senate Bill S6005

2013-2014 Legislative Session

Enacts the "marihuana regulation and taxation act"; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2014 committee discharged and committed to health
Jan 08, 2014 referred to rules
Dec 11, 2013 referred to rules

Co-Sponsors

S6005 - Bill Details

See Assembly Version of this Bill:
A8341
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd Various Laws, generally

S6005 - Bill Texts

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Enacts the "marihuana regulation and taxation act"; relates to the description of marihuana, and the growing of and use of marihuana by persons eighteen years of age or older; makes technical changes regarding the definition of marihuana; relates to the qualification of certain offenses involving marihuana and exempts certain persons from prosecution for the use, consumption, display, production or distribution of marihuana; provides for the licensure of persons authorized to produce, process and sell marihuana; levies an excise tax on certain sales of marihuana; repeals certain provisions of the penal law relating to the criminal sale of marihuana and provisions of the general business law relating to drug paraphernalia.

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BILL NUMBER:S6005

TITLE OF BILL: 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
marihuana; 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 distrib-
ution 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 mari-
huana; 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; and to repeal paragraph (f) of subdivision 2 of
section 850 of the general business law relating to drug related
paraphernalia

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill is the title.

Section two of the bill is comprised of legislative findings and state-
ments of purpose.

Section three of the bill amends Section 3302 of the Public Health Law
to eliminate the definitions of Concentrated Cannabis and Marihuana from
the controlled substances act.

Section four of the bill amends Section 3306 of the Public Health Law to
remove the classification of marihuana as a schedule 1 hallucinogen on
the schedules of controlled substances.

Section five of the bill amends Section 3382 of the Public Health Law to
excluding home cultivation of up to 6 marihuana plants by individuals 18
years or older from the ban on growing cannabis.

Section six of the bill amends section 3397-b of the public health law
to make conforming changes in definition of marihuana.

Section seven of the bill amends Section 114a of the Vehicle and Traffic
Law adding marihuana and concentrated cannabis to the definition of drug
for purposes of driving under the influence.

Section eight of the bill amends Section 220.0 of the Penal Law to
include a definition for concentrated cannabis as a controlled
substance.

Sections nine to eleven of the bill update cross references to amended
sections of the penal law.

Section twelve of the bill amends Section 220.5 of the Penal Law to
exclude marihuana paraphernalia from criminal use of drug paraphernalia.

Section thirteen of the bill amends Section 221.05 of the Penal Law to
make unlawful possession of marihuana applicable to persons less than
eighteen years of age or who are burning marihuana.

Section fourteen of the bill amends Section 221.15 of the Penal Law to
redefine criminal possession of marihuana in the second degree as a
Class B misdemeanor.

Section fifteen of the bill amends Section 221.20 of the Penal Law to
redefine criminal possession of marihuana in the first degree as a Class
A misdemeanor.

Section sixteen of the bill repeals sections 221.10, 221.25 and 221.3 of
the Penal Law, eliminating the previous definitions of Criminal
possession of marihuana in the first and second degrees.

Section seventeen of the bill adds a new section 221.25 of the Penal Law
allowing for home cultivation of up to six marihuana plants by persons
eighteen years of age or older.

Section eighteen of the bill amends section 221.35 of the Penal Law to
redefine Criminal sale of marihuana in the third degree to apply to
persons less than eighteen years of age.

Section nineteen of the bill amends section 221.40 of the Penal Law to
redefine the criminal sale of marihuana in the second degree.

Section twenty of the bill amends section 221.45 of the Penal law to
redefine criminal sale of marihuana in the first degree.

Section twenty-one of the bill repeals section 221.5 and 221.55 of the
Penal Law, eliminating the previous definitions of criminal sale of
marihuana in the first and second degrees.

