SHALL  THEREUPON  BE  HELD  BY THE AUTHORITY OR BY ONE OF ITS
MEMBERS AT ITS OFFICE MOST CONVENIENTLY SITUATED TO THE  OFFICE  OF  ITS
DULY  AUTHORIZED  REPRESENTATIVE  IN  A  MANNER  TO BE PRESCRIBED IN ITS
RULES; AND ON SUCH HEARING PROOF MAY BE TAKEN BY ORAL  TESTIMONY  OR  BY
AFFIDAVIT  RELATIVE  THERETO.  AFTER  SUCH  HEARING,  IF  THE  AUTHORITY
CONFIRMS SUCH DISAPPROVAL, IT SHALL ENDORSE SUCH APPLICATION ACCORDINGLY
AND SHALL SEND NOTICE TO THE APPLICANT OF ITS ACTION IN SUCH FORM AS THE
AUTHORITY MAY PRESCRIBE. IF THE AUTHORITY DOES NOT  CONFIRM  THE  DISAP-
PROVAL ACTION IT MAY GRANT SUCH APPLICATION AND ISSUE SUCH LICENSE.
  6.  NO  MARIHUANA  RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION, EXCEPT
PERSONS OR CORPORATIONS OPERATING A HOTEL,  AS  DEFINED  IN  SUBDIVISION
FOURTEEN  OF  SECTION  THREE  OF  THIS CHAPTER, FOR EXCLUSIVE USE IN THE
FURNISHING OF ROOM SERVICE IN THE MANNER PRESCRIBED  BY  RULE  OR  REGU-
LATION OF THE STATE LIQUOR AUTHORITY, SHALL KEEP UPON THE LICENSED PREM-
ISES  ANY  MARIHUANA  PRODUCTS,  EXCEPT  THOSE PURCHASED FROM A LICENSED
PRODUCER, AND IN CONTAINERS  APPROVED  BY  THE  LIQUOR  AUTHORITY.  SUCH
CONTAINERS  SHALL HAVE AFFIXED THERETO SUCH LABELS AS MAY BE REQUIRED BY
THE RULES OF THE LIQUOR AUTHORITY, TOGETHER WITH  ALL  NECESSARY  EXCISE
STAMPS  AS REQUIRED BY LAW. NO MARIHUANA RETAIL LICENSEE FOR ON-PREMISES
CONSUMPTION SHALL REUSE, REFILL,  TAMPER  WITH,  ADULTERATE,  DILUTE  OR
FORTIFY  THE CONTENTS OF ANY CONTAINER OF MARIHUANA PRODUCTS AS RECEIVED
FROM THE MANUFACTURER OR WHOLESALER.
  7. NO MARIHUANA RETAIL  LICENSEE  FOR  ON-PREMISES  CONSUMPTION  SHALL
SELL,  DELIVER  OR  GIVE AWAY, OR CAUSE OR PERMIT OR PROCURE TO BE SOLD,
DELIVERED OR GIVEN AWAY ANY MARIHUANA FOR CONSUMPTION  ON  THE  PREMISES

A. 3089--A                         27

WHERE  SOLD  IN  A CONTAINER OR PACKAGE CONTAINING MORE THAN ONE GRAM OF
MARIHUANA.
  8. NO MARIHUANA PRODUCTS SHALL BE SOLD, OFFERED FOR SALE OR GIVEN AWAY
UPON  ANY  PREMISES  LICENSED TO SELL MARIHUANA PRODUCTS FOR ON-PREMISES
CONSUMPTION, DURING THE FOLLOWING HOURS:  (A)  SUNDAY,  FROM  FOUR  ANTE
MERIDIEM TO TWELVE NOON; OR (B) ON ANY OTHER DAY BETWEEN FOUR ANTE MERI-
DIEM  AND  EIGHT  ANTE  MERIDIEM.  IF  APPROVED BY THE AUTHORITY OR RULE
HAVING BEEN ADOPTED IN A COUNTY, FURTHER RESTRICTIONS OF HOURS  OF  SALE
FOR MARIHUANA PRODUCTS SHALL BE ENFORCEABLE, SUCH RESTRICTED HOURS SHALL
BE THE HOURS, DURING WHICH THE SALE OF MARIHUANA PRODUCTS FOR ON-PREMIS-
ES  CONSUMPTION SHALL NOT BE PERMITTED WITHIN SUCH COUNTY. NOR SHALL ANY
PERSON BE PERMITTED TO CONSUME ANY  MARIHUANA  PRODUCTS  UPON  ANY  SUCH
PREMISES  LATER  THAN  ONE-HALF  HOUR  AFTER THE START OF THE PROHIBITED
HOURS OF SALE PROVIDED FOR IN THIS SECTION.
  9. NO PERSON LICENSED  TO  SELL  MARIHUANA  PRODUCTS  FOR  ON-PREMISES
CONSUMPTION  SHALL  SUFFER  OR PERMIT ANY GAMBLING ON THE LICENSED PREM-
ISES, OR SUFFER OR PERMIT SUCH PREMISES TO BECOME DISORDERLY. THE USE OF
THE LICENSED PREMISES, OR ANY PART THEREOF,  FOR  THE  SALE  OF  LOTTERY
TICKETS, PLAYING OF BINGO OR GAMES OF CHANCE, OR AS A SIMULCAST FACILITY
OR  SIMULCAST  THEATER  PURSUANT TO THE RACING, PARI-MUTUEL WAGERING AND
BREEDING LAW, WHEN DULY AUTHORIZED AND LAWFULLY CONDUCTED THEREON, SHALL
NOT CONSTITUTE GAMBLING WITHIN THE MEANING OF THIS SUBDIVISION.
  (A) NO MARIHUANA RETAIL LICENSEE  FOR  ON-PREMISES  CONSUMPTION  SHALL
SUFFER  OR  PERMIT  ANY  PERSON  TO  APPEAR ON LICENSED PREMISES IN SUCH
MANNER OR ATTIRE AS TO EXPOSE TO VIEW ANY PORTION  OF  THE  PUBIC  AREA,
ANUS,  VULVA OR GENITALS, OR ANY SIMULATION THEREOF, NOR SHALL SUFFER OR
PERMIT ANY FEMALE TO APPEAR ON  LICENSED  PREMISES  IN  SUCH  MANNER  OR
ATTIRE  AS  TO EXPOSE TO VIEW ANY PORTION OF THE BREAST BELOW THE TOP OF
THE AREOLA, OR ANY SIMULATION THEREOF.
  (B) NO RETAIL  LICENSEE  FOR  ON-PREMISES  CONSUMPTION  SHALL  SUFFER,
PERMIT  OR  PROMOTE  AN  EVENT  ON  ITS PREMISES WHEREIN THE CONTESTANTS
DELIVER, OR ARE NOT FORBIDDEN  BY  THE  APPLICABLE  RULES  THEREOF  FROM
DELIVERING  KICKS,  PUNCHES OR BLOWS OF ANY KIND TO THE BODY OF AN OPPO-
NENT OR OPPONENTS, WHETHER OR NOT THE EVENT CONSISTS OF  A  PROFESSIONAL
MATCH  OR  EXHIBITION,  AND WHETHER OR NOT THE EVENT OR ANY SUCH ACT, OR
BOTH, IS DONE FOR COMPENSATION; PROVIDED, HOWEVER, THAT THIS PROHIBITION
SHALL NOT BE APPLIED TO  ANY  PROFESSIONAL  MATCH  OR  EXHIBITION  WHICH
CONSISTS  OF  BOXING,  SPARRING, WRESTLING, OR MARTIAL ARTS AND WHICH IS
EXCEPTED FROM THE DEFINITION OF THE TERM "COMBATIVE SPORT" CONTAINED  IN
SUBDIVISION  ONE OF SECTION FIVE-A OF CHAPTER NINE HUNDRED TWELVE OF THE
LAWS OF NINETEEN HUNDRED TWENTY.
  (C) IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, A  VIOLATION  OF
THIS  SUBDIVISION  SHALL CONSTITUTE AN ADEQUATE GROUND FOR INSTITUTING A
PROCEEDING TO SUSPEND, CANCEL OR REVOKE THE LICENSE OF THE  VIOLATOR  IN
ACCORDANCE  WITH  THE  APPLICABLE  PROCEDURES  SPECIFIED  IN SECTION ONE
HUNDRED NINETEEN OF THIS CHAPTER.
  10. EXCEPT WHERE A PERMIT TO DO SO IS  OBTAINED  PURSUANT  TO  SECTION
405.10  OF THE PENAL LAW, NO RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION
SHALL SUFFER, PERMIT, OR PROMOTE AN EVENT ON ITS  PREMISES  WHEREIN  ANY
PERSON  SHALL  USE, EXPLODE, OR CAUSE TO EXPLODE, ANY FIREWORKS OR OTHER
PYROTECHNICS IN A BUILDING AS DEFINED IN PARAGRAPH E OF SUBDIVISION  ONE
OF  SECTION  405.10 OF THE PENAL LAW, THAT IS COVERED BY SUCH LICENSE OR
POSSESS SUCH FIREWORKS OR PYROTECHNICS FOR SUCH PURPOSE. IN ADDITION  TO
ANY OTHER PENALTY PROVIDED BY LAW, A VIOLATION OF THIS SUBDIVISION SHALL
CONSTITUTE  AN  ADEQUATE GROUND FOR INSTITUTING A PROCEEDING TO SUSPEND,
CANCEL, OR REVOKE THE LICENSE OF THE VIOLATOR  IN  ACCORDANCE  WITH  THE

A. 3089--A                         28

APPLICABLE  PROCEDURES SPECIFIED IN SECTION ONE HUNDRED NINETEEN OF THIS
CHAPTER; PROVIDED HOWEVER, IF MORE THAN ONE LICENSEE IS PARTICIPATING IN
A SINGLE EVENT, UPON APPROVAL BY THE AUTHORITY, ONLY ONE  LICENSEE  MUST
OBTAIN SUCH PERMIT.
  11.  NO RESTAURANT AND NO PREMISES LICENSED TO SELL MARIHUANA PRODUCTS
FOR ON-PREMISES CONSUMPTION UNDER PARAGRAPH (A) OF  SUBDIVISION  SIX  OF
SECTION  SIXTY-FOUR-A  OF  THIS  CHAPTER  SHALL BE PERMITTED TO HAVE ANY
OPENING OR MEANS OF ENTRANCE OR PASSAGEWAY FOR PERSONS OR THINGS BETWEEN
THE LICENSED PREMISES AND ANY  OTHER  ROOM  OR  PLACE  IN  THE  BUILDING
CONTAINING THE LICENSED PREMISES, OR ANY ADJOINING OR ABUTTING PREMISES,
UNLESS  INGRESS  AND  EGRESS  IS RESTRICTED BY AN EMPLOYEE, AGENT OF THE
LICENSEE, OR OTHER APPROVED METHOD OF CONTROLLING ACCESS TO THE  FACILI-
TY,  OR UNLESS SUCH PREMISES ARE A BONA FIDE RESTAURANT WITH SUCH ACCESS
FOR PATRONS AND GUESTS FROM ANY PART OF SUCH BUILDING  OR  ADJOINING  OR
ABUTTING  PREMISES AS SHALL SERVE PUBLIC CONVENIENCE IN A REASONABLE AND
SUITABLE MANNER; OR UNLESS SUCH LICENSED  PREMISES  ARE  IN  A  BUILDING
OWNED OR OPERATED BY ANY COUNTY, TOWN, CITY, VILLAGE OR PUBLIC AUTHORITY
OR AGENCY, IN A PARK OR OTHER SIMILAR PLACE OF PUBLIC ACCOMMODATION. ALL
GLASS IN ANY WINDOW OR DOOR ON SAID LICENSED PREMISES SHALL BE CLEAR AND
SHALL NOT BE OPAQUE, COLORED, STAINED OR FROSTED.
  12.  A  VESSEL  LICENSED  TO  SELL  MARIHUANA PRODUCTS FOR ON-PREMISES
CONSUMPTION SHALL NOT BE PERMITTED TO SELL ANY MARIHUANA PRODUCTS, WHILE
SAID VESSEL IS MOORED TO A PIER OR DOCK, EXCEPT THAT VESSELS SAILING  ON
ESTABLISHED  SCHEDULES SHALL BE PERMITTED TO SELL MARIHUANA PRODUCTS FOR
A PERIOD OF THREE HOURS PRIOR TO THE REGULAR ADVERTISED SAILING TIME.
  13. EACH RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION  SHALL  KEEP  AND
MAINTAIN  UPON  THE  LICENSED  PREMISES,  ADEQUATE RECORDS OF ALL TRANS-
ACTIONS INVOLVING THE BUSINESS TRANSACTED BY SUCH LICENSEE  WHICH  SHALL
SHOW  THE AMOUNT OF MARIHUANA PRODUCTS, IN AN APPLICABLE METRIC MEASURE-
MENT, PURCHASED BY  SUCH  LICENSEE  TOGETHER  WITH  THE  NAMES,  LICENSE
NUMBERS  AND  PLACES  OF BUSINESS OF THE PERSONS FROM WHOM THE SAME WERE
PURCHASED, THE AMOUNT INVOLVED IN SUCH PURCHASES, AS WELL AS  THE  SALES
OF  MARIHUANA  PRODUCTS  MADE  BY SUCH LICENSEE. THE LIQUOR AUTHORITY IS
HEREBY AUTHORIZED TO PROMULGATE  RULES  AND  REGULATIONS  PERMITTING  AN
ON-PREMISES  LICENSEE OPERATING TWO OR MORE PREMISES SEPARATELY LICENSED
TO SELL MARIHUANA PRODUCTS FOR ON-PREMISES CONSUMPTION TO INAUGURATE  OR
RETAIN  IN  THIS  STATE  METHODS OR PRACTICES OF CENTRALIZED ACCOUNTING,
BOOKKEEPING, CONTROL RECORDS, REPORTING, BILLING, INVOICING  OR  PAYMENT
RESPECTING  PURCHASES,  SALES  OR  DELIVERIES  OF MARIHUANA PRODUCTS, OR
METHODS AND PRACTICES OF CENTRALIZED RECEIPT  OR  STORAGE  OF  MARIHUANA
PRODUCTS  WITHIN  THIS  STATE  WITHOUT SEGREGATION OR EARMARKING FOR ANY
SUCH SEPARATELY LICENSED PREMISES, WHEREVER SUCH METHODS  AND  PRACTICES
ASSURE  THE  AVAILABILITY,  AT SUCH LICENSEE'S CENTRAL OR MAIN OFFICE IN
THIS STATE, OF DATA REASONABLY NEEDED FOR THE ENFORCEMENT OF THIS  CHAP-
TER.  SUCH  RECORDS  SHALL BE AVAILABLE FOR INSPECTION BY ANY AUTHORIZED
REPRESENTATIVE OF THE LIQUOR AUTHORITY.
  14. NO RETAIL LICENSEE FOR ON-PREMISES  CONSUMPTION  SHALL  BE  INTER-
ESTED,  DIRECTLY OR INDIRECTLY, IN ANY PREMISES WHERE MARIHUANA PRODUCTS
ARE MANUFACTURED OR SOLD AT WHOLESALE, BY STOCK OWNERSHIP,  INTERLOCKING
DIRECTORS,  MORTGAGE  OR LIEN ON ANY PERSONAL OR REAL PROPERTY OR BY ANY
OTHER MEANS.
  15. NO RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL MAKE OR CAUSE
TO BE MADE ANY LOAN TO ANY PERSON ENGAGED IN THE MANUFACTURE OR SALE  OF
MARIHUANA PRODUCTS AT WHOLESALE.
  16. ALL RETAIL LICENSED PREMISES SHALL BE SUBJECT TO INSPECTION BY ANY
PEACE  OFFICER,  ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE

