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S01747 Summary:

BILL NOS01747
 
SAME ASSAME AS A03089-A
 
SPONSORKRUEGER
 
COSPNSRDILAN, HASSELL-THOMPSON, HOYLMAN, MONTGOMERY, PARKER, PERALTA, PERKINS, RIVERA
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts the "marihuana regulation and taxation act"; relates to the description of marihuana, and the growing of and use of marihuana by persons eighteen years of age or older; makes technical changes regarding the definition of marihuana; relates to the qualification of certain offenses involving marihuana and exempts certain persons from prosecution for the use, consumption, display, production or distribution of marihuana; provides for the licensure of persons authorized to produce, process and sell marihuana; levies an excise tax on certain sales of marihuana; repeals certain provisions of the penal law relating to the criminal sale of marihuana and provisions of the general business law relating to drug paraphernalia; makes an appropriation therefor.
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S01747 Actions:

BILL NOS01747
 
01/14/2015REFERRED TO FINANCE
01/06/2016REFERRED TO FINANCE
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S01747 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1747
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2015
                                       ___________
 
        Introduced  by Sens. KRUEGER, DILAN, HOYLMAN, MONTGOMERY, RIVERA -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Finance
 
        AN ACT to amend the public health law, in relation to the description of
          marihuana, and the growing of and use of marihuana by persons eighteen
          years  of  age  or  older;  to  amend  the vehicle and traffic law, in
          relation to making technical changes regarding the definition of mari-
          huana; to amend the penal law, in relation  to  the  qualification  of
          certain  offenses  involving  marihuana  and to exempt certain persons
          from prosecution for the  use,  consumption,  display,  production  or
          distribution  of  marihuana;  to  amend the alcoholic beverage control
          law, in relation to providing for the licensure of persons  authorized
          to  produce,  process  and  sell  marihuana;  to amend the tax law, in
          relation to providing for the levying of  an  excise  tax  on  certain
          sales  of  marihuana;  to  amend the criminal procedure law, the civil
          practice law and rules, the general business law,  the  state  finance
          law, the executive law, the penal law and the vehicle and traffic law,
          in  relation  to making conforming changes; to repeal sections 221.10,
          221.25, 221.30, 221.50 and 221.55 of the penal  law  relating  to  the
          criminal  possession and sale of marihuana; to repeal paragraph (f) of
          subdivision 2 of section 850 of the general business law  relating  to
          drug related paraphernalia; and making an appropriation therefor
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the  "marihuana
     2  regulation and taxation act".
     3    §  2.  Legislative  findings  and  intent.  The legislature finds that
     4  decades of arresting marihuana users has failed to prevent marihuana use
     5  or prevent minors from accessing marihuana. Existing marihuana laws have
     6  created a violent, illegal drug market that consumes millions of dollars
     7  in criminal justice resources each year.  Existing marihuana  laws  have
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01895-04-5

        S. 1747                             2
 
     1  also  disproportionately  impacted  African-American and Latino communi-
     2  ties.  Regulating, controlling, and taxing marihuana like  alcohol  will
     3  save  criminal  justice  resources,  reduce violent crime, reduce racial
     4  disparities, and generate revenue.
     5    Additionally,  industrial  hemp is produced in at least 30 nations and
     6  used to create thousands of products  including  paper,  textiles,  food
     7  oils, automotive parts, and personal care products. Hundreds of millions
     8  of  dollars  of  industrial  hemp products are sold in the United States
     9  each year.
    10    The intent of this act is to regulate, control, and tax marihuana in a
    11  manner similar to alcohol, generate millions of dollars in new  revenue,
    12  prevent  access  to  marihuana by those under the age of eighteen years,
    13  reduce the illegal drug market and  reduce  violent  crime,  reduce  the
    14  racially  disparate  impact of existing marihuana laws, allow industrial
    15  hemp to be farmed in New York  state,  and  create  new  industries  and
    16  increase employment.
    17    Nothing in this act is intended to limit the authority of any district
    18  government  agency  or office or employers to enact and enforce policies
    19  pertaining to marihuana in the workplace, to  allow  driving  under  the
    20  influence  of  marihuana, to allow individuals to engage in conduct that
    21  endangers others, to allow smoking marihuana in any location where smok-
    22  ing tobacco is prohibited, or to require any individual to engage in any
    23  conduct that violates federal law or to exempt anyone from any  require-
    24  ment  of  federal law or pose any obstacle to the federal enforcement of
    25  federal law.
    26    Nothing in this act is intended to limit any privileges or rights of a
    27  medical marihuana patient or medical marihuana caregiver under  the  New
    28  York Compassionate Care Act.
    29    § 3. Section 3302 of the public health law, as added by chapter 878 of
    30  the  laws  of  1972,  subdivisions  1,  14, 16, 17 and 27 as amended and
    31  subdivisions 4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19, 20, 21, 22, 23,  24,
    32  25,  26, 28, 29 and 30 as renumbered by chapter 537 of the laws of 1998,
    33  subdivisions 9 and 10 as amended and subdivisions 34, 35, 36, 37, 38, 39
    34  and 40 as added by chapter 178 of the laws of  2010,  paragraph  (a)  of
    35  subdivision  20, the opening paragraph of subdivision 22 and subdivision
    36  29 as amended by chapter 163 of the laws  of  1973,  subdivision  31  as
    37  amended by section 4 of part A of chapter 58 of the laws of 2004, subdi-
    38  vision  41 as added by section 6 of part A of chapter 447 of the laws of
    39  2012, and subdivisions 42 and 43 as added by section 13  of  part  D  of
    40  chapter 60 of the laws of 2014, is amended to read as follows:
    41    §  3302.  Definitions  of terms of general use in this article. Except
    42  where  different  meanings  are  expressly   specified   in   subsequent
    43  provisions of this article, the following terms have the following mean-
    44  ings:
    45    1.  "Addict" means a person who habitually uses a controlled substance
    46  for a non-legitimate or unlawful use, and who by reason of such  use  is
    47  dependent thereon.
    48    2.   "Administer"   means  the  direct  application  of  a  controlled
    49  substance, whether by injection, inhalation,  ingestion,  or  any  other
    50  means, to the body of a patient or research subject.
    51    3.  "Agent" means an authorized person who acts on behalf of or at the
    52  direction of a manufacturer, distributor, or dispenser. No person may be
    53  authorized to so act if under title  VIII  of  the  education  law  such
    54  person  would  not  be  permitted to engage in such conduct. It does not
    55  include a common or contract carrier, public warehouseman,  or  employee

        S. 1747                             3
 
     1  of  the  carrier  or  warehouseman  when  acting in the usual and lawful
     2  course of the carrier's or warehouseman's business.
     3    4. ["Concentrated Cannabis" means
     4    (a)  the  separated  resin, whether crude or purified, obtained from a
     5  plant of the genus Cannabis; or
     6    (b) a material, preparation,  mixture,  compound  or  other  substance
     7  which  contains  more than two and one-half percent by weight of delta-9
     8  tetrahydrocannabinol, or  its  isomer,  delta-8  dibenzopyran  numbering
     9  system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) mono-
    10  terpene numbering system.
    11    5.]  "Controlled  substance" means a substance or substances listed in
    12  section thirty-three hundred six of this [chapter] title.
    13    [6.] 5. "Commissioner" means commissioner of health of  the  state  of
    14  New York.
    15    [7.]  6.  "Deliver"  or  "delivery"  means the actual, constructive or
    16  attempted transfer from one person to another of a controlled substance,
    17  whether or not there is an agency relationship.
    18    [8.] 7. "Department" means the department of health of  the  state  of
    19  New York.
    20    [9.] 8. "Dispense" means to deliver a controlled substance to an ulti-
    21  mate user or research subject by lawful means, including by means of the
    22  internet, and includes the packaging, labeling, or compounding necessary
    23  to prepare the substance for such delivery.
    24    [10.] 9. "Distribute" means to deliver a controlled substance, includ-
    25  ing by means of the internet, other than by administering or dispensing.
    26    [11.]  10.  "Distributor"  means a person who distributes a controlled
    27  substance.
    28    [12.] 11. "Diversion" means manufacture, possession, delivery  or  use
    29  of  a  controlled  substance by a person or in a manner not specifically
    30  authorized by law.
    31    [13.] 12. "Drug" means
    32    (a) substances recognized as drugs in the official United States Phar-
    33  macopoeia, official Homeopathic Pharmacopoeia of the United  States,  or
    34  official National Formulary, or any supplement to any of them;
    35    (b)  substances  intended  for use in the diagnosis, cure, mitigation,
    36  treatment, or prevention of disease in man or animals; and
    37    (c) substances (other than food) intended to affect the structure or a
    38  function of the body of man or animal. It does not  include  devices  or
    39  their components, parts, or accessories.
    40    [14.]  13. "Federal agency" means the Drug Enforcement Administration,
    41  United States Department of Justice, or its successor agency.
    42    [15.] 14. "Federal controlled substances act" means the  Comprehensive
    43  Drug  Abuse  Prevention  and Control Act of 1970, Public Law 91-513, and
    44  any act or  acts  amendatory  or  supplemental  thereto  or  regulations
    45  promulgated thereunder.
    46    [16.]  15. "Federal registration number" means such number assigned by
    47  the Federal agency to any person authorized to manufacture,  distribute,
    48  sell, dispense or administer controlled substances.
    49    [17.]  16.  "Habitual  user"  means any person who is, or by reason of
    50  repeated use of any controlled substance for non-legitimate or  unlawful
    51  use is in danger of becoming, dependent upon such substance.
    52    [18.]  17.  "Institutional  dispenser"  means  a  hospital, veterinary
    53  hospital, clinic,  dispensary,  maternity  home,  nursing  home,  mental
    54  hospital or similar facility approved and certified by the department as
    55  authorized  to  obtain  controlled  substances  by  distribution  and to

        S. 1747                             4
 
     1  dispense and administer such substances pursuant to the order of a prac-
     2  titioner.
     3    [19.]  18.  "License"  means  a  written  authorization  issued by the
     4  department or the New York  state  department  of  education  permitting
     5  persons  to  engage  in  a specified activity with respect to controlled
     6  substances.
     7    [20.] 19. "Manufacture"  means  the  production,  preparation,  propa-
     8  gation,   compounding,   cultivation,  conversion  or  processing  of  a
     9  controlled substance, either directly or  indirectly  or  by  extraction
    10  from substances of natural origin, or independently by means of chemical
    11  synthesis, or by a combination of extraction and chemical synthesis, and
    12  includes  any  packaging  or repackaging of the substance or labeling or
    13  relabeling of its container, except that this term does not include  the
    14  preparation,   compounding,   packaging  or  labeling  of  a  controlled
    15  substance:
    16    (a) by a practitioner as an incident to his administering or  dispens-
    17  ing  of  a  controlled substance in the course of his professional prac-
    18  tice; or
    19    (b) by a practitioner, or by his authorized  agent  under  his  super-
    20  vision, for the purpose of, or as an incident to, research, teaching, or
    21  chemical analysis and not for sale; or
    22    (c)  by  a pharmacist as an incident to his dispensing of a controlled
    23  substance in the course of his professional practice.
    24    [21. "Marihuana" means all parts of the plant of the  genus  Cannabis,
    25  whether  growing or not; the seeds thereof; the resin extracted from any
    26  part of the plant; and every compound,  manufacture,  salt,  derivative,
    27  mixture,  or  preparation  of the plant, its seeds or resin. It does not
    28  include the mature stalks of the plant, fiber produced from the  stalks,
    29  oil  or cake made from the seeds of the plant, any other compound, manu-
    30  facture, salt, derivative, mixture, or preparation of the mature  stalks
    31  (except  the  resin  extracted  therefrom),  fiber, oil, or cake, or the
    32  sterilized seed of the plant which is incapable of germination.
    33    22.] 20. "Narcotic drug" means any of the following, whether  produced
    34  directly  or  indirectly  by  extraction  from  substances  of vegetable
    35  origin, or independently by means of chemical synthesis, or by a  combi-
    36  nation of extraction and chemical synthesis:
    37    (a)  opium and opiate, and any salt, compound, derivative, or prepara-
    38  tion of opium or opiate;
    39    (b) any salt, compound, isomer,  derivative,  or  preparation  thereof
    40  which  is  chemically equivalent or identical with any of the substances
    41  referred to in [subdivision] paragraph (a) of this subdivision, but  not
    42  including the isoquinoline alkaloids of opium;
    43    (c) opium poppy and poppy straw.
    44    [23.]  21. "Opiate" means any substance having an addiction-forming or
    45  addiction-sustaining liability similar to morphine or being  capable  of
    46  conversion  into a drug having addiction-forming or addiction-sustaining
    47  liability. It  does  not  include,  unless  specifically  designated  as
    48  controlled  under section [3306] thirty-three hundred six of this [arti-
    49  cle] title, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and
    50  its salts (dextromethorphan). It does include its racemic and  levorota-
    51  tory forms.
    52    [24.]  22.  "Opium  poppy"  means  the  plant  of  the species Papaver
    53  somniferum L., except its seeds.
    54    [25.] 23. "Person" means individual, institution, corporation, govern-
    55  ment or governmental subdivision  or  agency,  business  trust,  estate,
    56  trust, partnership or association, or any other legal entity.

        S. 1747                             5
 
     1    [26.]  24. "Pharmacist" means any person licensed by the state depart-
     2  ment of education to practice pharmacy.
     3    [27.]  25.  "Pharmacy"  means  any place registered as such by the New
     4  York state board of pharmacy and  registered  with  the  Federal  agency
     5  pursuant to the federal controlled substances act.
     6    [28.]  26.  "Poppy  straw"  means  all parts, except the seeds, of the
     7  opium poppy, after mowing.
     8    [29.] 27. "Practitioner" means:
     9    A physician, dentist, podiatrist,  veterinarian,  scientific  investi-
    10  gator,  or  other  person  licensed, or otherwise permitted to dispense,
    11  administer or conduct research with respect to a controlled substance in
    12  the course of a licensed  professional  practice  or  research  licensed
    13  pursuant  to  this article. Such person shall be deemed a "practitioner"
    14  only as to such substances, or conduct relating to such  substances,  as
    15  is permitted by his license, permit or otherwise permitted by law.
    16    [30.]   28.   "Prescribe"  means  a  direction  or  authorization,  by
    17  prescription, permitting an ultimate user lawfully to obtain  controlled
    18  substances   from   any  person  authorized  by  law  to  dispense  such
    19  substances.
    20    [31.] 29.  "Prescription"  shall  mean  an  official  New  York  state
    21  prescription,  an electronic prescription, an oral prescription[,] or an
    22  out-of-state prescription[, or any one].
    23    [32.] 30. "Sell" means to sell, exchange, give or dispose of to anoth-
    24  er, or offer or agree to do the same.
    25    [33.] 31. "Ultimate user" means a  person  who  lawfully  obtains  and
    26  possesses  a controlled substance for his own use or the use by a member
    27  of his household or for an animal owned by him or  in  his  custody.  It
    28  shall  also mean and include a person designated, by a practitioner on a
    29  prescription, to obtain such substance on behalf of the patient for whom
    30  such substance is intended.
    31    [34.] 32. "Internet"  means  collectively  computer  and  telecommuni-
    32  cations facilities which comprise the worldwide network of networks that
    33  employ  a set of industry standards and protocols, or any predecessor or
    34  successor protocol to such protocol,  to  exchange  information  of  all
    35  kinds.  "Internet,"  as  used  in  this  article,  also  includes  other
    36  networks, whether private or public, used  to  transmit  information  by
    37  electronic means.
    38    [35.]  33.  "By  means  of  the  internet"  means  any sale, delivery,
    39  distribution, or dispensing of a  controlled  substance  that  uses  the
    40  internet,  is initiated by use of the internet or causes the internet to
    41  be used.
    42    [36.] 34. "Online dispenser" means a practitioner, pharmacy, or person
    43  in the United States that sells, delivers or  dispenses,  or  offers  to
    44  sell,  deliver,  or  dispense,  a  controlled  substance by means of the
    45  internet.
    46    [37.] 35. "Electronic prescription" means a prescription  issued  with
    47  an  electronic  signature and transmitted by electronic means in accord-
    48  ance with regulations of the commissioner and the commissioner of educa-
    49  tion and consistent with federal requirements. A prescription  generated
    50  on an electronic system that is printed out or transmitted via facsimile
    51  is  not  considered  an  electronic  prescription  and  must be manually
    52  signed.
    53    [38.] 36. "Electronic" means of or relating to technology having elec-
    54  trical, digital, magnetic, wireless, optical, electromagnetic or similar
    55  capabilities. "Electronic" shall not include facsimile.

        S. 1747                             6
 
     1    [39.] 37.  "Electronic  record"  means  a  paperless  record  that  is
     2  created,  generated,  transmitted,  communicated,  received or stored by
     3  means of electronic equipment and includes the preservation,  retrieval,
     4  use  and  disposition in accordance with regulations of the commissioner
     5  and the commissioner of education and in compliance with federal law and
     6  regulations.
     7    [40.] 38. "Electronic signature" means an electronic sound, symbol, or
     8  process,  attached  to or logically associated with an electronic record
     9  and executed or adopted by a person with the intent to sign the  record,
    10  in  accordance with regulations of the commissioner and the commissioner
    11  of education.
    12    [41.] 39. "Registry" or  "prescription  monitoring  program  registry"
    13  means  the prescription monitoring program registry established pursuant
    14  to section thirty-three hundred forty-three-a of this article.
    15    [42.] 40. "Compounding" means the combining, admixing, mixing,  dilut-
    16  ing,  pooling,  reconstituting,  or otherwise altering of a drug or bulk
    17  drug substance to create a drug with respect to an outsourcing  facility
    18  under  section  503B  of  the  federal  Food,  Drug and Cosmetic Act and
    19  further defined in this section.
    20    [43.] 41. "Outsourcing facility" means a facility that:
    21    (a) is engaged in the compounding  of  sterile  drugs  as  defined  in
    22  section sixty-eight hundred two of the education law;
    23    (b)  is  currently  registered  as an outsourcing facility pursuant to
    24  article one hundred thirty-seven of the education law; and
    25    (c) complies with all applicable requirements  of  federal  and  state
    26  law, including the Federal Food, Drug and Cosmetic Act.
    27    Notwithstanding  any  other  provision of law to the contrary, when an
    28  outsourcing facility distributes or dispenses any  drug  to  any  person
    29  pursuant to a prescription, such outsourcing facility shall be deemed to
    30  be  providing  pharmacy services and shall be subject to all laws, rules
    31  and regulations governing pharmacies and pharmacy services.
    32    § 4. Paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,  23,  24,  25,
    33  26,  27,  28,  29,  30,  31  and  32 of subdivision (d) of schedule I of
    34  section 3306 of the public health law, paragraphs 13, 14,  15,  16,  17,
    35  18,  19,  20,  21,  22, 23 and 24 as added by chapter 664 of the laws of
    36  1985, paragraphs 25, 26, 27, 28, 29 and 30 as added by  chapter  589  of
    37  the laws of 1996 and paragraphs 31 and 32 as added by chapter 457 of the
    38  laws of 2006, are amended to read as follows:
    39    (13) [Marihuana.
    40    (14)] Mescaline.
    41    [(15)] (14)  Parahexyl.  Some trade or other names: 3-Hexyl-1-hydroxy-
    42  7,8,9,10-tetra hydro-6,6,9-trimethyl-6H-dibenfo{b,d} pyran.
    43    [(16)] (15) Peyote. Meaning all parts of the plant  presently  classi-
    44  fied  botanically  as  Lophophora williamsii Lemaire, whether growing or
    45  not, the seeds thereof, any extract from any part  of  such  plant,  and
    46  every  compound, manufacture, salts, derivative, mixture, or preparation
    47  of such plant, its seeds or extracts.
    48    [(17)] (16) N-ethyl-3-piperidyl benzilate.
    49    [(18)] (17) N-methyl-3-piperidyl benzilate.
    50    [(19)] (18) Psilocybin.
    51    [(20)] (19) Psilocyn.
    52    [(21)] (20) Tetrahydrocannabinols. Synthetic tetrahydrocannabinols not
    53  derived from the cannabis plant that are equivalents of  the  substances
    54  contained  in the plant, or in the resinous extractives of cannabis, sp.
    55  and/or synthetic substances, derivatives, and their isomers with similar
    56  chemical structure and pharmacological activity such as the following:

        S. 1747                             7
 
     1    /\1 cis or trans tetrahydrocannabinol, and their optical isomers
     2    /\6 cis or trans tetrahydrocannabinol, and their optical isomers
     3    /\3,  4  cis  or  trans  tetrahydrocannabinol, and its optical isomers
     4  (since nomenclature of these substances is not internationally standard-
     5  ized, compounds of these structures, regardless of numerical designation
     6  of atomic positions covered).
     7    [(22)] (21) Ethylamine analog of phencyclidine. Some  trade  or  other
     8  names:    N-ethyl-1-phenylcyclohexylamine,  (1-phenylcyclohexyl) ethyla-
     9  mine, N-(1-phenylcyclohexyl) ethylamine cyclohexamine, PCE.
    10    [(23)] (22) Pyrrolidine analog of phencyclidine. Some trade  or  other
    11  names 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy, PHP.
    12    [(24)]  (23)  Thiophene  analog  of phencyclidine. Some trade or other
    13  names:    1-{1-(2-thienyl)-cyclohexyl}-piperidine,  2-thienylanalog   of
    14  phencyclidine, TPCP, TCP.
    15    [(25)] (24) 3,4-methylenedioxymethamphetamine (MDMA).
    16    [(26)]   (25) 3,4-methylendioxy-N-ethylamphetamine   (also   known  as
    17  N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine,  N-ethyl  MDA,
    18  MDE, MDEA.
    19    [(27)] (26)  N-hydroxy-3,4-methylenedioxyamphetamine  (also  known  as
    20  N-hydroxy-alpha-methyl-3,4    (methylenedioxy)    phenethylamine,    and
    21  N-hydroxy MDA.
    22    [(28)] (27)  1-{1- (2-thienyl)  cyclohexyl}  pyrrolidine.  Some  other
    23  names: TCPY.
    24    [(29)] (28)  Alpha-ethyltryptamine.  Some  trade   or   other   names:
    25  etryptamine;         Monase;         Alpha-ethyl-1H-indole-3-ethanamine;
    26  3- (2-aminobutyl) indole; Alpha-ET or AET.
    27    [(30)] (29)  2,5-dimethoxy-4-ethylamphetamine.  Some  trade  or  other
    28  names: DOET.
    29    [(31)] (30)  4-Bromo-2,5-dimethoxyphenethylamine.  Some trade or other
    30  names:  2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;   alpha-desmethyl
    31  DOB; 2C-B, Nexus.
    32    [(32)] (31) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its
    33  optical isomers, salts and salts of isomers.
    34    § 5. Section 3382 of the public health law, as added by chapter 878 of
    35  the laws of 1972, is amended to read as follows:
    36    §  3382. Growing of the plant known as Cannabis by unlicensed persons.
    37  A person who, without being licensed so to do under this article,  grows
    38  the  plant  of  the genus Cannabis or knowingly allows it to grow on his
    39  land without  destroying  the  same,  shall  be  guilty  of  a  class  A
    40  misdemeanor.  The provisions of this section shall not apply to a person
    41  eighteen  years  of  age or older who possesses, grows, or transports no
    42  more than six marihuana  plants,  with  three  or  fewer  being  mature,
    43  flowering  plants,  provided  that  the plants are grown in an enclosed,
    44  locked space, not openly or publicly, and  that  the  marihuana  is  not
    45  sold.
    46    §  6.  Subdivision  1  of  section 3397-b of the public health law, as
    47  added by chapter 810 of the laws of 1980, is amended to read as follows:
    48    1. ["Marijuana"] "Marihuana" means [marijuana] marihuana as defined in
    49  [section thirty-three hundred two of this chapter]  subdivision  six  of
    50  section   220.00   of   the   penal   law   and   shall   also   include
    51  tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinol.
    52    § 7. Section 114-a of the vehicle and traffic law, as added by chapter
    53  163 of the laws of 1973, is amended to read as follows:
    54    § 114-a. Drug. The term "drug" when used in this  chapter,  means  and
    55  includes any substance listed in section thirty-three hundred six of the

        S. 1747                             8
 
     1  public  health law and marihuana and concentrated cannabis as defined in
     2  section 220.00 of the penal law.
     3    §  8.  Subdivisions  5,  6  and  9 of section 220.00 of the penal law,
     4  subdivision 5 as amended by chapter 537 of the laws of 1998, subdivision
     5  6 as amended by chapter 1051 of the laws of 1973 and  subdivision  9  as
     6  amended by chapter 664 of the laws of 1985, are amended and a new subdi-
     7  vision 21 is added to read as follows:
     8    5.  "Controlled  substance"  means any substance listed in schedule I,
     9  II, III, IV or V of section  thirty-three  hundred  six  of  the  public
    10  health  law other than marihuana, but including concentrated cannabis as
    11  defined in [paragraph (a) of subdivision four  of  section  thirty-three
    12  hundred two of such law] subdivision twenty-one of this section.
    13    6.  "Marihuana" means ["marihuana" or "concentrated cannabis" as those
    14  terms are defined in section thirty-three  hundred  two  of  the  public
    15  health  law] all parts of the plant of the genus Cannabis, whether grow-
    16  ing or not; the seeds thereof; the resin extracted from any part of  the
    17  plant;  and  every  compound, manufacture, salt, derivative, mixture, or
    18  preparation of the plant, its seeds or resin.  It does not  include  the
    19  mature  stalks of the plant, fiber produced from the stalks, oil or cake
    20  made from the seeds of the plant, any other compound, manufacture, salt,
    21  derivative, mixture, or preparation of the  mature  stalks  (except  the
    22  resin  extracted therefrom), fiber, oil, or cake, or the sterilized seed
    23  of the plant which is incapable of germination. It does not include  all
    24  parts of the plant Cannabis sativa L., whether growing or not, having no
    25  more than three-tenths of one percent tetrahydrocannabinol (THC).
    26    9.  "Hallucinogen"  means  any controlled substance listed in schedule
    27  I(d) (5), [(18), (19), (20), (21) and (22)] (17), (18), (19),  (20)  and
    28  (21).
    29    21. "Concentrated cannabis" means:
    30    (a)  the  separated  resin, whether crude or purified, obtained from a
    31  plant of the genus Cannabis; or
    32    (b) a material, preparation,  mixture,  compound  or  other  substance
    33  which  contains more than three percent by weight of delta-9 tetrahydro-
    34  cannabinol, or its isomer, delta-8  dibenzopyran  numbering  system,  or
    35  delta-1  tetrahydrocannabinol  or  its  isomer,  delta 1 (6) monoterpene
    36  numbering system.
    37    § 9.  Subdivision 4 of section 220.06 of the penal law, as amended  by
    38  chapter 537 of the laws of 1998, is amended to read as follows:
    39    4.  one  or  more  preparations,  compounds,  mixtures  or  substances
    40  containing concentrated cannabis as defined in [paragraph (a) of  subdi-
    41  vision  four  of  section  thirty-three hundred two of the public health
    42  law] subdivision twenty-one of section 220.00 of this article  and  said
    43  preparations,  compounds,  mixtures  or  substances  are of an aggregate
    44  weight of one-fourth ounce or more; or
    45    § 10. Subdivision 10 of section 220.09 of the penal law, as amended by
    46  chapter 537 of the laws of 1998, is amended to read as follows:
    47    10. one  or  more  preparations,  compounds,  mixtures  or  substances
    48  containing  concentrated cannabis as defined in [paragraph (a) of subdi-
    49  vision four of section thirty-three hundred two  of  the  public  health
    50  law]  subdivision  twenty-one of section 220.00 of this article and said
    51  preparations, compounds, mixtures or  substances  are  of  an  aggregate
    52  weight of one ounce or more; or
    53    §  11. Subdivision 3 of section 220.34 of the penal law, as amended by
    54  chapter 537 of the laws of 1998, is amended to read as follows:

        S. 1747                             9
 
     1    3. concentrated cannabis as defined in [paragraph (a)  of  subdivision
     2  four  of  section  thirty-three  hundred  two  of the public health law]
     3  subdivision twenty-one of section 220.00 of this article; or
     4    §  12.  Section  220.50 of the penal law, as amended by chapter 627 of
     5  the laws of 1990, is amended to read as follows:
     6  § 220.50 Criminally using drug paraphernalia in the second degree.
     7    A person is guilty of  criminally  using  drug  paraphernalia  in  the
     8  second degree when he knowingly possesses or sells:
     9    1.  Diluents,  dilutants or adulterants, including but not limited to,
    10  any of the following: quinine hydrochloride, mannitol, mannite,  lactose
    11  or  dextrose,  adapted  for the dilution of narcotic drugs or stimulants
    12  under circumstances evincing an intent to use,  or  under  circumstances
    13  evincing  knowledge  that  some  person  intends  to  use,  the same for
    14  purposes of unlawfully mixing, compounding, or otherwise  preparing  any
    15  narcotic  drug or stimulant, other than marihuana or concentrated canna-
    16  bis; or
    17    2. Gelatine capsules, glassine envelopes, vials, capsules or any other
    18  material suitable for the packaging of individual quantities of narcotic
    19  drugs or stimulants under circumstances evincing an intent  to  use,  or
    20  under  circumstances evincing knowledge that some person intends to use,
    21  the same for the  purpose  of  unlawfully  manufacturing,  packaging  or
    22  dispensing  of  any  narcotic drug or stimulant, other than marihuana or
    23  concentrated cannabis; or
    24    3. Scales and balances used or designed for the purpose of weighing or
    25  measuring controlled substances, under circumstances evincing an  intent
    26  to  use,  or  under  circumstances  evincing  knowledge that some person
    27  intends to use, the same for purpose of unlawfully manufacturing,  pack-
    28  aging  or dispensing of any narcotic drug or stimulant, other than mari-
    29  huana or concentrated cannabis.
    30    Criminally using drug paraphernalia in the second degree is a class  A
    31  misdemeanor.
    32    §  13. Section 221.05 of the penal law, as added by chapter 360 of the
    33  laws of 1977, is amended to read as follows:
    34  § 221.05 Unlawful possession of marihuana.
    35    A person is guilty of unlawful possession of marihuana when  he  know-
    36  ingly and unlawfully possesses [marihuana]:
    37    1. marihuana and is less than eighteen years of age; or
    38    2.  marihuana  in a public place, as defined in section 240.00 of this
    39  part, and such marihuana is burning.
    40    Unlawful possession of marihuana is a violation punishable only  by  a
    41  fine  of not more than one hundred dollars. However, where the defendant
    42  has previously been convicted of an offense defined in this  article  or
    43  article  [220]  two  hundred  twenty  of this [chapter] title, committed
    44  within the three years immediately preceding such violation, it shall be
    45  punishable (a) only by a fine of not more than two hundred  dollars,  if
    46  the  defendant  was  previously  convicted of one such offense committed
    47  during such period, and (b) by a fine of not more than two hundred fifty
    48  dollars or a term of imprisonment not in excess of fifteen days or both,
    49  if the defendant was previously convicted of two such offenses committed
    50  during such period.
    51    § 14. Section 221.15 of the penal law, as amended by  chapter  265  of
    52  the  laws of 1979, the opening paragraph as amended by chapter 75 of the
    53  laws of 1995, is amended to read as follows:
    54  § 221.15 Criminal possession of marihuana in the [fourth] second degree.
    55    A person is guilty of criminal possession of marihuana in the [fourth]
    56  second degree when he knowingly and unlawfully possesses  [one  or  more

        S. 1747                            10

     1  preparations, compounds, mixtures or substances containing marihuana and
     2  the  preparations, compounds, mixtures or substances are of an aggregate
     3  weight of] more than two ounces of marihuana, more than  sixteen  ounces
     4  for  any  mixtures  or substances containing marihuana in solid form, or
     5  more than seventy-two ounces for any mixtures or  substances  containing
     6  marihuana  in  liquid  form,  or  more  than  one-fourth of one ounce of
     7  concentrated cannabis.
     8    Criminal possession of marihuana in the [fourth] second  degree  is  a
     9  class [A] B misdemeanor.
    10    §  15.  Section  221.20 of the penal law, as amended by chapter 265 of
    11  the laws of 1979, the opening paragraph as amended by chapter 75 of  the
    12  laws of 1995, is amended to read as follows:
    13  § 221.20 Criminal possession of marihuana in the [third] first degree.
    14    A  person is guilty of criminal possession of marihuana in the [third]
    15  first degree when he knowingly and unlawfully  possesses  [one  or  more
    16  preparations, compounds, mixtures or substances containing marihuana and
    17  the  preparations, compounds, mixtures or substances are of an aggregate
    18  weight of] more than eight ounces of  marihuana,  more  than  sixty-four
    19  ounces  for  any  mixtures  or  substances containing marihuana in solid
    20  form, or more than two gallons for any mixtures or substances containing
    21  marihuana in liquid form, or more than one ounce of concentrated  canna-
    22  bis.
    23    Criminal  possession  of  marihuana  in  the [third] first degree is a
    24  class [E felony] A misdemeanor.
    25    § 16. Sections  221.10,  221.25  and  221.30  of  the  penal  law  are
    26  REPEALED.
    27    §  17. The penal law is amended by adding a new section 221.25 to read
    28  as follows:
    29  § 221.25 Home cultivation of marihuana exception.
    30    The provisions of this article shall not apply to  a  person  eighteen
    31  years  of  age or older who possesses, grows, or transports no more than
    32  six marihuana plants,  with  three  or  fewer  being  mature,  flowering
    33  plants, provided that the plants are grown in an enclosed, locked space,
    34  not openly or publicly, and that the marihuana is not sold.
    35    §  18.  Section  221.35 of the penal law, as amended by chapter 265 of
    36  the laws of 1979, the opening paragraph as amended by chapter 75 of  the
    37  laws of 1995, is amended to read as follows:
    38  § 221.35 Criminal sale of marihuana in the [fifth] third degree.
    39    A person less than eighteen years of age is guilty of criminal sale of
    40  marihuana  in  the [fifth] third degree when he knowingly and unlawfully
    41  sells, without  consideration,  one  or  more  preparations,  compounds,
    42  mixtures  or  substances  containing  marihuana  and  the  preparations,
    43  compounds, mixtures or substances are of  an  aggregate  weight  of  two
    44  grams or less; or one cigarette containing marihuana.
    45    Criminal  sale  of  marihuana in the [fifth] third degree is a class B
    46  misdemeanor.
    47    § 19. Section 221.40 of the penal law, as added by chapter 360 of  the
    48  laws of 1977, is amended to read as follows:
    49  § 221.40 Criminal sale of marihuana in the [fourth] second degree.
    50    A  person  is  guilty  of  criminal  sale of marihuana in the [fourth]
    51  second degree when he  knowingly  and  unlawfully  sells  marihuana  for
    52  consideration except as provided in section 221.35 of this article.
    53    Criminal  sale of marihuana in the [fourth] second degree is a class A
    54  misdemeanor.

        S. 1747                            11
 
     1    § 20. Section 221.45 of the penal law, as amended by  chapter  265  of
     2  the  laws of 1979, the opening paragraph as amended by chapter 75 of the
     3  laws of 1995, is amended to read as follows:
     4  § 221.45 Criminal sale of marihuana in the [third] first degree.
     5    A  person is guilty of criminal sale of marihuana in the [third] first
     6  degree when he knowingly and unlawfully sells [one or more preparations,
     7  compounds, mixtures or substances containing marihuana and the  prepara-
     8  tions,  compounds,  mixtures or substances are of an aggregate weight of
     9  more than twenty-five grams] two ounces of marihuana, more than  sixteen
    10  ounces  for  any  mixtures  or  substances containing marihuana in solid
    11  form, or more than seventy-two ounces for  any  mixtures  or  substances
    12  containing  marihuana  in  liquid  form,  or more than one-fourth of one
    13  ounce of concentrated cannabis.
    14    Criminal sale of marihuana in the [third] first degree is  a  class  E
    15  felony.
    16    § 21. Sections 221.50 and 221.55 of the penal law are REPEALED.
    17    §  22. The penal law is amended by adding a new section 221.60 to read
    18  as follows:
    19  § 221.60 Licensing of marihuana production and distribution.
    20    The provisions of this article and of article two  hundred  twenty  of
    21  this  title  shall not apply to any person exempted from criminal penal-
    22  ties pursuant to the provisions of this chapter or possessing,  manufac-
    23  turing, transporting, distributing, selling or transferring marihuana or
    24  concentrated cannabis, or engaged in any other action that is in compli-
    25  ance with article eleven of the alcoholic beverage control law.
    26    §  23.  Subdivision  8  of section 1399-n of the public health law, as
    27  amended by chapter 13 of the  laws  of  2003,  is  amended  to  read  as
    28  follows:
    29    8.  "Smoking" means the burning of a lighted cigar, cigarette, pipe or
    30  any other matter or substance which contains tobacco or marihuana.
    31    § 24. Section 2 of the alcoholic beverage control law, as  amended  by
    32  chapter 111 of the laws of 1978, is amended to read as follows:
    33    § 2. Policy of state and purpose of chapter.  It is hereby declared as
    34  the policy of the state that it is necessary to regulate and control the
    35  manufacture,  sale and distribution within the state of alcoholic bever-
    36  ages and marihuana products for the purpose of fostering  and  promoting
    37  temperance in their consumption and respect for and obedience to law. It
    38  is hereby declared that such policy will best be carried out by empower-
    39  ing  the  liquor  authority  of  the  state  to determine whether public
    40  convenience and advantage will be promoted by the issuance  of  licenses
    41  to  traffic  in alcoholic beverages and marihuana products, the increase
    42  or decrease in the number thereof and the location of premises  licensed
    43  thereby,  subject  only  to  the  right  of  judicial review hereinafter
    44  provided for. It is the purpose of this chapter to carry out that policy
    45  in the public interest. The  restrictions,  regulations  and  provisions
    46  contained  in  this  chapter  are  enacted  by  the  legislature for the
    47  protection, health, welfare and safety of the people of the state.
    48    § 25. Section 2 of the alcoholic beverage control law, as  amended  by
    49  chapter 406 of the laws of 2014, is amended to read as follows:
    50    §  2. Policy of state and purpose of chapter. It is hereby declared as
    51  the policy of the state that it is necessary to regulate and control the
    52  manufacture, sale and distribution within the state of alcoholic  bever-
    53  ages  and  marihuana products for the purpose of fostering and promoting
    54  temperance in their consumption and respect for and  obedience  to  law;
    55  for  the  primary purpose of promoting the health, welfare and safety of
    56  the people of the state, promoting  temperance  in  the  consumption  of

        S. 1747                            12
 
     1  alcoholic beverages and marihuana products; and, to the extent possible,
     2  supporting  economic  growth, job development, and the state's alcoholic
     3  beverage production industries and its tourism and recreation  industry;
     4  and  which  promotes  the conservation and enhancement of state agricul-
     5  tural lands; provided that such activities  do  not  conflict  with  the
     6  primary  regulatory  objectives  of  this chapter. It is hereby declared
     7  that such policies will best be carried out  by  empowering  the  liquor
     8  authority  of  the  state  to  determine  whether public convenience and
     9  advantage will be promoted by the issuance of  licenses  to  traffic  in
    10  alcoholic  beverages and marihuana products, the increase or decrease in
    11  the number thereof  and  the  location  of  premises  licensed  thereby,
    12  subject  only to the right of judicial review provided for in this chap-
    13  ter. It is the purpose of this chapter to carry out  these  policies  in
    14  the public interest.
    15    § 26. Subdivisions 20-a, 20-b, 20-c, 20-d and 20-e of section 3 of the
    16  alcoholic  beverage  control law are renumbered subdivisions 20-j, 20-k,
    17  20-l, 20-m and 20-n and ten new  subdivisions  7-e,  20-a,  20-b,  20-c,
    18  20-d, 20-e, 20-f, 20-g, 20-h and 20-i are added to read as follows:
    19    7-e.  "Concentrated  cannabis" means: (a) the separated resin, whether
    20  crude or purified, obtained from a plant of the genus Cannabis; or
    21    (b) a material, preparation,  mixture,  compound  or  other  substance
    22  which  contains more than three percent by weight of delta-9 tetrahydro-
    23  cannabinol, or its isomer, delta-8  dibenzopyran  numbering  system,  or
    24  delta-1  tetrahydrocannabinol  or  its  isomer,  delta 1 (6) monoterpene
    25  numbering system.
    26    20-a. "Marihuana" means all parts of the plant of the genus  Cannabis,
    27  whether  growing or not; the seeds thereof; the resin extracted from any
    28  part of the plant; and every compound,  manufacture,  salt,  derivative,
    29  mixture,  or  preparation  of the plant, its seeds or resin. It does not
    30  include the mature stalks of the plant, fiber produced from the  stalks,
    31  oil  or cake made from the seeds of the plant, any other compound, manu-
    32  facture, salt, derivative, mixture, or preparation of the mature  stalks
    33  (except  the  resin  extracted  therefrom),  fiber, oil, or cake, or the
    34  sterilized seed of the plant which is incapable of germination. It  does
    35  not  include  all parts of the plant Cannabis sativa L., whether growing
    36  or not, having no more than three-tenths of one percent tetrahydrocanna-
    37  binol (THC).
    38    20-b. "Marihuana consumer" means a person twenty-one years of  age  or
    39  older  who purchases marihuana or marihuana products for personal use by
    40  persons twenty-one years of age or older, but not for resale to others.
    41    20-c. "Marihuana processor" means a person licensed by  the  authority
    42  to  purchase  marihuana and concentrated cannabis from marihuana produc-
    43  ers, to process marihuana, concentrated cannabis, and marihuana  infused
    44  products,  package  and label marihuana, concentrated cannabis and mari-
    45  huana infused products for sale in retail outlets, and  sell  marihuana,
    46  concentrated  cannabis  and  marihuana  infused products at wholesale to
    47  marihuana retailers.
    48    20-d. "Marihuana producer" means a person licensed by the authority to
    49  produce, process, and sell marihuana and concentrated cannabis at whole-
    50  sale to marihuana processors, marihuana retailers,  or  other  marihuana
    51  producers, but not to consumers.
    52    20-e. "Marihuana products" means marihuana, concentrated cannabis, and
    53  marihuana-infused products.
    54    20-f.  "Marihuana-infused  products" means products that contain mari-
    55  huana, marihuana extracts, or concentrated cannabis and are intended for

