NY State Senate Bill 2023-S5346A

Senate Bill S5346A

2023-2024 Legislative Session

Relates to activities permitted in premises licensed for adult-use on-premises consumption of cannabis

download bill text pdf

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 01, 2024	print number 5346a
Mar 01, 2024	amend and recommit to investigations and government operations
Jan 03, 2024	referred to investigations and government operations
Mar 02, 2023	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2023-S5346 - Details

See Assembly Version of this Bill:: A10243
Current Committee:: Senate Investigations And Government Operations
Law Section:: Cannabis Law
Laws Affected:: Amd §77, Cannabis L

2023-S5346 - Summary

Permits certain activities in premises licensed for adult-use on-premises consumption of cannabis including the sale of food, non-alcoholic beverages and entertainment.

2023-S5346 - Sponsor Memo

                                 
BILL NUMBER: S5346

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the cannabis law, in relation to permitting additional
business activities on the premises where cannabis is sold for adult-use
on-premises consumption

 
PURPOSE:

The purpose of this bill is to allow municipalities with jurisdiction
over the premises to permit a licensee to conduct business activities on
the premises other than smoking,vaping or ingestion of cannabis.

 
SUMMARY OF PROVISIONS:

Section 1: Subdivision 9 of section 77 of the cannabis law is amended to
provide, that a municipality with jurisdiction over the premises may by
local law permit a licensee to conduct business activities on the prem-
ises other than the smoking, vaporizing, and ingesting of cannabis or
cannabis products including but not limited to: selling non-cannabis-in-

fused food; selling nonalcoholic beverages; and allowing and selling
tickets for live musical or other performances not otherwise prohibited.

Section 2: Provides for the effective date.

 
EXISTING LAW:

The Marijuana Regulation and Taxation Act (MRTA) legalized cannabis for
adults 21 years of age or older. This law sets out a framework that will
protect public health and safety, while promoting social equity and
economic development. The New York State Office of Cannabis Management
(OCM) will license cultivators, processors, distributors, and dispensar-
ies to grow and sell cannabis in New York.  This also applies to on-site
consumption lounges.

 
JUSTIFICATION:

Research from Canna Connection shows cannabis lounges will be good for
the community. Adults will have a space to consume cannabis without
inconveniencing others, and children can avoid second-hand smoke.
Cannabis lounges are successful in California as well as other parts of
the world. Therefore, the cannabis law should be amended to allow canna-
bis lounges in New York as well. This bill can also assist the
disproportionate amount of marginalized individuals who were in jail or
prison due to marijuana charges, to develop a more successful and prof-
itable business.

 
LEGISLATIVE HISTORY:

This is new Legislation in 2023

 
FISCAL IMPLICATIONS:

Some additional sales tax revenue would be collected.

 
LOCAL FISCAL IMPLICATIONS:

Would increase sales in these businesses and therefore there would be
some increase in local sales tax collections

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5346 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5346
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN  ACT  to amend the cannabis law, in relation to permitting additional
   business activities on the premises where cannabis is sold for  adult-
   use on-premises consumption

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 9 of section 77 of the cannabis law is  amended
 to read as follows:
   9.  No  adult-use on-site consumption licensee shall suffer, permit or
 promote activities or events on its premises wherein  any  person  shall
 use  such  premises for activities including, but not limited to, gambl-
 ing, exposing or simulating, contests, or fireworks that are  prohibited
 by  subdivision six, six-a, six-b, six-c or seven of section one hundred
 six of the alcoholic beverage control law or any  other  similar  activ-
 ities  the board deems to be prohibited; PROVIDED, HOWEVER, THAT A MUNI-
 CIPALITY WITH JURISDICTION OVER THE PREMISES MAY BY LOCAL LAW  PERMIT  A
 LICENSEE  TO CONDUCT  BUSINESS ACTIVITIES ON THE PREMISES OTHER THAN THE
 SMOKING, VAPORIZING, AND INGESTING OF  CANNABIS  OR  CANNABIS  PRODUCTS,
 INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING:
   (A) SELLING NON-CANNABIS-INFUSED FOOD;
   (B) SELLING NONALCOHOLIC BEVERAGES; AND
   (C)  ALLOWING, AND SELLING TICKETS FOR, LIVE MUSICAL OR OTHER PERFORM-
 ANCES NOT OTHERWISE PROHIBITED BY THIS SUBDIVISION.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09630-01-3