A. 3089--A                         29

OFFICER AND BY THE DULY AUTHORIZED REPRESENTATIVES OF THE LIQUOR AUTHOR-
ITY, DURING THE HOURS WHEN THE SAID PREMISES ARE  OPEN  FOR  THE  TRANS-
ACTION OF BUSINESS.
  17.  A  RETAIL  LICENSEE FOR ON-PREMISES CONSUMPTION SHALL NOT PROVIDE
MARIHUANA PRODUCTS TO ANY PERSON UNDER THE AGE OF TWENTY-ONE OR  TO  ANY
PERSON WHO IS VISIBLY IMPAIRED.
  S  175.  ADVERTISING  AND  FORMS  OF  THE ISSUANCE OF LICENSES. 1. THE
LIQUOR AUTHORITY IS HEREBY AUTHORIZED  TO  PROMULGATE  RULES  AND  REGU-
LATIONS  GOVERNING  THE  ADVERTISING  OF  MARIHUANA PRODUCERS, MARIHUANA
PROCESSORS, MARIHUANA RETAILERS, AND ANY MARIHUANA RELATED  PRODUCTS  OR
SERVICES.
  2.  THE  LIQUOR  AUTHORITY SHALL PROMULGATE EXPLICIT RULES PROHIBITING
ADVERTISING THAT:
  (A) IS FALSE, DECEPTIVE, OR MISLEADING;
  (B) PROMOTES OVERCONSUMPTION;
  (C) DEPICTS CONSUMPTION BY CHILDREN OR OTHER MINORS;
  (D) IS DESIGNED IN ANY WAY TO APPEAL TO CHILDREN OR OTHER MINORS;
  (E) IS WITHIN TWO HUNDRED FEET OF THE PERIMETER OF A  SCHOOL  GROUNDS,
PLAYGROUND, CHILD CARE CENTER, PUBLIC PARK, OR LIBRARY;
  (F) IS IN PUBLIC TRANSIT VEHICLES AND STATIONS;
  (G) IS IN THE FORM OF AN UNSOLICITED INTERNET POP-UP; OR
  (H) IS ON PUBLICLY OWNED OR OPERATED PROPERTY.
  S  176.  PACKAGING  OF  MARIHUANA PRODUCTS. 1. THE LIQUOR AUTHORITY IS
HEREBY AUTHORIZED TO PROMULGATE  RULES  AND  REGULATIONS  GOVERNING  THE
PACKAGING  OF MARIHUANA PRODUCTS, SOLD OR POSSESSED FOR SALE IN NEW YORK
STATE.
  2. SUCH REGULATIONS SHALL INCLUDE REQUIRING PACKAGING MEETING REQUIRE-
MENTS SIMILAR TO THE FEDERAL "POISON PREVENTION PACKAGING ACT OF  1970,"
15 U.S.C. SEC 1471 ET SEQ.
  3.  SUCH REGULATIONS SHALL REQUIRE THAT ALL MARIHUANA INFUSED PRODUCTS
SHALL HAVE SEPARATE PACKAGING FOR EACH SERVING.
  S 177. LABELING OF MARIHUANA PRODUCTS.  1.  THE  LIQUOR  AUTHORITY  IS
HEREBY  AUTHORIZED  TO  PROMULGATE  RULES  AND REGULATIONS GOVERNING THE
LABELING AND OFFERING OF MARIHUANA PRODUCTS FOR SALE WITHIN THIS STATE.
  2. SUCH RULES AND REGULATIONS SHALL BE  CALCULATED  TO:  (A)  PROHIBIT
DECEPTION OF THE CONSUMER; (B) AFFORD ADEQUATE INFORMATION AS TO QUALITY
AND IDENTITY OF THE PRODUCT; AND (C) ACHIEVE NATIONAL UNIFORMITY IN THIS
BUSINESS.
  3.  THE  LIQUOR AUTHORITY MAY SEEK THE ASSISTANCE OF THE DEPARTMENT OF
HEALTH WHEN NECESSARY BEFORE PROMULGATING RULES  AND  REGULATIONS  UNDER
THIS SECTION.
  4.  SUCH  REGULATIONS SHALL INCLUDE REQUIRING LABELS WARNING CONSUMERS
OF ANY POTENTIAL IMPACT ON HUMAN HEALTH RESULTING FROM  THE  CONSUMPTION
OF MARIHUANA PRODUCTS THAT SHALL BE AFFIXED TO THOSE PRODUCTS WHEN SOLD,
IF  SUCH LABELS ARE DEEMED WARRANTED BY THE AUTHORITY AFTER CONSULTATION
WITH THE DEPARTMENT OF HEALTH.
  5. SUCH RULES AND REGULATIONS SHALL ESTABLISH METHODS  AND  PROCEDURES
FOR  DETERMINING  SERVING  SIZES  FOR MARIHUANA-INFUSED PRODUCTS, ACTIVE
CANNABIS CONCENTRATION PER SERVING SIZE,  AND  NUMBER  OF  SERVINGS  PER
CONTAINER.  SUCH REGULATIONS SHALL ALSO REQUIRE A NUTRITIONAL FACT PANEL
THAT INCORPORATES DATA REGARDING SERVING SIZES AND POTENCY THEREOF.
  6. SUCH RULES AND REGULATIONS SHALL REQUIRE INFORMATION CONTAINING THE
LICENSE NUMBER OF THE MARIHUANA PRODUCER AND PROCESSOR FACILITIES  WHERE
THE MARIHUANA WAS GROWN AND PROCESSED.

A. 3089--A                         30

  7.  SUCH  RULES  AND  REGULATIONS SHALL REQUIRE A COMPLETE LIST OF ALL
NONORGANIC PESTICIDES, FUNGICIDES, AND HERBICIDES USED DURING THE CULTI-
VATION OF THE MARIHUANA.
  8.  SUCH  RULES  AND  REGULATIONS  SHALL REQUIRE A CANNABINOID POTENCY
PROFILE EXPRESSED AS A RANGE OF PERCENTAGES THAT EXTENDS FROM THE LOWEST
PERCENTAGE TO HIGHEST PERCENTAGE OF CONCENTRATION FOR  EACH  CANNABINOID
LISTED  FROM  EVERY  TEST  CONDUCTED  ON THAT STRAIN OF RETAIL MARIHUANA
CULTIVATED BY THE SAME MARIHUANA PRODUCER WITHIN THE LAST THREE MONTHS.
  9. THE PACKAGING, SALE, OR POSSESSION BY ANY LICENSEE OF ANY MARIHUANA
PRODUCT NOT LABELED OR OFFERED IN CONFORMITY WITH RULES AND  REGULATIONS
PROMULGATED  IN  ACCORDANCE  WITH  THIS SECTION SHALL BE GROUNDS FOR THE
IMPOSITION OF A FINE, AND/OR THE SUSPENSION, REVOCATION OR  CANCELLATION
OF THE LICENSE.
  S  178.  RENEWALS OF LICENSES AND PERMITS. 1. EACH LICENSE AND PERMIT,
ISSUED PURSUANT TO THIS CHAPTER MAY BE RENEWED UPON APPLICATION THEREFOR
BY THE LICENSEE OR PERMITTEE AND THE PAYMENT OF THE ANNUAL FEE FOR  SUCH
LICENSE OR PERMIT AS PRESCRIBED BY THIS CHAPTER. IN THE CASE OF APPLICA-
TIONS  FOR RENEWALS, THE LIQUOR AUTHORITY MAY DISPENSE WITH THE REQUIRE-
MENTS OF SUCH STATEMENTS AS  IT  DEEMS  UNNECESSARY  IN  VIEW  OF  THOSE
CONTAINED  IN  THE  APPLICATION MADE FOR THE ORIGINAL LICENSE OR PERMIT,
BUT IN ANY EVENT THE SUBMISSION OF PHOTOGRAPHS OF THE LICENSED  PREMISES
SHALL  BE  DISPENSED WITH, PROVIDED THE APPLICANT FOR SUCH RENEWAL SHALL
FILE A STATEMENT WITH SUCH AUTHORITY TO THE EFFECT THAT THERE  HAS  BEEN
NO  ALTERATION  OF  SUCH PREMISES SINCE THE ORIGINAL LICENSE WAS ISSUED.
THE LIQUOR AUTHORITY MAY MAKE SUCH RULES AS MAY BE NECESSARY NOT  INCON-
SISTENT  WITH  THIS  CHAPTER  REGARDING  APPLICATIONS  FOR  RENEWALS  OF
LICENSES AND PERMITS AND THE TIME FOR MAKING THE SAME.
  2. THE AUTHORITY SHALL PROVIDE AN APPLICATION FOR RENEWAL OF A LICENSE
ISSUED UNDER THIS ARTICLE NOT LESS THAN SIXTY DAYS PRIOR TO THE  EXPIRA-
TION OF THE CURRENT LICENSE.
  S  179.  INFORMATION  TO  BE REQUESTED IN APPLICATIONS FOR LICENSES OR
PERMITS. 1. THE FOLLOWING SHALL BE THE INFORMATION REQUIRED ON AN APPLI-
CATION FOR A LICENSE OR PERMIT:
  (A) A STATEMENT OF IDENTITY AS FOLLOWS:
  (I) IF THE APPLICANT IS AN INDIVIDUAL, HIS OR HER NAME, DATE AND PLACE
OF BIRTH, CITIZENSHIP, PERMANENT  HOME  ADDRESS,  TELEPHONE  NUMBER  AND
SOCIAL  SECURITY  NUMBER,  AS WELL AS ANY OTHER NAMES BY WHICH HE OR SHE
HAS CONDUCTED A BUSINESS AT ANY TIME.
  (II) IF THE APPLICANT IS A CORPORATION,  THE  CORPORATE  NAME  OF  THE
APPLICANT, ITS PLACE OF INCORPORATION, ITS MAIN BUSINESS ADDRESS (AND IF
SUCH  MAIN  BUSINESS ADDRESS IS NOT WITHIN THE STATE, THE ADDRESS OF ITS
MAIN PLACE OF BUSINESS WITHIN THE STATE), OTHER NAMES BY  WHICH  IT  HAS
BEEN  KNOWN OR HAS CONDUCTED BUSINESS AT ANY TIME, ITS TELEPHONE NUMBER,
ITS FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND THE NAMES,  AGES,  CITI-
ZENSHIP, AND PERMANENT HOME ADDRESSES OF ITS DIRECTORS, OFFICERS AND ITS
SHAREHOLDERS  (EXCEPT  THAT  IF THERE BE MORE THAN TEN SHAREHOLDERS THEN
THOSE SHAREHOLDERS HOLDING TEN PERCENT OR  MORE  OF  ANY  CLASS  OF  ITS
SHARES).
  (III)  IF  THE APPLICANT IS A PARTNERSHIP, ITS NAME, ITS MAIN BUSINESS
ADDRESS (AND IF SUCH MAIN BUSINESS ADDRESS IS NOT WITHIN THE STATE,  THE
ADDRESS  OF ITS MAIN PLACE OF BUSINESS WITHIN THE STATE), OTHER NAMES BY
WHICH IT HAS BEEN KNOWN OR HAS CONDUCTED BUSINESS AT ANY TIME, ITS TELE-
PHONE NUMBER, ITS FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND THE NAMES,
AGES, CITIZENSHIP, AND PERMANENT HOME ADDRESSES OF EACH OF ITS PARTNERS.
  (B) A STATEMENT IDENTIFYING THE STREET AND NUMBER OF THE  PREMISES  TO
BE LICENSED, IF THE PREMISES HAS A STREET AND NUMBER, AND OTHERWISE SUCH

A. 3089--A                         31

DESCRIPTION  AS  WILL  REASONABLY  INDICATE THE LOCALITY THEREOF; PHOTO-
GRAPHS, DRAWINGS OR OTHER ITEMS RELATED TO THE APPEARANCE OF THE INTERI-
OR OR EXTERIOR OF SUCH PREMISES, AND A FLOOR PLAN OF THE INTERIOR, SHALL
BE  REQUIRED.  THE  APPLICANT  SHALL ALSO STATE THE NATURE OF HIS OR HER
INTEREST IN THE PREMISES; AND THE NAME OF ANY OTHER PERSON INTERESTED AS
A PARTNER, JOINT VENTURER, INVESTOR OR LENDER WITH THE APPLICANT  EITHER
IN THE PREMISES OR IN THE BUSINESS TO BE LICENSED.
  (C)  A DESCRIPTION OF ANY OTHER MARIHUANA LICENSE OR PERMIT UNDER THIS
CHAPTER, WITHIN THE PAST TEN YEARS, THE APPLICANT (INCLUDING  ANY  OFFI-
CERS,  DIRECTORS,  SHAREHOLDERS  OR  PARTNERS LISTED IN THE STATEMENT OF
IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION OR THE  SPOUSE  OF  ANY
SUCH PERSON) OR THE APPLICANT'S SPOUSE HELD OR APPLIED FOR.
  (D)  A STATEMENT THAT SUCH APPLICANT OR THE APPLICANT'S SPOUSE HAS NOT
BEEN CONVICTED OF A CRIME ADDRESSED BY THE  PROVISIONS  OF  SECTION  ONE
HUNDRED  EIGHTY-SEVEN  OF  THIS ARTICLE WHICH WOULD FORBID THE APPLICANT
(INCLUDING ANY OFFICERS, DIRECTORS, SHAREHOLDERS OR PARTNERS  LISTED  IN
THE STATEMENT OF IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION OR THE
SPOUSE  OF SUCH PERSON) OR THE APPLICANT'S SPOUSE TO TRAFFIC IN MARIHUA-
NA, A STATEMENT WHETHER OR NOT THE APPLICANT  (INCLUDING  ANY  OFFICERS,
DIRECTORS,  SHAREHOLDERS OR PARTNERS LISTED IN THE STATEMENT OF IDENTITY
UNDER PARAGRAPH (A) OF THIS  SUBDIVISION  OR  THE  SPOUSE  OF  ANY  SUCH
PERSON)  OR  THE APPLICANT'S SPOUSE IS AN OFFICIAL DESCRIBED IN SUBDIVI-
SION TWO OF SECTION ONE HUNDRED  SIXTY-EIGHT  OF  THIS  ARTICLE,  AND  A
DESCRIPTION  OF  ANY  CRIME  THAT THE APPLICANT (INCLUDING ANY OFFICERS,
DIRECTORS, SHAREHOLDERS OR PARTNERS LISTED UNDER PARAGRAPH (A)  OF  THIS
SUBDIVISION  OR THE SPOUSE OF ANY SUCH PERSON) OR THE APPLICANT'S SPOUSE
HAS BEEN CONVICTED OF AND WHETHER SUCH PERSON  HAS  RECEIVED  A  PARDON,
CERTIFICATE  OF GOOD CONDUCT OR CERTIFICATE OF RELIEF FROM DISABILITIES;
PROVIDED, HOWEVER, THAT NO PERSON SHALL BE DENIED ANY LICENSE SOLELY  ON
THE  GROUNDS  THAT  SUCH  PERSON  IS  THE  SPOUSE  OF A PERSON OTHERWISE
DISQUALIFIED FROM HOLDING A LICENSE UNDER THIS CHAPTER.
  (E) A STATEMENT THAT THE LOCATION AND LAYOUT OF  THE  PREMISES  TO  BE
LICENSED  DOES  NOT  VIOLATE ANY REQUIREMENT OF THIS CHAPTER RELATING TO
LOCATION AND LAYOUT OF LICENSED PREMISES, WITH A COPY OF THE CERTIFICATE
OF OCCUPANCY FOR THE PREMISES.
  (F) A STATEMENT THAT THE APPLICANT HAS CONTROL OF THE PREMISES  TO  BE
LICENSED  BY  OWNERSHIP OF A FEE INTEREST OR VIA A LEASEHOLD, MANAGEMENT
AGREEMENT, OR OTHER AGREEMENT GIVING  THE  APPLICANT  CONTROL  OVER  THE
PREMISES,  WITH  A  TERM  AT  LEAST AS LONG AS THE LICENSE FOR WHICH THE
APPLICATION IS BEING MADE, OR BY A BINDING CONTRACT TO ACQUIRE THE  SAME
AND  A STATEMENT OF IDENTITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION FOR
THE LESSOR OF ANY LEASEHOLD, MANAGER OF  ANY  MANAGEMENT  AGREEMENT,  OR
OTHER  AGREEMENT  GIVING THE APPLICANT CONTROL OVER THE PREMISES, WITH A
COPY OF THE LEASE, CONTRACT, MANAGEMENT AGREEMENT,  OR  OTHER  AGREEMENT
GIVING THE APPLICANT CONTROL OVER THE FOOD AND BEVERAGE AT THE PREMISES,
OR DEED EVIDENCING FEE OWNERSHIP OF THE PREMISES.
  (G)  A  FINANCIAL STATEMENT ADEQUATE TO SHOW ALL PERSONS WHO, DIRECTLY
OR INDIRECTLY HAVE AN ECONOMIC INTEREST IN THE ESTABLISHMENT OR ACQUISI-
TION OF THE BUSINESS FOR WHICH THE  LICENSE  OR  PERMIT  APPLICATION  IS
BEING  MADE,  TO  IDENTIFY  THE  SOURCES  OF FUNDS TO BE APPLIED IN SUCH
ESTABLISHMENT OR ACQUISITION, AND TO DESCRIBE THE TERMS  AND  CONDITIONS
GOVERNING  SUCH ESTABLISHMENT WITH COPIES OF SUCH FINANCIAL DOCUMENTS AS
THE AUTHORITY MAY REASONABLY REQUIRE.
  (H) THE FINGERPRINTS OF THE APPLICANTS. FINGERPRINTS SUBMITTED BY  THE
APPLICANTS  SHALL  BE  TRANSMITTED  TO  THE DIVISION OF CRIMINAL JUSTICE