        S. 1747                            13
 
     1  human use or consumption, such as, but not limited to, edible  products,
     2  ointments, and tinctures.
     3    20-g. "Marihuana retailer" means a person licensed by the authority to
     4  purchase   marihuana,   concentrated   cannabis,  and  marihuana-infused
     5  products from marihuana producers  and  marihuana  processors  and  sell
     6  marihuana,  marihuana  infused  products, and concentrated cannabis in a
     7  retail outlet.
     8    20-h. "Marihuana retailer for on-premises consumption" means a  person
     9  licensed  by the authority to purchase marihuana, concentrated cannabis,
    10  and marihuana  infused  products  from  marihuana  producers,  marihuana
    11  retailers,  and  marihuana  processors and sell marihuana products for a
    12  customer to consume while the customer is within a facility.
    13    20-i. "Unreasonably impracticable" means that the  measures  necessary
    14  to  comply  with the regulations require such a high investment of risk,
    15  money, time or other resource or asset that the operation of a marihuana
    16  establishment is not worthy of being carried out by a reasonably prudent
    17  businessperson.
    18    § 27. Section 65-b of the alcoholic beverage control law,  as  amended
    19  by  chapter  519 of the laws of 1999, paragraphs (b) and (c) of subdivi-
    20  sion 3 as amended by chapter 257 of the laws of  2013  and  the  opening
    21  paragraph  of  subdivision  6  as  amended by chapter 503 of the laws of
    22  2000, is amended to read as follows:
    23    § 65-b. Offense for one under age of twenty-one years to  purchase  or
    24  attempt  to purchase an alcoholic beverage or marihuana products through
    25  fraudulent means. 1.  As used in this section: (a) "A device capable  of
    26  deciphering  any  electronically readable format" or "device" shall mean
    27  any commercial device or combination of devices used at a point of  sale
    28  or  entry  that  is  capable  of  reading the information encoded on the
    29  magnetic strip or bar code of a driver's license or non-driver identifi-
    30  cation card issued by the commissioner of motor vehicles;
    31    (b) "Card holder" means any person presenting a  driver's  license  or
    32  non-driver identification card to a licensee, or to the agent or employ-
    33  ee of such licensee under this chapter; and
    34    (c) "Transaction scan" means the process involving a device capable of
    35  deciphering  any  electronically readable format by which a licensee, or
    36  agent or employee of a licensee under this chapter  reviews  a  driver's
    37  license  or  non-driver  identification card presented as a precondition
    38  for the purchase of an  alcoholic  beverage  or  marihuana  products  as
    39  required  by  subdivision  two  of this section or as a precondition for
    40  admission to an establishment licensed for the on-premises sale of alco-
    41  holic beverages or marihuana products where admission is  restricted  to
    42  persons twenty-one years or older.
    43    2.  (a)  No  person under the age of twenty-one years shall present or
    44  offer to any licensee under this chapter, or to the agent or employee of
    45  such licensee, any written evidence of age which is false, fraudulent or
    46  not actually his or her own, for the purpose of purchasing or attempting
    47  to purchase any alcoholic beverage or marihuana products.
    48    (b) No licensee, or agent or employee of such licensee shall accept as
    49  written evidence of age by any such person for the purchase of any alco-
    50  holic beverage or marihuana products, any documentation other than:  (i)
    51  a valid driver's license or non-driver identification card issued by the
    52  commissioner  of  motor  vehicles,  the  federal  government, any United
    53  States territory, commonwealth or possession, the District of  Columbia,
    54  a  state  government within the United States or a provincial government
    55  of the dominion of Canada, or (ii) a valid passport issued by the United
    56  States government or any other country, or (iii) an identification  card

        S. 1747                            14
 
     1  issued  by  the armed forces of the United States. Upon the presentation
     2  of such driver's license or non-driver identification card issued  by  a
     3  governmental  entity,  such  licensee  or  agent or employee thereof may
     4  perform a transaction scan as a precondition to the sale of any alcohol-
     5  ic  beverage. Nothing in this section shall prohibit a licensee or agent
     6  or employee from performing such a transaction scan on any of the  other
     7  documents  listed  in  this  subdivision if such documents include a bar
     8  code or magnetic strip that [that] may be scanned by a device capable of
     9  deciphering any electronically readable format.
    10    (c) In instances where the information deciphered by  the  transaction
    11  scan  fails  to match the information printed on the driver's license or
    12  non-driver identification card presented by the card holder, or  if  the
    13  transaction  scan indicates that the information is false or fraudulent,
    14  the attempted purchase of the alcoholic beverage or  marihuana  products
    15  shall be denied.
    16    3.  A  person violating the provisions of paragraph (a) of subdivision
    17  two of this section  shall  be  guilty  of  a  violation  and  shall  be
    18  sentenced in accordance with the following:
    19    (a)  For a first violation, the court shall order payment of a fine of
    20  not more than one hundred dollars and/or an appropriate amount of commu-
    21  nity service not to exceed thirty hours.  In  addition,  the  court  may
    22  order completion of an alcohol awareness program established pursuant to
    23  section  19.25  of  the  mental  hygiene  law  or  a marihuana awareness
    24  program.
    25    (b) For a second violation, the court shall order payment of a fine of
    26  not less than fifty dollars nor more than three  hundred  fifty  dollars
    27  and/or  an  appropriate  amount of community service not to exceed sixty
    28  hours. The court also shall order completion of an alcohol or  marihuana
    29  awareness  program as referenced in paragraph (a) of this subdivision if
    30  such program has not previously been completed by the  offender,  unless
    31  the court determines that attendance at such program is not feasible due
    32  to  the  lack  of availability of such program within a reasonably close
    33  proximity to the locality in which the offender resides or matriculates,
    34  as appropriate.
    35    (c) For third and subsequent violations, the court shall order payment
    36  of a fine of not less than fifty dollars nor  more  than  seven  hundred
    37  fifty  dollars  and/or an appropriate amount of community service not to
    38  exceed ninety hours. The court also shall order that such person  submit
    39  to  an  evaluation by an appropriate agency certified or licensed by the
    40  office of alcoholism and substance abuse services to  determine  whether
    41  the person suffers from the disease of alcoholism or alcohol or marihua-
    42  na  abuse,  unless  the  court  determines  that under the circumstances
    43  presented such an evaluation is not necessary, in which case  the  court
    44  shall  state on the record the basis for such determination. Payment for
    45  such evaluation shall be made by such person. If, based on  such  evalu-
    46  ation,  a  need  for  treatment  is indicated, such person may choose to
    47  participate in a treatment plan developed  by  an  agency  certified  or
    48  licensed  by  the  office of alcoholism and substance abuse services. If
    49  such person elects to participate in recommended  treatment,  the  court
    50  shall order that payment of such fine and community service be suspended
    51  pending the completion of such treatment.
    52    (d)  Evaluation  procedures.  For  purposes  of  this subdivision, the
    53  following shall apply:
    54    (i) The contents of an evaluation pursuant to paragraph  (c)  of  this
    55  subdivision  shall  be  used for the sole purpose of determining if such

        S. 1747                            15
 
     1  person suffers from the disease of alcoholism or  alcohol  or  marihuana
     2  abuse.
     3    (ii)  The  agency  designated  by the court to perform such evaluation
     4  shall conduct the evaluation and return the results to the court  within
     5  thirty  days,  subject to any state or federal confidentiality law, rule
     6  or regulation governing the confidentiality  of  alcohol  and  substance
     7  abuse treatment records.
     8    (iii) The office of alcoholism and substance abuse services shall make
     9  available  to  each  supreme  court law library in this state, or, if no
    10  supreme court law library is available in a certain county, to the coun-
    11  ty court law library of such county, a list  of  agencies  certified  to
    12  perform  evaluations  as required by subdivision (f) of section 19.07 of
    13  the mental hygiene law.
    14    (iv) All evaluations required under this subdivision shall be in writ-
    15  ing and the person so evaluated or his or her counsel  shall  receive  a
    16  copy of such evaluation prior to its use by the court.
    17    (v)  A minor evaluated under this subdivision shall have, and shall be
    18  informed by the court of, the right to obtain a second opinion regarding
    19  his or her need for alcoholism or substance abuse treatment.
    20    4. A person violating the provisions of paragraph (b)  of  subdivision
    21  two  of this section shall be guilty of a violation punishable by a fine
    22  of not more than one hundred dollars, and/or an  appropriate  amount  of
    23  community service not to exceed thirty hours. In addition, the court may
    24  order  completion  of  an  alcohol or substance abuse training awareness
    25  program established pursuant to subdivision twelve of section  seventeen
    26  of  this chapter where such program is located within a reasonably close
    27  proximity to the locality in which the offender is employed or resides.
    28    5. No determination of guilt pursuant to this section shall operate as
    29  a disqualification of  any  such  person  subsequently  to  hold  public
    30  office,  public employment, or as a forfeiture of any right or privilege
    31  or to receive any license granted  by  public  authority;  and  no  such
    32  person shall be denominated a criminal by reason of such determination.
    33    6.  In  addition  to  the  penalties otherwise provided in subdivision
    34  three of this section, if a determination is made sustaining a charge of
    35  illegally purchasing or attempting to illegally  purchase  an  alcoholic
    36  beverage  or  marihuana  products,  the  court may suspend such person's
    37  license to drive a motor vehicle and  the  privilege  of  an  unlicensed
    38  person  of  obtaining such license, in accordance with the following and
    39  for the following periods, if it is found that a  driver's  license  was
    40  used  for  the  purpose of such illegal purchase or attempt to illegally
    41  purchase; provided, however, that where a person is  sentenced  pursuant
    42  to  paragraph (b) or (c) of subdivision three of this section, the court
    43  shall impose such license suspension if it  is  found  that  a  driver's
    44  license  was used for the purpose of such illegal purchase or attempt to
    45  illegally purchase:
    46    (a) For a first violation of paragraph (a) of subdivision two of  this
    47  section, a three month suspension.
    48    (b) For a second violation of paragraph (a) of subdivision two of this
    49  section, a six month suspension.
    50    (c)  For  a third or subsequent violation of paragraph (a) of subdivi-
    51  sion two of this section, a suspension for one year or until the  holder
    52  reaches the age of twenty-one, whichever is the greater period of time.
    53    Such  person  may  thereafter apply for and be issued a restricted use
    54  license in accordance with the provisions of section five hundred thirty
    55  of the vehicle and traffic law.

        S. 1747                            16
 
     1    7. (a) In any  proceeding  pursuant  to  subdivision  one  of  section
     2  sixty-five of this article, it shall be an affirmative defense that such
     3  person had produced a driver's license or non-driver identification card
     4  apparently  issued  by a governmental entity, successfully completed the
     5  transaction  scan, and that the alcoholic beverage or marihuana products
     6  had been sold, delivered or given to such person in reasonable  reliance
     7  upon  such identification and transaction scan. In evaluating the appli-
     8  cability of such affirmative defense, the liquor  authority  shall  take
     9  into  consideration  any  written  policy adopted and implemented by the
    10  seller to carry out the provisions of this chapter. Use of a transaction
    11  scan shall not excuse any licensee  under  this  chapter,  or  agent  or
    12  employee  of  such  licensee,  from the exercise of reasonable diligence
    13  otherwise  required  by  this   section.   Notwithstanding   the   above
    14  provisions,  any such affirmative defense shall not be applicable in any
    15  other civil or criminal proceeding, or in any other forum.
    16    (b) A licensee or agent or employee of a licensee  may  electronically
    17  or  mechanically  record and maintain only the information from a trans-
    18  action scan necessary to effectuate the purposes of this  section.  Such
    19  information  shall  be  limited to the following: (i) name, (ii) date of
    20  birth, (iii) driver's license or non-driver identification  number,  and
    21  (iv) expiration date. The liquor authority and the state commissioner of
    22  motor  vehicles  shall  jointly  promulgate  any regulation necessary to
    23  govern the recording and maintenance of  these  records  by  a  licensee
    24  under  this chapter. The liquor authority and the commissioner of health
    25  shall jointly promulgate any regulations  necessary  to  ensure  quality
    26  control in the use of transaction scan devices.
    27    8. A licensee or agent or employee of such licensee shall only use the
    28  information  recorded and maintained through the use of such devices for
    29  the purposes contained in paragraph (a) of  subdivision  seven  of  this
    30  section,  and  shall only use such devices for the purposes contained in
    31  subdivision two of this section. No licensee or agent or employee  of  a
    32  licensee  shall  resell  or  disseminate the information recorded during
    33  such scan to any third person. Such prohibited resale  or  dissemination
    34  includes,  but  is  not limited to, any advertising, marketing or promo-
    35  tional activities. Notwithstanding  the  restrictions  imposed  by  this
    36  subdivision,  such  records  may be released pursuant to a court ordered
    37  subpoena or pursuant to any other statute that  specifically  authorizes
    38  the  release  of  such  information.  Each violation of this subdivision
    39  shall be punishable by a civil penalty of not  more  than  one  thousand
    40  dollars.
    41    § 28. Section 140 of the alcoholic beverage control law, as amended by
    42  chapter 810 of the laws of 1981, is amended to read as follows:
    43    § 140. Applicability  of chapter before local option.  Until such time
    44  as it shall become unlawful to sell  alcoholic  beverages  or  marihuana
    45  products  in  any town or city by the vote of the voters in such town or
    46  city in the manner provided in this article, all of  the  provisions  of
    47  this chapter shall apply throughout the entire state. This article shall
    48  not  apply  to the Whiteface mountain ski center, owned by the state and
    49  located in the town of Wilmington, county of Essex.
    50    § 29. Section 141 of the alcoholic beverage control law, as amended by
    51  chapter 319 of the laws of 2007, is amended to read as follows:
    52    § 141. Local option for towns. 1. Not less than sixty  days  nor  more
    53  than  seventy-five days before the general election in any town at which
    54  the submission of the questions hereinafter stated is authorized by this
    55  article, a petition signed by electors of the town to a number amounting
    56  to twenty-five per centum of the votes cast in the town for governor  at

        S. 1747                            17
 
     1  the  then  last  preceding  gubernatorial  election, acknowledged by the
     2  signers or authenticated by witnesses as provided in the election law in
     3  respect of a nominating petition,  requesting  the  submission  at  such
     4  election  to  the  electors  of the town of one or more of the following
     5  questions, may be filed with the town clerk:
     6    Question 1. Tavern alcoholic  beverage  license.  Shall  a  person  be
     7  allowed  to  obtain a license to operate a tavern with a limited-service
     8  menu (sandwiches, salads, soups, etc.) which permits the tavern operator
     9  to sell alcoholic beverages for a customer to drink while  the  customer
    10  is  within the tavern. In addition, unopened containers of beer (such as
    11  six-packs and kegs) may be sold "to go" for the  customer  to  open  and
    12  drink at another location (such as, for example, at his home)?
    13    Question  2. Restaurant alcoholic beverage license. Shall the operator
    14  of a full-service restaurant  be  allowed  to  obtain  a  license  which
    15  permits  the  restaurant  operator  to  sell  alcoholic  beverages for a
    16  customer to drink while the customer is within the restaurant. In  addi-
    17  tion,  unopened  containers  of beer (such as six-packs and kegs) may be
    18  sold "to go" for the customer to open  and  drink  at  another  location
    19  (such as, for example, at his home)?
    20    Question  3.  Year-round  hotel  alcoholic beverage license. Shall the
    21  operator of a year-round hotel with a full-service restaurant be allowed
    22  to obtain a license which permits the year-round hotel to sell alcoholic
    23  beverages for a customer to drink  while  the  customer  is  within  the
    24  hotel.  In  addition, unopened containers of beer (such as six-packs and
    25  kegs) may be sold "to go" for the customer to open and drink at  another
    26  location (such as, for example, at his home)?
    27    Question  4. Summer hotel alcoholic beverage license. Shall the opera-
    28  tor of a summer hotel with a full-service restaurant, open for  business
    29  only  within  the  period from May first to October thirty-first in each
    30  year, be allowed to obtain a license which permits the summer  hotel  to
    31  sell  alcoholic  beverages for a customer to drink while the customer is
    32  within the hotel. In addition, unopened  containers  of  beer  (such  as
    33  six-packs  and  kegs)  may  be sold "to go" for the customer to open and
    34  drink at another location (such as, for example, at his home)?
    35    Question 5. Retail package liquor  or  wine  store  license.  Shall  a
    36  person  be  allowed  to  obtain  a  license  to operate a retail package
    37  liquor-and-wine or wine-without-liquor store, to sell "to  go"  unopened
    38  bottles  of  liquor or wine to a customer to be taken from the store for
    39  the customer to open and drink at another location (such as,  for  exam-
    40  ple, at his home)?
    41    Question 6. Off-premises beer and wine cooler license. Shall the oper-
    42  ator  of  a  grocery  store,  drugstore  or supply ship operating in the
    43  harbors of Lake Erie be allowed to obtain a license  which  permits  the
    44  operator  to sell "to go" unopened containers of beer (such as six-packs
    45  and kegs) and wine coolers with not more than 6% alcohol to  a  customer
    46  to be taken from the store for the customer to open and drink at another
    47  location (such as, for example, at his home)?
    48    Question  7.  Baseball  park,  racetrack,  athletic  field  or stadium
    49  license.  Shall a person be allowed to obtain a  license  which  permits
    50  the sale of beer for a patron's consumption while the patron is within a
    51  baseball  park,  racetrack,  or  other  athletic  field or stadium where
    52  admission fees are charged?
    53    Question 8. Marihuana retailer license. Shall a person be  allowed  to
    54  obtain  a  license to operate a retail marihuana store, to sell unopened
    55  marihuana products to a customer to be taken  from  the  store  for  the

        S. 1747                            18
 
     1  customer  to open and consume at another location (such as, for example,
     2  at his home)?
     3    Question  9. On-premises marihuana retailer license. Shall a person be
     4  allowed to obtain a license to operate a facility where the  service  of
     5  food  is only incidental and permits the facility operator to sell mari-
     6  huana products for a customer to consume while the  customer  is  within
     7  the facility?
     8    2.  Upon  the due filing of such petition complying with the foregoing
     9  provisions, such questions shall be submitted in accordance therewith.
    10    3. The town clerk shall, within five days  from  the  filing  of  such
    11  petition  in  his office, prepare and file in the office of the board of
    12  elections, as defined by the election law, of the  county,  a  certified
    13  copy  of such petition. Such questions may be submitted only at the time
    14  of a general election. At least ten days before such  general  election,
    15  the  board of elections shall cause to be printed and posted in at least
    16  four public places in such town, a notice of the fact that  all  of  the
    17  local  option  questions  will be voted on at such general election; and
    18  the said notice shall also be published at least five  days  before  the
    19  vote is to be taken once in a newspaper published in the county in which
    20  such town is situated, which shall be a newspaper published in the town,
    21  if  there  be one. Whenever such questions are to be submitted under the
    22  provisions of this article the board of elections shall cause the proper
    23  ballot labels to be printed and placed on all voting  machines  used  in
    24  the  town  in  which  such  questions  are  to be submitted, in the form
    25  prescribed by the election law in respect of other propositions or ques-
    26  tions, upon the face of which shall be printed in full  the  said  ques-
    27  tions.  Any  elector qualified to vote for state officers shall be enti-
    28  tled to vote upon such local option questions. As soon as  the  election
    29  shall  be  held, a return of the votes cast and counted shall be made as
    30  provided by law and the returns canvassed by the inspectors of election.
    31  If a majority of the votes cast shall be in the negative on all  or  any
    32  of  the  questions, no person shall, after such election, sell alcoholic
    33  beverages or marihuana products in such town contrary to such vote or to
    34  the provisions of this chapter; provided, however, that  the  result  of
    35  such vote shall not shorten the term for which any license may have been
    36  lawfully  issued under this chapter or affect the rights of the licensee
    37  thereunder; and no person shall after such vote apply for or  receive  a
    38  license  to  sell alcoholic beverages or marihuana products at retail in
    39  such town contrary to such vote, until,  by  referendum  as  hereinafter
    40  provided for, such sale shall again become lawful.
    41    §  30.  Subdivision 3 of section 142 of the alcoholic beverage control
    42  law is amended to read as follows:
    43    3. If a majority of the votes cast shall be in the negative on any  or
    44  all  of  the questions, no person shall, after such election, sell alco-
    45  holic beverages or marihuana products in such city contrary to such vote
    46  or to the provisions of this chapter; provided, however, that the result
    47  of such vote shall not shorten the term for which any license  may  have
    48  been  lawfully  issued  under  this  chapter or affect the rights of the
    49  licensee thereunder; and no person shall after such vote  apply  for  or
    50  receive  a  license to sell alcoholic beverages or marihuana products at
    51  retail in such city contrary to such vote, until, by referendum as here-
    52  inafter provided for, such sale shall again become lawful.
    53    § 31. Subdivision 2 of section 147 of the alcoholic  beverage  control
    54  law is amended to read as follows:
    55    2.  If  at  the time of any subsequent submission of such questions it
    56  shall be lawful to sell alcoholic beverages or marihuana products and  a