2023-S5346A (ACTIVE) - Details

See Assembly Version of this Bill:: A10243
Current Committee:: Senate Investigations And Government Operations
Law Section:: Cannabis Law
Laws Affected:: Amd §77, Cannabis L

2023-S5346A (ACTIVE) - Summary

Permits certain activities in premises licensed for adult-use on-premises consumption of cannabis including the sale of food, non-alcoholic beverages and entertainment.

2023-S5346A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5346A

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the cannabis law, in relation to permitting additional
business activities on the premises where cannabis is sold for adult-use
on-premises consumption

 
PURPOSE:

The purpose of this bill is to permit a licensee to conduct business
activities on the premises other than smoking, vaping, or ingestion of
cannabis.

 
SUMMARY OF PROVISIONS:

Section 1: Subdivision 9 of section 77 of the cannabis law is amended to
permit a licensee to conduct business activities on the premises other
than the smoking, vaporizing, and ingesting of cannabis or cannabis
products including but not limited to: selling non-cannabis-infused
food; selling nonalcoholic beverages; and allowing and selling tickets

for live musical or other performances not otherwise prohibited.

Section 2: Provides for the effective date.

 
EXISTING LAW:

The Marijuana Regulation and Taxation Act (MRTA) legalized cannabis for
adults 21 years of age or older. This law sets out a framework that will
protect public health and safety, while promoting social equity and
economic development. The New York State Office of Cannabis Management
(OCM) will license cultivators, processors, distributors, and dispensar-
ies to grow and sell cannabis in New York.  This also applies to on-site
consumption lounges.

 
JUSTIFICATION:

Research from Canna Connection shows cannabis lounges will be good for
the community. Adults will have a space to consume cannabis without
inconveniencing others, and children can avoid second-hand smoke.
Cannabis lounges are successful in California as well as other parts of
the world. Therefore, the cannabis law should be amended to allow canna-
bis lounges in New York as well. This bill can also assist the
disproportionate amount of marginalized individuals who were in jail or
prison due to marijuana charges, to develop a more successful and prof-
itable business by allowing a broader spectrum of economic activity.

 
LEGISLATIVE HISTORY:

This is new Legislation in 2023

 
FISCAL IMPLICATIONS:

Some additional sales tax revenue would be collected.

 
LOCAL FISCAL IMPLICATIONS:


Would increase sales in these businesses and therefore there would be
some increase in local sales tax collections

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5346A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5346--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations -- recommitted to the Committee on Investigations and
   Government Operations in accordance with Senate  Rule  6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the cannabis law, in relation to  permitting  additional
   business  activities on the premises where cannabis is sold for adult-
   use on-premises consumption
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 9 of section 77 of the cannabis law is amended
 to read as follows:
   9. No adult-use on-site consumption licensee shall suffer,  permit  or
 promote  activities  or  events on its premises wherein any person shall
 use such premises for activities including, but not limited  to,  gambl-
 ing,  exposing or simulating, contests, or fireworks that are prohibited
 by subdivision six, six-a, six-b, six-c or seven of section one  hundred
 six  of  the  alcoholic beverage control law or any other similar activ-
 ities the board deems to be prohibited; PROVIDED, HOWEVER,  THAT  LICEN-
 SEES  MAY  CONDUCT  BUSINESS  ACTIVITIES  ON THE PREMISES OTHER THAN THE
 SMOKING, VAPORIZING, AND INGESTING OF  CANNABIS  OR  CANNABIS  PRODUCTS,
 INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING:
   (A) SELLING NON-CANNABIS-INFUSED FOOD;
   (B) SELLING NONALCOHOLIC BEVERAGES; AND
   (C)  ALLOWING, AND SELLING TICKETS FOR, LIVE MUSICAL OR OTHER PERFORM-
 ANCES NOT OTHERWISE PROHIBITED BY THIS SUBDIVISION.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09630-02-4

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