A. 3089--A                         32

SERVICES AND MAY BE SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION FOR
STATE AND NATIONAL CRIMINAL HISTORY RECORD CHECKS.
  2. ALL LICENSE OR PERMIT APPLICATIONS SHALL BE SIGNED BY THE APPLICANT
(IF AN INDIVIDUAL), BY AN OFFICER (IF A CORPORATION), OR BY ALL PARTNERS
(IF A PARTNERSHIP). EACH PERSON SIGNING SUCH APPLICATION SHALL VERIFY IT
OR AFFIRM IT AS TRUE UNDER THE PENALTIES OF PERJURY.
  3. ALL LICENSE OR PERMIT APPLICATIONS SHALL BE ACCOMPANIED BY A CHECK,
DRAFT  OR OTHER FORMS OF PAYMENT AS THE AUTHORITY MAY REQUIRE OR AUTHOR-
IZE IN THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE OR PERMIT.
  4. IF THERE BE ANY CHANGE, AFTER THE FILING OF THE APPLICATION OR  THE
GRANTING  OF  A LICENSE, IN ANY OF THE FACTS REQUIRED TO BE SET FORTH IN
SUCH APPLICATION, A SUPPLEMENTAL STATEMENT GIVING NOTICE OF SUCH CHANGE,
COST AND SOURCE OF MONEY INVOLVED IN THE CHANGE, DULY VERIFIED, SHALL BE
FILED WITH THE AUTHORITY WITHIN TEN DAYS AFTER SUCH CHANGE.  FAILURE  TO
DO  SO  SHALL, IF WILLFUL AND DELIBERATE, BE CAUSE FOR REVOCATION OF THE
LICENSE.
  5. IN GIVING ANY NOTICE, OR TAKING ANY ACTION IN REFERENCE TO A LICEN-
SEE OF A LICENSED PREMISES, THE AUTHORITY MAY RELY UPON THE  INFORMATION
FURNISHED   IN  SUCH  APPLICATION  AND  IN  ANY  SUPPLEMENTAL  STATEMENT
CONNECTED THEREWITH, AND SUCH INFORMATION MAY BE PRESUMED TO BE CORRECT,
AND SHALL BE BINDING UPON A LICENSEE OR LICENSED PREMISES AS IF CORRECT.
ALL INFORMATION REQUIRED TO BE FURNISHED IN SUCH APPLICATION OR  SUPPLE-
MENTAL STATEMENTS SHALL BE DEEMED MATERIAL IN ANY PROSECUTION FOR PERJU-
RY,  ANY PROCEEDING TO REVOKE, CANCEL OR SUSPEND ANY LICENSE, AND IN THE
AUTHORITY'S DETERMINATION TO APPROVE OR DENY THE LICENSE.
  6. THE AUTHORITY MAY IN ITS DISCRETION WAIVE  THE  SUBMISSION  OF  ANY
CATEGORY  OF  INFORMATION  DESCRIBED IN THIS SECTION FOR ANY CATEGORY OF
LICENSE OR PERMIT, PROVIDED THAT IT SHALL NOT BE PERMITTED TO WAIVE  THE
REQUIREMENT  FOR  SUBMISSION  OF ANY SUCH CATEGORY OF INFORMATION SOLELY
FOR AN INDIVIDUAL APPLICANT OR APPLICANTS.
  S 180. NOTIFICATION TO MUNICIPALITIES. 1. NOT LESS  THAN  THIRTY  DAYS
BEFORE  FILING  ANY  OF  THE  FOLLOWING APPLICATIONS, AN APPLICANT SHALL
NOTIFY THE MUNICIPALITY IN WHICH THE PREMISES IS LOCATED OF SUCH  APPLI-
CANT'S INTENT TO FILE SUCH AN APPLICATION:
  (A) FOR A MARIHUANA PRODUCER;
  (B) FOR A MARIHUANA PROCESSOR LICENSE;
  (C) FOR A MARIHUANA RETAILER LICENSE; AND/OR
  (D) FOR A MARIHUANA RETAILER LICENSE FOR ON-PREMISES CONSUMPTION.
  2.  SUCH  NOTIFICATION SHALL BE MADE TO THE CLERK OF THE VILLAGE, TOWN
OR CITY, AS THE CASE MAY  BE,  WHEREIN  THE  PREMISES  IS  LOCATED.  FOR
PURPOSES OF THIS SECTION:
  (A) NOTIFICATION NEED ONLY BE GIVEN TO THE CLERK OF A VILLAGE WHEN THE
PREMISES IS LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE; AND
  (B)  IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSUANT
TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH JURIS-
DICTION OVER THE AREA IN WHICH THE PREMISES IS LOCATED SHALL BE  CONSID-
ERED THE APPROPRIATE PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.
  3.  FOR PURPOSES OF THIS SECTION, "SUBSTANTIAL CORPORATE CHANGE" SHALL
MEAN:
  (A) FOR A CORPORATION, A CHANGE OF EIGHTY PERCENT OR MORE OF THE OFFI-
CERS AND/OR DIRECTORS, OR A TRANSFER OF EIGHTY PERCENT OR MORE OF  STOCK
OF SUCH CORPORATION, OR AN EXISTING STOCKHOLDER OBTAINING EIGHTY PERCENT
OR MORE OF THE STOCK OF SUCH CORPORATION; AND
  (B)  FOR  A  LIMITED  LIABILITY COMPANY, A CHANGE OF EIGHTY PERCENT OR
MORE OF THE MANAGING MEMBERS OF THE COMPANY, OR  A  TRANSFER  OF  EIGHTY
PERCENT  OR  MORE  OF OWNERSHIP INTEREST IN SAID COMPANY, OR AN EXISTING

A. 3089--A                         33

MEMBER OBTAINING A CUMULATIVE OF EIGHTY PERCENT OR MORE OF THE OWNERSHIP
INTEREST IN SAID COMPANY.
  4. SUCH NOTIFICATION SHALL BE MADE IN SUCH FORM AS SHALL BE PRESCRIBED
BY THE RULES OF THE LIQUOR AUTHORITY.
  5.  A  MUNICIPALITY MAY EXPRESS AN OPINION FOR OR AGAINST THE GRANTING
OF SUCH APPLICATION. ANY SUCH OPINION SHALL BE DEEMED PART OF THE RECORD
UPON WHICH THE LIQUOR AUTHORITY MAKES ITS DETERMINATION TO GRANT OR DENY
THE APPLICATION.
  6. SUCH NOTIFICATION SHALL BE MADE BY: CERTIFIED MAIL, RETURN  RECEIPT
REQUESTED; OVERNIGHT DELIVERY SERVICE WITH PROOF OF MAILING; OR PERSONAL
SERVICE UPON THE OFFICES OF THE CLERK OR COMMUNITY BOARD.
  7.  THE  LIQUOR  AUTHORITY  SHALL REQUIRE SUCH NOTIFICATION TO BE ON A
STANDARDIZED FORM THAT CAN BE OBTAINED  ON  THE  INTERNET  OR  FROM  THE
LIQUOR AUTHORITY AND SUCH NOTIFICATION TO INCLUDE:
  (A)  THE TRADE NAME OR "DOING BUSINESS AS" NAME, IF ANY, OF THE ESTAB-
LISHMENT;
  (B) THE FULL NAME OF THE APPLICANT;
  (C) THE STREET ADDRESS  OF  THE  ESTABLISHMENT,  INCLUDING  THE  FLOOR
LOCATION OR ROOM NUMBER, IF APPLICABLE;
  (D)  THE  MAILING  ADDRESS OF THE ESTABLISHMENT, IF DIFFERENT THAN THE
STREET ADDRESS;
  (E) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE ATTORNEY  OR  REPRE-
SENTATIVE OF THE APPLICANT, IF ANY;
  (F) A STATEMENT INDICATING WHETHER THE APPLICATION IS FOR:
  (I) A NEW ESTABLISHMENT;
  (II) A TRANSFER OF AN EXISTING LICENSED BUSINESS;
  (III) A RENEWAL OF AN EXISTING LICENSE; OR
  (IV) AN ALTERATION OF AN EXISTING LICENSED PREMISES;
  (G)  IF  THE  ESTABLISHMENT IS A TRANSFER OR PREVIOUSLY LICENSED PREM-
ISES, THE NAME OF THE OLD ESTABLISHMENT AND SUCH ESTABLISHMENT'S LICENSE
SERIAL NUMBER;
  (H) IN THE CASE OF A RENEWAL OR ALTERATION  APPLICATION,  THE  LICENSE
SERIAL NUMBER OF THE APPLICANT; AND
  (I) THE TYPE OF LICENSE.
  S 181. LICENSES, PUBLICATION, GENERAL PROVISIONS. 1. THE VARIOUS TYPES
OF  LICENSES  ISSUED  PURSUANT  TO  THIS CHAPTER SHALL BE DISTINCTIVE IN
COLOR AND DESIGN SO AS TO BE READILY DISTINGUISHABLE FROM EACH OTHER.
  2. NO LICENSE SHALL BE TRANSFERABLE OR ASSIGNABLE EXCEPT THAT NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, THE LICENSE OF  A  SOLE  PROPRIETOR
CONVERTING  TO  CORPORATE  FORM,  WHERE SUCH PROPRIETOR BECOMES THE SOLE
STOCKHOLDER AND ONLY OFFICER AND DIRECTOR OF SUCH NEW  CORPORATION,  MAY
BE  TRANSFERRED  TO  THE SUBJECT CORPORATION IF ALL REQUIREMENTS OF THIS
CHAPTER REMAIN THE SAME WITH RESPECT TO SUCH LICENSE AS TRANSFERRED AND,
FURTHER, THE LICENSEE SHALL TRANSMIT TO THE AUTHORITY, WITHIN  TEN  DAYS
OF  THE  TRANSFER OF LICENSE ALLOWABLE UNDER THIS SUBDIVISION, ON A FORM
PRESCRIBED BY THE  AUTHORITY,  NOTIFICATION  OF  THE  TRANSFER  OF  SUCH
LICENSE.
  3. NO LICENSE SHALL BE PLEDGED OR DEPOSITED AS COLLATERAL SECURITY FOR
ANY  LOAN  OR  UPON ANY OTHER CONDITION; AND ANY SUCH PLEDGE OR DEPOSIT,
AND ANY CONTRACT PROVIDING THEREFOR, SHALL BE VOID.
  4. LICENSES ISSUED UNDER THIS ARTICLE SHALL CONTAIN,  IN  ADDITION  TO
ANY FURTHER INFORMATION OR MATERIAL TO BE PRESCRIBED BY THE RULES OF THE
LIQUOR  AUTHORITY, THE FOLLOWING INFORMATION: (A) NAME OF PERSON TO WHOM
LICENSE IS ISSUED; (B) KIND OF LICENSE AND WHAT KIND OF TRAFFIC IN MARI-
HUANA IS THEREBY PERMITTED; (C) DESCRIPTION BY  STREET  AND  NUMBER,  OR
OTHERWISE,  OF  LICENSED PREMISES; AND (D) A STATEMENT IN SUBSTANCE THAT

