§ 715-a. Grounds and procedure for removal of commercial tenants for
unlicensed cannabis retail sale. 1. Any duly authorized enforcement
agency of the state or of a subdivision thereof, under a duty to enforce
the provisions of the penal law or of any state or local law, ordinance,
code, rule or regulation relating to buildings, or the cannabis control
board, office of cannabis management or the attorney general pursuant to
section one hundred thirty-eight-a of the cannabis law, may serve
personally upon the owner or landlord of real property authorized or
otherwise intended or advertised, in whole or part, for use to buy, sell
or otherwise provide goods or services, or for other business,
commercial, professional services or manufacturing activities, or upon
their agent, a written notice requiring the owner or landlord to make an
application for the removal of a commercial tenant so using or occupying
the same for a violation of article two hundred twenty-two of the penal
law or article six of the cannabis law involving the unlicensed sale of
cannabis, where such property, or the portion thereof being used for
such unlicensed activity, is not occupied for any other licensed or
lawful purpose. If the owner or landlord or their agent does not make
such application within five days thereafter; or, having made it, does
not in good faith diligently prosecute it, the enforcement agency giving
the notice may bring a proceeding under this article for such removal as
though the petitioner were the owner or landlord of the premises, and
shall have precedence over any similar proceeding thereafter brought by
such owner or landlord or to one theretofore brought by them and not
prosecuted diligently and in good faith. An enforcement agency
authorized to bring a petition hereunder may do so on their own
initiative or upon a referral from an agency of the state or a
subdivision thereof. The person in possession of the property, as well
as any lessee or sublessee and the owner or landlord shall be made
respondents in the proceeding.

2. A court, upon a finding of such violation may, in addition to any
other order provided by law:

(a) grant a petition pursuant to this section ordering the immediate
removal of such tenant;

(b) impose and require the payment by any respondent not otherwise
subject to a civil penalty under section sixteen or one hundred
twenty-five of the cannabis law, who has been found to have knowingly
permitted such a violation, a civil penalty not exceeding three times
the amount of rent charged for the duration of the violation;

(c) order the payment of reasonable attorneys fees and the costs of
the proceeding to the petitioner; and

(d) order that any such multiple respondents shall be jointly and
severally liable for any payment so ordered under this subdivision.

3. For the purposes of a proceeding under this section, an enforcement
agency of the state or of a subdivision thereof, which may commence a
proceeding under this section, may subpoena witnesses, compel their
attendance, examine them under oath before themselves or a court and
require that any books, records, documents or papers relevant or
material to the inquiry be turned over to them for inspection,
examination or audit, pursuant to the civil practice law and rules.

4. The use or occupancy of premises solely or primarily for the
unlicensed retail sale of cannabis shall constitute an illegal trade,
manufacture, or other business for the purposes of section two hundred
thirty-one of the real property law.