        S. 1747                            19
 
     1  majority  of  the votes cast shall be in the negative on such questions,
     2  then all of the provisions of  this  article  applicable  thereto  shall
     3  become effective.
     4    §  32. Article 11 and sections 160, 161, 162, 163 and 164 of the alco-
     5  holic beverage control law, as renumbered by chapter 725 of the laws  of
     6  1954, are renumbered article 12 and sections 200, 201, 202, 203 and 204.
     7    §  33.  The  alcoholic beverage control law is amended by adding a new
     8  article 11 to read as follows:
     9                                  ARTICLE 11
    10                      PROVISIONS RELATING TO MARIHUANA
    11  Section 165. Licenses issued.
    12          166. Producers and processors not to be interested in retailers.
    13          167. Actions taken pursuant to a valid license are lawful.
    14          168. General prohibitions and restrictions.
    15          169. Certain officials not to be interested  in  manufacture  or
    16                 sale of marihuana.
    17          170. Provisions governing initial rulemaking.
    18          171. Provisions governing marihuana producers.
    19          172. Provisions governing processors.
    20          173. Provisions governing marihuana retailers.
    21          174. Provisions governing marihuana retailers for consumption on
    22                 premises.
    23          175. Advertising and forms of the issuance of licenses.
    24          176. Packaging of marihuana products.
    25          177. Labeling of marihuana products.
    26          178. Renewals of licenses and permits.
    27          179. Information to be requested in applications for licenses or
    28                 permits.
    29          180. Notification to municipalities.
    30          181. Licenses, publication, general provisions.
    31          182. Revocation of licenses for cause.
    32          183. Procedure for revocation or cancellation.
    33          184. Decisions of liquor authority and review by the courts.
    34          185. Minority and women business enterprises.
    35          186. Disposition of moneys received for license fees.
    36          187. Persons forbidden to traffic in marihuana.
    37          188. Surrender of license; notice to police officials.
    38          189. Authority to promulgate rules and regulations.
    39          190. Protections for the use of marihuana.
    40          191. Civil protections for the use of marihuana.
    41          192. Professional and medical record keeping.
    42    §  165.  Licenses  issued.  The  following  kinds of licenses shall be
    43  issued by the authority for the manufacture and sale of marihuana:
    44    1. marihuana producer license;
    45    2. marihuana processor license;
    46    3. marihuana retailer license;
    47    4. marihuana retailer license for consumption on the premises; and
    48    5. any other type of licenses allowed by the authority.
    49    § 166. Producers and processors not to  be  interested  in  retailers.
    50  Neither a licensed producer nor a licensed processor shall have a direct
    51  or  indirect  financial  interest  in a licensed marihuana retailer or a
    52  marihuana retailer license for consumption on the premises.
    53    § 167. Actions taken pursuant  to  a  valid  license  are  lawful.  No
    54  contracts  related to the operation of licenses under this chapter shall
    55  be deemed unenforceable on the basis that the actions permitted pursuant
    56  to the license are prohibited by federal law. The following actions  are

        S. 1747                            20
 
     1  not  unlawful  as  provided  under this chapter, shall not be an offense
     2  under New York law or the laws of any  locality  within  New  York,  and
     3  shall  not  result  in  any civil fine, seizure, or forfeiture of assets
     4  against any person acting in accordance with this chapter:
     5    1.  Actions of a licensee, its employees, and its agents, as permitted
     6  by this chapter and consistent with rules and regulations of the author-
     7  ity, pursuant to a valid license issued by the authority.
     8    2. Actions of those who allow property to be used by a  licensee,  its
     9  employees,  and  its agents, as permitted by this chapter and consistent
    10  with rules and regulations of the authority, pursuant to a valid license
    11  issued by the authority.
    12    3. Actions of any person or entity, their employees, or  their  agents
    13  providing a service to a licensee or potential licensee, as permitted by
    14  this chapter and consistent with rules and regulations of the authority,
    15  relating to the formation of a business.
    16    4. The purchase, possession, or consumption of marihuana, as permitted
    17  by this chapter and consistent with rules and regulations of the author-
    18  ity, obtained from a validly licensed retailer.
    19    § 168. General prohibitions and restrictions. 1. No marihuana products
    20  may be imported or exported into New York state by a licensee from or to
    21  a jurisdiction in which possession, transport, distribution of marihuana
    22  or  other  marihuana  related  conduct remains illegal under the laws of
    23  that jurisdiction.
    24    2. (a) No person holding any license pursuant to this article to  grow
    25  or  process  marihuana may employ any person who has been convicted of a
    26  class B violent felony offense, a class  C  violent  felony  offense,  a
    27  class  D  violent felony offense, or a class E violent felony offense as
    28  defined by section 70.02 of the penal law, unless,  subsequent  to  such
    29  conviction,  the  person  has received: (i) an executive pardon therefor
    30  removing any civil disabilities incurred thereby; (ii) a certificate  of
    31  relief  from  disabilities  or a certificate of good conduct pursuant to
    32  article twenty-three of the correction  law;  (iii)  other  relief  from
    33  disabilities provided by law; or (iv) the written approval of the liquor
    34  authority  permitting  such  employment  as provided in paragraph (b) of
    35  this subdivision.
    36    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    37  sion,  if  the  liquor  authority  issues  its  written approval for the
    38  employment by a licensee, in a specified capacity, of a person previous-
    39  ly convicted of a felony or any of  the  offenses  above  enumerated  in
    40  paragraph (a) of this subdivision, such person, may, unless he or she is
    41  subsequently  convicted  of a felony or any of such offenses, thereafter
    42  be employed in the same capacity  by  any  other  licensee  without  the
    43  further  written  approval  of  the  authority unless the prior approval
    44  given by the authority is terminated.
    45    3. No license of any kind may be issued to a person under the  age  of
    46  twenty-one  years, nor shall any licensee employ anyone under the age of
    47  twenty-one years.
    48    § 169. Certain officials not to be interested in manufacture  or  sale
    49  of  marihuana.  1.  Except  as otherwise provided in section one hundred
    50  twenty-eight-a of this chapter, it shall  be  unlawful  for  any  police
    51  commissioner,  police inspector, captain, sergeant, roundsman, patrolman
    52  or other police official or subordinate of any police department in  the
    53  state, to be either directly or indirectly interested in the manufacture
    54  or  sale of marihuana or to offer for sale, or recommend to any licensee
    55  any marihuana. A person may not be denied any license granted under  the
    56  provisions  of sections fifty-four, fifty-five, fifty-nine, sixty-three,

        S. 1747                            21
 
     1  sixty-four, seventy-nine, eighty-one, or article seven of  this  chapter
     2  solely  on the grounds of being the spouse of a public servant described
     3  in this subdivision. The solicitation  or  recommendation  made  to  any
     4  licensee,  to  purchase any marihuana by any police official or subordi-
     5  nate as hereinabove described, shall  be  presumptive  evidence  of  the
     6  interest  of  such official or subordinate in the manufacture or sale of
     7  marihuana.
     8    2. No elective village officer shall be subject to the limitations set
     9  forth in subdivision one of this section unless  such  elective  village
    10  officer  shall  be assigned duties directly relating to the operation or
    11  management of the police department.
    12    § 170. Provisions governing initial rulemaking. 1. Within two  hundred
    13  forty days after the effective date of this article, the authority shall
    14  perform such acts, prescribe such forms and make such rules, regulations
    15  and  orders  as  it may deem necessary or proper to fully effectuate the
    16  provisions of this article.
    17    2. The authority shall  promulgate  necessary  rules  and  regulations
    18  governing  the  licensing  of marihuana producers, marihuana processors,
    19  marihuana retailers and marihuana retailers for consumption on the prem-
    20  ises, including:
    21    (a) prescribing forms and establishing application, reinstatement, and
    22  renewal fees;
    23    (b) the qualifications for licensure;
    24    (c) the books and records to be created and maintained  by  licensees,
    25  the  reports  to be made thereon to the authority, and inspection of the
    26  books and records;
    27    (d) methods of producing, processing, and packaging  marihuana,  mari-
    28  huana-infused products, and concentrated cannabis; conditions of sanita-
    29  tion,  and  standards of ingredients, quality, and identity of marihuana
    30  products produced, processed, packaged, or sold by licensees; and
    31    (e) security requirements for marihuana retailers and  premises  where
    32  marihuana  products  are produced or processed, and safety protocols for
    33  licensees and their employees.
    34    3. The liquor authority shall promulgate rules  and  regulations  that
    35  are calculated to:
    36    (a)  prevent the distribution of marihuana to persons under twenty-one
    37  years of age;
    38    (b) prevent the revenue from the sale of marihuana from going to crim-
    39  inal enterprises, gangs, and cartels;
    40    (c) prevent the diversion  of  marihuana  from  this  state  to  other
    41  states;
    42    (d)  prevent  marihuana  activity  that  is legal under state law from
    43  being used as a cover or pretext for the trafficking  of  other  illegal
    44  drugs or other illegal activity;
    45    (e)  prevent  violence  and the use of firearms in the cultivation and
    46  distribution of marihuana;
    47    (f) prevent drugged driving and  the  exacerbation  of  other  adverse
    48  public health consequences associated with the use of marihuana;
    49    (g) prevent the growing of marihuana on public lands and the attendant
    50  public safety and environmental dangers posed by marihuana production on
    51  public lands; and
    52    (h) prevent the possession and use of marihuana on federal property.
    53    4.  Rules and regulations promulgated by the liquor authority pursuant
    54  to subdivision three of this section shall not prohibit the operation of
    55  marihuana establishments either expressly or  through  regulations  that
    56  make their operation unreasonably impracticable.

        S. 1747                            22
 
     1    5.  The liquor authority, in consultation with the department of agri-
     2  culture and markets and the department  of  environmental  conservation,
     3  shall  promulgate  necessary  rules  and  regulations governing the safe
     4  production of marihuana, including restrictions on  the  use  of  pesti-
     5  cides.
     6    §  171. Provisions governing marihuana producers. 1. No producer shall
     7  sell, or agree to sell or deliver in the state any  marihuana  products,
     8  as the case may be, except in sealed containers containing quantities in
     9  accordance  with  size standards pursuant to rules adopted by the liquor
    10  authority. Such containers shall have affixed thereto such labels as may
    11  be required by the rules of the  liquor  authority,  together  with  all
    12  necessary New York state excise tax stamps, as required by law.
    13    2. No producer shall transport marihuana products in any vehicle owned
    14  and  operated or hired and operated by such producer, unless there shall
    15  be attached to or inscribed upon both sides  of  such  vehicle  a  sign,
    16  showing  the name and address of the licensee, together with the follow-
    17  ing inscription: "New York State Marihuana Producer License Number  ..,"
    18  in uniform letters not less than three and one-half inches in height. In
    19  lieu  of  such  sign  a  producer  may have in the cab of such vehicle a
    20  photostatic copy of its current license issued  by  the  authority,  and
    21  such copy duly authenticated by the authority.
    22    3.  No  producer shall deliver any marihuana products, except in vehi-
    23  cles owned and operated by such producer, or hired and operated by  such
    24  producer  from  a trucking or transportation company registered with the
    25  liquor authority, and shall only make deliveries at the  licensed  prem-
    26  ises of the purchaser.
    27    4.  Each  producer shall keep and maintain upon the licensed premises,
    28  adequate books and records of all transactions  involving  the  producer
    29  and  sale  of  his  or its products, which shall include all information
    30  required by rules promulgated by the liquor authority. Each  sale  shall
    31  be  recorded  separately on a numbered invoice, which shall have printed
    32  thereon the number, the  name  of  the  licensee,  the  address  of  the
    33  licensed  premises,  and the current license number. Such producer shall
    34  deliver to the purchaser a true duplicate invoice stating the  name  and
    35  address  of  the  purchaser, the quantity purchased, description and the
    36  price of the product, and a true, accurate and complete statement of the
    37  terms and conditions on which such sale is made. Such books, records and
    38  invoices shall be kept for a period of two years and shall be  available
    39  for inspection by any authorized representative of the liquor authority.
    40    5. No producer shall furnish or cause to be furnished to any licensee,
    41  any  exterior or interior sign, printed, painted, electric or otherwise,
    42  except as authorized by the liquor authority. The liquor  authority  may
    43  make  such  rules  as  it  deems  necessary to carry out the purpose and
    44  intent of this subdivision.
    45    § 172. Provisions governing  processors.  1.  No  processor  shall  be
    46  engaged  in  any  other  business on the premises to be licensed; except
    47  that nothing contained in this chapter shall prevent a marihuana produc-
    48  er and a marihuana processor from operating on  the  same  premises  and
    49  from a person holding both licenses.
    50    2.  No  processor shall sell, or agree to sell or deliver in the state
    51  any marihuana products, except in a sealed package containing quantities
    52  in accordance with size standards  pursuant  to  rules  adopted  by  the
    53  liquor authority. Such containers shall have affixed thereto such labels
    54  as  may  be required by the rules of the liquor authority, together with
    55  all necessary New York state excise tax stamps, as required by law.

        S. 1747                            23
 
     1    3. Each processor shall have  painted  on  the  front  window  of  the
     2  licensed  premises,  or  if there be no window, on a sign affixed to the
     3  front of the building containing said licensed premises, the name of the
     4  licensee together  with  the  inscription,  "New  York  State  Marihuana
     5  Processor  or  Marihuana  Processor License Number ________________"; as
     6  the case may be, in uniform letters not less  than  three  and  one-half
     7  inches in height.
     8    4.  No  processor  shall  transport  marihuana products in any vehicle
     9  owned and operated or hired and operated by such processor, unless there
    10  shall be attached to or inscribed upon both  sides  of  such  vehicle  a
    11  sign,  showing  the  name and address of the licensee, together with the
    12  following inscription: "New York State Marihuana Processor or  Marihuana
    13  Processor  License  Number  ................. , " as the case may be, in
    14  uniform letters not less than three and one-half inches  in  height.  In
    15  lieu  of  such  sign,  a processor may have in the cab of such vehicle a
    16  photostatic copy of its current license issued  by  the  authority,  and
    17  such copy duly authenticated by the authority.
    18    5.  No  processor shall deliver any products, except in vehicles owned
    19  and operated by such processor, or hired and operated by such  processor
    20  from  a  trucking  or  transportation company registered with the liquor
    21  authority, and shall only make deliveries at the  licensed  premises  of
    22  the purchaser.
    23    6.  Each processor shall keep and maintain upon the licensed premises,
    24  adequate books and records of all transactions  involving  the  business
    25  transacted  by  such processor, which shall show the amount of marihuana
    26  products, purchased by such processor together with the  names,  license
    27  numbers  and  places  of  business of the persons from whom the same was
    28  purchased and the amount involved in such  purchases,  as  well  as  the
    29  amount  of  marihuana  products sold by such processor together with the
    30  names, addresses, and license numbers  of  such  purchasers.  Each  sale
    31  shall  be  recorded  separately  on a numbered invoice, which shall have
    32  printed thereon the number, the name of the licensee, the address of the
    33  licensed premises, and the current license number. Such processor  shall
    34  deliver  to  the purchaser a true duplicate invoice stating the name and
    35  address of the purchaser, quantity purchased, description and the  price
    36  of the product, and a true, accurate and complete statement of the terms
    37  and  conditions  on  which  such  sale  is made. Such books, records and
    38  invoices shall be kept for a period of two years and shall be  available
    39  for inspection by any authorized representative of the liquor authority.
    40    7.  No  processor shall furnish or cause to be furnished to any licen-
    41  see, any exterior or interior sign, printed, painted, electric or other-
    42  wise, unless authorized by the liquor authority.
    43    § 173. Provisions governing marihuana retailers. 1. No retail  license
    44  shall  be  granted  for  any premises, unless the applicant shall be the
    45  owner thereof, or shall be in possession of said premises under a lease,
    46  management agreement or other agreement  giving  the  applicant  control
    47  over  the  premises,  in  writing,  for a term not less than the license
    48  period.
    49    2. No premises shall be licensed to sell  marihuana  products,  unless
    50  said  premises  shall  be  located in a store, the principal entrance to
    51  which shall be from the street level and located on a  public  thorough-
    52  fare  in premises which may be occupied, operated or conducted for busi-
    53  ness, trade or industry or on  an  arcade  or  sub-surface  thoroughfare
    54  leading  to  a  railroad  terminal. There may be not more than one addi-
    55  tional entrance which shall be from the street level and located on  and

        S. 1747                            24
 
     1  giving  access  to  and  from a public or private parking lot or parking
     2  area having space for not less than five automobiles.
     3    3. No marihuana retail license shall be granted for any premises which
     4  a  license  would  not  be  allowed to sell at retail for consumption of
     5  alcohol off the premises based on its proximity to a  building  occupied
     6  exclusively  as  a  school,  church, synagogue or other place of worship
     7  pursuant to the provisions of section one hundred five of this chapter.
     8    4. No marihuana retail licensee shall offer  for  sale  any  marihuana
     9  products  in any other container, except in the original sealed package,
    10  as received from the producer or processor. Such containers  shall  have
    11  affixed  thereto  such  labels  as  may  be required by the rules of the
    12  liquor authority, together with all New York state excise tax stamps, as
    13  required by law. Such containers shall not be opened  nor  its  contents
    14  consumed on the premises where sold.
    15    5.  No  marihuana  retail  licensee  shall  sell or transfer marihuana
    16  products to any person under the age of twenty-one years.
    17    6. No marihuana retail licensee shall sell alcoholic beverages on  the
    18  same premises where marihuana products are sold.
    19    7.  Each person licensed as a marihuana retailer shall have painted on
    20  the front window of the licensed premises,  the  name  of  the  licensee
    21  together  with  the  inscription, "New York State Retail Marihuana Store
    22  License Number .........," as the case may be, in  uniform  letters  not
    23  less than three and one-half inches in height.
    24    8.  No  sign of any kind printed, painted or electric, advertising any
    25  brand shall be permitted on the exterior or interior of  such  premises,
    26  except by permission of the liquor authority.
    27    9.  No retail licensee shall transport marihuana products in any vehi-
    28  cle owned and operated or hired and operated by  such  retail  licensee,
    29  except  products transported to the home of a purchaser not to be resold
    30  by the purchaser, unless there shall be attached to  or  inscribed  upon
    31  both  sides  of such vehicle a sign, showing the name and address of the
    32  licensee together with the following inscription, "New York State Retail
    33  Marihuana Store License Number. . . . . . . . . . ," as the case may be,
    34  in uniform letters not less than three and one-half  inches  in  height,
    35  except  deliveries  may  be made in passenger type vehicles owned by the
    36  licensee and operated by the licensee or his or her agent, or  hired  by
    37  the  licensee and operated by the licensee or his or her agent, provided
    38  the person making the delivery shall have upon his or her  person  while
    39  so  delivering  a  photostatic copy of the current license issued by the
    40  authority. In lieu of such sign, a retail licensee may have in  the  cab
    41  of  such vehicle a photostatic copy of its current license issued by the
    42  authority, and such copy duly authenticated by the authority.
    43    10. No retail licensee shall deliver any marihuana products except  in
    44  vehicles  owned  and operated by such licensee, or hired and operated by
    45  such licensee from a trucking or transportation company registered  with
    46  the  liquor  authority, and shall only make such deliveries at the prem-
    47  ises of the purchaser.
    48    11. No retail licensee shall keep  or  permit  to  be  kept  upon  the
    49  licensed premises, any marihuana products in any unsealed container.
    50    12. No retail licensee shall sell or deliver any marihuana products to
    51  any  person with knowledge of, or with reasonable cause to believe, that
    52  the person to whom such marihuana products, has acquired  the  same  for
    53  the  purpose  of  peddling  them  from  place to place, or of selling or
    54  giving them away in violation of the provisions of this  chapter  or  in
    55  violation of the rules and regulations of the liquor authority.