Section twenty-two of the bill adds a new section 221.6 to the Penal Law
establishing that those acting in compliance with the Alcohol Beverage
Control Law are exempt from sections § 220 and § 221 of the New York
Penal Law

Section twenty-three of the bill amends subdivision 8 of section 1399-n
of the Public Health Law to include marihuana in list of substances
subject to smoking regulations.

Section twenty-four of the bill amends section 2 of the Alcoholic Bever-
age Control Law to include regulation of marihuana products in the
purpose of this chapter.

Section twenty-five of the bill amends section 3 of the Alcoholic Bever-
age Control Law to include definitions of Concentrated Cannabis, Mari-
huana, and Marihuana consumers, processors, producer, products, infused
products, retailer and retailer for the purposes of on-premises consump-
tion, and unreasonably impracticable.

Section twenty-five-a of the bill amends section 65-b of the Alcoholic
Beverage Control law to ban use of fraudulent documents for the purpose
of purchasing marihuana products by persons under twenty-one years of
age, and establishing procedures for sellers of marihuana products to
prevent such sales.

Section twenty-six of this bill amends section 140 of the Alcoholic
Beverage Control Law to extend the option of any town or city to ban
sale of alcoholic beverages to sales of marihuana.

Section twenty-seven of the bill amends section 141 of the Alcoholic
Beverage Control Law to apply the rules governing referendum procedures
for banning sales of alcohol by towns to sales of marihuana.

Section twenty-eight of the bill amends section 142 of the Alcoholic
Beverage Control Law to establish that sale of marihuana is prohibited
in any city that passes a referendum against such sales.

Section twenty-nine of the bill amends section 147 of the Alcoholic
Beverage Control Law to establish that if the rules regarding future
referendums will also apply to marihuana sales.

Section twenty-nine-a of the bill renumbers article 11 of the Alcoholic
Beverage Control Law as article 12 and sections 160, 161, 162, 163 and
164 as sections 200, 201, 202, 203 and 204.

Section thirty of the bill adds a new Article 11 to the Alcoholic Bever-
age Control Law providing for the regulation of marihuana production,
distribution and sale by the State Liquor Authority, establishing
licensing and permitting rules, and providing for penalties for
violations. Such regulation shall be promulgated within 240 days of the
effective date.

Section thirty-one of the bill adds a new Article 18-A to the New York
Tax Code imposing an excise tax of $50.00 per ounce on marihuana and
$50.00 per quarter ounce of concentrated cannabis, and establishing a
formula for distribution of the proceeds of this tax. Proceeds from the
tax will be placed in a fund established by the comptroller known as the
marihuana revenue fund. Fifteen percent of proceeds to be directed to
re-entry programs, substance abuse programs, and job training programs
in low income, high unemployment communities, and authorizing localities
to enact a five percent tax on marihuana sales, with the remainder of
proceeds going to the general fund. Localities would also be authorized
to impose a sales tax of up to five percent on retail sales.

Sections thirty-two through thirty-seven of the bill of the bill update
cross references to amended sections of the penal law.

Section thirty-eight and thirty-nine of the bill amend section 850 of
the General Business Law to remove references to marihuana from prohibi-
tions on the sale of drug paraphernalia.

Section forty of the bill update cross references in the state finance
law to amended sections in the alcoholic beverage control law.

Section forty-one through forty-three of the bill update cross refer-
ences to amended sections of the penal law.

Section forty-four is a severability clause.

Section forty-five of the bill is the effective date.

JUSTIFICATION:

Present law fails to prevent the trade and consumption of marihuana and
has continued to foster a violent drug market that consumes millions of
dollars in resources every year.

New York State Ranks 2nd of all 50 states in terms of Marihuana related
arrests made per 100,000 people. In 2010, the NYPD made 50,300 marihuana
related arrests. This number amounted to one out of every seven total
arrests made, and $75 million was spent arresting and jailing mostly
young people simply for possessing small amounts of marihuana.