A. 3089--A                         34

SUCH LICENSE SHALL NOT BE DEEMED A PROPERTY OR VESTED RIGHT, AND THAT IT
MAY BE REVOKED AT ANY TIME PURSUANT TO LAW.
  5.  THERE  SHALL  BE  PRINTED AND FURNISHED BY THE LIQUOR AUTHORITY TO
EACH LICENSEE A STATEMENT OF  THE  CAUSES  FOR  WHICH  LICENSES  MAY  BE
REVOKED.  SUCH  STATEMENT  SHALL BE PREPARED BY THE LIQUOR AUTHORITY AND
DELIVERED TO THE LICENSEE WITH HIS OR HER LICENSE OR AS SOON  THEREAFTER
AS  MAY BE PRACTICABLE. ANY AMENDMENTS THERETO SHALL ALSO BE SENT BY THE
LIQUOR AUTHORITY TO ALL LICENSEES AS SOON AS MAY  BE  PRACTICABLE  AFTER
SUCH  AMENDMENTS. FAILURE TO SEND SUCH STATEMENTS OR CHANGES THEREIN, OR
FAILURE TO RECEIVE THE SAME, OR ANY MISSTATEMENT OR ERROR  CONTAINED  IN
SUCH STATEMENTS OR AMENDMENTS SHALL, HOWEVER, NOT BE AN EXCUSE OR JUSTI-
FICATION FOR ANY VIOLATION OF LAW, OR PREVENT, OR REMIT, OR DECREASE ANY
PENALTY OR FORFEITURE THEREFOR.
  6.  BEFORE  COMMENCING  OR DOING ANY BUSINESS FOR THE TIME FOR WHICH A
LICENSE HAS BEEN ISSUED SAID LICENSE SHALL BE  ENCLOSED  IN  A  SUITABLE
WOOD OR METAL FRAME HAVING A CLEAR GLASS SPACE AND A SUBSTANTIAL WOOD OR
METAL  BACK  SO  THAT THE WHOLE OF SAID LICENSE MAY BE SEEN THEREIN, AND
SHALL BE POSTED UP AND AT ALL TIMES DISPLAYED IN A CONSPICUOUS PLACE  IN
THE ROOM WHERE SUCH BUSINESS IS CARRIED ON, SO THAT ALL PERSONS VISITING
SUCH PLACE MAY READILY SEE THE SAME. IT SHALL BE UNLAWFUL FOR ANY PERSON
HOLDING  A  LICENSE TO POST SUCH LICENSE OR TO PERMIT SUCH LICENSE TO BE
POSTED UPON PREMISES OTHER THAN THE PREMISES LICENSED, OR UPON  PREMISES
WHERE  TRAFFIC IN MARIHUANA IS BEING CARRIED ON BY ANY PERSON OTHER THAN
THE LICENSEE, OR KNOWINGLY TO DEFACE, DESTROY OR ALTER ANY SUCH  LICENSE
IN  ANY  RESPECT.  WHENEVER A LICENSE SHALL BE LOST OR DESTROYED WITHOUT
FAULT ON THE PART OF THE LICENSEE OR HIS OR HER AGENTS OR  EMPLOYEES,  A
DUPLICATE  LICENSE IN LIEU THEREOF MAY BE ISSUED BY THE LIQUOR AUTHORITY
IN ITS DISCRETION AND IN ACCORDANCE WITH SUCH RULES AND REGULATIONS  AND
THE  PAYMENT  OF  SUCH  FEES,  NOT  EXCEEDING  FIVE  DOLLARS,  AS IT MAY
PRESCRIBE.
  S 182. REVOCATION OF LICENSES FOR CAUSE.  1.  ANY  LICENSE  OR  PERMIT
ISSUED  PURSUANT  TO  THIS  ARTICLE MAY BE REVOKED, CANCELLED, SUSPENDED
AND/OR SUBJECTED TO THE IMPOSITION OF A CIVIL  PENALTY  FOR  CAUSE,  AND
MUST BE REVOKED FOR THE FOLLOWING CAUSES:
  (A)  CONVICTION  OF  THE  LICENSEE,  PERMITTEE  OR HIS OR HER AGENT OR
EMPLOYEE FOR SELLING ANY ILLEGAL MARIHUANA ON THE PREMISES LICENSED.
  (B) FOR TRANSFERRING, ASSIGNING OR HYPOTHECATING A LICENSE OR PERMIT.
  2. NOTWITHSTANDING THE ISSUANCE OF A  LICENSE  OR  PERMIT  BY  WAY  OF
RENEWAL, THE LIQUOR AUTHORITY MAY REVOKE, CANCEL OR SUSPEND SUCH LICENSE
OR  PERMIT  AND/OR MAY IMPOSE A CIVIL PENALTY AGAINST ANY HOLDER OF SUCH
LICENSE OR PERMIT, AS PRESCRIBED BY THIS SECTION AND SECTION ONE HUNDRED
NINETEEN OF THIS CHAPTER, FOR CAUSES OR VIOLATIONS OCCURRING DURING  THE
LICENSE  PERIOD  IMMEDIATELY  PRECEDING  THE ISSUANCE OF SUCH LICENSE OR
PERMIT, AND MAY RECOVER, AS PROVIDED IN SECTION ONE  HUNDRED  TWELVE  OF
THIS CHAPTER, THE PENAL SUM OF THE BOND ON FILE DURING SAID PERIOD.
  3.  AS  USED  IN THIS SECTION, THE TERM "FOR CAUSE" SHALL ALSO INCLUDE
THE EXISTENCE OF A SUSTAINED AND CONTINUING PATTERN OF  NOISE,  DISTURB-
ANCE, MISCONDUCT, OR DISORDER ON OR ABOUT THE LICENSED PREMISES, RELATED
TO  THE  OPERATION  OF THE PREMISES OR THE CONDUCT OF ITS PATRONS, WHICH
ADVERSELY AFFECTS THE HEALTH, WELFARE OR SAFETY OF  THE  INHABITANTS  OF
THE AREA IN WHICH SUCH LICENSED PREMISES ARE LOCATED.
  4.  THE  EXISTENCE  OF  A  SUSTAINED  AND CONTINUING PATTERN OF NOISE,
DISTURBANCE, MISCONDUCT, OR DISORDER ON OR ABOUT THE LICENSED  PREMISES,
RELATED  TO THE OPERATION OF THE PREMISES OR THE CONDUCT OF ITS PATRONS,
WILL BE PRESUMED UPON THE SIXTH INCIDENT REPORTED TO THE AUTHORITY BY  A
LAW ENFORCEMENT AGENCY OF NOISE OR DISTURBANCE OR MISCONDUCT OR DISORDER

A. 3089--A                         35

ON  OR  ABOUT  THE  LICENSED PREMISES OR RELATED TO THE OPERATION OF THE
PREMISES OR THE CONDUCT OF ITS PATRONS, IN ANY SIXTY DAY PERIOD,  ABSENT
CLEAR AND CONVINCING EVIDENCE OF EITHER FRAUDULENT INTENT ON THE PART OF
ANY  COMPLAINANT  OR  A FACTUAL ERROR WITH RESPECT TO THE CONTENT OF ANY
REPORT CONCERNING SUCH COMPLAINT RELIED UPON BY THE AUTHORITY.
  S 183. PROCEDURE FOR REVOCATION OR CANCELLATION.  1.  ANY  LICENSE  OR
PERMIT  ISSUED  BY  THE LIQUOR AUTHORITY PURSUANT TO THIS ARTICLE MAY BE
REVOKED, CANCELLED OR SUSPENDED AND/OR BE SUBJECTED TO THE IMPOSITION OF
A MONETARY PENALTY IN THE MANNER PRESCRIBED BY THIS SECTION.
  2. THE LIQUOR AUTHORITY MAY ON ITS OWN INITIATIVE OR ON  COMPLAINT  OF
ANY PERSON INSTITUTE PROCEEDINGS TO REVOKE, CANCEL OR SUSPEND ANY RETAIL
LICENSE  AND  MAY  IMPOSE  A  CIVIL PENALTY AGAINST THE LICENSEE AFTER A
HEARING AT WHICH THE LICENSEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.
SUCH HEARING SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE
PRESCRIBED BY THE RULES OF THE LIQUOR AUTHORITY.
  3. ALL OTHER LICENSES OR PERMITS ISSUED  UNDER  THIS  CHAPTER  MAY  BE
REVOKED, CANCELLED, SUSPENDED AND/OR MADE SUBJECT TO THE IMPOSITION OF A
CIVIL  PENALTY BY THE LIQUOR AUTHORITY AFTER A HEARING TO BE HELD IN THE
MANNER TO BE DETERMINED BY THE RULES OF THE LIQUOR AUTHORITY.
  4. (A) THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY IN ALL CASES  OF
LICENSEE  OR  PERMITTEE  FAILURE  AFTER RECEIVING APPROPRIATE NOTICE, TO
COMPLY WITH A SUMMONS, SUBPOENA OR WARRANT RELATING TO  A  PATERNITY  OR
CHILD  SUPPORT  PROCEEDING  AND  ARREARS  IN PAYMENT OF CHILD SUPPORT OR
COMBINED CHILD AND SPOUSAL SUPPORT REFERRED TO THE AUTHORITY BY A  COURT
PURSUANT  TO THE REQUIREMENTS OF SECTION TWO HUNDRED FORTY-FOUR-C OF THE
DOMESTIC RELATIONS LAW OR PURSUANT TO SECTION FOUR HUNDRED FIFTY-EIGHT-B
OR FIVE HUNDRED FORTY-EIGHT-B OF THE FAMILY COURT ACT.
  (B) UPON RECEIPT OF AN ORDER  FROM  THE  COURT  BASED  ON  ARREARS  IN
PAYMENT  OF CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT PURSUANT
TO ONE OF THE FOREGOING PROVISIONS OF LAW, THE AUTHORITY,  IF  IT  FINDS
SUCH PERSON TO HAVE BEEN ISSUED A LICENSE OR PERMIT, SHALL WITHIN THIRTY
DAYS  OF  RECEIPT  OF  SUCH  ORDER FROM THE COURT, PROVIDE NOTICE TO THE
LICENSEE OR PERMITTEE OF, AND INITIATE, A HEARING WHICH SHALL BE HELD AT
LEAST TWENTY DAYS AND NO MORE THAN THIRTY DAYS AFTER THE SENDING OF SUCH
NOTICE TO THE LICENSEE OR PERMITTEE. THE HEARING SHALL  BE  SOLELY  HELD
FOR  THE  PURPOSE  OF DETERMINING WHETHER THERE EXISTS AS OF THE DATE OF
THE HEARING PROOF THAT FULL PAYMENT OF ALL  ARREARS  OF  SUPPORT  ESTAB-
LISHED  BY THE ORDER OF THE COURT TO BE DUE FROM THE LICENSEE OR PERMIT-
TEE HAVE BEEN PAID. PROOF OF SUCH PAYMENT SHALL  BE  A  CERTIFIED  CHECK
SHOWING  FULL  PAYMENT  OF ESTABLISHED ARREARS OR A NOTICE ISSUED BY THE
COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE ORDER IS PAYABLE TO  THE
SUPPORT  COLLECTION  UNIT  DESIGNATED BY THE APPROPRIATE SOCIAL SERVICES
DISTRICT. SUCH NOTICE SHALL STATE THAT FULL PAYMENT OF  ALL  ARREARS  OF
SUPPORT  ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE HAVE BEEN PAID.
THE LICENSEE OR PERMITTEE SHALL BE GIVEN  FULL  OPPORTUNITY  TO  PRESENT
SUCH  PROOF  OF PAYMENT AT THE HEARING IN PERSON OR BY COUNSEL. THE ONLY
ISSUE TO BE DETERMINED BY THE AUTHORITY AS A RESULT OF  THE  HEARING  IS
WHETHER  THE  ARREARS  HAVE  BEEN  PAID. NO EVIDENCE WITH RESPECT TO THE
APPROPRIATENESS OF THE COURT ORDER OR ABILITY OF THE RESPONDENT PARTY IN
ARREARS TO COMPLY WITH SUCH ORDER SHALL BE RECEIVED OR CONSIDERED BY THE
AUTHORITY.
  (C) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE  OR  OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH LICENSE OR PERMIT SHALL
BE  SUSPENDED  IF  AT THE HEARING, PROVIDED FOR BY PARAGRAPH (B) OF THIS
SUBDIVISION, THE LICENSEE OR PERMITTEE FAILS TO PRESENT PROOF OF PAYMENT
AS REQUIRED BY SUCH SUBDIVISION.  SUCH SUSPENSION SHALL  NOT  BE  LIFTED

A. 3089--A                         36

UNLESS  THE  COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE COURT ORDER
IS PAYABLE TO THE SUPPORT COLLECTION UNIT DESIGNATED BY THE  APPROPRIATE
SOCIAL  SERVICES  DISTRICT,  ISSUES  NOTICE  TO  THE AUTHORITY THAT FULL
PAYMENT  OF ALL ARREARS OF SUPPORT ESTABLISHED BY THE ORDER OF THE COURT
TO BE DUE HAVE BEEN PAID.
  (D) UPON RECEIPT OF AN ORDER FROM THE COURT BASED ON FAILURE TO COMPLY
WITH A SUMMONS, SUBPOENA, OR WARRANT RELATING TO A  PATERNITY  OR  CHILD
SUPPORT  PROCEEDING,  THE  AUTHORITY,  IF  IT FINDS SUCH PERSON HAS BEEN
ISSUED A LICENSE OR PERMIT, SHALL WITHIN THIRTY DAYS OF RECEIPT OF  SUCH
ORDER  FROM  THE COURT, PROVIDE NOTICE TO THE LICENSEE OR PERMITTEE THAT
HIS OR HER LICENSE SHALL BE SUSPENDED IN SIXTY DAYS  UNLESS  THE  CONDI-
TIONS IN PARAGRAPH (E) OF THIS SUBDIVISION ARE MET.
  (E)  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH LICENSE OR PERMIT SHALL
BE SUSPENDED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (C) OF  THIS
SUBDIVISION UNLESS THE COURT TERMINATES ITS ORDER TO COMMENCE SUSPENSION
PROCEEDINGS. SUCH SUSPENSION SHALL NOT BE LIFTED UNLESS THE COURT ISSUES
AN  ORDER  TO THE AUTHORITY TERMINATING ITS ORDER TO COMMENCE SUSPENSION
PROCEEDINGS.
  (F) THE AUTHORITY SHALL INFORM THE COURT OF ALL  ACTIONS  TAKEN  HERE-
UNDER AS REQUIRED BY LAW.
  (G)  THIS  SUBDIVISION APPLIES TO SUPPORT OBLIGATIONS PAID PURSUANT TO
ANY ORDER OF CHILD SUPPORT OR CHILD AND  SPOUSAL  SUPPORT  ISSUED  UNDER
PROVISIONS OF SECTION TWO HUNDRED THIRTY-SIX OR TWO HUNDRED FORTY OF THE
DOMESTIC  RELATIONS  LAW,  OR ARTICLE FOUR, FIVE OR FIVE-A OF THE FAMILY
COURT ACT.
  (H) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE  OR  OF
ANY  OTHER  PROVISION  OF  LAW  TO  THE CONTRARY, THE PROVISIONS OF THIS
SUBDIVISION SHALL APPLY TO THE EXCLUSION OF ANY  OTHER  REQUIREMENTS  OF
THIS ARTICLE AND TO THE EXCLUSION OF ANY OTHER REQUIREMENT OF LAW TO THE
CONTRARY.
  5.  WHERE  A  LICENSEE IS CONVICTED OF TWO OR MORE QUALIFYING OFFENSES
WITHIN A FIVE YEAR PERIOD, THE AUTHORITY, UPON RECEIPT  OF  NOTIFICATION
OF  SUCH  SECOND  OR SUBSEQUENT CONVICTION PURSUANT TO THE PROVISIONS OF
SUBDIVISION TWO OF SECTION ONE HUNDRED SIX-A OF THIS CHAPTER, SHALL,  IN
ADDITION  TO  ANY  OTHER  SANCTION  OR CIVIL OR CRIMINAL PENALTY IMPOSED
PURSUANT TO THIS CHAPTER, IMPOSE ON SUCH LICENSEE A CIVIL PENALTY NOT TO
EXCEED FIVE HUNDRED DOLLARS. FOR PURPOSES OF THIS SUBDIVISION, A  QUALI-
FYING  OFFENSE SHALL MEAN: (A) THE OFFENSE DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-FIVE OF THIS CHAPTER; OR (B) THE OFFENSE DEFINED IN  PARA-
GRAPH  (B)  OF  SUBDIVISION ONE OF SECTION SIXTY-FIVE-B OF THIS CHAPTER.
FOR PURPOSES OF THIS SUBDIVISION, A  CONVICTION  OF  A  LICENSEE  OR  AN
EMPLOYEE OR AGENT OF SUCH LICENSEE SHALL CONSTITUTE A CONVICTION OF SUCH
LICENSEE.
  S  184.  DECISIONS  OF  LIQUOR  AUTHORITY  AND  REVIEW  BY THE COURTS.
PROVISIONS OF SECTIONS ONE HUNDRED TWENTY, ONE  HUNDRED  TWENTY-ONE  AND
ONE  HUNDRED  TWENTY-FOUR  OF  THIS  CHAPTER  SHALL  APPLY  TO MARIHUANA
LICENSES ISSUED UNDER THIS ARTICLE.
  S 185. MINORITY AND WOMEN BUSINESS ENTERPRISES. THE  LIQUOR  AUTHORITY
SHALL:
  1.  ACTIVELY  PROMOTE  RACIAL,  ETHNIC,  AND GEOGRAPHIC DIVERSITY WHEN
LICENSING MARIHUANA GROWERS, PROCESSORS, AND RETAILERS;
  2. ENCOURAGE APPLICANTS WHO QUALIFY AS A MINORITY AND/OR  WOMEN  BUSI-
NESS  ENTERPRISE,  AS DEFINED IN SECTION THREE HUNDRED TEN OF THE EXECU-
TIVE LAW, TO APPLY FOR LICENSES; AND

