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This entry was published on 2021-04-09
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Notification to municipalities of adult-use retail dispensary or on-site consumption license
§ 76. Notification to municipalities of adult-use retail dispensary or
on-site consumption license. 1. Not less than thirty days nor more than
two hundred seventy days before filing an application for licensure as
an adult-use retail dispensary or registered organization adult-use
cultivator processor distributor retail dispensary or an on-site
consumption licensee, an applicant shall notify the municipality in
which the premises is located of such applicant's intent to file such an

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
jurisdiction over the area in which the premises is located shall be
considered the appropriate public body to which notification shall be

3. Such notification shall be made in such form as shall be prescribed
by the rules of the board.

4. When a city, town, or village, and in New York city a community
board, expresses an opinion for or against the granting of such
registration, license or permit application, any such opinion shall be
deemed part of the record upon which the office makes its recommendation
to the board to grant or deny the application and the board shall
respond in writing to such city, town, village or community board with
an explanation of how such opinion was considered in the granting or
denial of an application.

5. Such notification shall be made by: (a) certified mail, return
receipt requested; (b) overnight delivery service with proof of mailing;
or (c) personal service upon the offices of the clerk or community

6. The board shall require such notification to be on a standardized
form that can be obtained on the internet or from the board and such
notification to include:

(a) the trade name or "doing business as" name, if any, of the

(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
representative of the applicant, if any;

(f) a statement indicating whether the application is for:

(i) a new establishment;

(ii) a transfer of an existing licensed business;

(iii) a renewal of an existing license; or

(iv) an alteration of an existing licensed premises;

(g) if the establishment is a transfer or previously licensed
premises, the name of the old establishment and such establishment's
registration or license number;

(h) in the case of a renewal or alteration application, the
registration or license number of the applicant; and

(i) the type of license.