The enforcement of present law has disproportionately effected African-
American and Latino communities; often giving first time, non-violent
offenders, an extraneous criminal record. Government health surveys find
that young whites use marihuana at higher rates than young blacks and
Latinos. But the NYPD arrests blacks for marihuana possession at seven
times the rate of whites and Latinos at nearly four times the rate of
whites.

Aside from mitigating these issues, the regulation and taxation act will
also help accrue revenue for the state; portions of which will go back
(through government agencies and programs) to communities that have been
impacted by present law.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Increase revenue for state and local governments. Fiscal implication
assumptions for similar legislation implemented in Colorado, Amendment
64, estimated an annual revenue increase of 5-22 million dollars and an
annual spending increase of .5-1.5 million dollars. Given the larger

population of New York State this legislation should generate revenue
substantially larger than these estimates.

EFFECTIVE DATE:

Immediately.

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

                                  6005

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            December 11, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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; and to repeal paragraph (f)
  of subdivision 2 of section 850 of the general business  law  relating
  to drug related paraphernalia

  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
in criminal justice resources each year.  Existing marihuana  laws  have
also  disproportionately  impacted  African-American and Latino communi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10865-05-3

S. 6005                             2

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 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 smoking tobacco is  prohibited,  or  to  require  any
individual  to  engage  in  any  conduct that violates federal law or to
exempt anyone from any requirement of federal law or pose  any  obstacle
to the federal enforcement of federal law.
  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 and
subdivision 41 as added by section 6 of part A of  chapter  447  of  the
laws of 2012, 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
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

S. 6005                             3

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
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

S. 6005                             4

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.
  [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:

S. 6005                             5

  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.
  [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,

S. 6005                             6

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.
  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:
  /\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.

S. 6005                             7

  [(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 misdemea-
nor.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A  PERSON  EIGH-
TEEN  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 tetrahydrocanna-
binols 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
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).

S. 6005                             8

  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:
  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.

S. 6005                             9

  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
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.

S. 6005                            10

  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.
  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, 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. 6005                            11

  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. 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 PURCHASED 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.

S. 6005                            12

  20-F. "MARIHUANA-INFUSED PRODUCTS" MEANS PRODUCTS THAT  CONTAIN  MARI-
HUANA, MARIHUANA EXTRACTS, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR
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 25-a. 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

S. 6005                            13

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
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:

S. 6005                            14

  (i) The contents of an evaluation pursuant to paragraph  (c)  of  this
subdivision  shall  be  used for the sole purpose of determining if such
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.

S. 6005                            15

  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.
  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 26. 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 27. 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

S. 6005                            16

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
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?

S. 6005                            17

  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
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  28.  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. 6005                            18

  S 29. 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
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 29-a. Article 11 of the alcoholic beverage control law is renumbered
article  12  and  sections  160,  161,  162,  163 and 164 are renumbered
sections 200, 201, 202, 203 and 204.
  S 30. 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 VALID LICENSES ARE LAWFUL.
        168. GENERAL PROHIBITIONS AND RESTRICTIONS.
        169. CERTAIN  OFFICIALS  NOT  TO BE INTERESTED IN MANUFACTURE OR
              SALE OF MARIHUANA.
        170. PROVISIONS GOVERNING MARIHUANA LICENSES.
        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. DISPOSITION OF MONEYS RECEIVED FOR LICENSE FEES.
        186. PERSONS FORBIDDEN TO TRAFFIC IN MARIHUANA.
        187. SURRENDER OF LICENSE; NOTICE TO POLICE OFFICIALS.
        188. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
        189. PROTECTIONS FOR THE USE OF MARIHUANA.
        190. CIVIL PROTECTIONS FOR THE USE OF MARIHUANA.
  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 VALID LICENSES ARE LAWFUL. ACTIONS
AND CONDUCT BY A LICENSEE, ITS EMPLOYEES, AND ITS  AGENTS  AS  PERMITTED