        S. 1747                            25
 
     1    13. No premises licensed as a marihuana retailer shall be permitted to
     2  remain open during a time when a premises licensed to sell liquor and/or
     3  wine for off-premises consumption is not permitted to remain open pursu-
     4  ant to the provisions of section one hundred five of this chapter.
     5    14.  Each  marihuana  retail licensee shall keep and maintain upon the
     6  licensed premises,  adequate  books  and  records  of  all  transactions
     7  involving the business transacted by such licensee, which shall show the
     8  amount  of  marihuana products, purchased by such licensee together with
     9  the names, license numbers and places of business of  the  persons  from
    10  whom the same were purchased, and the amount involved in such purchases,
    11  as  well as the amount of marihuana products, sold by such licensee, and
    12  the amount involved in each sale. Such books and records shall be avail-
    13  able for inspection by  any  authorized  representative  of  the  liquor
    14  authority.
    15    15.  No  marihuana  retail  licensee  shall be interested, directly or
    16  indirectly, in any premises where marihuana  products  are  produced  or
    17  processed  or  any  other  premises where marihuana products are sold at
    18  retail, by stock ownership, interlocking directors, mortgage or lien  on
    19  any personal or real property or by any other means.
    20    16.  No  marihuana  retail licensee shall make or cause to be made any
    21  loan to any person engaged in the  production,  processing  or  sale  of
    22  marihuana products.
    23    17.  All  premises  licensed  under  this  section shall be subject to
    24  inspection by any peace officer described in subdivision four of section
    25  2.10 of the criminal procedure law acting pursuant to his or her special
    26  duties, or police officer or any duly authorized representative  of  the
    27  liquor  authority,  during the hours when the said premises are open for
    28  the transaction of business.
    29    § 174. Provisions governing marihuana  retailers  for  consumption  on
    30  premises.  1.  No marihuana retailer license for consumption on premises
    31  shall be granted for a premises located in whole or in part  inside  the
    32  boundaries  of  any  city, village or town, unless the local legislative
    33  body of such city, village or town, by resolution, expressly  authorizes
    34  the  licensing  of  such  facilities  in such city, village or town. The
    35  local legislative body may direct an appropriate officer, board or  body
    36  of  such  city,  village  or  town  as  the local licensing authority to
    37  authorize individual marihuana facility license applications. In  cities
    38  of  one  million  or  more  residents, should the local legislative body
    39  authorize such license, no marihuana retailer license for consumption on
    40  premises shall be granted unless the community board established  pursu-
    41  ant  to  section  twenty-eight hundred of the New York city charter with
    42  jurisdiction over the area in which the premises will be  located  shall
    43  also authorize such license.
    44    2.  No marihuana retailer license for on-premises consumption shall be
    45  granted for any premises, unless the applicant shall be the owner there-
    46  of, or shall be in possession of said premises under a lease,  in  writ-
    47  ing,  for  a term not less than the license period except, however, that
    48  such license may thereafter be renewed  without  the  requirement  of  a
    49  lease  as  herein provided. This subdivision shall not apply to premises
    50  leased from government agencies, as defined under  subdivision  twelve-c
    51  of  section three of this chapter; provided, however, that the appropri-
    52  ate administrator of such government agency provides some form of  writ-
    53  ten  documentation  regarding  the  terms  of  occupancy under which the
    54  applicant is leasing said premises from the government agency for  pres-
    55  entation to the state liquor authority at the time of the license appli-
    56  cation.  Such documentation shall include the terms of occupancy between

        S. 1747                            26
 
     1  the applicant and the government agency, including, but not limited  to,
     2  any short-term leasing agreements or written occupancy agreements.
     3    3.  No marihuana retailer license for on-premises consumption shall be
     4  granted for any premises where a license would not be allowed to sell at
     5  retail for consumption of alcohol on the premises based on its proximity
     6  to a building occupied exclusively as a  school,  church,  synagogue  or
     7  other place of worship pursuant to the provisions of section one hundred
     8  five of this chapter.
     9    4. The authority may consider any or all of the following in determin-
    10  ing  whether  public  convenience  and advantage and the public interest
    11  will be promoted by the granting of  licenses  and  permits  for  retail
    12  license for on-premises consumption at a particular unlicensed location:
    13    (a)  The number, classes and character of licenses in proximity to the
    14  location and in the particular municipality or subdivision thereof.
    15    (b) Evidence  that  all  necessary  licenses  and  permits  have  been
    16  obtained from the state and all other governing bodies.
    17    (c)  Effect of the grant of the license on vehicular traffic and park-
    18  ing in proximity to the location.
    19    (d) The existing noise level at the location and any increase in noise
    20  level that would be generated by the proposed premises.
    21    (e) The history of marihuana violations and reported criminal activity
    22  at the proposed premises.
    23    (f) Any other factors specified by law or regulation that are relevant
    24  to determine the public convenience and advantage and public interest of
    25  the community.
    26    5. If the authority shall disapprove an application for a  license  or
    27  permit,  it shall state and file in its offices the reasons therefor and
    28  shall notify the applicant thereof. Such applicant may  thereupon  apply
    29  to  the  authority  for  a  review  of  such  action  in  a manner to be
    30  prescribed by the rules of the authority. A hearing upon notice  to  the
    31  applicant  shall  thereupon  be  held  by the authority or by one of its
    32  members at its office most conveniently situated to the  office  of  its
    33  duly  authorized  representative  in  a  manner  to be prescribed in its
    34  rules; and on such hearing proof may be taken by oral  testimony  or  by
    35  affidavit  relative  thereto.  After  such  hearing,  if  the  authority
    36  confirms such disapproval, it shall endorse such application accordingly
    37  and shall send notice to the applicant of its action in such form as the
    38  authority may prescribe. If the authority does not  confirm  the  disap-
    39  proval action it may grant such application and issue such license.
    40    6.  No  marihuana  retail licensee for on-premises consumption, except
    41  persons or corporations operating a hotel,  as  defined  in  subdivision
    42  fourteen  of  section  three  of  this chapter, for exclusive use in the
    43  furnishing of room service in the manner prescribed  by  rule  or  regu-
    44  lation of the state liquor authority, shall keep upon the licensed prem-
    45  ises  any  marihuana  products,  except  those purchased from a licensed
    46  producer, and in containers  approved  by  the  liquor  authority.  Such
    47  containers  shall have affixed thereto such labels as may be required by
    48  the rules of the liquor authority, together with  all  necessary  excise
    49  stamps  as required by law. No marihuana retail licensee for on-premises
    50  consumption shall reuse, refill,  tamper  with,  adulterate,  dilute  or
    51  fortify  the contents of any container of marihuana products as received
    52  from the manufacturer or wholesaler.
    53    7. No marihuana retail  licensee  for  on-premises  consumption  shall
    54  sell,  deliver  or  give away, or cause or permit or procure to be sold,
    55  delivered or given away any marihuana for consumption  on  the  premises

        S. 1747                            27
 
     1  where  sold  in  a container or package containing more than one gram of
     2  marihuana.
     3    8. No marihuana products shall be sold, offered for sale or given away
     4  upon  any  premises  licensed to sell marihuana products for on-premises
     5  consumption, during the following hours:  (a)  Sunday,  from  four  ante
     6  meridiem to twelve noon; or (b) on any other day between four ante meri-
     7  diem  and  eight  ante  meridiem.  If  approved by the authority or rule
     8  having been adopted in a county, further restrictions of hours  of  sale
     9  for marihuana products shall be enforceable, such restricted hours shall
    10  be the hours, during which the sale of marihuana products for on-premis-
    11  es  consumption shall not be permitted within such county. Nor shall any
    12  person be permitted to consume any  marihuana  products  upon  any  such
    13  premises  later  than  one-half  hour  after the start of the prohibited
    14  hours of sale provided for in this section.
    15    9. No person licensed  to  sell  marihuana  products  for  on-premises
    16  consumption  shall  suffer  or permit any gambling on the licensed prem-
    17  ises, or suffer or permit such premises to become disorderly. The use of
    18  the licensed premises, or any part thereof,  for  the  sale  of  lottery
    19  tickets, playing of bingo or games of chance, or as a simulcast facility
    20  or  simulcast  theater  pursuant to the racing, pari-mutuel wagering and
    21  breeding law, when duly authorized and lawfully conducted thereon, shall
    22  not constitute gambling within the meaning of this subdivision.
    23    (a) No marihuana retail licensee  for  on-premises  consumption  shall
    24  suffer  or  permit  any  person  to  appear on licensed premises in such
    25  manner or attire as to expose to view any portion  of  the  pubic  area,
    26  anus,  vulva or genitals, or any simulation thereof, nor shall suffer or
    27  permit any female to appear on  licensed  premises  in  such  manner  or
    28  attire  as  to expose to view any portion of the breast below the top of
    29  the areola, or any simulation thereof.
    30    (b) No retail  licensee  for  on-premises  consumption  shall  suffer,
    31  permit  or  promote  an  event  on  its premises wherein the contestants
    32  deliver, or are not forbidden  by  the  applicable  rules  thereof  from
    33  delivering  kicks,  punches or blows of any kind to the body of an oppo-
    34  nent or opponents, whether or not the event consists of  a  professional
    35  match  or  exhibition,  and whether or not the event or any such act, or
    36  both, is done for compensation; provided, however, that this prohibition
    37  shall not be applied to  any  professional  match  or  exhibition  which
    38  consists  of  boxing,  sparring, wrestling, or martial arts and which is
    39  excepted from the definition of the term "combative sport" contained  in
    40  subdivision  one of section five-a of chapter nine hundred twelve of the
    41  laws of nineteen hundred twenty.
    42    (c) In addition to any other penalty provided by law, a  violation  of
    43  this  subdivision  shall constitute an adequate ground for instituting a
    44  proceeding to suspend, cancel or revoke the license of the  violator  in
    45  accordance  with  the  applicable  procedures  specified  in section one
    46  hundred nineteen of this chapter.
    47    10. Except where a permit to do so is  obtained  pursuant  to  section
    48  405.10  of the penal law, no retail licensee for on-premises consumption
    49  shall suffer, permit, or promote an event on its  premises  wherein  any
    50  person  shall  use, explode, or cause to explode, any fireworks or other
    51  pyrotechnics in a building as defined in paragraph e of subdivision  one
    52  of  section  405.10 of the penal law, that is covered by such license or
    53  possess such fireworks or pyrotechnics for such purpose. In addition  to
    54  any other penalty provided by law, a violation of this subdivision shall
    55  constitute  an  adequate ground for instituting a proceeding to suspend,
    56  cancel, or revoke the license of the violator  in  accordance  with  the

        S. 1747                            28
 
     1  applicable  procedures specified in section one hundred nineteen of this
     2  chapter; provided however, if more than one licensee is participating in
     3  a single event, upon approval by the authority, only one  licensee  must
     4  obtain such permit.
     5    11.  No restaurant and no premises licensed to sell marihuana products
     6  for on-premises consumption under paragraph (a) of  subdivision  six  of
     7  section  sixty-four-a  of  this  chapter  shall be permitted to have any
     8  opening or means of entrance or passageway for persons or things between
     9  the licensed premises and any  other  room  or  place  in  the  building
    10  containing the licensed premises, or any adjoining or abutting premises,
    11  unless  ingress  and  egress  is restricted by an employee, agent of the
    12  licensee, or other approved method of controlling access to the  facili-
    13  ty,  or unless such premises are a bona fide restaurant with such access
    14  for patrons and guests from any part of such building  or  adjoining  or
    15  abutting  premises as shall serve public convenience in a reasonable and
    16  suitable manner; or unless such licensed  premises  are  in  a  building
    17  owned or operated by any county, town, city, village or public authority
    18  or agency, in a park or other similar place of public accommodation. All
    19  glass in any window or door on said licensed premises shall be clear and
    20  shall not be opaque, colored, stained or frosted.
    21    12.  A  vessel  licensed  to  sell  marihuana products for on-premises
    22  consumption shall not be permitted to sell any marihuana products, while
    23  said vessel is moored to a pier or dock, except that vessels sailing  on
    24  established  schedules shall be permitted to sell marihuana products for
    25  a period of three hours prior to the regular advertised sailing time.
    26    13. Each retail licensee for on-premises consumption  shall  keep  and
    27  maintain  upon  the  licensed  premises,  adequate records of all trans-
    28  actions involving the business transacted by such licensee  which  shall
    29  show  the amount of marihuana products, in an applicable metric measure-
    30  ment, purchased by  such  licensee  together  with  the  names,  license
    31  numbers  and  places  of business of the persons from whom the same were
    32  purchased, the amount involved in such purchases, as well as  the  sales
    33  of  marihuana  products  made  by such licensee. The liquor authority is
    34  hereby authorized to promulgate  rules  and  regulations  permitting  an
    35  on-premises  licensee operating two or more premises separately licensed
    36  to sell marihuana products for on-premises consumption to inaugurate  or
    37  retain  in  this  state  methods or practices of centralized accounting,
    38  bookkeeping, control records, reporting, billing, invoicing  or  payment
    39  respecting  purchases,  sales  or  deliveries  of marihuana products, or
    40  methods and practices of centralized receipt  or  storage  of  marihuana
    41  products  within  this  state  without segregation or earmarking for any
    42  such separately licensed premises, wherever such methods  and  practices
    43  assure  the  availability,  at such licensee's central or main office in
    44  this state, of data reasonably needed for the enforcement of this  chap-
    45  ter.  Such  records  shall be available for inspection by any authorized
    46  representative of the liquor authority.
    47    14. No retail licensee for on-premises  consumption  shall  be  inter-
    48  ested,  directly or indirectly, in any premises where marihuana products
    49  are manufactured or sold at wholesale, by stock ownership,  interlocking
    50  directors,  mortgage  or lien on any personal or real property or by any
    51  other means.
    52    15. No retail licensee for on-premises consumption shall make or cause
    53  to be made any loan to any person engaged in the manufacture or sale  of
    54  marihuana products at wholesale.
    55    16. All retail licensed premises shall be subject to inspection by any
    56  peace  officer,  acting pursuant to his or her special duties, or police

        S. 1747                            29
 
     1  officer and by the duly authorized representatives of the liquor author-
     2  ity, during the hours when the said premises are  open  for  the  trans-
     3  action of business.
     4    17.  A  retail  licensee for on-premises consumption shall not provide
     5  marihuana products to any person under the age of twenty-one or  to  any
     6  person who is visibly impaired.
     7    §  175.  Advertising  and  forms  of  the issuance of licenses. 1. The
     8  liquor authority is hereby authorized  to  promulgate  rules  and  regu-
     9  lations  governing  the  advertising  of  marihuana producers, marihuana
    10  processors, marihuana retailers, and any marihuana related  products  or
    11  services.
    12    2.  The  liquor  authority shall promulgate explicit rules prohibiting
    13  advertising that:
    14    (a) is false, deceptive, or misleading;
    15    (b) promotes overconsumption;
    16    (c) depicts consumption by children or other minors;
    17    (d) is designed in any way to appeal to children or other minors;
    18    (e) is within two hundred feet of the perimeter of a  school  grounds,
    19  playground, child care center, public park, or library;
    20    (f) is in public transit vehicles and stations;
    21    (g) is in the form of an unsolicited internet pop-up; or
    22    (h) is on publicly owned or operated property.
    23    §  176.  Packaging  of  marihuana products. 1. The liquor authority is
    24  hereby authorized to promulgate  rules  and  regulations  governing  the
    25  packaging  of marihuana products, sold or possessed for sale in New York
    26  state.
    27    2. Such regulations shall include requiring packaging meeting require-
    28  ments similar to the federal "poison prevention packaging act of  1970,"
    29  15 U.S.C. Sec 1471 et seq.
    30    3.  Such regulations shall require that all marihuana infused products
    31  shall have separate packaging for each serving.
    32    § 177. Labeling of marihuana products.  1.  The  liquor  authority  is
    33  hereby  authorized  to  promulgate  rules  and regulations governing the
    34  labeling and offering of marihuana products for sale within this state.
    35    2. Such rules and regulations shall be  calculated  to:  (a)  prohibit
    36  deception of the consumer; (b) afford adequate information as to quality
    37  and identity of the product; and (c) achieve national uniformity in this
    38  business.
    39    3.  The  liquor authority may seek the assistance of the department of
    40  health when necessary before promulgating rules  and  regulations  under
    41  this section.
    42    4.  Such  regulations shall include requiring labels warning consumers
    43  of any potential impact on human health resulting from  the  consumption
    44  of marihuana products that shall be affixed to those products when sold,
    45  if  such labels are deemed warranted by the authority after consultation
    46  with the department of health.
    47    5. Such rules and regulations shall establish methods  and  procedures
    48  for  determining  serving  sizes  for marihuana-infused products, active
    49  cannabis concentration per serving size,  and  number  of  servings  per
    50  container.  Such regulations shall also require a nutritional fact panel
    51  that incorporates data regarding serving sizes and potency thereof.
    52    6. Such rules and regulations shall require information containing the
    53  license number of the marihuana producer and processor facilities  where
    54  the marihuana was grown and processed.

        S. 1747                            30
 
     1    7.  Such  rules  and  regulations shall require a complete list of all
     2  nonorganic pesticides, fungicides, and herbicides used during the culti-
     3  vation of the marihuana.
     4    8.  Such  rules  and  regulations  shall require a cannabinoid potency
     5  profile expressed as a range of percentages that extends from the lowest
     6  percentage to highest percentage of concentration for  each  cannabinoid
     7  listed  from  every  test  conducted  on that strain of retail marihuana
     8  cultivated by the same marihuana producer within the last three months.
     9    9. The packaging, sale, or possession by any licensee of any marihuana
    10  product not labeled or offered in conformity with rules and  regulations
    11  promulgated  in  accordance  with  this section shall be grounds for the
    12  imposition of a fine, and/or the suspension, revocation or  cancellation
    13  of the license.
    14    §  178.  Renewals of licenses and permits. 1. Each license and permit,
    15  issued pursuant to this chapter may be renewed upon application therefor
    16  by the licensee or permittee and the payment of the annual fee for  such
    17  license or permit as prescribed by this chapter. In the case of applica-
    18  tions  for renewals, the liquor authority may dispense with the require-
    19  ments of such statements as  it  deems  unnecessary  in  view  of  those
    20  contained  in  the  application made for the original license or permit,
    21  but in any event the submission of photographs of the licensed  premises
    22  shall  be  dispensed with, provided the applicant for such renewal shall
    23  file a statement with such authority to the effect that there  has  been
    24  no  alteration  of  such premises since the original license was issued.
    25  The liquor authority may make such rules as may be necessary not  incon-
    26  sistent  with  this  chapter  regarding  applications  for  renewals  of
    27  licenses and permits and the time for making the same.
    28    2. The authority shall provide an application for renewal of a license
    29  issued under this article not less than sixty days prior to the  expira-
    30  tion of the current license.
    31    §  179.  Information  to  be requested in applications for licenses or
    32  permits. 1. The following shall be the information required on an appli-
    33  cation for a license or permit:
    34    (a) A statement of identity as follows:
    35    (i) If the applicant is an individual, his or her name, date and place
    36  of birth, citizenship, permanent  home  address,  telephone  number  and
    37  social  security  number,  as well as any other names by which he or she
    38  has conducted a business at any time.
    39    (ii) If the applicant is a corporation,  the  corporate  name  of  the
    40  applicant, its place of incorporation, its main business address (and if
    41  such  main  business address is not within the state, the address of its
    42  main place of business within the state), other names by  which  it  has
    43  been  known or has conducted business at any time, its telephone number,
    44  its federal employer identification number, and the names,  ages,  citi-
    45  zenship, and permanent home addresses of its directors, officers and its
    46  shareholders  (except  that  if there be more than ten shareholders then
    47  those shareholders holding ten percent or  more  of  any  class  of  its
    48  shares).
    49    (iii)  If  the applicant is a partnership, its name, its main business
    50  address (and if such main business address is not within the state,  the
    51  address  of its main place of business within the state), other names by
    52  which it has been known or has conducted business at any time, its tele-
    53  phone number, its federal employer identification number, and the names,
    54  ages, citizenship, and permanent home addresses of each of its partners.
    55    (b) A statement identifying the street and number of the  premises  to
    56  be licensed, if the premises has a street and number, and otherwise such