A. 3089--A                         37

  3. IN ACCORDANCE WITH THE OFFICIAL COMPILATION  OF  CODES,  RULES  AND
REGULATIONS  OF  THE  STATE  OF NEW YORK TITLE 5, DEPARTMENT OF ECONOMIC
DEVELOPMENT, CHAPTER XIV, DIVISION  OF  MINORITY  AND  WOMEN'S  BUSINESS
DEVELOPMENT,  PART 141, SUBMIT AN ANNUAL MASTER GOAL PLAN TO PROMOTE THE
INCLUSION  OF:  (A) MINORITY-OWNED BUSINESS ENTERPRISES; (B) WOMEN-OWNED
BUSINESS ENTERPRISES; AND (C) MINORITY- AND WOMEN-OWNED BUSINESS  ENTER-
PRISES WITH JUSTIFICATIONS FOR SUCH GOALS.
  S  186.  DISPOSITION  OF  MONEYS RECEIVED FOR LICENSE FEES. THE MONEYS
RECEIVED FOR LICENSE FEES FOR  MARIHUANA  PRODUCER  LICENSES,  MARIHUANA
PROCESSOR LICENSES, AND MARIHUANA RETAILER LICENSES PROVIDED FOR IN THIS
CHAPTER  SHALL BE TURNED OVER BY THE LIQUOR AUTHORITY TO THE STATE COMP-
TROLLER. IT SHALL BE PLACED BY THE STATE COMPTROLLER IN THE FUND DERIVED
FROM THE PROCEEDS OF THE TAXES ON  MARIHUANA  PROVIDED  FOR  IN  ARTICLE
EIGHTEEN-A  OF  THE  TAX LAW AND BECOME A PART THEREOF AND BE SUBJECT TO
ALL OF THE PROVISIONS OF LAW RELATING TO SUCH FUND.
  S 187. PERSONS  FORBIDDEN  TO  TRAFFIC  IN  MARIHUANA.  THE  FOLLOWING
PERSONS ARE FORBIDDEN TO TRAFFIC IN MARIHUANA:
  1.  EXCEPT  AS PROVIDED IN SUBDIVISION ONE-A OF THIS SECTION, A PERSON
WHO HAS BEEN CONVICTED OF A CLASS B VIOLENT FELONY OFFENSE,  A  CLASS  C
VIOLENT  FELONY  OFFENSE, A CLASS D VIOLENT FELONY OFFENSE, OR A CLASS E
VIOLENT FELONY OFFENSE AS DEFINED BY SECTION 70.02  OF  THE  PENAL  LAW,
UNLESS  SUBSEQUENT TO SUCH CONVICTION SUCH PERSON SHALL HAVE RECEIVED AN
EXECUTIVE PARDON THEREFOR REMOVING THIS  DISABILITY,  A  CERTIFICATE  OF
GOOD  CONDUCT  GRANTED  BY  THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, OR A CERTIFICATE OF RELIEF FROM DISABILITIES GRANTED BY THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR A COURT  OF  THIS
STATE  PURSUANT  TO  THE  PROVISIONS  OF  ARTICLE  TWENTY-THREE  OF  THE
CORRECTION LAW TO REMOVE THE DISABILITY UNDER THIS  SECTION  BECAUSE  OF
SUCH CONVICTION.
  1-A. NOTWITHSTANDING THE PROVISION OF SUBDIVISION ONE OF THIS SECTION,
A  CORPORATION HOLDING A LICENSE TO TRAFFIC IN MARIHUANA SHALL NOT, UPON
CONVICTION OF A FELONY OR ANY OF THE MISDEMEANORS OR OFFENSES  DESCRIBED
IN  SUBDIVISION ONE OF THIS SECTION, BE AUTOMATICALLY FORBIDDEN TO TRAF-
FIC IN MARIHUANA, BUT THE APPLICATION FOR A LICENSE  BY  SUCH  A  CORPO-
RATION SHALL BE SUBJECT TO DENIAL, AND THE LICENSE OF SUCH A CORPORATION
SHALL  BE  SUBJECT TO REVOCATION OR SUSPENSION BY THE AUTHORITY PURSUANT
TO SECTION ONE HUNDRED EIGHTEEN OF THIS  CHAPTER,  CONSISTENT  WITH  THE
PROVISIONS  OF  ARTICLE  TWENTY-THREE-A  OF  THE CORRECTION LAW. FOR ANY
FELONY CONVICTION BY A COURT OTHER THAN  A  COURT  OF  THIS  STATE,  THE
AUTHORITY MAY REQUEST THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION  TO INVESTIGATE AND REVIEW THE FACTS AND CIRCUMSTANCES CONCERNING
SUCH A CONVICTION, AND SUCH DEPARTMENT SHALL, IF  SO  REQUESTED,  SUBMIT
ITS  FINDINGS  TO  THE  AUTHORITY  AS  TO  WHETHER  THE  CORPORATION HAS
CONDUCTED ITSELF IN A MANNER  SUCH  THAT  DISCRETIONARY  REVIEW  BY  THE
AUTHORITY  WOULD  NOT  BE  INCONSISTENT  WITH  THE  PUBLIC INTEREST. THE
DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPERVISION  MAY  CHARGE  THE
LICENSEE OR APPLICANT A FEE EQUIVALENT TO THE EXPENSES OF AN APPROPRIATE
INVESTIGATION  UNDER  THIS SUBDIVISION. FOR ANY CONVICTION RENDERED BY A
COURT OF THIS STATE, THE AUTHORITY MAY REQUEST THE CORPORATION,  IF  THE
CORPORATION  IS  ELIGIBLE FOR A CERTIFICATE OF RELIEF FROM DISABILITIES,
TO SEEK SUCH A CERTIFICATE FROM THE COURT WHICH RENDERED THE  CONVICTION
AND  TO SUBMIT SUCH A CERTIFICATE AS PART OF THE AUTHORITY'S DISCRETION-
ARY REVIEW PROCESS.
  2. A PERSON UNDER THE AGE OF TWENTY-ONE YEARS.
  3. A PERSON WHO IS NOT A CITIZEN OF THE  UNITED  STATES  OR  AN  ALIEN
LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES.

A. 3089--A                         38

  4.  A CO-PARTNERSHIP OR A CORPORATION, UNLESS EACH MEMBER OF THE PART-
NERSHIP, OR EACH OF THE PRINCIPAL OFFICERS AND DIRECTORS OF  THE  CORPO-
RATION,  IS A CITIZEN OF THE UNITED STATES OR AN ALIEN LAWFULLY ADMITTED
FOR PERMANENT RESIDENCE IN THE UNITED STATES, NOT LESS  THAN  TWENTY-ONE
YEARS  OF  AGE,  AND  HAS NOT BEEN CONVICTED OF ANY FELONY OR ANY OF THE
MISDEMEANORS, SPECIFIED IN SECTION 230.20 OR 230.40 OF THE PENAL LAW, OR
IF SO CONVICTED HAS RECEIVED, SUBSEQUENT TO SUCH CONVICTION,  AN  EXECU-
TIVE  PARDON  THEREFOR  REMOVING  THIS  DISABILITY A CERTIFICATE OF GOOD
CONDUCT GRANTED BY THE DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPER-
VISION,  OR  A  CERTIFICATE  OF  RELIEF FROM DISABILITIES GRANTED BY THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR A COURT  OF  THIS
STATE  PURSUANT  TO  THE  PROVISIONS  OF  ARTICLE  TWENTY-THREE  OF  THE
CORRECTION LAW TO REMOVE THE DISABILITY UNDER THIS  SECTION  BECAUSE  OF
SUCH  CONVICTION;  PROVIDED  HOWEVER  THAT A CORPORATION WHICH OTHERWISE
CONFORMS TO THE REQUIREMENTS OF THIS SECTION AND CHAPTER MAY BE LICENSED
IF EACH OF ITS PRINCIPAL OFFICERS AND MORE THAN ONE-HALF OF  ITS  DIREC-
TORS  ARE  CITIZENS OF THE UNITED STATES OR ALIENS LAWFULLY ADMITTED FOR
PERMANENT RESIDENCE IN THE UNITED STATES; AND PROVIDED  FURTHER  THAT  A
CORPORATION  ORGANIZED  UNDER  THE NOT-FOR-PROFIT CORPORATION LAW OR THE
EDUCATION LAW WHICH OTHERWISE  CONFORMS  TO  THE  REQUIREMENTS  OF  THIS
SECTION  AND  CHAPTER  MAY BE LICENSED IF EACH OF ITS PRINCIPAL OFFICERS
AND MORE THAN ONE-HALF OF ITS DIRECTORS ARE  NOT  LESS  THAN  TWENTY-ONE
YEARS  OF  AGE AND NONE OF ITS DIRECTORS ARE LESS THAN EIGHTEEN YEARS OF
AGE; AND  PROVIDED  FURTHER  THAT  A  CORPORATION  ORGANIZED  UNDER  THE
NOT-FOR-PROFIT  CORPORATION  LAW OR THE EDUCATION LAW AND LOCATED ON THE
PREMISES OF A COLLEGE AS DEFINED BY SECTION TWO  OF  THE  EDUCATION  LAW
WHICH OTHERWISE CONFORMS TO THE REQUIREMENTS OF THIS SECTION AND CHAPTER
MAY BE LICENSED IF EACH OF ITS PRINCIPAL OFFICERS AND EACH OF ITS DIREC-
TORS ARE NOT LESS THAN EIGHTEEN YEARS OF AGE.
  5. (A) A PERSON WHO SHALL HAVE HAD ANY LICENSE ISSUED UNDER THIS CHAP-
TER  REVOKED  FOR CAUSE, UNTIL THE EXPIRATION OF TWO YEARS FROM THE DATE
OF SUCH REVOCATION.
  (B) A PERSON NOT LICENSED UNDER THE PROVISIONS OF  THIS  CHAPTER,  WHO
HAS  BEEN CONVICTED OF A VIOLATION OF THIS CHAPTER, UNTIL THE EXPIRATION
OF TWO YEARS FROM THE DATE OF SUCH CONVICTION.
  6. A CORPORATION OR CO-PARTNERSHIP, IF ANY OFFICER AND DIRECTOR OR ANY
PARTNER, WHILE NOT LICENSED UNDER THE PROVISIONS OF  THIS  CHAPTER,  HAS
BEEN  CONVICTED  OF  A  VIOLATION  OF THIS CHAPTER, OR HAS HAD A LICENSE
ISSUED UNDER THIS CHAPTER REVOKED FOR CAUSE, UNTIL THE EXPIRATION OF TWO
YEARS FROM THE DATE OF SUCH CONVICTION OR REVOCATION.
  S 188. SURRENDER OF LICENSE; NOTICE TO POLICE OFFICIALS. WITHIN  THREE
DAYS  AFTER  A LICENSE SHALL HAVE BEEN REVOKED PURSUANT TO THIS CHAPTER,
NOTICE THEREOF SHALL BE GIVEN TO THE LICENSEE  BY  MAILING  SUCH  NOTICE
ADDRESSED  TO  HIM AT THE PREMISES LICENSED. NOTICE SHALL ALSO BE MAILED
TO THE OWNER OF THE PREMISES LICENSED. THE HOLDER OF SUCH LICENSE  SHALL
THEREUPON SURRENDER SAME TO THE LIQUOR AUTHORITY. THE MAILING THEREOF BY
THE  LICENSEE  TO  THE  LIQUOR  AUTHORITY  BY REGISTERED MAIL OR INSURED
PARCEL POST SHALL BE DEEMED SUFFICIENT COMPLIANCE WITH THIS SECTION. THE
LIQUOR AUTHORITY, IMMEDIATELY UPON GIVING NOTICE  OF  REVOCATION,  SHALL
SERVE A WRITTEN NOTICE THEREOF UPON THE COMMISSIONER OF POLICE, CHIEF OF
POLICE  OR  CHIEF  POLICE  OFFICER  OF THE CITY, OR VILLAGE IN WHICH THE
PREMISES FOR WHICH THE REVOKED LICENSE WAS ISSUED IS SITUATED,  OR  UPON
THE SHERIFF OF THE COUNTY OR A CONSTABLE OF THE TOWN IN CASE THE LICENSE
WAS  ISSUED  FOR  PREMISES SITUATED IN A TOWN AND NOT WITHIN ANY CITY OR
VILLAGE.  SUCH NOTICE SHALL INCLUDE A STATEMENT OF THE  NUMBER  OF  SUCH
LICENSE,  THE  NAME  AND  PLACE  OF RESIDENCE OF THE HOLDER THEREOF, THE

A. 3089--A                         39

LOCATION OF THE LICENSED PREMISES, AND THE DATE WHEN  SUCH  LICENSE  WAS
REVOKED.  IN  CASE SUCH LICENSE BE NOT FORTHWITH SURRENDERED, THE LIQUOR
AUTHORITY SHALL ISSUE A WRITTEN DEMAND FOR THE SURRENDER OF SUCH LICENSE
AND  DELIVER  SAID  DEMAND  TO  THE  SHERIFF  OF THE COUNTY IN WHICH THE
LICENSED PREMISES ARE LOCATED, OR TO ANY REPRESENTATIVE  OF  THE  LIQUOR
AUTHORITY,  AND  SAID  SHERIFF  OR REPRESENTATIVE SHALL IMMEDIATELY TAKE
POSSESSION OF SUCH LICENSE AND RETURN THE SAME TO THE LIQUOR AUTHORITY.
  S 189. AUTHORITY TO  PROMULGATE  RULES  AND  REGULATIONS.  THE  LIQUOR
AUTHORITY SHALL PROMULGATE AND IMPLEMENT ALL RULES AND REGULATIONS AS IT
DEEMS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THIS ARTICLE.
  S  190. PROTECTIONS FOR THE USE OF MARIHUANA. INDIVIDUALS AND LICENSED
ENTITIES SHALL NOT BE SUBJECT TO ARREST, PROSECUTION, OR PENALTY IN  ANY
MANNER,  OR  DENIED ANY RIGHT OR PRIVILEGE, INCLUDING BUT NOT LIMITED TO
CIVIL LIABILITY OR DISCIPLINARY ACTION BY A BUSINESS OR OCCUPATIONAL  OR
PROFESSIONAL  LICENSING  BOARD  OR  BUREAU, SOLELY FOR CONDUCT PERMITTED
UNDER THIS CHAPTER. FOR THE AVOIDANCE OF DOUBT, THE  APPELLATE  DIVISION
OF  THE  SUPREME COURT OF THE STATE OF NEW YORK, AND ANY DISCIPLINARY OR
CHARACTER AND FITNESS COMMITTEES ESTABLISHED BY  THEM  ARE  OCCUPATIONAL
AND  PROFESSIONAL  LICENSING  BOARDS WITHIN THE MEANING OF THIS SECTION.
STATE OR LOCAL LAW ENFORCEMENT AGENCIES  SHALL  NOT  COOPERATE  WITH  OR
PROVIDE  ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY AGENCY
THEREOF IN ENFORCING THE CONTROLLED SUBSTANCE ACT, 21, U.S.C.  S8012  ET
SEQ.,  SOLELY FOR ACTIONS CONSISTENT WITH THIS CHAPTER, EXCEPT AS PURSU-
ANT TO A VALID COURT ORDER.
  S 191.  CIVIL PROTECTIONS FOR THE USE OF  MARIHUANA.    THE  PRESENCE,
DETECTED  OR ESTABLISHED BY ANY MEANS OF CANNABINOIDS, CANNABINOID META-
BOLITES OR OTHER CHEMICALS FOUND  IN  MARIHUANA  IN  THE  BODY,  FLUIDS,
TISSUES  OR  OTHER  BODY  PARTS OF A PERSON ENGAGED IN CONDUCT PERMITTED
UNDER THIS CHAPTER BY:
  1. A STUDENT, EMPLOYEE, OR  TENANT,  SHALL  NOT  FORM  THE  BASIS  FOR
REFUSAL  TO  ENROLL  OR  EMPLOY  OR  LEASE TO OR OTHERWISE PENALIZE THAT
PERSON, UNLESS FAILING TO DO SO WOULD PUT THE SCHOOL, EMPLOYER, OR LAND-
LORD IN VIOLATION OF FEDERAL LAW OR CAUSE IT TO LOSE A FEDERAL  CONTRACT
OR FUNDING;
  2.  A  PATIENT,  SHALL  NOT CONSTITUTE THE USE OF AN ILLICIT SUBSTANCE
RESULTING IN DENIAL OF MEDICAL CARE, INCLUDING ORGAN TRANSPLANT,  AND  A
PATIENT'S  USE  OF  MARIHUANA  MAY  ONLY  BE  CONSIDERED WITH RESPECT TO
EVIDENCE-BASED CLINICAL CRITERIA; AND
  3. A PARENT OR LEGAL GUARDIAN OF A CHILD OR NEWBORN INFANT, OR A PREG-
NANT WOMAN, SHALL NOT FORM THE SOLE OR PRIMARY BASIS FOR ANY  ACTION  OR
PROCEEDING  BY  A CHILD WELFARE AGENCY UNDER TITLE ONE OF ARTICLE SIX OF
THE SOCIAL SERVICES LAW, OR A FAMILY COURT  UNDER  ARTICLE  TEN  OF  THE
FAMILY COURT ACT.
  S  192.  PROFESSIONAL  AND  MEDICAL  RECORD  KEEPING. ANY PROFESSIONAL
PROVIDING SERVICES IN CONNECTION WITH A LICENSED OR POTENTIALLY LICENSED
BUSINESS UNDER THIS CHAPTER, OR IN CONNECTION WITH OTHER CONDUCT PERMIT-
TED UNDER THIS CHAPTER, AND ANY MEDICAL PROFESSIONAL  PROVIDING  MEDICAL
CARE TO A PATIENT, MAY AGREE WITH THEIR CLIENT OR PATIENT TO MAINTAIN NO
RECORD,  OR  ANY  REDUCED  LEVEL OF RECORD KEEPING THAT PROFESSIONAL AND
CLIENT OR PATIENT MAY AGREE. IN CASE  OF  SUCH  AGREEMENT,  THE  PROFES-
SIONAL'S ONLY OBLIGATION SHALL BE TO KEEP SUCH RECORDS AS AGREED, AND TO
KEEP  A RECORD OF THE AGREEMENT.  SUCH REDUCED RECORD KEEPING IS CONDUCT
PERMITTED UNDER THIS CHAPTER,  AND  SHALL  ATTRACT  THE  PROTECTIONS  OF
SECTION ONE HUNDRED NINETY OF THIS ARTICLE.
  S  34.  The tax law is amended by adding a new article 18-A to read as
follows:

A. 3089--A                         40

                              ARTICLE 18-A
                    PROVISIONS RELATING TO MARIHUANA
SECTION 446.   DEFINITIONS.
        447.   TAXES IMPOSED.
        448.   SURETY BOND.
        449.   COLLECTION OF TAX.
        450.   FUND.
        450-A. LOCAL TAXES ON MARIHUANA BY A CITY OR TOWN.
        450-B. ORDINARY  AND  NECESSARY  EXPENSES  DEDUCTIBLE  FROM  NET
                 INCOME.
  S 446. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "CONCENTRATED CANNABIS" MEANS  (A)  THE  SEPARATED  RESIN,  WHETHER
CRUDE OR PURIFIED, OBTAINED FROM A PLANT OF THE GENUS CANNABIS; OR (B) A
MATERIAL,  PREPARATION,  MIXTURE,  COMPOUND  OR  OTHER  SUBSTANCE  WHICH
CONTAINS MORE THAN THREE PERCENT BY WEIGHT OF DELTA-9 TETRAHYDROCANNABI-
NOL, OR ITS ISOMER, DELTA-8 DIBENZOPYRAN NUMBERING  SYSTEM,  OR  DELTA-1
TETRAHYDROCANNABINOL  OR  ITS  ISOMER, DELTA 1 (6) MONOTERPENE NUMBERING
SYSTEM.
  2. "MARIHUANA" MEANS ALL PARTS OF THE PLANT  OF  THE  GENUS  CANNABIS,
WHETHER  GROWING OR NOT; THE SEEDS THEREOF; THE RESIN EXTRACTED FROM ANY
PART OF THE PLANT; AND EVERY COMPOUND,  MANUFACTURE,  SALT,  DERIVATIVE,
MIXTURE,  OR  PREPARATION  OF THE PLANT, ITS SEEDS OR RESIN. IT DOES NOT
INCLUDE THE MATURE STALKS OF THE PLANT, FIBER PRODUCED FROM THE  STALKS,
OIL  OR CAKE MADE FROM THE SEEDS OF THE PLANT, ANY OTHER COMPOUND, MANU-
FACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE MATURE  STALKS
(EXCEPT  THE  RESIN  EXTRACTED  THEREFROM),  FIBER, OIL, OR CAKE, OR THE
STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION. IT  DOES
NOT  INCLUDE  ALL PARTS OF THE PLANT CANNABIS SATIVA L., WHETHER GROWING
OR NOT, HAVING NO MORE THAN THREE-TENTHS OF ONE PERCENT TETRAHYDROCANNA-
BINOL (THC).
  3. "MARIHUANA CONSUMER" MEANS A PERSON  TWENTY-ONE  YEARS  OF  AGE  OR
OLDER  WHO PURCHASED MARIHUANA OR MARIHUANA PRODUCTS FOR PERSONAL USE BY
PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.
  4. "MARIHUANA PROCESSOR" MEANS A PERSON LICENSED BY THE  STATE  LIQUOR
AUTHORITY TO PURCHASE MARIHUANA AND CONCENTRATED CANNABIS FROM MARIHUANA
PRODUCERS,  TO  PROCESS  MARIHUANA, CONCENTRATED CANNABIS, AND MARIHUANA
INFUSED PRODUCTS, PACKAGE AND LABEL MARIHUANA, CONCENTRATED CANNABIS AND
MARIHUANA INFUSED PRODUCTS FOR SALE IN RETAIL OUTLETS, AND SELL MARIHUA-
NA, CONCENTRATED CANNABIS AND MARIHUANA INFUSED PRODUCTS AT WHOLESALE TO
MARIHUANA RETAILERS.
  5. "MARIHUANA PRODUCER" MEANS A PERSON LICENSED BY  THE  STATE  LIQUOR
AUTHORITY  TO  PRODUCE,  PROCESS,  AND  SELL  MARIHUANA AND CONCENTRATED
CANNABIS AT WHOLESALE TO MARIHUANA PROCESSORS, MARIHUANA  RETAILERS,  OR
OTHER MARIHUANA PRODUCERS, BUT NOT TO CONSUMERS.
  6.  "MARIHUANA  PRODUCTS"  MEANS MARIHUANA, CONCENTRATED CANNABIS, AND
MARIHUANA INFUSED PRODUCTS.
  7. "MARIHUANA-INFUSED PRODUCTS" MEANS PRODUCTS THAT CONTAIN MARIHUANA,
MARIHUANA EXTRACTS, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR  HUMAN
USE  OR CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS, OINT-
MENTS, AND TINCTURES.
  8. "IMMATURE MARIHUANA PLANT" MEANS A MARIHUANA PLANT WITH NO OBSERVA-
BLE FLOWERS OR BUDS.
  9. "MARIHUANA RETAILER" MEANS A PERSON LICENSED BY  THE  STATE  LIQUOR
AUTHORITY    TO   PURCHASE   MARIHUANA,   CONCENTRATED   CANNABIS,   AND
MARIHUANA-INFUSED  PRODUCTS  FROM  MARIHUANA  PRODUCERS  AND   MARIHUANA

A. 3089--A                         41

PROCESSORS  AND  SELL MARIHUANA, MARIHUANA INFUSED PRODUCTS, AND CONCEN-
TRATED CANNABIS IN A RETAIL OUTLET.
  10.  "MARIHUANA  RETAILER  FOR ON-PREMISES CONSUMPTION" MEANS A PERSON
LICENSED BY THE STATE LIQUOR AUTHORITY TO  PURCHASE  MARIHUANA,  CONCEN-
TRATED  CANNABIS,  AND MARIHUANA INFUSED PRODUCTS FROM MARIHUANA PRODUC-
ERS, MARIHUANA RETAILERS AND MARIHUANA  PROCESSORS  AND  SELL  MARIHUANA
PRODUCTS  FOR  A  CUSTOMER  TO  CONSUME WHILE THE CUSTOMER IS WITHIN THE
FACILITY.
  S 447. TAXES IMPOSED. 1. (A) AN EXCISE TAX IS HEREBY LEVIED UPON MARI-
HUANA SOLD OR OTHERWISE TRANSFERRED FROM  A  MARIHUANA  PROCESSOR  TO  A
RETAIL MARIHUANA STORE AT A RATE OF:
  (1) FIFTEEN PERCENT OF THE PRICE AT TRANSFER; AND
  (2)(A) THIRTY-FIVE DOLLARS PER OUNCE ON ALL MARIHUANA FLOWERS;
  (B) TEN DOLLARS PER OUNCE ON MARIHUANA LEAVES; AND
  (C) FIVE DOLLARS PER IMMATURE MARIHUANA PLANT.
  (B)  TAXES  ON  CONCENTRATED CANNABIS SHALL BE CALCULATED BASED ON THE
WEIGHT OF THE PRODUCT USED TO CREATE THE CONCENTRATE. IN THE EVENT  THAT
A PERSON HOLDS BOTH A MARIHUANA PRODUCER LICENSE AND A MARIHUANA PROCES-
SORS  LICENSE,  THE  EXCISE TAX SHALL BE LEVIED AT THE TIME OF SALE TO A
MARIHUANA RETAILER OR MARIHUANA RETAILER FOR ON-PREMISES CONSUMPTION  AT
THE  SAME  RATE  BASED  ON CONTENT OF MARIHUANA OR CONCENTRATED CANNABIS
CONTAINED IN THE PRODUCT SOLD.
  2. FOR REPORTING PERIODS BEGINNING ON OR AFTER JULY FIRST,  TWO  THOU-
SAND  SEVENTEEN,  THE RATES OF TAX UNDER SUBDIVISION ONE OF THIS SECTION
SHALL BE ADJUSTED FOR EACH  BIENNIUM  ACCORDING  TO  THE  COST-OF-LIVING
ADJUSTMENT  FOR  THE  CALENDAR YEAR. THE DEPARTMENT SHALL RE-COMPUTE THE
RATES FOR EACH BIENNIUM BY ADDING TO EACH RATE  IN  SUBDIVISION  ONE  OF
THIS  SECTION  THE  PRODUCT OBTAINED BY MULTIPLYING THE RATE BY A FACTOR
THAT IS EQUAL TO 0.25 MULTIPLIED BY THE PERCENTAGE (IF ANY) BY WHICH THE
MONTHLY AVERAGED U.S. CITY AVERAGE CONSUMER PRICE INDEX FOR  THE  TWELVE
CONSECUTIVE MONTHS ENDING AUGUST THIRTY-FIRST OF THE PRIOR CALENDAR YEAR
EXCEEDS  THE MONTHLY AVERAGED U.S. CITY AVERAGE CONSUMER PRICE INDEX FOR
THE TWELVE CONSECUTIVE MONTHS ENDING AUGUST THIRTY-FIRST,  TWO  THOUSAND
FIFTEEN.
  3.  THE  DEPARTMENT  SHALL REGULARLY REVIEW THE RATES OF THE TAX UNDER
SUBDIVISION ONE OF THIS SECTION AND MAKE RECOMMENDATIONS TO THE LEGISLA-
TURE REGARDING APPROPRIATE ADJUSTMENTS TO THE RATES  THAT  WILL  FURTHER
THE PURPOSES OF:
  (A) MAXIMIZING NET REVENUE;
  (B) MINIMIZING THE ILLEGAL MARIHUANA INDUSTRY; AND
  (C) DISCOURAGING THE USE OF MARIHUANA BY MINORS UNDER TWENTY-ONE YEARS
OF AGE.
  S  448.  SURETY  BOND.  MARIHUANA  RETAILER APPLICANTS ARE REQUIRED TO
SUBMIT A SURETY BOND WITH THE DEPARTMENT EQUAL  TO  TWO  MONTHS  OF  THE
CULTIVATION  FACILITY'S  ANTICIPATED  RETAIL  MARIHUANA  EXCISE TAX. THE
SURETY BOND MUST BE ISSUED BY A COMPANY AUTHORIZED TO DO BUSINESS IN THE
STATE. PROOF OF SURETY BOND IS  REQUIRED  FOR  APPROVAL  OF  APPLICANT'S
RETAIL LICENSE.
  S  449.  COLLECTION OF TAX. THIS TAX SHALL BE COLLECTED BY THE COMMIS-
SIONER WHO SHALL ESTABLISH A PROCEDURE FOR THE COLLECTION OF THIS TAX.
  S 450. FUND. PROCEEDS FROM THE TAX SHALL BE GIVEN TO THE  STATE  COMP-
TROLLER  FOR  PLACEMENT  IN  A  FUND  THAT SHALL BE KNOWN AS A MARIHUANA
REVENUE FUND. FIFTEEN PERCENT OF THE REVENUE COLLECTED IN THE  MARIHUANA
REVENUE FUND SHALL BE DIVIDED EQUALLY BETWEEN (A) THE DIVISION OF CRIMI-
NAL  JUSTICE  SERVICES  FOR  RE-ENTRY  SUPPORT  SERVICES FOR INDIVIDUALS
RELEASED FROM PRISON AFTER SERVING TIME FOR DRUG RELATED  OFFENSES;  (B)

A. 3089--A                         42

THE  OFFICE  OF  ALCOHOLISM  AND SUBSTANCE ABUSE SERVICES FOR DRUG ABUSE
PREVENTION AND TREATMENT PROGRAMS; AND (C) THE DEPARTMENT OF  LABOR  FOR
APPRENTICESHIP  AND  JOB  TRAINING  PROGRAMS  TARGETING, WITH PREFERENCE
GIVEN  TO  PROGRAMS  TARGETING  CENSUS  TRACTS WITH A POVERTY RATE OF AT
LEAST TWENTY PERCENT OR AN UNEMPLOYMENT RATE OF AT  LEAST  ONE  AND  ONE
QUARTER TIMES THE NEW YORK STATE UNEMPLOYMENT RATE. THE REMAINDER OF THE
REVENUE COLLECTED FROM THIS TAX SHALL GO INTO THE GENERAL FUND.  FOR THE
FIRST  FIVE  YEARS  OF  THE  FUND,  TEN  PERCENT  OF THE ANNUAL PROCEEDS
COLLECTED IN THE MARIHUANA REVENUE FUND SHALL BE PROVIDED TO  THE  STATE
LIQUOR AUTHORITY FOR PROGRAM ADMINISTRATION COSTS.
  S  450-A. LOCAL TAXES ON MARIHUANA BY A CITY OR TOWN. ANY CITY OR TOWN
IN THIS STATE, ACTING THROUGH ITS  LOCAL  LEGISLATIVE  BODY,  IS  HEREBY
AUTHORIZED  AND  EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IMPOSING IN ANY
SUCH CITY OR TOWN A SALES TAX ON MARIHUANA RETAILERS AT A RATE  OF  FIVE
PERCENT  OF  THE  SALE  PRICE  OF MARIHUANA PRODUCTS SOLD TO A MARIHUANA
CONSUMER. ANY TAXES IMPOSED PURSUANT TO THE AUTHORITY  OF  THIS  SECTION
SHALL  BE  ADMINISTERED  AND COLLECTED BY THE TAX COMMISSION IN THE SAME
MANNER AS THE TAXES IMPOSED UNDER SECTION  FOUR  HUNDRED  FORTY-NINE  OF
THIS  ARTICLE.  THE  COMMISSIONER  IS  HEREBY  EMPOWERED  TO  MAKE  SUCH
PROVISIONS AS IT  DEEMS  NECESSARY  FOR  THE  JOINT  ADMINISTRATION  AND
COLLECTION  OF  THE STATE AND LOCAL TAXES IMPOSED AND AUTHORIZED BY THIS
ARTICLE.
  S 450-B. ORDINARY AND NECESSARY EXPENSES DEDUCTIBLE FROM  NET  INCOME.
NOTWITHSTANDING  ANY  FEDERAL  TAX LAW TO THE CONTRARY, IN COMPUTING NET
INCOME FOR BUSINESSES EXEMPTED FROM CRIMINAL  PENALTIES  UNDER  ARTICLES
TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-ONE OF THE PENAL LAW AND ARTI-
CLE ELEVEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW, THERE SHALL BE ALLOWED
AS  A DEDUCTION FROM STATE TAXES ALL THE ORDINARY AND NECESSARY EXPENSES
PAID OR INCURRED DURING THE TAXABLE YEAR IN CARRYING  ON  ANY  TRADE  OR
BUSINESS,  INCLUDING, BUT NOT LIMITED TO, REASONABLE ALLOWANCE FOR SALA-
RIES OR OTHER COMPENSATION FOR PERSONAL SERVICES ACTUALLY RENDERED.
  S 35. Paragraphs (i), (j) and (k) of subdivision 3 of  section  160.50
of  the criminal procedure law, paragraphs (i) and (j) as added by chap-
ter 905 of the laws of 1977 and paragraph (k) as added by chapter 835 of
the laws of 1977 and as relettered by chapter 192 of the laws  of  1980,
are amended to read as follows:
  (i)  prior to the filing of an accusatory instrument in a local crimi-
nal court against such person, the prosecutor elects  not  to  prosecute
such  person.  In such event, the prosecutor shall serve a certification
of such disposition upon the division of criminal justice  services  and
upon  the appropriate police department or law enforcement agency which,
upon receipt thereof, shall comply with  the  provisions  of  paragraphs
(a),  (b),  (c)  and  (d) of subdivision one of this section in the same
manner as is required thereunder with respect to an  order  of  a  court
entered pursuant to said subdivision one[.]; OR
  (j)  following the arrest of such person, the arresting police agency,
prior to the filing of an accusatory  instrument  in  a  local  criminal
court  but subsequent to the forwarding of a copy of the fingerprints of
such person to the division of criminal justice services, elects not  to
proceed  further. In such event, the head of the arresting police agency
shall serve a certification of such disposition  upon  the  division  of
criminal justice services which, upon receipt thereof, shall comply with
the provisions of paragraphs (a), (b), (c) and (d) of subdivision one of
this  section  in the same manner as is required thereunder with respect
to an order of a court entered pursuant to said subdivision one[.]; OR