S. 6005                            19

PURSUANT  TO  A  VALID  LICENSE ISSUED BY THE AUTHORITY, OR BY THOSE WHO
ALLOW PROPERTY TO BE USED BY A LICENSEE, ITS EMPLOYEES, AND  ITS  AGENTS
AS  PERMITTED  PURSUANT  TO A VALID LICENSE ISSUED BY THE AUTHORITY, ARE
NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE UNDER NEW YORK LAW, OR THE LAWS
OF  ANY  LOCALITY WITHIN NEW YORK, OR BE SUBJECT TO A CIVIL FINE OR BE A
BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER NEW YORK LAW.  CONTRACTS
ENTERED INTO FOR THE PURPOSE OF THIS ARTICLE SHALL BE VALID AND ENFORCE-
ABLE.
  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,  OTHER
THAN  A LICENSE TO SELL MARIHUANA AT RETAIL FOR OFF-PREMISES CONSUMPTION
OR A MARIHUANA RETAILER LICENSE FOR CONSUMPTION  ON  THE  PREMISES,  MAY
EMPLOY  ANY  PERSON  WHO  HAS  BEEN CONVICTED OF A FELONY, OR ANY OF THE
FOLLOWING OFFENSES, UNLESS, SUBSEQUENT TO SUCH  CONVICTION,  THE  PERSON
HAS  RECEIVED: (I) AN EXECUTIVE PARDON THEREFOR REMOVING ANY CIVIL DISA-
BILITIES INCURRED THEREBY; (II) A CERTIFICATE OF RELIEF  FROM  DISABILI-
TIES  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:
  (A) ILLEGALLY USING, CARRYING OR POSSESSING A PISTOL OR OTHER  DANGER-
OUS WEAPON;
  (B) MAKING OR POSSESSING BURGLAR'S INSTRUMENTS;
  (C) BUYING OR RECEIVING OR CRIMINALLY POSSESSING STOLEN PROPERTY;
  (D) UNLAWFUL ENTRY OF A BUILDING;
  (E) AIDING ESCAPE FROM PRISON;
  (F)  UNLAWFULLY  POSSESSING  OR  DISTRIBUTING  HABIT  FORMING NARCOTIC
DRUGS, OTHER THAN MARIHUANA;
  (G) VIOLATING SUBDIVISIONS SIX, TEN OR ELEVEN OF SECTION SEVEN HUNDRED
TWENTY-TWO OF THE FORMER PENAL LAW AS IN FORCE  AND  EFFECT  IMMEDIATELY
PRIOR  TO  SEPTEMBER  FIRST,  NINETEEN HUNDRED SIXTY-SEVEN, OR VIOLATING
SECTION 165.25 OR 165.30 OF THE PENAL LAW;
  (H) VAGRANCY OR PROSTITUTION; OR
  (I) OWNERSHIP, OPERATION, POSSESSION, CUSTODY OR CONTROL  OF  A  STILL
SUBSEQUENT TO JULY FIRST, NINETEEN HUNDRED FIFTY-FOUR.
  (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

S. 6005                            20

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
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 MARIHUANA  LICENSES.  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 FULLY TO EFFECTUATE THE
PROVISIONS OF THIS ARTICLE, INCLUDING THOSE PERTAINING TO:
  1. THE LICENSING OF MARIHUANA PRODUCERS, MARIHUANA  PROCESSORS,  MARI-
HUANA RETAILERS AND MARIHUANA RETAILERS FOR CONSUMPTION ON THE PREMISES,
INCLUDING PRESCRIBING FORMS AND ESTABLISHING APPLICATION, REINSTATEMENT,
AND RENEWAL FEES;
  2. THE QUALIFICATIONS FOR LICENSURE;
  3.  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;
  4. METHODS OF PRODUCING, PROCESSING, AND PACKAGING MARIHUANA, MARIHUA-
NA-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;
  5.  SECURITY  REQUIREMENTS  FOR MARIHUANA RETAILERS AND PREMISES WHERE
MARIHUANA PRODUCTS ARE PRODUCED OR PROCESSED, AND SAFETY  PROTOCOLS  FOR
LICENSEES AND THEIR EMPLOYEES; AND
  6. REQUIREMENTS TO PREVENT THE SALE OR DIVERSION OF MARIHUANA PRODUCTS
TO PERSONS UNDER THE AGE OF TWENTY-ONE.
  7.  SUCH  REGULATIONS  SHALL  NOT  PROHIBIT THE OPERATION OF MARIHUANA
ESTABLISHMENTS EITHER EXPRESSLY OR THROUGH REGULATIONS THAT  MAKE  THEIR
OPERATION UNREASONABLY IMPRACTICABLE.
  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 NO. ..,"  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.

