S. 1747 2 also disproportionately impacted African-American and Latino communi- 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 any district government agency or office or 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 smok- ing tobacco is prohibited, or to require any individual to engage in any conduct that violates federal law or to exempt anyone from any require- ment of federal law or pose any obstacle to the federal enforcement of federal law. Nothing in this act is intended to limit any privileges or rights of a medical marihuana patient or medical marihuana caregiver under the New York Compassionate Care Act. 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, subdi- vision 41 as added by section 6 of part A of chapter 447 of the laws of 2012, and subdivisions 42 and 43 as added by section 13 of part D of chapter 60 of the laws of 2014, 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 S. 1747 3 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 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 S. 1747 4 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 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. S. 1747 5 [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: 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. S. 1747 6 [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, 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. [42.] 40. "Compounding" means the combining, admixing, mixing, dilut- ing, pooling, reconstituting, or otherwise altering of a drug or bulk drug substance to create a drug with respect to an outsourcing facility under section 503B of the federal Food, Drug and Cosmetic Act and further defined in this section. [43.] 41. "Outsourcing facility" means a facility that: (a) is engaged in the compounding of sterile drugs as defined in section sixty-eight hundred two of the education law; (b) is currently registered as an outsourcing facility pursuant to article one hundred thirty-seven of the education law; and (c) complies with all applicable requirements of federal and state law, including the Federal Food, Drug and Cosmetic Act. Notwithstanding any other provision of law to the contrary, when an outsourcing facility distributes or dispenses any drug to any person pursuant to a prescription, such outsourcing facility shall be deemed to be providing pharmacy services and shall be subject to all laws, rules and regulations governing pharmacies and pharmacy services. 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: S. 1747 7 /\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. [(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 misdemeanor. THE PROVISIONS OF THIS SECTION 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 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 tetrahydrocannabinols 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 S. 1747 8 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). 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: S. 1747 9 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. 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 S. 1747 10 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. 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. 1747 11 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 OR 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 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. Section 2 of the alcoholic beverage control law, as amended by chapter 406 of the laws of 2014, 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; for the primary purpose of promoting the health, welfare and safety of the people of the state, promoting temperance in the consumption of S. 1747 12 alcoholic beverages AND MARIHUANA PRODUCTS; and, to the extent possible, supporting economic growth, job development, and the state's alcoholic beverage production industries and its tourism and recreation industry; and which promotes the conservation and enhancement of state agricul- tural lands; provided that such activities do not conflict with the primary regulatory objectives of this chapter. It is hereby declared that such policies will best be carried out by empowering 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 provided for in this chap- ter. It is the purpose of this chapter to carry out these policies in the public interest. S 26. 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 PURCHASES 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. 20-F. "MARIHUANA-INFUSED PRODUCTS" MEANS PRODUCTS THAT CONTAIN MARI- HUANA, MARIHUANA EXTRACTS, OR CONCENTRATED CANNABIS AND ARE INTENDED FOR S. 1747 13 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 27. 