Assembly Bill A5341

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5341
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by  M.  of A. ZACCARO, CRUZ -- read once and referred to the
   Committee on Economic Development
 
 AN ACT to amend the cannabis law,  the  education  law  and  the  social
   services  law,  in  relation  to restricting cannabis storefronts from
   being located within a certain distance from child day  care  centers,
   public  parks and playgrounds and specifying that cannabis storefronts
   shall be restricted from  locating  within  a  certain  distance  from
   schools,  child  day  care  centers and houses of worship located in a
   mixed use building
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 6 of section 72 of the cannabis law is amended
 to read as follows:
   6. No cannabis retail licensee shall locate a storefront  within  five
 hundred feet of [a] school grounds as such term is defined in the educa-
 tion  law, A CHILD DAY CARE CENTER AS DEFINED IN PARAGRAPH (C) OF SUBDI-
 VISION ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, A
 PUBLIC PARK OR A PLAYGROUND, or within two hundred feet of  a  house  of
 worship.  FOR  PURPOSES  OF THIS SUBDIVISION, A "HOUSE OF WORSHIP" SHALL
 INCLUDE ANY AREA, INCLUDING ENTRANCES AND EXITS, IN A MIXED USE BUILDING
 WHICH CONTAINS OR IS USED AS A HOUSE OF WORSHIP.
   § 2. Subdivision 4 of section 77 of the cannabis  law  is  amended  to
 read as follows:
   4.  No  applicant  shall  be  granted an adult-use on-site consumption
 license for any premises within five hundred feet of school  grounds  as
 such  term  is  defined in the education law, A CHILD DAY CARE CENTER AS
 DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE  OF  SECTION  THREE  HUNDRED
 NINETY OF THE SOCIAL SERVICES LAW, A PUBLIC PARK OR A PLAYGROUND, or two
 hundred feet from a house of worship.  FOR PURPOSES OF THIS SUBDIVISION,
 A  "HOUSE  OF  WORSHIP"  SHALL INCLUDE ANY AREA, INCLUDING ENTRANCES AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07008-03-5
 A. 5341                             2
              

 
 EXITS, IN A MIXED USE BUILDING WHICH CONTAINS OR IS USED AS A  HOUSE  OF
 WORSHIP.
   §  3. Subdivision 2 of section 409 of the education law, as amended by
 chapter 449 of the laws of 2012, is amended to read as follows:
   2. Notwithstanding the provisions of any  other  law,  rule  or  regu-
 lation,  tobacco  use  shall  not  be  permitted and no person shall use
 tobacco on school grounds. "School grounds" means any  building,  struc-
 ture  and  surrounding  outdoor  grounds,  including entrances or exits,
 contained within a public or private pre-school, nursery school, elemen-
 tary or secondary school's legally defined property boundaries as regis-
 tered in a county clerk's office. "SCHOOL GROUNDS"  SHALL  ALSO  INCLUDE
 ANY  AREA,  INCLUDING  ENTRANCES OR EXITS, IN A MIXED USE BUILDING WHICH
 CONTAINS OR IS USED AS A PUBLIC OR PRIVATE PRE-SCHOOL,  NURSERY  SCHOOL,
 ELEMENTARY SCHOOL, SECONDARY SCHOOL OR CHARTER SCHOOL.
   §  4.  Paragraph  (c)  of  subdivision  1 of section 390 of the social
 services law, as added by chapter 750 of the laws of 1990, is amended to
 read as follows:
   (c) "Child day care center" shall mean any program or facility  caring
 for  children for more than three hours per day per child in which child
 day care is provided by a child day care provider except those  programs
 operating  as  a  group  family day care home as such term is defined in
 paragraph (d) of this subdivision, a family day care home, as such  term
 is  defined in paragraph (e) of this subdivision, and a school-age child
 care program, as such term is defined in paragraph (f) of this  subdivi-
 sion.  A  "CHILD  DAY  CARE  CENTER"  SHALL  INCLUDE ANY AREA, INCLUDING
 ENTRANCES AND EXITS, IN A MIXED USE BUILDING WHICH CONTAINS OR  IS  USED
 AS A CHILD DAY CARE CENTER.
   § 5. This act shall take effect immediately.