S. 6005                            21

  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
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.

S. 6005                            22

  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-
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  NO. .........," AS THE CASE MAY BE, IN UNIFORM LETTERS NOT LESS
THAN THREE AND ONE-HALF INCHES IN HEIGHT.

S. 6005                            23

  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 NO. . . . . . . . . . ," 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.
  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

S. 6005                            24

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
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.

S. 6005                            25

  (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
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
CONSUMPTIONS  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.

S. 6005                            26

  (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  MARIHUANA  RETAIL  LICENSEE FOR ON-PREMISES CONSUMPTION SHALL
SUFFER OR PERMIT ANY CONTEST OR PROMOTION WHICH  ENDANGERS  THE  HEALTH,
SAFETY,  AND  WELFARE  OF  ANY  PERSON  WITH  DWARFISM.  ANY LICENSEE IN
VIOLATION OF THIS SECTION SHALL BE SUBJECT TO THE SUSPENSION OR  REVOCA-
TION  OF SAID LICENSEE'S LICENSE TO SELL MARIHUANA PRODUCTS FOR ON-PREM-
ISES CONSUMPTION. FOR THE PURPOSES OF THIS SECTION, THE TERM  "DWARFISM"
MEANS A CONDITION OF BEING ABNORMALLY SMALL WHICH IS CAUSED BY HEREDITY,
ENDOCRINE  DYSFUNCTION,  RENAL  INSUFFICIENCY  OR DEFICIENCY OR SKELETAL
DISEASES THAT RESULT IN DISPROPORTIONATE SHORT STATURE AND ADULT  HEIGHT
OF LESS THAN FOUR FEET TEN INCHES.
  (C)  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.
  (D)  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
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-

S. 6005                            27

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
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, INCLUDING RESTRICTING ADVERTISEMENTS  FOR  MARIHUANA  PRODUCTS

S. 6005                            28

DESIGNED  TO  APPEAL  TO  CHILDREN OR THE PLACEMENT OF ADVERTISEMENTS IN
VENUES WHERE SUCH ADVERTISEMENTS MAY BE VIEWED BY CHILDREN.
  2.  NO LICENSEE SHALL PLACE OR MAINTAIN A COMMERCIAL ADVERTISEMENT FOR
MARIHUANA PRODUCTS WITHIN ONE THOUSAND  FEET  OF  A  SCHOOL,  RECREATION
CENTER OR FACILITY, CHILD CARE CENTER, PUBLIC PARK, OR PUBLIC LIBRARY.
  3.  EVERY  PERSON  PROCURING A LICENSE HEREUNDER MUST PUBLISH A NOTICE
THEREOF IN ACCORDANCE WITH RULES  AND  REGULATIONS  PROMULGATED  BY  THE
AUTHORITY.
  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.
  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, SOLD OR POSSESSED FOR SALE
WITHIN THIS STATE.
  2. SUCH 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. THE PACKAGING, SALE, OR POSSESSION BY ANY LICENSEE OF ANY MARIHUANA
PRODUCT NOT LABELED OR OFFERED IN CONFORMITY WITH THIS SECTION SHALL  BE
GROUNDS  FOR  A  FINE,  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. 6005                            29

  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
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-SIX  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

S. 6005                            30

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
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. 6005                            31

  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
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;

S. 6005                            32

  (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
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

S. 6005                            33

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
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.