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 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 S. 1747 14 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: (i) The contents of an evaluation pursuant to paragraph (c) of this subdivision shall be used for the sole purpose of determining if such S. 1747 15 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. 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. S. 1747 16 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 28. 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 29. 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 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 S. 1747 17 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? 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 S. 1747 18 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 30. 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 31. 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 S. 1747 19 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 32. Article 11 and sections 160, 161, 162, 163 and 164 of the alco- holic beverage control law, as renumbered by chapter 725 of the laws of 1954, are renumbered article 12 and sections 200, 201, 202, 203 and 204. S 33. 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 A VALID LICENSE ARE LAWFUL. 168. GENERAL PROHIBITIONS AND RESTRICTIONS. 169. CERTAIN OFFICIALS NOT TO BE INTERESTED IN MANUFACTURE OR SALE OF MARIHUANA. 170. PROVISIONS GOVERNING INITIAL RULEMAKING. 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. MINORITY AND WOMEN BUSINESS ENTERPRISES. 186. DISPOSITION OF MONEYS RECEIVED FOR LICENSE FEES. 187. PERSONS FORBIDDEN TO TRAFFIC IN MARIHUANA. 188. SURRENDER OF LICENSE; NOTICE TO POLICE OFFICIALS. 189. AUTHORITY TO PROMULGATE RULES AND REGULATIONS. 190. PROTECTIONS FOR THE USE OF MARIHUANA. 191. CIVIL PROTECTIONS FOR THE USE OF MARIHUANA. 192. PROFESSIONAL AND MEDICAL RECORD KEEPING. 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 A VALID LICENSE ARE LAWFUL. NO CONTRACTS RELATED TO THE OPERATION OF LICENSES UNDER THIS CHAPTER SHALL BE DEEMED UNENFORCEABLE ON THE BASIS THAT THE ACTIONS PERMITTED PURSUANT TO THE LICENSE ARE PROHIBITED BY FEDERAL LAW. THE FOLLOWING ACTIONS ARE S. 1747 20 NOT UNLAWFUL AS PROVIDED UNDER THIS CHAPTER, SHALL NOT BE AN OFFENSE UNDER NEW YORK LAW OR THE LAWS OF ANY LOCALITY WITHIN NEW YORK, AND SHALL NOT RESULT IN ANY CIVIL FINE, SEIZURE, OR FORFEITURE OF ASSETS AGAINST ANY PERSON ACTING IN ACCORDANCE WITH THIS CHAPTER: 1. ACTIONS OF A LICENSEE, ITS EMPLOYEES, AND ITS AGENTS, AS PERMITTED BY THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE AUTHOR- ITY, PURSUANT TO A VALID LICENSE ISSUED BY THE AUTHORITY. 2. ACTIONS OF THOSE WHO ALLOW PROPERTY TO BE USED BY A LICENSEE, ITS EMPLOYEES, AND ITS AGENTS, AS PERMITTED BY THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE AUTHORITY, PURSUANT TO A VALID LICENSE ISSUED BY THE AUTHORITY. 3. ACTIONS OF ANY PERSON OR ENTITY, THEIR EMPLOYEES, OR THEIR AGENTS PROVIDING A SERVICE TO A LICENSEE OR POTENTIAL LICENSEE, AS PERMITTED BY THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE AUTHORITY, RELATING TO THE FORMATION OF A BUSINESS. 4. THE PURCHASE, POSSESSION, OR CONSUMPTION OF MARIHUANA, AS PERMITTED BY THIS CHAPTER AND CONSISTENT WITH RULES AND REGULATIONS OF THE AUTHOR- ITY, OBTAINED FROM A VALIDLY LICENSED RETAILER. 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 TO GROW OR PROCESS MARIHUANA MAY EMPLOY ANY PERSON WHO HAS BEEN CONVICTED OF A CLASS B VIOLENT FELONY OFFENSE, A CLASS C VIOLENT FELONY OFFENSE, A CLASS D VIOLENT FELONY OFFENSE, OR A CLASS E VIOLENT FELONY OFFENSE AS DEFINED BY SECTION 70.02 OF THE PENAL LAW, UNLESS, SUBSEQUENT TO SUCH CONVICTION, THE PERSON HAS RECEIVED: (I) AN EXECUTIVE PARDON THEREFOR REMOVING ANY CIVIL DISABILITIES INCURRED THEREBY; (II) A CERTIFICATE OF RELIEF FROM DISABILITIES 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. (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 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, S. 1747 21 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 INITIAL RULEMAKING. 1. 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 TO FULLY EFFECTUATE THE PROVISIONS OF THIS ARTICLE. 2. THE AUTHORITY SHALL PROMULGATE NECESSARY RULES AND REGULATIONS GOVERNING THE LICENSING OF MARIHUANA PRODUCERS, MARIHUANA PROCESSORS, MARIHUANA RETAILERS AND MARIHUANA RETAILERS FOR CONSUMPTION ON THE PREM- ISES, INCLUDING: (A) PRESCRIBING FORMS AND ESTABLISHING APPLICATION, REINSTATEMENT, AND RENEWAL FEES; (B) THE QUALIFICATIONS FOR LICENSURE; (C) 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; (D) METHODS OF PRODUCING, PROCESSING, AND PACKAGING MARIHUANA, MARI- HUANA-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; AND (E) SECURITY REQUIREMENTS FOR MARIHUANA RETAILERS AND PREMISES WHERE MARIHUANA PRODUCTS ARE PRODUCED OR PROCESSED, AND SAFETY PROTOCOLS FOR LICENSEES AND THEIR EMPLOYEES. 