        S. 1747                            31
 
     1  description  as  will  reasonably  indicate the locality thereof; photo-
     2  graphs, drawings or other items related to the appearance of the interi-
     3  or or exterior of such premises, and a floor plan of the interior, shall
     4  be  required.  The  applicant  shall also state the nature of his or her
     5  interest in the premises; and the name of any other person interested as
     6  a partner, joint venturer, investor or lender with the applicant  either
     7  in the premises or in the business to be licensed.
     8    (c)  A description of any other marihuana license or permit under this
     9  chapter, within the past ten years, the applicant (including  any  offi-
    10  cers,  directors,  shareholders  or  partners listed in the statement of
    11  identity under paragraph (a) of this subdivision or the  spouse  of  any
    12  such person) or the applicant's spouse held or applied for.
    13    (d)  A statement that such applicant or the applicant's spouse has not
    14  been convicted of a crime addressed by the  provisions  of  section  one
    15  hundred  eighty-seven  of  this article which would forbid the applicant
    16  (including any officers, directors, shareholders or partners  listed  in
    17  the statement of identity under paragraph (a) of this subdivision or the
    18  spouse  of such person) or the applicant's spouse to traffic in marihua-
    19  na, a statement whether or not the applicant  (including  any  officers,
    20  directors,  shareholders or partners listed in the statement of identity
    21  under paragraph (a) of this  subdivision  or  the  spouse  of  any  such
    22  person)  or  the applicant's spouse is an official described in subdivi-
    23  sion two of section one hundred  sixty-eight  of  this  article,  and  a
    24  description  of  any  crime  that the applicant (including any officers,
    25  directors, shareholders or partners listed under paragraph (a)  of  this
    26  subdivision  or the spouse of any such person) or the applicant's spouse
    27  has been convicted of and whether such person  has  received  a  pardon,
    28  certificate  of good conduct or certificate of relief from disabilities;
    29  provided, however, that no person shall be denied any license solely  on
    30  the  grounds  that  such  person  is  the  spouse  of a person otherwise
    31  disqualified from holding a license under this chapter.
    32    (e) A statement that the location and layout of  the  premises  to  be
    33  licensed  does  not  violate any requirement of this chapter relating to
    34  location and layout of licensed premises, with a copy of the certificate
    35  of occupancy for the premises.
    36    (f) A statement that the applicant has control of the premises  to  be
    37  licensed  by  ownership of a fee interest or via a leasehold, management
    38  agreement, or other agreement giving  the  applicant  control  over  the
    39  premises,  with  a  term  at  least as long as the license for which the
    40  application is being made, or by a binding contract to acquire the  same
    41  and  a statement of identity under paragraph (a) of this subdivision for
    42  the lessor of any leasehold, manager of  any  management  agreement,  or
    43  other  agreement  giving the applicant control over the premises, with a
    44  copy of the lease, contract, management agreement,  or  other  agreement
    45  giving the applicant control over the food and beverage at the premises,
    46  or deed evidencing fee ownership of the premises.
    47    (g)  A  financial statement adequate to show all persons who, directly
    48  or indirectly have an economic interest in the establishment or acquisi-
    49  tion of the business for which the  license  or  permit  application  is
    50  being  made,  to  identify  the  sources  of funds to be applied in such
    51  establishment or acquisition, and to describe the terms  and  conditions
    52  governing  such establishment with copies of such financial documents as
    53  the authority may reasonably require.
    54    (h) The fingerprints of the applicants. Fingerprints submitted by  the
    55  applicants  shall  be  transmitted  to  the division of criminal justice

        S. 1747                            32
 
     1  services and may be submitted to the federal bureau of investigation for
     2  state and national criminal history record checks.
     3    2. All license or permit applications shall be signed by the applicant
     4  (if an individual), by an officer (if a corporation), or by all partners
     5  (if a partnership). Each person signing such application shall verify it
     6  or affirm it as true under the penalties of perjury.
     7    3. All license or permit applications shall be accompanied by a check,
     8  draft  or other forms of payment as the authority may require or author-
     9  ize in the amount required by this article for such license or permit.
    10    4. If there be any change, after the filing of the application or  the
    11  granting  of  a license, in any of the facts required to be set forth in
    12  such application, a supplemental statement giving notice of such change,
    13  cost and source of money involved in the change, duly verified, shall be
    14  filed with the authority within ten days after such change.  Failure  to
    15  do  so  shall, if willful and deliberate, be cause for revocation of the
    16  license.
    17    5. In giving any notice, or taking any action in reference to a licen-
    18  see of a licensed premises, the authority may rely upon the  information
    19  furnished   in  such  application  and  in  any  supplemental  statement
    20  connected therewith, and such information may be presumed to be correct,
    21  and shall be binding upon a licensee or licensed premises as if correct.
    22  All information required to be furnished in such application or  supple-
    23  mental statements shall be deemed material in any prosecution for perju-
    24  ry,  any proceeding to revoke, cancel or suspend any license, and in the
    25  authority's determination to approve or deny the license.
    26    6. The authority may in its discretion waive  the  submission  of  any
    27  category  of  information  described in this section for any category of
    28  license or permit, provided that it shall not be permitted to waive  the
    29  requirement  for  submission  of any such category of information solely
    30  for an individual applicant or applicants.
    31    § 180. Notification to municipalities. 1. Not less  than  thirty  days
    32  before  filing  any  of  the  following applications, an applicant shall
    33  notify the municipality in which the premises is located of such  appli-
    34  cant's intent to file such an application:
    35    (a) for a marihuana producer;
    36    (b) for a marihuana processor license;
    37    (c) for a marihuana retailer license; and/or
    38    (d) for a marihuana retailer license for on-premises consumption.
    39    2.  Such  notification shall be made to the clerk of the village, town
    40  or city, as the case may  be,  wherein  the  premises  is  located.  For
    41  purposes of this section:
    42    (a) notification need only be given to the clerk of a village when the
    43  premises is located within the boundaries of the village; and
    44    (b)  in the city of New York, the community board established pursuant
    45  to section twenty-eight hundred of the New York city charter with juris-
    46  diction over the area in which the premises is located shall be  consid-
    47  ered the appropriate public body to which notification shall be given.
    48    3.  For purposes of this section, "substantial corporate change" shall
    49  mean:
    50    (a) for a corporation, a change of eighty percent or more of the offi-
    51  cers and/or directors, or a transfer of eighty percent or more of  stock
    52  of such corporation, or an existing stockholder obtaining eighty percent
    53  or more of the stock of such corporation; and
    54    (b)  for  a  limited  liability company, a change of eighty percent or
    55  more of the managing members of the company, or  a  transfer  of  eighty
    56  percent  or  more  of ownership interest in said company, or an existing

        S. 1747                            33
 
     1  member obtaining a cumulative of eighty percent or more of the ownership
     2  interest in said company.
     3    4. Such notification shall be made in such form as shall be prescribed
     4  by the rules of the liquor authority.
     5    5.  A  municipality may express an opinion for or against the granting
     6  of such application. Any such opinion shall be deemed part of the record
     7  upon which the liquor authority makes its determination to grant or deny
     8  the application.
     9    6. Such notification shall be made by: certified mail, return  receipt
    10  requested; overnight delivery service with proof of mailing; or personal
    11  service upon the offices of the clerk or community board.
    12    7.  The  liquor  authority  shall require such notification to be on a
    13  standardized form that can be obtained  on  the  internet  or  from  the
    14  liquor authority and such notification to include:
    15    (a)  the trade name or "doing business as" name, if any, of the estab-
    16  lishment;
    17    (b) the full name of the applicant;
    18    (c) the street address  of  the  establishment,  including  the  floor
    19  location or room number, if applicable;
    20    (d)  the  mailing  address of the establishment, if different than the
    21  street address;
    22    (e) the name, address and telephone number of the attorney  or  repre-
    23  sentative of the applicant, if any;
    24    (f) a statement indicating whether the application is for:
    25    (i) a new establishment;
    26    (ii) a transfer of an existing licensed business;
    27    (iii) a renewal of an existing license; or
    28    (iv) an alteration of an existing licensed premises;
    29    (g)  if  the  establishment is a transfer or previously licensed prem-
    30  ises, the name of the old establishment and such establishment's license
    31  serial number;
    32    (h) in the case of a renewal or alteration  application,  the  license
    33  serial number of the applicant; and
    34    (i) the type of license.
    35    § 181. Licenses, publication, general provisions. 1. The various types
    36  of  licenses  issued  pursuant  to  this chapter shall be distinctive in
    37  color and design so as to be readily distinguishable from each other.
    38    2. No license shall be transferable or assignable except that notwith-
    39  standing any other provision of law, the license of  a  sole  proprietor
    40  converting  to  corporate  form,  where such proprietor becomes the sole
    41  stockholder and only officer and director of such new  corporation,  may
    42  be  transferred  to  the subject corporation if all requirements of this
    43  chapter remain the same with respect to such license as transferred and,
    44  further, the licensee shall transmit to the authority, within  ten  days
    45  of  the  transfer of license allowable under this subdivision, on a form
    46  prescribed by the  authority,  notification  of  the  transfer  of  such
    47  license.
    48    3. No license shall be pledged or deposited as collateral security for
    49  any  loan  or  upon any other condition; and any such pledge or deposit,
    50  and any contract providing therefor, shall be void.
    51    4. Licenses issued under this article shall contain,  in  addition  to
    52  any further information or material to be prescribed by the rules of the
    53  liquor  authority, the following information: (a) name of person to whom
    54  license is issued; (b) kind of license and what kind of traffic in mari-
    55  huana is thereby permitted; (c) description by  street  and  number,  or
    56  otherwise,  of  licensed premises; and (d) a statement in substance that

        S. 1747                            34
 
     1  such license shall not be deemed a property or vested right, and that it
     2  may be revoked at any time pursuant to law.
     3    5.  There  shall  be  printed and furnished by the liquor authority to
     4  each licensee a statement of  the  causes  for  which  licenses  may  be
     5  revoked.  Such  statement  shall be prepared by the liquor authority and
     6  delivered to the licensee with his or her license or as soon  thereafter
     7  as  may be practicable. Any amendments thereto shall also be sent by the
     8  liquor authority to all licensees as soon as may  be  practicable  after
     9  such  amendments. Failure to send such statements or changes therein, or
    10  failure to receive the same, or any misstatement or error  contained  in
    11  such statements or amendments shall, however, not be an excuse or justi-
    12  fication for any violation of law, or prevent, or remit, or decrease any
    13  penalty or forfeiture therefor.
    14    6.  Before  commencing  or doing any business for the time for which a
    15  license has been issued said license shall be  enclosed  in  a  suitable
    16  wood or metal frame having a clear glass space and a substantial wood or
    17  metal  back  so  that the whole of said license may be seen therein, and
    18  shall be posted up and at all times displayed in a conspicuous place  in
    19  the room where such business is carried on, so that all persons visiting
    20  such place may readily see the same. It shall be unlawful for any person
    21  holding  a  license to post such license or to permit such license to be
    22  posted upon premises other than the premises licensed, or upon  premises
    23  where  traffic in marihuana is being carried on by any person other than
    24  the licensee, or knowingly to deface, destroy or alter any such  license
    25  in  any  respect.  Whenever a license shall be lost or destroyed without
    26  fault on the part of the licensee or his or her agents or  employees,  a
    27  duplicate  license in lieu thereof may be issued by the liquor authority
    28  in its discretion and in accordance with such rules and regulations  and
    29  the  payment  of  such  fees,  not  exceeding  five  dollars,  as it may
    30  prescribe.
    31    § 182. Revocation of licenses for cause.  1.  Any  license  or  permit
    32  issued  pursuant  to  this  article may be revoked, cancelled, suspended
    33  and/or subjected to the imposition of a civil  penalty  for  cause,  and
    34  must be revoked for the following causes:
    35    (a)  Conviction  of  the  licensee,  permittee  or his or her agent or
    36  employee for selling any illegal marihuana on the premises licensed.
    37    (b) For transferring, assigning or hypothecating a license or permit.
    38    2. Notwithstanding the issuance of a  license  or  permit  by  way  of
    39  renewal, the liquor authority may revoke, cancel or suspend such license
    40  or  permit  and/or may impose a civil penalty against any holder of such
    41  license or permit, as prescribed by this section and section one hundred
    42  nineteen of this chapter, for causes or violations occurring during  the
    43  license  period  immediately  preceding  the issuance of such license or
    44  permit, and may recover, as provided in section one  hundred  twelve  of
    45  this chapter, the penal sum of the bond on file during said period.
    46    3.  As  used  in this section, the term "for cause" shall also include
    47  the existence of a sustained and continuing pattern of  noise,  disturb-
    48  ance, misconduct, or disorder on or about the licensed premises, related
    49  to  the  operation  of the premises or the conduct of its patrons, which
    50  adversely affects the health, welfare or safety of  the  inhabitants  of
    51  the area in which such licensed premises are located.
    52    4.  The  existence  of  a  sustained  and continuing pattern of noise,
    53  disturbance, misconduct, or disorder on or about the licensed  premises,
    54  related  to the operation of the premises or the conduct of its patrons,
    55  will be presumed upon the sixth incident reported to the authority by  a
    56  law enforcement agency of noise or disturbance or misconduct or disorder

        S. 1747                            35
 
     1  on  or  about  the  licensed premises or related to the operation of the
     2  premises or the conduct of its patrons, in any sixty day period,  absent
     3  clear and convincing evidence of either fraudulent intent on the part of
     4  any  complainant  or  a factual error with respect to the content of any
     5  report concerning such complaint relied upon by the authority.
     6    § 183. Procedure for revocation or cancellation.  1.  Any  license  or
     7  permit  issued  by  the liquor authority pursuant to this article may be
     8  revoked, cancelled or suspended and/or be subjected to the imposition of
     9  a monetary penalty in the manner prescribed by this section.
    10    2. The liquor authority may on its own initiative or on  complaint  of
    11  any person institute proceedings to revoke, cancel or suspend any retail
    12  license  and  may  impose  a  civil penalty against the licensee after a
    13  hearing at which the licensee shall be given an opportunity to be heard.
    14  Such hearing shall be held in such manner and upon such notice as may be
    15  prescribed by the rules of the liquor authority.
    16    3. All other licenses or permits issued  under  this  chapter  may  be
    17  revoked, cancelled, suspended and/or made subject to the imposition of a
    18  civil  penalty by the liquor authority after a hearing to be held in the
    19  manner to be determined by the rules of the liquor authority.
    20    4. (a) The provisions of this subdivision shall apply in all cases  of
    21  licensee  or  permittee  failure  after receiving appropriate notice, to
    22  comply with a summons, subpoena or warrant relating to  a  paternity  or
    23  child  support  proceeding  and  arrears  in payment of child support or
    24  combined child and spousal support referred to the authority by a  court
    25  pursuant  to the requirements of section two hundred forty-four-c of the
    26  domestic relations law or pursuant to section four hundred fifty-eight-b
    27  or five hundred forty-eight-b of the family court act.
    28    (b) Upon receipt of an order  from  the  court  based  on  arrears  in
    29  payment  of child support or combined child and spousal support pursuant
    30  to one of the foregoing provisions of law, the authority,  if  it  finds
    31  such person to have been issued a license or permit, shall within thirty
    32  days  of  receipt  of  such  order from the court, provide notice to the
    33  licensee or permittee of, and initiate, a hearing which shall be held at
    34  least twenty days and no more than thirty days after the sending of such
    35  notice to the licensee or permittee. The hearing shall  be  solely  held
    36  for  the  purpose  of determining whether there exists as of the date of
    37  the hearing proof that full payment of all  arrears  of  support  estab-
    38  lished  by the order of the court to be due from the licensee or permit-
    39  tee have been paid. Proof of such payment shall  be  a  certified  check
    40  showing  full  payment  of established arrears or a notice issued by the
    41  court or the support collection unit, where the order is payable to  the
    42  support  collection  unit  designated by the appropriate social services
    43  district. Such notice shall state that full payment of  all  arrears  of
    44  support  established by the order of the court to be due have been paid.
    45  The licensee or permittee shall be given  full  opportunity  to  present
    46  such  proof  of payment at the hearing in person or by counsel. The only
    47  issue to be determined by the authority as a result of  the  hearing  is
    48  whether  the  arrears  have  been  paid. No evidence with respect to the
    49  appropriateness of the court order or ability of the respondent party in
    50  arrears to comply with such order shall be received or considered by the
    51  authority.
    52    (c) Notwithstanding any inconsistent provision of this article  or  of
    53  any other provision of law to the contrary, such license or permit shall
    54  be  suspended  if  at the hearing, provided for by paragraph (b) of this
    55  subdivision, the licensee or permittee fails to present proof of payment
    56  as required by such subdivision.  Such suspension shall  not  be  lifted

        S. 1747                            36
 
     1  unless  the  court or the support collection unit, where the court order
     2  is payable to the support collection unit designated by the  appropriate
     3  social  services  district,  issues  notice  to  the authority that full
     4  payment  of all arrears of support established by the order of the court
     5  to be due have been paid.
     6    (d) Upon receipt of an order from the court based on failure to comply
     7  with a summons, subpoena, or warrant relating to a  paternity  or  child
     8  support  proceeding,  the  authority,  if  it finds such person has been
     9  issued a license or permit, shall within thirty days of receipt of  such
    10  order  from  the court, provide notice to the licensee or permittee that
    11  his or her license shall be suspended in sixty days  unless  the  condi-
    12  tions in paragraph (e) of this subdivision are met.
    13    (e)  Notwithstanding  any inconsistent provision of this article or of
    14  any other provision of law to the contrary, such license or permit shall
    15  be suspended in accordance with the provisions of paragraph (c) of  this
    16  subdivision unless the court terminates its order to commence suspension
    17  proceedings. Such suspension shall not be lifted unless the court issues
    18  an  order  to the authority terminating its order to commence suspension
    19  proceedings.
    20    (f) The authority shall inform the court of all  actions  taken  here-
    21  under as required by law.
    22    (g)  This  subdivision applies to support obligations paid pursuant to
    23  any order of child support or child and  spousal  support  issued  under
    24  provisions of section two hundred thirty-six or two hundred forty of the
    25  domestic  relations  law,  or article four, five or five-A of the family
    26  court act.
    27    (h) Notwithstanding any inconsistent provision of this article  or  of
    28  any  other  provision  of  law  to  the contrary, the provisions of this
    29  subdivision shall apply to the exclusion of any  other  requirements  of
    30  this article and to the exclusion of any other requirement of law to the
    31  contrary.
    32    5.  Where  a  licensee is convicted of two or more qualifying offenses
    33  within a five year period, the authority, upon receipt  of  notification
    34  of  such  second  or subsequent conviction pursuant to the provisions of
    35  subdivision two of section one hundred six-a of this chapter, shall,  in
    36  addition  to  any  other  sanction  or civil or criminal penalty imposed
    37  pursuant to this chapter, impose on such licensee a civil penalty not to
    38  exceed five hundred dollars. For purposes of this subdivision, a  quali-
    39  fying  offense shall mean: (a) the offense defined in subdivision one of
    40  section sixty-five of this chapter; or (b) the offense defined in  para-
    41  graph  (b)  of  subdivision one of section sixty-five-b of this chapter.
    42  For purposes of this subdivision, a  conviction  of  a  licensee  or  an
    43  employee or agent of such licensee shall constitute a conviction of such
    44  licensee.
    45    §  184.  Decisions  of  liquor  authority  and  review  by the courts.
    46  Provisions of sections one hundred twenty, one  hundred  twenty-one  and
    47  one  hundred  twenty-four  of  this  chapter  shall  apply  to marihuana
    48  licenses issued under this article.
    49    § 185. Minority and women business enterprises. The  liquor  authority
    50  shall:
    51    1.  actively  promote  racial,  ethnic,  and geographic diversity when
    52  licensing marihuana growers, processors, and retailers;
    53    2. encourage applicants who qualify as a minority and/or  women  busi-
    54  ness  enterprise,  as defined in section three hundred ten of the execu-
    55  tive law, to apply for licenses; and

        S. 1747                            37
 
     1    3. in accordance with the Official Compilation  of  Codes,  Rules  and
     2  Regulations  of  the  State  of New York Title 5, Department of Economic
     3  Development, Chapter XIV, Division  of  Minority  and  Women's  Business
     4  Development,  Part 141, submit an annual master goal plan to promote the
     5  inclusion  of:  (a) minority-owned business enterprises; (b) women-owned
     6  business enterprises; and (c) minority- and women-owned business  enter-
     7  prises with justifications for such goals.
     8    §  186.  Disposition  of  moneys received for license fees. The moneys
     9  received for license fees for  marihuana  producer  licenses,  marihuana
    10  processor licenses, and marihuana retailer licenses provided for in this
    11  chapter  shall be turned over by the liquor authority to the state comp-
    12  troller. It shall be placed by the state comptroller in the fund derived
    13  from the proceeds of the taxes on  marihuana  provided  for  in  article
    14  eighteen-A  of  the  tax law and become a part thereof and be subject to
    15  all of the provisions of law relating to such fund.
    16    § 187. Persons  forbidden  to  traffic  in  marihuana.  The  following
    17  persons are forbidden to traffic in marihuana:
    18    1.  Except  as provided in subdivision one-a of this section, a person
    19  who has been convicted of a class B violent felony offense,  a  class  C
    20  violent  felony  offense, a class D violent felony offense, or a class E
    21  violent felony offense as defined by section 70.02  of  the  penal  law,
    22  unless  subsequent to such conviction such person shall have received an
    23  executive pardon therefor removing this  disability,  a  certificate  of
    24  good  conduct  granted  by  the  department of corrections and community
    25  supervision, or a certificate of relief from disabilities granted by the
    26  department of corrections and community supervision or a court  of  this
    27  state  pursuant  to  the  provisions  of  article  twenty-three  of  the
    28  correction law to remove the disability under this  section  because  of
    29  such conviction.
    30    1-a. Notwithstanding the provision of subdivision one of this section,
    31  a  corporation holding a license to traffic in marihuana shall not, upon
    32  conviction of a felony or any of the misdemeanors or offenses  described
    33  in  subdivision one of this section, be automatically forbidden to traf-
    34  fic in marihuana, but the application for a license  by  such  a  corpo-
    35  ration shall be subject to denial, and the license of such a corporation
    36  shall  be  subject to revocation or suspension by the authority pursuant
    37  to section one hundred eighteen of this  chapter,  consistent  with  the
    38  provisions  of  article  twenty-three-A  of  the correction law. For any
    39  felony conviction by a court other than  a  court  of  this  state,  the
    40  authority may request the department of corrections and community super-
    41  vision  to investigate and review the facts and circumstances concerning
    42  such a conviction, and such department shall, if  so  requested,  submit
    43  its  findings  to  the  authority  as  to  whether  the  corporation has
    44  conducted itself in a manner  such  that  discretionary  review  by  the
    45  authority  would  not  be  inconsistent  with  the  public interest. The
    46  department of corrections  and  community  supervision  may  charge  the
    47  licensee or applicant a fee equivalent to the expenses of an appropriate
    48  investigation  under  this subdivision. For any conviction rendered by a
    49  court of this state, the authority may request the corporation,  if  the
    50  corporation  is  eligible for a certificate of relief from disabilities,
    51  to seek such a certificate from the court which rendered the  conviction
    52  and  to submit such a certificate as part of the authority's discretion-
    53  ary review process.
    54    2. A person under the age of twenty-one years.
    55    3. A person who is not a citizen of the  United  States  or  an  alien
    56  lawfully admitted for permanent residence in the United States.