A. 3089--A                         43

  (k) (i) The accusatory instrument alleged a violation of  article  two
hundred  twenty  or section 240.36 of the penal law, prior to the taking
effect of article  two  hundred  twenty-one  of  the  penal  law,  or  a
violation  of  article two hundred twenty-one of the penal law; (ii) the
sole  controlled  substance involved is [marijuana] MARIHUANA; AND (iii)
the conviction was only for a violation  or  violations[;  and  (iv)  at
least three years have passed since the offense occurred].
  S  36.  Subdivision 1 of section 170.56 of the criminal procedure law,
as amended by chapter 360 of the laws of 1977, is  amended  to  read  as
follows:
  1.  Upon or after arraignment in a local criminal court upon an infor-
mation, a prosecutor's information or a misdemeanor complaint, where the
sole  remaining  count  or  counts  charge  a violation or violations of
section 221.05, [221.10,] 221.15, 221.35 or 221.40 of the penal law  and
before the entry of a plea of guilty thereto or commencement of  a trial
thereof,  the  court,  upon  motion  of  a defendant, may order that all
proceedings be suspended and the action adjourned  in  contemplation  of
dismissal,  or upon a finding that adjournment would not be necessary or
appropriate and the setting forth in the record of the reasons for  such
findings,  may  dismiss in furtherance of justice the accusatory instru-
ment; provided, however, that the court may not order  such  adjournment
in  contemplation  of dismissal or dismiss the accusatory instrument if:
(a) the defendant  has  previously  been  granted  such  adjournment  in
contemplation  of  dismissal,  or  (b) the defendant has previously been
granted a dismissal under this section, or (c) the defendant has  previ-
ously  been convicted of any offense involving controlled substances, or
(d) the defendant has previously been  convicted  of  a  crime  and  the
district  attorney  does not consent or (e) the defendant has previously
been adjudicated a youthful offender on the basis of  any  act  or  acts
involving  controlled  substances  and  the  district  attorney does not
consent.  NOTWITHSTANDING THE LIMITATIONS SET FORTH IN THIS SUBDIVISION,
THE COURT MAY ORDER THAT ALL PROCEEDINGS BE  SUSPENDED  AND  THE  ACTION
ADJOURNED  IN  CONTEMPLATION OF DISMISSAL BASED UPON A FINDING OF EXCEP-
TIONAL CIRCUMSTANCES. FOR  PURPOSES  OF  THIS  SUBDIVISION,  EXCEPTIONAL
CIRCUMSTANCES  EXIST WHEN, REGARDLESS OF THE ULTIMATE DISPOSITION OF THE
CASE, THE ENTRY OF A PLEA OF GUILTY IS LIKELY TO RESULT IN SEVERE COLLA-
TERAL CONSEQUENCES, INCLUDING, BUT NOT  LIMITED  TO,  THOSE  THAT  COULD
LEAVE A NONCITIZEN INADMISSIBLE OR DEPORTABLE FROM THE UNITED STATES.
  S  37.  Section  210.46  of  the criminal procedure law, as amended by
chapter 360 of the laws of 1977, is amended to read as follows:
S 210.46  Adjournment in contemplation of dismissal in  marihuana  cases
        in a superior court.
  Upon or after arraignment in a superior court upon an indictment where
the  sole  remaining count or counts charge a violation or violations of
section 221.05, [221.10,] 221.15, 221.35 or 221.40 of the penal law  and
before the entry of a plea of guilty thereto or commencement of a  trial
thereof,  the  court,  upon  motion  of  a defendant, may order that all
proceedings be suspended and the action adjourned  in  contemplation  of
dismissal  or  may  dismiss the indictment in furtherance of justice, in
accordance with the provisions of section 170.56 of this chapter.
  S 38. Paragraphs (h) and (i) of subdivision 1 of section 440.10 of the
criminal procedure law, paragraph (h) as amended and  paragraph  (i)  as
added  by  chapter  332 of the laws of 2010, are amended and a new para-
graph (j) is added to read as follows:
  (h) The judgment was obtained in violation of a right of the defendant
under the constitution of this state or of the United States; [or]

A. 3089--A                         44

  (i) The judgment is a conviction where the arresting charge was  under
section  240.37 (loitering for the purpose of engaging in a prostitution
offense, provided that the defendant was not alleged to be loitering for
the purpose of patronizing a prostitute or  promoting  prostitution)  or
230.00  (prostitution)  of  the  penal  law, and the defendant's partic-
ipation in the offense was a result of having been a victim of sex traf-
ficking under section 230.34 of the penal law or trafficking in  persons
under  the Trafficking Victims Protection Act (United States Code, title
22, chapter 78); provided that
  (i) a motion under this paragraph shall be made  with  due  diligence,
after the defendant has ceased to be a victim of such trafficking or has
sought  services  for victims of such trafficking, subject to reasonable
concerns for the safety of the defendant, family members of the  defend-
ant, or other victims of such trafficking that may be jeopardized by the
bringing  of  such  motion,  or  for  other  reasons consistent with the
purpose of this paragraph; and
  (ii) official documentation of the defendant's status as a  victim  of
sex  trafficking  or  trafficking  in persons at the time of the offense
from a federal, state or local government agency shall create a presump-
tion that the defendant's participation in the offense was a  result  of
having  been  a victim of sex trafficking or trafficking in persons, but
shall not be required for granting a motion under this paragraph[.]; OR
  (J) THE JUDGMENT OCCURRED PRIOR TO THE EFFECTIVE DATE  OF  THIS  PARA-
GRAPH AND IS A CONVICTION FOR:
  (I) AN OFFENSE AS DEFINED BY SECTION 221.10 OF THE PENAL LAW (CRIMINAL
POSSESSION  OF MARIHUANA IN THE FIFTH DEGREE), AS IN EFFECT PRIOR TO THE
EFFECTIVE DATE OF THIS PARAGRAPH, PROVIDED THAT THE  ACCUSATORY  INSTRU-
MENT THAT UNDERLIES THE JUDGMENT DOES NOT INCLUDE AN ALLEGATION THAT THE
DEFENDANT POSSESSED MORE THAN TWENTY-FIVE GRAMS OF MARIHUANA; OR
  (II)  AN  OFFENSE AS DEFINED BY FORMER SECTION 221.35 OF THE PENAL LAW
(CRIMINAL SALE OF MARIHUANA IN THE FIFTH DEGREE).
  S 39. Subdivision 6 of section 440.10 of the criminal  procedure  law,
as  added  by  chapter  332  of  the laws of 2010, is amended to read as
follows:
  6. If the court grants a motion under paragraph (i) OR  PARAGRAPH  (J)
of  subdivision  one  of  this  section, it must vacate the judgment and
dismiss the accusatory instrument, and may take such  additional  action
as is appropriate in the circumstances.
  S  40.  Section  440.46  of  the  criminal  procedure law, as added by
section 9 of part AAA of chapter 56 of the laws of 2009,  subdivision  1
as  amended  by  section  79 of subpart B of part C of chapter 62 of the
laws of 2011, is amended to read as follows:
S 440.46 Motion for resentence; certain controlled substance offenders.
  1. A PERSON MAY, UPON NOTICE TO  THE  APPROPRIATE  DISTRICT  ATTORNEY,
APPLY  FOR  RESENTENCING  OR  REDESIGNATION  TO  A DETERMINATE SENTENCE,
SUBJECT TO THE FOLLOWING CRITERIA:
  A. Any person in the custody of  the  department  of  corrections  and
community  supervision  convicted of a class B felony offense defined in
article two hundred twenty of the penal law which was committed prior to
January thirteenth, two thousand five, who is serving  an  indeterminate
sentence  with  a maximum term of more than three years, may[, except as
provided in subdivision five of this section, upon notice to the  appro-
priate  district  attorney,]  apply  to  be resentenced to a determinate
sentence in accordance with sections 60.04 and 70.70 of the penal law in
the court which imposed the sentence.

A. 3089--A                         45

  [2.] (I) As part of any such application, the defendant may also  move
to  be  resentenced to a determinate sentence in accordance with section
70.70 of the penal law for any one or more  class  C,  D,  or  E  felony
offenses defined in article two hundred twenty or two hundred twenty-one
of  the  penal  law, the sentence or sentences for which were imposed by
the sentencing court at the same time or were included in the same order
of commitment as such class B felony.
  (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY  TO  ANY  PERSON
WHO  IS SERVING A SENTENCE ON A CONVICTION FOR OR HAS A PREDICATE FELONY
CONVICTION FOR AN EXCLUSION OFFENSE. FOR PURPOSES OF  THIS  SUBDIVISION,
AN  "EXCLUSION  OFFENSE" IS: (A) A CRIME FOR WHICH THE PERSON WAS PREVI-
OUSLY CONVICTED WITHIN THE  PRECEDING  TEN  YEARS,  EXCLUDING  ANY  TIME
DURING  WHICH  THE  OFFENDER WAS INCARCERATED FOR ANY REASON BETWEEN THE
TIME OF COMMISSION OF THE PREVIOUS FELONY AND THE TIME OF COMMISSION  OF
THE  PRESENT  FELONY, WHICH WAS: (1) A VIOLENT FELONY OFFENSE AS DEFINED
IN SECTION 70.02 OF THE PENAL LAW; OR (2) ANY OTHER OFFENSE FOR WHICH  A
MERIT  TIME  ALLOWANCE IS NOT AVAILABLE PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED THREE  OF  THE
CORRECTION  LAW;  OR  (B)  A  SECOND  VIOLENT FELONY OFFENSE PURSUANT TO
SECTION 70.04 OF THE PENAL LAW OR A PERSISTENT  VIOLENT  FELONY  OFFENSE
PURSUANT  TO  SECTION  70.08  OF  THE PENAL LAW FOR WHICH THE PERSON HAS
PREVIOUSLY BEEN ADJUDICATED.
  B. A PERSON CURRENTLY SERVING A SENTENCE FOR A CONVICTION, WHETHER  BY
TRIAL  OR  BY PLEA, OF AN OFFENSE DEFINED IN THE FORMER SECTIONS 221.25,
221.30, 221.50, OR 221.55 AND SECTIONS 221.15, 221.20, 221.35, OR 221.45
OF THE PENAL LAW PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH MAY APPLY
TO BE RESENTENCED TO A DETERMINATE SENTENCE IN ACCORDANCE WITH  SECTIONS
221.15,  221.20, 221.35, 221.40, OR 221.45 OF THE PENAL LAW, AS AMENDED,
IN THE COURT WHICH IMPOSED THE SENTENCE.
  C. A PERSON WHO HAS COMPLETED HIS OR HER SENTENCE  FOR  A  CONVICTION,
WHETHER  BY  TRIAL  OR  BY  PLEA,  OF  AN OFFENSE IN THE FORMER SECTIONS
221.25, 221.30, 221.50, OR 221.55 OF THE PENAL LAW PRIOR TO  THE  EFFEC-
TIVE  DATE  OF  THIS  PARAGRAPH  MAY  APPLY  FOR RE-DESIGNATION OF THEIR
CONVICTION TO A  DETERMINATE  CONVICTION  IN  ACCORDANCE  WITH  SECTIONS
221.15,  221.20, 221.35, 221.40, OR 221.45 OF THE PENAL LAW, AS AMENDED,
IN THE COURT WHICH IMPOSED THE SENTENCE.
  [3.] 2. The  provisions  of  section  twenty-three  of  chapter  seven
hundred  thirty-eight  of the laws of two thousand four shall govern the
proceedings on and determination of a motion brought  pursuant  to  this
section;  provided, however that the court's consideration of the insti-
tutional record of confinement of such person shall include but  not  be
limited  to such person's participation in or willingness to participate
in treatment or other programming while incarcerated and  such  person's
disciplinary  history.  The  fact  that a person may have been unable to
participate in treatment or other programming while incarcerated despite
such person's willingness to do so shall not be  considered  a  negative
factor in determining a motion pursuant to this section.
  [4.]  3. Subdivision one of section seven hundred seventeen and subdi-
vision four of section seven hundred twenty-two of the county  law,  and
the related provisions of article eighteen-A of such law, shall apply to
the  preparation of and proceedings on motions pursuant to this section,
including any appeals.
  [5. The provisions of this section shall not apply to any  person  who
is  serving  a  sentence  on  a conviction for or has a predicate felony
conviction for an exclusion offense. For purposes of  this  subdivision,
an "exclusion offense" is:

A. 3089--A                         46

  (a)  a  crime for which the person was previously convicted within the
preceding ten years, excluding any time during which  the  offender  was
incarcerated for any reason between the time of commission of the previ-
ous  felony and the time of commission of the present felony, which was:
(i)  a  violent  felony offense as defined in section 70.02 of the penal
law; or (ii) any other offense for which a merit time allowance  is  not
available  pursuant to subparagraph (ii) of paragraph (d) of subdivision
one of section eight hundred three of the correction law; or
  (b) a second violent felony offense pursuant to section 70.04  of  the
penal  law  or  a  persistent violent felony offense pursuant to section
70.08 of the penal law for which the person has previously been  adjudi-
cated.]
  4.  UNDER  NO CIRCUMSTANCES MAY RESENTENCING UNDER THIS SECTION RESULT
IN THE IMPOSITION OF A TERM LONGER THAN THE ORIGINAL SENTENCE.
  5. NOTHING IN THIS SECTION IS INTENDED TO  DIMINISH  OR  ABROGATE  ANY
RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THE PETITIONER OR APPLICANT.
  S 41. Paragraph (c) of subdivision 8 of section 700.05 of the criminal
procedure  law, as amended by chapter 37 of the laws of 2014, is amended
to read as follows:
  (c) Criminal possession of  a  controlled  substance  in  the  seventh
degree  as  defined  in  section  220.03  of  the  penal  law,  criminal
possession of a controlled substance in the fifth degree as  defined  in
section  220.06  of  the  penal law, criminal possession of a controlled
substance in the fourth degree as defined in section 220.09 of the penal
law, criminal possession of a controlled substance in the  third  degree
as  defined in section 220.16 of the penal law, criminal possession of a
controlled substance in the second degree as defined in  section  220.18
of  the  penal law, criminal possession of a controlled substance in the
first degree as defined in section 220.21 of  the  penal  law,  criminal
sale of a controlled substance in the fifth degree as defined in section
220.31  of the penal law, criminal sale of a controlled substance in the
fourth degree as defined in section 220.34 of the  penal  law,  criminal
sale of a controlled substance in the third degree as defined in section
220.39  of the penal law, criminal sale of a controlled substance in the
second degree as defined in section 220.41 of the  penal  law,  criminal
sale of a controlled substance in the first degree as defined in section
220.43  of  the penal law, criminally possessing a hypodermic instrument
as defined in section 220.45 of  the  penal  law,  criminal  sale  of  a
prescription  for  a controlled substance or a controlled substance by a
practitioner or pharmacist as defined in section  220.65  of  the  penal
law,  criminal  possession  of methamphetamine manufacturing material in
the second degree as defined in section 220.70 of the penal law,  crimi-
nal  possession  of  methamphetamine manufacturing material in the first
degree  as  defined  in  section  220.71  of  the  penal  law,  criminal
possession of precursors of methamphetamine as defined in section 220.72
of  the  penal law, unlawful manufacture of methamphetamine in the third
degree as defined in section 220.73 of the penal law, unlawful  manufac-
ture  of  methamphetamine  in  the  second  degree as defined in section
220.74 of the penal law, unlawful manufacture of methamphetamine in  the
first  degree  as  defined  in section 220.75 of the penal law, unlawful
disposal of methamphetamine laboratory material as  defined  in  section
220.76  of  the penal law, operating as a major trafficker as defined in
section 220.77 of the penal law, [criminal possession  of  marihuana  in
the first degree as defined in section 221.30 of the penal law, criminal
sale  of  marihuana  in the first degree as defined in section 221.55 of
the penal law,] promoting gambling in the second degree  as  defined  in

A. 3089--A                         47

section  225.05 of the penal law, promoting gambling in the first degree
as defined in section 225.10 of the penal law,  possession  of  gambling
records  in  the second degree as defined in section 225.15 of the penal
law,  possession  of  gambling records in the first degree as defined in
section 225.20 of the penal law, and possession of a gambling device  as
defined in section 225.30 of the penal law;
  S 42. Paragraphs (b) and (c) of subdivision 4-b and subdivisions 6 and
9  of  section  1310 of the civil practice law and rules, paragraphs (b)
and (c) of subdivision 4-b as added by chapter 655 of the laws  of  1990
and  subdivisions  6  and 9 as added by chapter 669 of the laws of 1984,
are amended to read as follows:
  (b) on three or more occasions, engaging  in  conduct  constituting  a
violation  of  any  of  the  felonies defined in section 220.09, 220.16,
220.18, 220.21, 220.31, 220.34, 220.39, 220.41[,] OR 220.43 [or  221.55]
of  the  penal law, which violations do not constitute a single criminal
offense as defined in subdivision one of section 40.10 of  the  criminal
procedure law, or a single criminal transaction, as defined in paragraph
(a)  of  subdivision two of section 40.10 of the criminal procedure law,
and at least one of which resulted in a conviction of such  offense,  or
where  the  accusatory  instrument charges one or more of such felonies,
conviction upon a plea of guilty to a felony  for  which  such  plea  is
otherwise authorized by law; or
  (c)  a  conviction  of  a  person  for  a violation of section 220.09,
220.16, 220.34 or 220.39 of the penal law, [or a conviction of a  crimi-
nal  defendant  for  a violation of section 221.30 of the penal law,] or
where the accusatory instrument charges any such felony, conviction upon
a plea of guilty to a felony for which the plea is otherwise  authorized
by  law,  together with evidence which: (i) provides substantial indicia
that the defendant used the real property  to  engage  in  a  continual,
ongoing  course  of  conduct involving the unlawful mixing, compounding,
manufacturing, warehousing, or packaging of  controlled  substances  [or
where  the  conviction is for a violation of section 221.30 of the penal
law, marijuana,] as part of an illegal trade or business for  gain;  and
(ii) establishes, where the conviction is for possession of a controlled
substance  [or where the conviction is for a violation of section 221.30
of the penal law, marijuana], that such possession was with  the  intent
to sell it.
  [6.  "Pre-conviction  forfeiture crime" means only a felony defined in
article two hundred twenty or section 221.30  or  221.55  of  the  penal
law.]
  9.  "Criminal defendant" means a person who has criminal liability for
a crime defined in subdivisions five and six [hereof] OF  THIS  SECTION.
For purposes of this article, a person has criminal liability when [(a)]
he has been convicted of a post-conviction forfeiture crime[, or (b) the
claiming  authority  proves  by  clear and convincing evidence that such
person has committed an act in violation of article two  hundred  twenty
or section 221.30 or 221.55 of the penal law].
  S  43. Subdivision 3-a and paragraphs (a) and (b) of subdivision 11 of
section 1311 of the civil practice law and  rules,  subdivision  3-a  as
added  by  chapter 655 of the laws of 1990 and paragraphs (a) and (b) of
subdivision 11 as amended by section 47 of part A1 of chapter 56 of  the
laws of 2010, are amended to read as follows:
  3-a.  Conviction  of  a person in a criminal action upon an accusatory
instrument which includes one or  more  of  the  felonies  specified  in
subdivision  four-b  of section thirteen hundred ten of this article, of
any felony other than such felonies, shall not preclude a defendant,  in

A. 3089--A                         48

any subsequent proceeding under this article where that conviction is at
issue, from adducing evidence that the conduct underlying the conviction
would  not  establish  the  elements of any of the felonies specified in
such subdivision other than the one to which the criminal defendant pled
guilty.  If the defendant does adduce such evidence, the burden shall be
upon the claiming authority to prove, by clear and convincing  evidence,
that  the conduct underlying the criminal conviction would establish the
elements of the felony specified in such subdivision. Nothing  contained
in  this  subdivision  shall  affect the validity of a settlement of any
forfeiture action negotiated between the claiming authority and a crimi-
nal defendant contemporaneously with the taking of a plea of guilty in a
criminal action to any felony defined in article two hundred twenty  [or
section 221.30 or 221.55] of the penal law, or to a felony conspiracy to
commit the same.
  (a)  Any  stipulation or settlement agreement between the parties to a
forfeiture action shall be filed with the clerk of the  court  in  which
the forfeiture action is pending. No stipulation or settlement agreement
shall  be  accepted  for filing unless it is accompanied by an affidavit
from the claiming authority that written notice of  the  stipulation  or
settlement agreement, including the terms of such, has been given to the
office  of  victim  services,  the  state  division  of criminal justice
services[, and in the case of a forfeiture based on a felony defined  in
article two hundred twenty or section 221.30 or 221.55 of the penal law,
to the state division of substance abuse services].
  (b)  No  judgment  or order of forfeiture shall be accepted for filing
unless it is accompanied by an affidavit  from  the  claiming  authority
that  written  notice of judgment or order, including the terms of such,
has been given to the office of victim services, the state  division  of
criminal  justice  services[, and in the case of a forfeiture based on a
felony defined in article two hundred twenty or section 221.30 or 221.55
of the penal law, to the state division of substance abuse services].
  S 44. Subdivision 13 of section 89-f of the general business  law,  as
added by chapter 336 of the laws of 1992, is amended to read as follows:
  13.  "Serious  offense"  shall  mean any felony involving the offenses
enumerated in the closing paragraph  of  this  subdivision;  a  criminal
solicitation  of  or a conspiracy to commit or an attempt to commit or a
criminal facilitation of a felony involving the offenses  enumerated  in
the  closing paragraph of this subdivision, which criminal solicitation,
conspiracy, attempt or criminal facilitation itself constitutes a felony
or any offense in any other jurisdiction  which  if  committed  in  this
state  would  constitute a felony; any offense in any other jurisdiction
which if committed in this state would constitute a felony provided that
for the purposes of this article, none of the following shall be consid-
ered criminal convictions or reported as  such:  (i)  a  conviction  for
which an executive pardon has been issued pursuant to the executive law;
(ii)  a  conviction  which  has  been vacated and replaced by a youthful
offender finding pursuant to article seven hundred twenty of the  crimi-
nal  procedure  law,  or  the  applicable provisions of law of any other
jurisdiction; or (iii) a conviction  the  records  of  which  have  been
sealed  pursuant  to the applicable provisions of the laws of this state
or of any other jurisdiction; and (iv)  a  conviction  for  which  other
evidence  of successful rehabilitation to remove the disability has been
issued.
  Felonies involving: assault, aggravated assault and reckless endanger-
ment pursuant to article one  hundred  twenty;  vehicular  manslaughter,
manslaughter and murder pursuant to article one hundred twenty-five; sex

A. 3089--A                         49

offenses  pursuant to article one hundred thirty; unlawful imprisonment,
kidnapping or coercion pursuant  to  article  one  hundred  thirty-five;
criminal  trespass  and  burglary pursuant to article one hundred forty;
criminal  mischief,  criminal  tampering  and  tampering with a consumer
product pursuant to article one hundred forty-five;  arson  pursuant  to
article one hundred fifty; larceny and offenses involving theft pursuant
to article one hundred fifty-five; offenses involving computers pursuant
to  article  one  hundred  fifty-six;  robbery  pursuant  to article one
hundred sixty; criminal possession of stolen property pursuant to  arti-
cle  one  hundred  sixty-five;  forgery and related offenses pursuant to
article one hundred seventy; involving false written statements pursuant
to article one hundred seventy-five; commercial bribing  and  commercial
bribe  receiving pursuant to article one hundred eighty; criminal imper-
sonation and scheme to defraud pursuant to article one  hundred  ninety;
bribery involving public servants and related offenses pursuant to arti-
cle  two  hundred;  perjury and related offenses pursuant to article two
hundred ten; tampering with a witness, intimidating a victim or  witness
and  tampering  with  physical  evidence pursuant to article two hundred
fifteen; criminal possession  of  a  controlled  substance  pursuant  to
sections  220.06,  220.09, 220.16, 220.18 and 220.21; criminal sale of a
controlled  substance  pursuant  to  sections  220.31,  220.34,  220.39,
220.41, 220.43 and 220.44; criminal sale of [marijuana] MARIHUANA IN THE
FIRST DEGREE pursuant to [sections] SECTION 221.45[, 221.50 and 221.55];
riot  in  the  first  degree, aggravated harassment in the first degree,
criminal nuisance in the first degree and falsely reporting an  incident
in the second or first degree pursuant to article two hundred forty; and
crimes  against public safety pursuant to article two hundred sixty-five
of the penal law.
  S 45. Paragraph (f) of subdivision 2 of section  850  of  the  general
business law is REPEALED.
  S  46.  Paragraph  (h)  of subdivision 2 of section 850 of the general
business law, as amended by chapter 812 of the laws of 1980, is  amended
to read as follows:
  (h)  Objects, used or designed for the purpose of ingesting, inhaling,
or otherwise introducing [marihuana,] cocaine, hashish, or  hashish  oil
into the human body.
  S  47.  Paragraph  a  of  subdivision  4-a of section 165 of the state
finance law, as added by chapter 95 of the laws of 2000, is  amended  to
read as follows:
  a.  In  order  to  advance  specific  economic  goals,  New York state
labelled wines, as defined in subdivision [twenty-a] TWENTY-J of section
three of the alcoholic beverage control law, shall have  favored  source
status for the purposes of procurement in accordance with the provisions
of this subdivision.  Procurement of these New York state labelled wines
shall  be  exempt from the competitive procurement provisions of section
one hundred sixty-three of this article and other  competitive  procure-
ment  statutes.    Such exemption shall apply to New York state labelled
wines as defined in subdivision [twenty-a] TWENTY-J of section three  of
the  alcoholic  beverage  control  law  produced by a licensed winery as
defined in section seventy-six of the alcoholic beverage control law.
  S 48. Subdivision 7 of section 995 of the executive law, as amended by
chapter 19 of the laws of 2012, is amended to read as follows:
  7. "Designated offender"  means  a  person  convicted  of  any  felony
defined  in  any  chapter  of  the  laws of the state or any misdemeanor
defined in the penal law [except that  where  the  person  is  convicted
under  section  221.10  of  the penal law, only a person convicted under

A. 3089--A                         50

subdivision two of such section, or a person convicted under subdivision
one of such section who stands previously  convicted  of  any  crime  as
defined in subdivision six of section 10.00 of the penal law].
  S 49. Paragraphs (b) and (c) of subdivision 7 of section 480.00 of the
penal law, paragraph (b) as amended by section 31 of part AAA of chapter
56  of the laws of 2009 and paragraph (c) as added by chapter 655 of the
laws of 1990, are amended to read as follows:
  (b) three or more violations of any of the felonies defined in section
220.09,  220.16,  220.18,  220.21,  220.31,  220.34,   220.39,   220.41,
220.43[,]  OR  220.77[,  or 221.55] of this chapter, which violations do
not constitute a single criminal offense as defined in  subdivision  one
of  section  40.10  of  the criminal procedure law, or a single criminal
transaction, as defined in paragraph (a) of subdivision two  of  section
40.10  of the criminal procedure law, and at least one of which resulted
in a conviction of such offense,  or  where  the  accusatory  instrument
charges  one  or more of such felonies, conviction upon a plea of guilty
to a felony for which such plea is otherwise authorized by law; or
  (c) a conviction of a  person  for  a  violation  of  section  220.09,
220.16,  220.34[,]  OR 220.39[, or 221.30] of this chapter, or where the
accusatory instrument charges any such felony, conviction upon a plea of
guilty to a felony for which the plea is otherwise  authorized  by  law,
together  with evidence which: (i) provides substantial indicia that the
defendant used the real property  to  engage  in  a  continual,  ongoing
course  of  conduct involving the unlawful mixing, compounding, manufac-
turing, warehousing, or packaging of controlled substances [or where the
conviction is for a violation of section 221.30 of this  chapter,  mari-
juana] as part of an illegal trade or business for gain; and (ii) estab-
lishes, where the conviction is for possession of a controlled substance
[or  where  the  conviction is for a violation of section 221.30 of this
chapter, marijuana], that such possession was with the  intent  to  sell
it.
  S  50. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
amended to read as follows:
  (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for  a  period  of  five
years  shall include a conviction under sections 100.10, 105.13, 115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
220.16,  220.31,  220.34,  220.60,  220.65,  [221.30,  221.50,  221.55,]
230.00, 230.05, 230.06, 230.20, 235.05, 235.06, 235.07, 235.21,  240.06,
245.00,  260.10,  subdivision two of section 260.20 and sections 260.25,
265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal  law
or  an  attempt  to  commit  any of the aforesaid offenses under section
110.00 of the penal law, or  any  similar  offenses  committed  under  a
former  section  of  the  penal  law,  or any offenses committed under a
former section of the penal law which would constitute violations of the
aforesaid sections of the penal law, or any offenses  committed  outside
this  state  which would constitute violations of the aforesaid sections
of the penal law.
  S 51. Appropriation.  The sum of five million dollars ($5,000,000)  is
hereby  appropriated  to  the New York State Liquor Authority out of any
moneys in the state treasury in the general fund to the  credit  of  the
state purposes account, not otherwise appropriated, and made immediately

A. 3089--A                         51

available,  for  the purpose of carrying out the provisions of this act.
Such moneys shall be payable on the audit and warrant of the comptroller
on vouchers certified or approved by the superintendent or the  chairman
of the New York State Liquor Authority in the manner prescribed by law.
  S  52.  Severability.  If any provision or term of this act is for any
reason declared unconstitutional or invalid or ineffective by any  court
of  competent  jurisdiction, such decision shall not affect the validity
of the effectiveness of the remaining portions of this act or  any  part
thereof.
  S  53.  This act shall take effect immediately; provided, however that
the amendments to section 2 of the alcoholic beverage control  law  made
by  section  twenty-five  of this act shall take effect on the same date
and in the same manner as chapter 406 of the laws of 2014, takes effect.