S. 6005                            34

  (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
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.

S. 6005                            35

  (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. 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  186.  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 FELONY OR ANY OF THE MISDEMEANORS DEFINED IN
SECTION  230.20  OR  230.40  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

S. 6005                            36

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.
  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 187. 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

S. 6005                            37

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
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  188.  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 189. 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.  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  CHAP-
TER, EXCEPT AS PURSUANT TO A VALID COURT ORDER.
  S  190.  CIVIL  PROTECTIONS  FOR THE USE OF MARIHUANA. THE PRESENCE OF
CANNABINOID METABOLITES IN THE BODILY FLUIDS  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 31. The tax law is amended by adding a new article 18-A to  read  as
follows:
                               ARTICLE 18-A
                    PROVISIONS RELATING TO MARIHUANA
SECTION 446. DEFINITIONS.
        447. TAXES IMPOSED.

S. 6005                            38

        448. COLLECTION OF TAX.
        449. FUND.
        450. LOCAL TAXES ON MARIHUANA BY A CITY OR TOWN.
        450-A.  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. "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
PROCESSORS  AND  SELL MARIHUANA, MARIHUANA INFUSED PRODUCTS, AND CONCEN-
TRATED CANNABIS IN A RETAIL OUTLET.
  9. "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. 6005                            39

  S  447.  TAXES  IMPOSED. AN EXCISE TAX IS HEREBY LEVIED UPON MARIHUANA
SOLD OR OTHERWISE TRANSFERRED FROM A MARIHUANA PRODUCER TO  A  MARIHUANA
PROCESSOR  AT  A  RATE OF FIFTY DOLLARS PER OUNCE OF MARIHUANA AND FIFTY
DOLLARS PER QUARTER OUNCE OF CONCENTRATED CANNABIS. IN THE EVENT THAT  A
PERSON  HOLDS BOTH A MARIHUANA PRODUCER LICENSE AND A MARIHUANA PROCESS-
ORS 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.
  S  448.  COLLECTION OF TAX. THIS TAX SHALL BE COLLECTED BY THE COMMIS-
SIONER WHO SHALL ESTABLISH A PROCEDURE FOR THE COLLECTION OF THIS TAX.
  S 449. 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)
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.
  S 450. LOCAL TAXES ON MARIHUANA BY A CITY OR TOWN. ANY CITY OR TOWN IN
THIS STATE, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY AUTHOR-
IZED 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-EIGHT 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-A.  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  32.  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

S. 6005                            40

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.
  S 33. 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 34. Paragraph (c) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by section 11 of part AAA of chapter 56 of the
laws of 2009, 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 possession of
methamphetamine manufacturing material in the second degree  as  defined
in  section 220.70 of the penal law, criminal possession of methampheta-
mine manufacturing material in the first degree as  defined  in  section
220.71 of the penal law, criminal possession of precursors of methamphe-
tamine  as defined in section 220.72 of the penal law, unlawful manufac-
ture of methamphetamine in the third degree as defined in section 220.73
of the penal law, unlawful manufacture of methamphetamine in the  second
degree  as defined in section 220.74 of the penal law, unlawful manufac-
ture of methamphetamine in the first degree as defined in section 220.75

S. 6005                            41

of the penal law, unlawful disposal of methamphetamine laboratory  mate-
rial 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 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 35. 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.  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  36. 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

S. 6005                            42

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
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  37.  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

S. 6005                            43

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
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 38. Paragraph (f) of subdivision 2 of section  850  of  the  general
business law is REPEALED.
  S  39.  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  40.  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

S. 6005                            44

the  alcoholic  beverage  control  law  produced by a licensed winery as
defined in section seventy-six of the alcoholic beverage control law.
  S 41. 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
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 42. 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 43. 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

S. 6005                            45

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  44.  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 45. This act shall take effect immediately.

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