        S. 1747                            38
 
     1    4.  A co-partnership or a corporation, unless each member of the part-
     2  nership, or each of the principal officers and directors of  the  corpo-
     3  ration,  is a citizen of the United States or an alien lawfully admitted
     4  for permanent residence in the United States, not less  than  twenty-one
     5  years  of  age,  and  has not been convicted of any felony or any of the
     6  misdemeanors, specified in section 230.20 or 230.40 of the penal law, or
     7  if so convicted has received, subsequent to such conviction,  an  execu-
     8  tive  pardon  therefor  removing  this  disability a certificate of good
     9  conduct granted by the department of corrections  and  community  super-
    10  vision,  or  a  certificate  of  relief from disabilities granted by the
    11  department of corrections and community supervision or a court  of  this
    12  state  pursuant  to  the  provisions  of  article  twenty-three  of  the
    13  correction law to remove the disability under this  section  because  of
    14  such  conviction;  provided  however  that a corporation which otherwise
    15  conforms to the requirements of this section and chapter may be licensed
    16  if each of its principal officers and more than one-half of  its  direc-
    17  tors  are  citizens of the United States or aliens lawfully admitted for
    18  permanent residence in the United States; and provided  further  that  a
    19  corporation  organized  under  the not-for-profit corporation law or the
    20  education law which otherwise  conforms  to  the  requirements  of  this
    21  section  and  chapter  may be licensed if each of its principal officers
    22  and more than one-half of its directors are  not  less  than  twenty-one
    23  years  of  age and none of its directors are less than eighteen years of
    24  age; and provided further that a corporation organized  under  the  not-
    25  for-profit corporation law or the education law and located on the prem-
    26  ises  of  a college as defined by section two of the education law which
    27  otherwise conforms to the requirements of this section and  chapter  may
    28  be  licensed if each of its principal officers and each of its directors
    29  are not less than eighteen years of age.
    30    5. (a) A person who shall have had any license issued under this chap-
    31  ter revoked for cause, until the expiration of two years from  the  date
    32  of such revocation.
    33    (b)  A  person  not licensed under the provisions of this chapter, who
    34  has been convicted of a violation of this chapter, until the  expiration
    35  of two years from the date of such conviction.
    36    6. A corporation or co-partnership, if any officer and director or any
    37  partner,  while  not  licensed under the provisions of this chapter, has
    38  been convicted of a violation of this chapter,  or  has  had  a  license
    39  issued under this chapter revoked for cause, until the expiration of two
    40  years from the date of such conviction or revocation.
    41    §  188. Surrender of license; notice to police officials. Within three
    42  days after a license shall have been revoked pursuant to  this  chapter,
    43  notice  thereof  shall  be  given to the licensee by mailing such notice
    44  addressed to him at the premises licensed. Notice shall also  be  mailed
    45  to  the owner of the premises licensed. The holder of such license shall
    46  thereupon surrender same to the liquor authority. The mailing thereof by
    47  the licensee to the liquor  authority  by  registered  mail  or  insured
    48  parcel post shall be deemed sufficient compliance with this section. The
    49  liquor  authority,  immediately  upon giving notice of revocation, shall
    50  serve a written notice thereof upon the commissioner of police, chief of
    51  police or chief police officer of the city,  or  village  in  which  the
    52  premises  for  which the revoked license was issued is situated, or upon
    53  the sheriff of the county or a constable of the town in case the license
    54  was issued for premises situated in a town and not within  any  city  or
    55  village.    Such  notice shall include a statement of the number of such
    56  license, the name and place of residence  of  the  holder  thereof,  the

        S. 1747                            39
 
     1  location  of  the  licensed premises, and the date when such license was
     2  revoked. In case such license be not forthwith surrendered,  the  liquor
     3  authority shall issue a written demand for the surrender of such license
     4  and  deliver  said  demand  to  the  sheriff  of the county in which the
     5  licensed premises are located, or to any representative  of  the  liquor
     6  authority,  and  said  sheriff  or representative shall immediately take
     7  possession of such license and return the same to the liquor authority.
     8    § 189. Authority to  promulgate  rules  and  regulations.  The  liquor
     9  authority shall promulgate and implement all rules and regulations as it
    10  deems necessary to carry out the purpose and intent of this article.
    11    §  190. Protections for the use of marihuana. Individuals and licensed
    12  entities shall not be subject to arrest, prosecution, or penalty in  any
    13  manner,  or  denied any right or privilege, including but not limited to
    14  civil liability or disciplinary action by a business or occupational  or
    15  professional  licensing  board  or  bureau, solely for conduct permitted
    16  under this chapter. For the avoidance of doubt, the  appellate  division
    17  of  the  supreme court of the state of New York, and any disciplinary or
    18  character and fitness committees established by  them  are  occupational
    19  and  professional  licensing  boards within the meaning of this section.
    20  State or local law enforcement agencies  shall  not  cooperate  with  or
    21  provide  assistance to the government of the United States or any agency
    22  thereof in enforcing the Controlled Substance Act, 21, U.S.C.  S8012  et
    23  seq.,  solely for actions consistent with this chapter, except as pursu-
    24  ant to a valid court order.
    25    § 191.  Civil protections for the use of  marihuana.    The  presence,
    26  detected  or established by any means of cannabinoids, cannabinoid meta-
    27  bolites or other chemicals found  in  marihuana  in  the  body,  fluids,
    28  tissues  or  other  body  parts of a person engaged in conduct permitted
    29  under this chapter by:
    30    1. a student, employee, or  tenant,  shall  not  form  the  basis  for
    31  refusal  to  enroll  or  employ  or  lease to or otherwise penalize that
    32  person, unless failing to do so would put the school, employer, or land-
    33  lord in violation of federal law or cause it to lose a federal  contract
    34  or funding;
    35    2.  a  patient,  shall  not constitute the use of an illicit substance
    36  resulting in denial of medical care, including organ transplant,  and  a
    37  patient's  use  of  marihuana  may  only  be  considered with respect to
    38  evidence-based clinical criteria; and
    39    3. a parent or legal guardian of a child or newborn infant, or a preg-
    40  nant woman, shall not form the sole or primary basis for any  action  or
    41  proceeding  by  a child welfare agency under title one of article six of
    42  the social services law, or a family court  under  article  ten  of  the
    43  family court act.
    44    §  192.  Professional  and  medical  record  keeping. Any professional
    45  providing services in connection with a licensed or potentially licensed
    46  business under this chapter, or in connection with other conduct permit-
    47  ted under this chapter, and any medical professional  providing  medical
    48  care to a patient, may agree with their client or patient to maintain no
    49  record,  or  any  reduced  level of record keeping that professional and
    50  client or patient may agree. In case  of  such  agreement,  the  profes-
    51  sional's only obligation shall be to keep such records as agreed, and to
    52  keep  a record of the agreement.  Such reduced record keeping is conduct
    53  permitted under this chapter,  and  shall  attract  the  protections  of
    54  section one hundred ninety of this article.
    55    §  34.  The tax law is amended by adding a new article 18-A to read as
    56  follows:

        S. 1747                            40
 
     1                                ARTICLE 18-A
     2                      PROVISIONS RELATING TO MARIHUANA
     3  Section 446.   Definitions.
     4          447.   Taxes imposed.
     5          448.   Surety bond.
     6          449.   Collection of tax.
     7          450.   Fund.
     8          450-a. Local taxes on marihuana by a city or town.
     9          450-b. Ordinary  and  necessary  expenses  deductible  from  net
    10                   income.
    11    § 446. Definitions. As used in this article:
    12    1. "Concentrated cannabis" means  (a)  the  separated  resin,  whether
    13  crude or purified, obtained from a plant of the genus Cannabis; or (b) a
    14  material,  preparation,  mixture,  compound  or  other  substance  which
    15  contains more than three percent by weight of delta-9 tetrahydrocannabi-
    16  nol, or its isomer, delta-8 dibenzopyran numbering  system,  or  delta-1
    17  tetrahydrocannabinol  or  its  isomer, delta 1 (6) monoterpene numbering
    18  system.
    19    2. "Marihuana" means all parts of the plant  of  the  genus  Cannabis,
    20  whether  growing or not; the seeds thereof; the resin extracted from any
    21  part of the plant; and every compound,  manufacture,  salt,  derivative,
    22  mixture,  or  preparation  of the plant, its seeds or resin. It does not
    23  include the mature stalks of the plant, fiber produced from the  stalks,
    24  oil  or cake made from the seeds of the plant, any other compound, manu-
    25  facture, salt, derivative, mixture, or preparation of the mature  stalks
    26  (except  the  resin  extracted  therefrom),  fiber, oil, or cake, or the
    27  sterilized seed of the plant which is incapable of germination. It  does
    28  not  include  all parts of the plant Cannabis sativa L., whether growing
    29  or not, having no more than three-tenths of one percent tetrahydrocanna-
    30  binol (THC).
    31    3. "Marihuana consumer" means a person  twenty-one  years  of  age  or
    32  older  who purchased marihuana or marihuana products for personal use by
    33  persons twenty-one years of age or older, but not for resale to others.
    34    4. "Marihuana processor" means a person licensed by the  state  liquor
    35  authority to purchase marihuana and concentrated cannabis from marihuana
    36  producers,  to  process  marihuana, concentrated cannabis, and marihuana
    37  infused products, package and label marihuana, concentrated cannabis and
    38  marihuana infused products for sale in retail outlets, and sell marihua-
    39  na, concentrated cannabis and marihuana infused products at wholesale to
    40  marihuana retailers.
    41    5. "Marihuana producer" means a person licensed by  the  state  liquor
    42  authority  to  produce,  process,  and  sell  marihuana and concentrated
    43  cannabis at wholesale to marihuana processors, marihuana  retailers,  or
    44  other marihuana producers, but not to consumers.
    45    6.  "Marihuana  products"  means marihuana, concentrated cannabis, and
    46  marihuana infused products.
    47    7. "Marihuana-infused products" means products that contain marihuana,
    48  marihuana extracts, or concentrated cannabis and are intended for  human
    49  use  or consumption, such as, but not limited to, edible products, oint-
    50  ments, and tinctures.
    51    8. "Immature marihuana plant" means a marihuana plant with no observa-
    52  ble flowers or buds.
    53    9. "Marihuana retailer" means a person licensed by  the  state  liquor
    54  authority  to  purchase marihuana, concentrated cannabis, and marihuana-
    55  infused products from marihuana producers and marihuana  processors  and

        S. 1747                            41
 
     1  sell marihuana, marihuana infused products, and concentrated cannabis in
     2  a retail outlet.
     3    10.  "Marihuana  retailer  for on-premises consumption" means a person
     4  licensed by the state liquor authority to  purchase  marihuana,  concen-
     5  trated  cannabis,  and marihuana infused products from marihuana produc-
     6  ers, marihuana retailers and marihuana  processors  and  sell  marihuana
     7  products  for  a  customer  to  consume while the customer is within the
     8  facility.
     9    § 447. Taxes imposed. 1. (a) An excise tax is hereby levied upon mari-
    10  huana sold or otherwise transferred from  a  marihuana  processor  to  a
    11  retail marihuana store at a rate of:
    12    (1) fifteen percent of the price at transfer; and
    13    (2)(A) thirty-five dollars per ounce on all marihuana flowers;
    14    (B) ten dollars per ounce on marihuana leaves; and
    15    (C) five dollars per immature marihuana plant.
    16    (b)  Taxes  on  concentrated cannabis shall be calculated based on the
    17  weight of the product used to create the concentrate. In the event  that
    18  a person holds both a marihuana producer license and a marihuana proces-
    19  sors  license,  the  excise tax shall be levied at the time of sale to a
    20  marihuana retailer or marihuana retailer for on-premises consumption  at
    21  the  same  rate  based  on content of marihuana or concentrated cannabis
    22  contained in the product sold.
    23    2. For reporting periods beginning on or after July first,  two  thou-
    24  sand  seventeen,  the rates of tax under subdivision one of this section
    25  shall be adjusted for each  biennium  according  to  the  cost-of-living
    26  adjustment  for  the  calendar year. The department shall re-compute the
    27  rates for each biennium by adding to each rate  in  subdivision  one  of
    28  this  section  the  product obtained by multiplying the rate by a factor
    29  that is equal to 0.25 multiplied by the percentage (if any) by which the
    30  monthly averaged U.S. City Average Consumer Price Index for  the  twelve
    31  consecutive months ending August thirty-first of the prior calendar year
    32  exceeds  the monthly averaged U.S. City Average Consumer Price Index for
    33  the twelve consecutive months ending August thirty-first,  two  thousand
    34  fifteen.
    35    3.  The  department  shall regularly review the rates of the tax under
    36  subdivision one of this section and make recommendations to the legisla-
    37  ture regarding appropriate adjustments to the rates  that  will  further
    38  the purposes of:
    39    (a) maximizing net revenue;
    40    (b) minimizing the illegal marihuana industry; and
    41    (c) discouraging the use of marihuana by minors under twenty-one years
    42  of age.
    43    §  448.  Surety  bond.  Marihuana  retailer applicants are required to
    44  submit a surety bond with the department equal  to  two  months  of  the
    45  cultivation  facility's  anticipated  retail  marihuana  excise tax. The
    46  surety bond must be issued by a company authorized to do business in the
    47  state. Proof of surety bond is  required  for  approval  of  applicant's
    48  retail license.
    49    §  449.  Collection of tax. This tax shall be collected by the commis-
    50  sioner who shall establish a procedure for the collection of this tax.
    51    § 450. Fund. Proceeds from the tax shall be given to the  state  comp-
    52  troller  for  placement  in  a  fund  that shall be known as a marihuana
    53  revenue fund. Fifteen percent of the revenue collected in the  marihuana
    54  revenue fund shall be divided equally between (a) the division of crimi-
    55  nal  justice  services  for  re-entry  support  services for individuals
    56  released from prison after serving time for drug related  offenses;  (b)

        S. 1747                            42
 
     1  the  office  of  alcoholism  and substance abuse services for drug abuse
     2  prevention and treatment programs; and (c) the department of  labor  for
     3  apprenticeship  and  job  training  programs  targeting, with preference
     4  given  to  programs  targeting  census  tracts with a poverty rate of at
     5  least twenty percent or an unemployment rate of at  least  one  and  one
     6  quarter times the New York state unemployment rate. The remainder of the
     7  revenue collected from this tax shall go into the general fund.  For the
     8  first  five  years  of  the  fund,  ten  percent  of the annual proceeds
     9  collected in the marihuana revenue fund shall be provided to  the  state
    10  liquor authority for program administration costs.
    11    §  450-a. Local taxes on marihuana by a city or town. Any city or town
    12  in this state, acting through its  local  legislative  body,  is  hereby
    13  authorized  and  empowered to adopt and amend local laws imposing in any
    14  such city or town a sales tax on marihuana retailers at a rate  of  five
    15  percent  of  the  sale  price  of marihuana products sold to a marihuana
    16  consumer. Any taxes imposed pursuant to the authority  of  this  section
    17  shall  be  administered  and collected by the tax commission in the same
    18  manner as the taxes imposed under section  four  hundred  forty-nine  of
    19  this  article.  The  commissioner  is  hereby  empowered  to  make  such
    20  provisions as it  deems  necessary  for  the  joint  administration  and
    21  collection  of  the state and local taxes imposed and authorized by this
    22  article.
    23    § 450-b. Ordinary and necessary expenses deductible from  net  income.
    24  Notwithstanding  any  federal  tax law to the contrary, in computing net
    25  income for businesses exempted from criminal  penalties  under  articles
    26  two hundred twenty and two hundred twenty-one of the penal law and arti-
    27  cle eleven of the alcoholic beverage control law, there shall be allowed
    28  as  a deduction from state taxes all the ordinary and necessary expenses
    29  paid or incurred during the taxable year in carrying  on  any  trade  or
    30  business,  including, but not limited to, reasonable allowance for sala-
    31  ries or other compensation for personal services actually rendered.
    32    § 35. Paragraphs (i), (j) and (k) of subdivision 3 of  section  160.50
    33  of  the criminal procedure law, paragraphs (i) and (j) as added by chap-
    34  ter 905 of the laws of 1977 and paragraph (k) as added by chapter 835 of
    35  the laws of 1977 and as relettered by chapter 192 of the laws  of  1980,
    36  are amended to read as follows:
    37    (i)  prior to the filing of an accusatory instrument in a local crimi-
    38  nal court against such person, the prosecutor elects  not  to  prosecute
    39  such  person.  In such event, the prosecutor shall serve a certification
    40  of such disposition upon the division of criminal justice  services  and
    41  upon  the appropriate police department or law enforcement agency which,
    42  upon receipt thereof, shall comply with  the  provisions  of  paragraphs
    43  (a),  (b),  (c)  and  (d) of subdivision one of this section in the same
    44  manner as is required thereunder with respect to an  order  of  a  court
    45  entered pursuant to said subdivision one[.]; or
    46    (j)  following the arrest of such person, the arresting police agency,
    47  prior to the filing of an accusatory  instrument  in  a  local  criminal
    48  court  but subsequent to the forwarding of a copy of the fingerprints of
    49  such person to the division of criminal justice services, elects not  to
    50  proceed  further. In such event, the head of the arresting police agency
    51  shall serve a certification of such disposition  upon  the  division  of
    52  criminal justice services which, upon receipt thereof, shall comply with
    53  the provisions of paragraphs (a), (b), (c) and (d) of subdivision one of
    54  this  section  in the same manner as is required thereunder with respect
    55  to an order of a court entered pursuant to said subdivision one[.]; or

