Assembly Bill A7842

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7842
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Economic Development
 
 AN  ACT to amend the public health law and the cannabis law, in relation
   to prohibiting vapor  products  dealer  storefronts,  cannabis  retail
   licensee  storefronts,  and  adult-use  on-site  cannabis  consumption
   licenses in certain locations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 1399-mm-4 to read as follows:
   § 1399-MM-4. VAPOR PRODUCTS DEALER STOREFRONT  LOCATION  RESTRICTIONS.
 1.    NO VAPOR PRODUCTS DEALER SHALL LOCATE A STOREFRONT WITHIN ONE MILE
 OF SCHOOL GROUNDS AS SUCH TERM IS DEFINED IN THE EDUCATION LAW, A  HOUSE
 OF  WORSHIP,  A PARK AS SUCH TERM IS DEFINED IN SECTION 1399-O-2 OF THIS
 CHAPTER, OR A PLAYGROUND AS SUCH TERM IS DEFINED IN SECTION 1399-O-1  OF
 THIS  CHAPTER, OR IN A MIXED-USE BUILDING IN WHICH THERE ARE ONE OR MORE
 RESIDENCES.
   2. MUNICIPALITIES SHALL REVOKE THE CERTIFICATE OF OCCUPANCY  OF  VAPOR
 PRODUCTS DEALER STOREFRONTS LOCATED WITHIN ONE MILE OF SCHOOL GROUNDS AS
 SUCH TERM IS DEFINED IN THE EDUCATION LAW, A HOUSE OF WORSHIP, A PARK AS
 SUCH  TERM  IS  DEFINED  IN SECTION 1399-O-2 OF THIS CHAPTER, OR A PLAY-
 GROUND AS SUCH TERM IS DEFINED IN SECTION 1399-O-1 OF THIS  CHAPTER,  OR
 IN  A  MIXED-USE  BUILDING  IN  WHICH  THERE ARE ONE OR MORE RESIDENCES,
 PROVIDED SUCH VAPOR PRODUCTS DEALER STOREFRONT WAS ESTABLISHED  IN  SUCH
 LOCATION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, IN ACCORDANCE WITH
 THE FOLLOWING SCHEDULE:
   (A)  THE  CERTIFICATE  OF  OCCUPANCY OF ANY SUCH VAPOR PRODUCTS DEALER
 STOREFRONT ESTABLISHED WITH LESS THAN TWENTY  THOUSAND  ONE  DOLLARS  OF
 CAPITAL INVESTMENT SHALL BE REVOKED PRIOR TO ONE YEAR FROM THE EFFECTIVE
 DATE OF THIS SECTION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11362-01-5
 A. 7842                             2
              

 
   (B)  THE  CERTIFICATE  OF  OCCUPANCY OF ANY SUCH VAPOR PRODUCTS DEALER
 STOREFRONT ESTABLISHED WITH  TWENTY  THOUSAND  ONE  TO  THIRTY  THOUSAND
 DOLLARS  OF  CAPITAL INVESTMENT SHALL BE REVOKED PRIOR TO TWO YEARS FROM
 THE EFFECTIVE DATE OF THIS SECTION;
   (C)  THE  CERTIFICATE  OF  OCCUPANCY OF ANY SUCH VAPOR PRODUCTS DEALER
 STOREFRONT ESTABLISHED  WITH  THIRTY  THOUSAND  ONE  TO  FIFTY  THOUSAND
 DOLLARS OF CAPITAL INVESTMENT SHALL BE REVOKED PRIOR TO THREE YEARS FROM
 THE EFFECTIVE DATE OF THIS SECTION;
   (D)  THE  CERTIFICATE  OF  OCCUPANCY OF ANY SUCH VAPOR PRODUCTS DEALER
 STOREFRONT ESTABLISHED WITH FIFTY THOUSAND ONE TO SEVENTY-FIVE  THOUSAND
 DOLLARS  OF CAPITAL INVESTMENT SHALL BE REVOKED PRIOR TO FOUR YEARS FROM
 THE EFFECTIVE DATE OF THIS SECTION; AND
   (E) THE CERTIFICATE OF OCCUPANCY OF ANY SUCH VAPOR PRODUCTS STOREFRONT
 ESTABLISHED WITH SEVENTY-FIVE THOUSAND ONE DOLLARS OR  MORE  OF  CAPITAL
 INVESTMENT  SHALL BE REVOKED PRIOR TO FIVE YEARS FROM THE EFFECTIVE DATE
 OF THIS SECTION.