3. THE LIQUOR AUTHORITY SHALL PROMULGATE RULES AND REGULATIONS THAT ARE CALCULATED TO: (A) PREVENT THE DISTRIBUTION OF MARIHUANA TO PERSONS UNDER TWENTY-ONE YEARS OF AGE; (B) PREVENT THE REVENUE FROM THE SALE OF MARIHUANA FROM GOING TO CRIM- INAL ENTERPRISES, GANGS, AND CARTELS; (C) PREVENT THE DIVERSION OF MARIHUANA FROM THIS STATE TO OTHER STATES; (D) PREVENT MARIHUANA ACTIVITY THAT IS LEGAL UNDER STATE LAW FROM BEING USED AS A COVER OR PRETEXT FOR THE TRAFFICKING OF OTHER ILLEGAL DRUGS OR OTHER ILLEGAL ACTIVITY; (E) PREVENT VIOLENCE AND THE USE OF FIREARMS IN THE CULTIVATION AND DISTRIBUTION OF MARIHUANA; (F) PREVENT DRUGGED DRIVING AND THE EXACERBATION OF OTHER ADVERSE PUBLIC HEALTH CONSEQUENCES ASSOCIATED WITH THE USE OF MARIHUANA; (G) PREVENT THE GROWING OF MARIHUANA ON PUBLIC LANDS AND THE ATTENDANT PUBLIC SAFETY AND ENVIRONMENTAL DANGERS POSED BY MARIHUANA PRODUCTION ON PUBLIC LANDS; AND (H) PREVENT THE POSSESSION AND USE OF MARIHUANA ON FEDERAL PROPERTY. 4. RULES AND REGULATIONS PROMULGATED BY THE LIQUOR AUTHORITY PURSUANT TO SUBDIVISION THREE OF THIS SECTION SHALL NOT PROHIBIT THE OPERATION OF MARIHUANA ESTABLISHMENTS EITHER EXPRESSLY OR THROUGH REGULATIONS THAT MAKE THEIR OPERATION UNREASONABLY IMPRACTICABLE. S. 1747 22 5. THE LIQUOR AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF AGRI- CULTURE AND MARKETS AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL PROMULGATE NECESSARY RULES AND REGULATIONS GOVERNING THE SAFE PRODUCTION OF MARIHUANA, INCLUDING RESTRICTIONS ON THE USE OF PESTI- CIDES. 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 NUMBER ..," 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. 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. S. 1747 23 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. 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 S. 1747 24 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 NUMBER .........," AS THE CASE MAY BE, IN UNIFORM LETTERS NOT LESS THAN THREE AND ONE-HALF INCHES IN HEIGHT. 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 NUMBER. . . . . . . . . . ," 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. S. 1747 25 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 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 S. 1747 26 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. (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 S. 1747 27 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 CONSUMPTION 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. (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 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. (C) 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 S. 1747 28 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- 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 S. 1747 29 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. 2. THE LIQUOR AUTHORITY SHALL PROMULGATE EXPLICIT RULES PROHIBITING ADVERTISING THAT: (A) IS FALSE, DECEPTIVE, OR MISLEADING; (B) PROMOTES OVERCONSUMPTION; (C) DEPICTS CONSUMPTION BY CHILDREN OR OTHER MINORS; (D) IS DESIGNED IN ANY WAY TO APPEAL TO CHILDREN OR OTHER MINORS; (E) IS WITHIN TWO HUNDRED FEET OF THE PERIMETER OF A SCHOOL GROUNDS, PLAYGROUND, CHILD CARE CENTER, PUBLIC PARK, OR LIBRARY; (F) IS IN PUBLIC TRANSIT VEHICLES AND STATIONS; (G) IS IN THE FORM OF AN UNSOLICITED INTERNET POP-UP; OR (H) IS ON PUBLICLY OWNED OR OPERATED PROPERTY. 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. 3. SUCH REGULATIONS SHALL REQUIRE THAT ALL MARIHUANA INFUSED PRODUCTS SHALL HAVE SEPARATE PACKAGING FOR EACH SERVING. 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 FOR SALE WITHIN THIS STATE. 2. SUCH RULES AND 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. SUCH RULES AND REGULATIONS SHALL REQUIRE INFORMATION CONTAINING THE LICENSE NUMBER OF THE MARIHUANA PRODUCER AND PROCESSOR FACILITIES WHERE THE MARIHUANA WAS GROWN AND PROCESSED. S. 1747 30 7. SUCH RULES AND REGULATIONS SHALL REQUIRE A COMPLETE LIST OF ALL NONORGANIC PESTICIDES, FUNGICIDES, AND HERBICIDES USED DURING THE CULTI- VATION OF THE MARIHUANA. 8. SUCH RULES AND REGULATIONS SHALL REQUIRE A CANNABINOID POTENCY PROFILE EXPRESSED AS A RANGE OF PERCENTAGES THAT EXTENDS FROM THE LOWEST PERCENTAGE TO HIGHEST PERCENTAGE OF CONCENTRATION FOR EACH CANNABINOID LISTED FROM EVERY TEST CONDUCTED ON THAT STRAIN OF RETAIL MARIHUANA CULTIVATED BY THE SAME MARIHUANA PRODUCER WITHIN THE LAST THREE MONTHS. 9. THE PACKAGING, SALE, OR POSSESSION BY ANY LICENSEE OF ANY MARIHUANA PRODUCT NOT LABELED OR OFFERED IN CONFORMITY WITH RULES AND REGULATIONS PROMULGATED IN ACCORDANCE WITH THIS SECTION SHALL BE GROUNDS FOR THE IMPOSITION OF A FINE, AND/OR THE 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 179. INFORMATION TO BE REQUESTE