   § 2. Subdivision 6 of section 72 of the cannabis  law  is  amended  to
 read as follows:
   6.  (A)  No  cannabis retail licensee shall locate a storefront within
 [five hundred feet] ONE MILE of a school grounds as such term is defined
 in the education law [or  within  two  hundred  feet  of],  a  house  of
 worship,  A  PARK  AS  SUCH  TERM  IS DEFINED IN SECTION 1399-O-2 OF THE
 PUBLIC HEALTH LAW, OR A PLAYGROUND AS SUCH TERM IS  DEFINED  IN  SECTION
 1399-O-1  OF  THE PUBLIC HEALTH LAW, OR IN A MIXED-USE BUILDING IN WHICH
 THERE ARE ONE OR MORE RESIDENCES.
   (B) MUNICIPALITIES SHALL REVOKE THE CERTIFICATE OF OCCUPANCY OF CANNA-
 BIS RETAIL LICENSEE  STOREFRONTS  LOCATED  WITHIN  ONE  MILE  OF  SCHOOL
 GROUNDS  AS  SUCH  TERM  IS  DEFINED  IN  THE  EDUCATION LAW, A HOUSE OF
 WORSHIP, A PARK AS SUCH TERM IS  DEFINED  IN  SECTION  1399-O-2  OF  THE
 PUBLIC  HEALTH  LAW,  OR A PLAYGROUND AS SUCH TERM IS DEFINED IN SECTION
 1399-O-1 OF THE PUBLIC HEALTH LAW, OR IN A MIXED-USE BUILDING  IN  WHICH
 THERE ARE ONE OR MORE RESIDENCES, PROVIDED SUCH CANNABIS RETAIL LICENSEE
 STOREFRONT  WAS ESTABLISHED IN SUCH LOCATION PRIOR TO THE EFFECTIVE DATE
 OF THIS PARAGRAPH, IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
   (I) THE CERTIFICATE OF OCCUPANCY OF ANY SUCH CANNABIS RETAIL  LICENSEE
 STOREFRONT  ESTABLISHED  WITH  LESS  THAN TWENTY THOUSAND ONE DOLLARS OF
 CAPITAL INVESTMENT SHALL BE REVOKED PRIOR TO ONE YEAR FROM THE EFFECTIVE
 DATE OF THIS PARAGRAPH;
   (II) THE CERTIFICATE OF OCCUPANCY OF ANY SUCH CANNABIS RETAIL LICENSEE
 STOREFRONT ESTABLISHED WITH  TWENTY  THOUSAND  ONE  TO  THIRTY  THOUSAND
 DOLLARS  OF  CAPITAL INVESTMENT SHALL BE REVOKED PRIOR TO TWO YEARS FROM
 THE EFFECTIVE DATE OF THIS PARAGRAPH;
   (III) THE CERTIFICATE OF OCCUPANCY OF ANY SUCH CANNABIS RETAIL  LICEN-
 SEE  STOREFRONT  ESTABLISHED  WITH THIRTY THOUSAND ONE TO FIFTY THOUSAND
 DOLLARS OF CAPITAL INVESTMENT SHALL BE REVOKED PRIOR TO THREE YEARS FROM
 THE EFFECTIVE DATE OF THIS PARAGRAPH;
   (IV) THE CERTIFICATE OF OCCUPANCY OF ANY SUCH CANNABIS RETAIL LICENSEE
 STOREFRONT ESTABLISHED WITH FIFTY THOUSAND ONE TO SEVENTY-FIVE  THOUSAND
 DOLLARS  OF CAPITAL INVESTMENT SHALL BE REVOKED PRIOR TO FOUR YEARS FROM
 THE EFFECTIVE DATE OF THIS PARAGRAPH; AND
   (V) THE CERTIFICATE OF OCCUPANCY OF ANY SUCH CANNABIS RETAIL  LICENSEE
 STOREFRONT ESTABLISHED WITH SEVENTY-FIVE THOUSAND ONE DOLLARS OR MORE OF
 CAPITAL  INVESTMENT SHALL BE REVOKED PRIOR TO FIVE YEARS FROM THE EFFEC-
 TIVE DATE OF THIS PARAGRAPH.
   § 3. Subdivision 4 of section 77 of the cannabis  law  is  amended  to
 read as follows:
 A. 7842                             3
 
   4.  (A) No applicant shall be granted an adult-use on-site consumption
 license for any premises within [five hundred feet] ONE MILE  of  school
 grounds  as  such  term  is defined in the education law [or two hundred
 feet from], a house of worship, A  PARK  AS  SUCH  TERM  IS  DEFINED  IN
 SECTION  1399-O-2 OF THE PUBLIC HEALTH LAW, OR A PLAYGROUND AS SUCH TERM
 IS DEFINED IN SECTION 1399-O-1 OF THE PUBLIC HEALTH LAW, OR IN A  MIXED-
 USE BUILDING IN WHICH THERE ARE ONE OR MORE RESIDENCES.
   (B)  MUNICIPALITIES  SHALL  REVOKE THE CERTIFICATE OF OCCUPANCY OF ANY
 PREMISES WITH AN ADULT-USE ON-SITE CONSUMPTION  LICENSE  LOCATED  WITHIN
 ONE MILE OF SCHOOL GROUNDS AS SUCH TERM IS DEFINED IN THE EDUCATION LAW,
 A  HOUSE  OF WORSHIP, A PARK AS SUCH TERM IS DEFINED IN SECTION 1399-O-2
 OF THE PUBLIC HEALTH LAW, OR A PLAYGROUND AS SUCH  TERM  IS  DEFINED  IN
 SECTION 1399-O-1 OF THE PUBLIC HEALTH LAW, OR IN A MIXED-USE BUILDING IN
 WHICH  THERE ARE ONE OR MORE RESIDENCES, PROVIDED SUCH ADULT-USE ON-SITE
 CONSUMPTION LICENSE WAS ISSUED FOR SUCH PREMISES PRIOR TO THE  EFFECTIVE
 DATE OF THIS PARAGRAPH, IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
   (I)  THE  CERTIFICATE OF OCCUPANCY OF ANY SUCH PREMISES WITH AN ADULT-
 USE ON-SITE CONSUMPTION LICENSE ESTABLISHED WITH LESS THAN TWENTY  THOU-
 SAND  ONE  DOLLARS  OF  CAPITAL INVESTMENT SHALL BE REVOKED PRIOR TO ONE
 YEAR FROM THE EFFECTIVE DATE OF THIS PARAGRAPH;
   (II) THE CERTIFICATE OF OCCUPANCY OF ANY SUCH PREMISES WITH AN  ADULT-
 USE  ON-SITE CONSUMPTION LICENSE ESTABLISHED WITH TWENTY THOUSAND ONE TO
 THIRTY THOUSAND DOLLARS OF CAPITAL INVESTMENT SHALL BE REVOKED PRIOR  TO
 TWO YEARS FROM THE EFFECTIVE DATE OF THIS PARAGRAPH;
   (III)  THE  CERTIFICATE  OF  OCCUPANCY  OF  ANY  SUCH PREMISES WITH AN
 ADULT-USE ON-SITE CONSUMPTION LICENSE ESTABLISHED WITH  THIRTY  THOUSAND
 ONE  TO  FIFTY  THOUSAND  DOLLARS OF CAPITAL INVESTMENT SHALL BE REVOKED
 PRIOR TO THREE YEARS FROM THE EFFECTIVE DATE OF THIS PARAGRAPH;
   (IV) THE CERTIFICATE OF OCCUPANCY OF ANY SUCH PREMISES WITH AN  ADULT-
 USE  ON-SITE  CONSUMPTION LICENSE ESTABLISHED WITH FIFTY THOUSAND ONE TO
 SEVENTY-FIVE THOUSAND DOLLARS OF CAPITAL  INVESTMENT  SHALL  BE  REVOKED
 PRIOR TO FOUR YEARS FROM THE EFFECTIVE DATE OF THIS PARAGRAPH; AND
   (V)  THE  CERTIFICATE OF OCCUPANCY OF ANY SUCH PREMISES WITH AN ADULT-
 USE ON-SITE CONSUMPTION LICENSE ESTABLISHED WITH  SEVENTY-FIVE  THOUSAND
 ONE DOLLARS OR MORE OF CAPITAL INVESTMENT SHALL BE REVOKED PRIOR TO FIVE
 YEARS FROM THE EFFECTIVE DATE OF THIS PARAGRAPH.
   § 4. This act shall take effect immediately.