        S. 1747                            43
 
     1    (k) (i) The accusatory instrument alleged a violation of  article  two
     2  hundred  twenty  or section 240.36 of the penal law, prior to the taking
     3  effect of article  two  hundred  twenty-one  of  the  penal  law,  or  a
     4  violation  of  article two hundred twenty-one of the penal law; (ii) the
     5  sole  controlled  substance involved is [marijuana] marihuana; and (iii)
     6  the conviction was only for a violation  or  violations[;  and  (iv)  at
     7  least three years have passed since the offense occurred].
     8    §  36.  Subdivision 1 of section 170.56 of the criminal procedure law,
     9  as amended by chapter 360 of the laws of 1977, is  amended  to  read  as
    10  follows:
    11    1.  Upon or after arraignment in a local criminal court upon an infor-
    12  mation, a prosecutor's information or a misdemeanor complaint, where the
    13  sole  remaining  count  or  counts  charge  a violation or violations of
    14  section 221.05, [221.10,] 221.15, 221.35 or 221.40 of the penal law  and
    15  before the entry of a plea of guilty thereto or commencement of  a trial
    16  thereof,  the  court,  upon  motion  of  a defendant, may order that all
    17  proceedings be suspended and the action adjourned  in  contemplation  of
    18  dismissal,  or upon a finding that adjournment would not be necessary or
    19  appropriate and the setting forth in the record of the reasons for  such
    20  findings,  may  dismiss in furtherance of justice the accusatory instru-
    21  ment; provided, however, that the court may not order  such  adjournment
    22  in  contemplation  of dismissal or dismiss the accusatory instrument if:
    23  (a) the defendant  has  previously  been  granted  such  adjournment  in
    24  contemplation  of  dismissal,  or  (b) the defendant has previously been
    25  granted a dismissal under this section, or (c) the defendant has  previ-
    26  ously  been convicted of any offense involving controlled substances, or
    27  (d) the defendant has previously been  convicted  of  a  crime  and  the
    28  district  attorney  does not consent or (e) the defendant has previously
    29  been adjudicated a youthful offender on the basis of  any  act  or  acts
    30  involving  controlled  substances  and  the  district  attorney does not
    31  consent.  Notwithstanding the limitations set forth in this subdivision,
    32  the court may order that all proceedings be  suspended  and  the  action
    33  adjourned  in  contemplation of dismissal based upon a finding of excep-
    34  tional circumstances. For  purposes  of  this  subdivision,  exceptional
    35  circumstances  exist when, regardless of the ultimate disposition of the
    36  case, the entry of a plea of guilty is likely to result in severe colla-
    37  teral consequences, including, but not  limited  to,  those  that  could
    38  leave a noncitizen inadmissible or deportable from the United States.
    39    §  37.  Section  210.46  of  the criminal procedure law, as amended by
    40  chapter 360 of the laws of 1977, is amended to read as follows:
    41  § 210.46  Adjournment in contemplation of dismissal in  marihuana  cases
    42          in a superior court.
    43    Upon or after arraignment in a superior court upon an indictment where
    44  the  sole  remaining count or counts charge a violation or violations of
    45  section 221.05, [221.10,] 221.15, 221.35 or 221.40 of the penal law  and
    46  before the entry of a plea of guilty thereto or commencement of a  trial
    47  thereof,  the  court,  upon  motion  of  a defendant, may order that all
    48  proceedings be suspended and the action adjourned  in  contemplation  of
    49  dismissal  or  may  dismiss the indictment in furtherance of justice, in
    50  accordance with the provisions of section 170.56 of this chapter.
    51    § 38. Paragraphs (h) and (i) of subdivision 1 of section 440.10 of the
    52  criminal procedure law, paragraph (h) as amended and  paragraph  (i)  as
    53  added  by  chapter  332 of the laws of 2010, are amended and a new para-
    54  graph (j) is added to read as follows:
    55    (h) The judgment was obtained in violation of a right of the defendant
    56  under the constitution of this state or of the United States; [or]

        S. 1747                            44
 
     1    (i) The judgment is a conviction where the arresting charge was  under
     2  section  240.37 (loitering for the purpose of engaging in a prostitution
     3  offense, provided that the defendant was not alleged to be loitering for
     4  the purpose of patronizing a prostitute or  promoting  prostitution)  or
     5  230.00  (prostitution)  of  the  penal  law, and the defendant's partic-
     6  ipation in the offense was a result of having been a victim of sex traf-
     7  ficking under section 230.34 of the penal law or trafficking in  persons
     8  under  the Trafficking Victims Protection Act (United States Code, title
     9  22, chapter 78); provided that
    10    (i) a motion under this paragraph shall be made  with  due  diligence,
    11  after the defendant has ceased to be a victim of such trafficking or has
    12  sought  services  for victims of such trafficking, subject to reasonable
    13  concerns for the safety of the defendant, family members of the  defend-
    14  ant, or other victims of such trafficking that may be jeopardized by the
    15  bringing  of  such  motion,  or  for  other  reasons consistent with the
    16  purpose of this paragraph; and
    17    (ii) official documentation of the defendant's status as a  victim  of
    18  sex  trafficking  or  trafficking  in persons at the time of the offense
    19  from a federal, state or local government agency shall create a presump-
    20  tion that the defendant's participation in the offense was a  result  of
    21  having  been  a victim of sex trafficking or trafficking in persons, but
    22  shall not be required for granting a motion under this paragraph[.]; or
    23    (j) the judgment occurred prior to the effective date  of  this  para-
    24  graph and is a conviction for:
    25    (i) an offense as defined by section 221.10 of the penal law (criminal
    26  possession  of marihuana in the fifth degree), as in effect prior to the
    27  effective date of this paragraph, provided that the  accusatory  instru-
    28  ment that underlies the judgment does not include an allegation that the
    29  defendant possessed more than twenty-five grams of marihuana; or
    30    (ii)  an  offense as defined by former section 221.35 of the penal law
    31  (criminal sale of marihuana in the fifth degree).
    32    § 39. Subdivision 6 of section 440.10 of the criminal  procedure  law,
    33  as  added  by  chapter  332  of  the laws of 2010, is amended to read as
    34  follows:
    35    6. If the court grants a motion under paragraph (i) or  paragraph  (j)
    36  of  subdivision  one  of  this  section, it must vacate the judgment and
    37  dismiss the accusatory instrument, and may take such  additional  action
    38  as is appropriate in the circumstances.
    39    §  40.  Section  440.46  of  the  criminal  procedure law, as added by
    40  section 9 of part AAA of chapter 56 of the laws of 2009,  subdivision  1
    41  as  amended  by  section  79 of subpart B of part C of chapter 62 of the
    42  laws of 2011, is amended to read as follows:
    43  § 440.46 Motion for resentence; certain controlled substance offenders.
    44    1. A person may, upon notice to  the  appropriate  district  attorney,
    45  apply  for  resentencing  or  redesignation  to  a determinate sentence,
    46  subject to the following criteria:
    47    a. Any person in the custody of  the  department  of  corrections  and
    48  community  supervision  convicted of a class B felony offense defined in
    49  article two hundred twenty of the penal law which was committed prior to
    50  January thirteenth, two thousand five, who is serving  an  indeterminate
    51  sentence  with  a maximum term of more than three years, may[, except as
    52  provided in subdivision five of this section, upon notice to the  appro-
    53  priate  district  attorney,]  apply  to  be resentenced to a determinate
    54  sentence in accordance with sections 60.04 and 70.70 of the penal law in
    55  the court which imposed the sentence.

        S. 1747                            45
 
     1    [2.] (i) As part of any such application, the defendant may also  move
     2  to  be  resentenced to a determinate sentence in accordance with section
     3  70.70 of the penal law for any one or more  class  C,  D,  or  E  felony
     4  offenses defined in article two hundred twenty or two hundred twenty-one
     5  of  the  penal  law, the sentence or sentences for which were imposed by
     6  the sentencing court at the same time or were included in the same order
     7  of commitment as such class B felony.
     8    (ii) The provisions of this paragraph shall not apply  to  any  person
     9  who  is serving a sentence on a conviction for or has a predicate felony
    10  conviction for an exclusion offense. For purposes of  this  subdivision,
    11  an  "exclusion  offense" is: (a) a crime for which the person was previ-
    12  ously convicted within the  preceding  ten  years,  excluding  any  time
    13  during  which  the  offender was incarcerated for any reason between the
    14  time of commission of the previous felony and the time of commission  of
    15  the  present  felony, which was: (1) a violent felony offense as defined
    16  in section 70.02 of the penal law; or (2) any other offense for which  a
    17  merit  time  allowance is not available pursuant to subparagraph (ii) of
    18  paragraph (d) of subdivision one of section eight hundred three  of  the
    19  correction  law;  or  (b)  a  second  violent felony offense pursuant to
    20  section 70.04 of the penal law or a persistent  violent  felony  offense
    21  pursuant  to  section  70.08  of  the penal law for which the person has
    22  previously been adjudicated.
    23    b. A person currently serving a sentence for a conviction, whether  by
    24  trial  or  by plea, of an offense defined in the former sections 221.25,
    25  221.30, 221.50, or 221.55 and sections 221.15, 221.20, 221.35, or 221.45
    26  of the penal law prior to the effective date of this paragraph may apply
    27  to be resentenced to a determinate sentence in accordance with  sections
    28  221.15,  221.20, 221.35, 221.40, or 221.45 of the penal law, as amended,
    29  in the court which imposed the sentence.
    30    c. A person who has completed his or her sentence  for  a  conviction,
    31  whether  by  trial  or  by  plea,  of  an offense in the former sections
    32  221.25, 221.30, 221.50, or 221.55 of the penal law prior to  the  effec-
    33  tive  date  of  this  paragraph  may  apply  for re-designation of their
    34  conviction to a  determinate  conviction  in  accordance  with  sections
    35  221.15,  221.20, 221.35, 221.40, or 221.45 of the penal law, as amended,
    36  in the court which imposed the sentence.
    37    [3.] 2. The  provisions  of  section  twenty-three  of  chapter  seven
    38  hundred  thirty-eight  of the laws of two thousand four shall govern the
    39  proceedings on and determination of a motion brought  pursuant  to  this
    40  section;  provided, however that the court's consideration of the insti-
    41  tutional record of confinement of such person shall include but  not  be
    42  limited  to such person's participation in or willingness to participate
    43  in treatment or other programming while incarcerated and  such  person's
    44  disciplinary  history.  The  fact  that a person may have been unable to
    45  participate in treatment or other programming while incarcerated despite
    46  such person's willingness to do so shall not be  considered  a  negative
    47  factor in determining a motion pursuant to this section.
    48    [4.]  3. Subdivision one of section seven hundred seventeen and subdi-
    49  vision four of section seven hundred twenty-two of the county  law,  and
    50  the related provisions of article eighteen-A of such law, shall apply to
    51  the  preparation of and proceedings on motions pursuant to this section,
    52  including any appeals.
    53    [5. The provisions of this section shall not apply to any  person  who
    54  is  serving  a  sentence  on  a conviction for or has a predicate felony
    55  conviction for an exclusion offense. For purposes of  this  subdivision,
    56  an "exclusion offense" is:

        S. 1747                            46

     1    (a)  a  crime for which the person was previously convicted within the
     2  preceding ten years, excluding any time during which  the  offender  was
     3  incarcerated for any reason between the time of commission of the previ-
     4  ous  felony and the time of commission of the present felony, which was:
     5  (i)  a  violent  felony offense as defined in section 70.02 of the penal
     6  law; or (ii) any other offense for which a merit time allowance  is  not
     7  available  pursuant to subparagraph (ii) of paragraph (d) of subdivision
     8  one of section eight hundred three of the correction law; or
     9    (b) a second violent felony offense pursuant to section 70.04  of  the
    10  penal  law  or  a  persistent violent felony offense pursuant to section
    11  70.08 of the penal law for which the person has previously been  adjudi-
    12  cated.]
    13    4.  Under  no circumstances may resentencing under this section result
    14  in the imposition of a term longer than the original sentence.
    15    5. Nothing in this section is intended to  diminish  or  abrogate  any
    16  rights or remedies otherwise available to the petitioner or applicant.
    17    § 41. Paragraph (c) of subdivision 8 of section 700.05 of the criminal
    18  procedure  law, as amended by chapter 37 of the laws of 2014, is amended
    19  to read as follows:
    20    (c) Criminal possession of  a  controlled  substance  in  the  seventh
    21  degree  as  defined  in  section  220.03  of  the  penal  law,  criminal
    22  possession of a controlled substance in the fifth degree as  defined  in
    23  section  220.06  of  the  penal law, criminal possession of a controlled
    24  substance in the fourth degree as defined in section 220.09 of the penal
    25  law, criminal possession of a controlled substance in the  third  degree
    26  as  defined in section 220.16 of the penal law, criminal possession of a
    27  controlled substance in the second degree as defined in  section  220.18
    28  of  the  penal law, criminal possession of a controlled substance in the
    29  first degree as defined in section 220.21 of  the  penal  law,  criminal
    30  sale of a controlled substance in the fifth degree as defined in section
    31  220.31  of the penal law, criminal sale of a controlled substance in the
    32  fourth degree as defined in section 220.34 of the  penal  law,  criminal
    33  sale of a controlled substance in the third degree as defined in section
    34  220.39  of the penal law, criminal sale of a controlled substance in the
    35  second degree as defined in section 220.41 of the  penal  law,  criminal
    36  sale of a controlled substance in the first degree as defined in section
    37  220.43  of  the penal law, criminally possessing a hypodermic instrument
    38  as defined in section 220.45 of  the  penal  law,  criminal  sale  of  a
    39  prescription  for  a controlled substance or a controlled substance by a
    40  practitioner or pharmacist as defined in section  220.65  of  the  penal
    41  law,  criminal  possession  of methamphetamine manufacturing material in
    42  the second degree as defined in section 220.70 of the penal law,  crimi-
    43  nal  possession  of  methamphetamine manufacturing material in the first
    44  degree  as  defined  in  section  220.71  of  the  penal  law,  criminal
    45  possession of precursors of methamphetamine as defined in section 220.72
    46  of  the  penal law, unlawful manufacture of methamphetamine in the third
    47  degree as defined in section 220.73 of the penal law, unlawful  manufac-
    48  ture  of  methamphetamine  in  the  second  degree as defined in section
    49  220.74 of the penal law, unlawful manufacture of methamphetamine in  the
    50  first  degree  as  defined  in section 220.75 of the penal law, unlawful
    51  disposal of methamphetamine laboratory material as  defined  in  section
    52  220.76  of  the penal law, operating as a major trafficker as defined in
    53  section 220.77 of the penal law, [criminal possession  of  marihuana  in
    54  the first degree as defined in section 221.30 of the penal law, criminal
    55  sale  of  marihuana  in the first degree as defined in section 221.55 of
    56  the penal law,] promoting gambling in the second degree  as  defined  in

        S. 1747                            47
 
     1  section  225.05 of the penal law, promoting gambling in the first degree
     2  as defined in section 225.10 of the penal law,  possession  of  gambling
     3  records  in  the second degree as defined in section 225.15 of the penal
     4  law,  possession  of  gambling records in the first degree as defined in
     5  section 225.20 of the penal law, and possession of a gambling device  as
     6  defined in section 225.30 of the penal law;
     7    § 42. Paragraphs (b) and (c) of subdivision 4-b and subdivisions 6 and
     8  9  of  section  1310 of the civil practice law and rules, paragraphs (b)
     9  and (c) of subdivision 4-b as added by chapter 655 of the laws  of  1990
    10  and  subdivisions  6  and 9 as added by chapter 669 of the laws of 1984,
    11  are amended to read as follows:
    12    (b) on three or more occasions, engaging  in  conduct  constituting  a
    13  violation  of  any  of  the  felonies defined in section 220.09, 220.16,
    14  220.18, 220.21, 220.31, 220.34, 220.39, 220.41[,] or 220.43 [or  221.55]
    15  of  the  penal law, which violations do not constitute a single criminal
    16  offense as defined in subdivision one of section 40.10 of  the  criminal
    17  procedure law, or a single criminal transaction, as defined in paragraph
    18  (a)  of  subdivision two of section 40.10 of the criminal procedure law,
    19  and at least one of which resulted in a conviction of such  offense,  or
    20  where  the  accusatory  instrument charges one or more of such felonies,
    21  conviction upon a plea of guilty to a felony  for  which  such  plea  is
    22  otherwise authorized by law; or
    23    (c)  a  conviction  of  a  person  for  a violation of section 220.09,
    24  220.16, 220.34 or 220.39 of the penal law, [or a conviction of a  crimi-
    25  nal  defendant  for  a violation of section 221.30 of the penal law,] or
    26  where the accusatory instrument charges any such felony, conviction upon
    27  a plea of guilty to a felony for which the plea is otherwise  authorized
    28  by  law,  together with evidence which: (i) provides substantial indicia
    29  that the defendant used the real property  to  engage  in  a  continual,
    30  ongoing  course  of  conduct involving the unlawful mixing, compounding,
    31  manufacturing, warehousing, or packaging of  controlled  substances  [or
    32  where  the  conviction is for a violation of section 221.30 of the penal
    33  law, marijuana,] as part of an illegal trade or business for  gain;  and
    34  (ii) establishes, where the conviction is for possession of a controlled
    35  substance  [or where the conviction is for a violation of section 221.30
    36  of the penal law, marijuana], that such possession was with  the  intent
    37  to sell it.
    38    [6.  "Pre-conviction  forfeiture crime" means only a felony defined in
    39  article two hundred twenty or section 221.30  or  221.55  of  the  penal
    40  law.]
    41    9.  "Criminal defendant" means a person who has criminal liability for
    42  a crime defined in subdivisions five and six [hereof] of  this  section.
    43  For purposes of this article, a person has criminal liability when [(a)]
    44  he has been convicted of a post-conviction forfeiture crime[, or (b) the
    45  claiming  authority  proves  by  clear and convincing evidence that such
    46  person has committed an act in violation of article two  hundred  twenty
    47  or section 221.30 or 221.55 of the penal law].
    48    §  43. Subdivision 3-a and paragraphs (a) and (b) of subdivision 11 of
    49  section 1311 of the civil practice law and  rules,  subdivision  3-a  as
    50  added  by  chapter 655 of the laws of 1990 and paragraphs (a) and (b) of
    51  subdivision 11 as amended by section 47 of part A1 of chapter 56 of  the
    52  laws of 2010, are amended to read as follows:
    53    3-a.  Conviction  of  a person in a criminal action upon an accusatory
    54  instrument which includes one or  more  of  the  felonies  specified  in
    55  subdivision  four-b  of section thirteen hundred ten of this article, of
    56  any felony other than such felonies, shall not preclude a defendant,  in

        S. 1747                            48
 
     1  any subsequent proceeding under this article where that conviction is at
     2  issue, from adducing evidence that the conduct underlying the conviction
     3  would  not  establish  the  elements of any of the felonies specified in
     4  such subdivision other than the one to which the criminal defendant pled
     5  guilty.  If the defendant does adduce such evidence, the burden shall be
     6  upon the claiming authority to prove, by clear and convincing  evidence,
     7  that  the conduct underlying the criminal conviction would establish the
     8  elements of the felony specified in such subdivision. Nothing  contained
     9  in  this  subdivision  shall  affect the validity of a settlement of any
    10  forfeiture action negotiated between the claiming authority and a crimi-
    11  nal defendant contemporaneously with the taking of a plea of guilty in a
    12  criminal action to any felony defined in article two hundred twenty  [or
    13  section 221.30 or 221.55] of the penal law, or to a felony conspiracy to
    14  commit the same.
    15    (a)  Any  stipulation or settlement agreement between the parties to a
    16  forfeiture action shall be filed with the clerk of the  court  in  which
    17  the forfeiture action is pending. No stipulation or settlement agreement
    18  shall  be  accepted  for filing unless it is accompanied by an affidavit
    19  from the claiming authority that written notice of  the  stipulation  or
    20  settlement agreement, including the terms of such, has been given to the
    21  office  of  victim  services,  the  state  division  of criminal justice
    22  services[, and in the case of a forfeiture based on a felony defined  in
    23  article two hundred twenty or section 221.30 or 221.55 of the penal law,
    24  to the state division of substance abuse services].
    25    (b)  No  judgment  or order of forfeiture shall be accepted for filing
    26  unless it is accompanied by an affidavit  from  the  claiming  authority
    27  that  written  notice of judgment or order, including the terms of such,
    28  has been given to the office of victim services, the state  division  of
    29  criminal  justice  services[, and in the case of a forfeiture based on a
    30  felony defined in article two hundred twenty or section 221.30 or 221.55
    31  of the penal law, to the state division of substance abuse services].
    32    § 44. Subdivision 13 of section 89-f of the general business  law,  as
    33  added by chapter 336 of the laws of 1992, is amended to read as follows:
    34    13.  "Serious  offense"  shall  mean any felony involving the offenses
    35  enumerated in the closing paragraph  of  this  subdivision;  a  criminal
    36  solicitation  of  or a conspiracy to commit or an attempt to commit or a
    37  criminal facilitation of a felony involving the offenses  enumerated  in
    38  the  closing paragraph of this subdivision, which criminal solicitation,
    39  conspiracy, attempt or criminal facilitation itself constitutes a felony
    40  or any offense in any other jurisdiction  which  if  committed  in  this
    41  state  would  constitute a felony; any offense in any other jurisdiction
    42  which if committed in this state would constitute a felony provided that
    43  for the purposes of this article, none of the following shall be consid-
    44  ered criminal convictions or reported as  such:  (i)  a  conviction  for
    45  which an executive pardon has been issued pursuant to the executive law;
    46  (ii)  a  conviction  which  has  been vacated and replaced by a youthful
    47  offender finding pursuant to article seven hundred twenty of the  crimi-
    48  nal  procedure  law,  or  the  applicable provisions of law of any other
    49  jurisdiction; or (iii) a conviction  the  records  of  which  have  been
    50  sealed  pursuant  to the applicable provisions of the laws of this state
    51  or of any other jurisdiction; and (iv)  a  conviction  for  which  other
    52  evidence  of successful rehabilitation to remove the disability has been
    53  issued.
    54    Felonies involving: assault, aggravated assault and reckless endanger-
    55  ment pursuant to article one  hundred  twenty;  vehicular  manslaughter,
    56  manslaughter and murder pursuant to article one hundred twenty-five; sex

        S. 1747                            49
 
     1  offenses  pursuant to article one hundred thirty; unlawful imprisonment,
     2  kidnapping or coercion pursuant  to  article  one  hundred  thirty-five;
     3  criminal  trespass  and  burglary pursuant to article one hundred forty;
     4  criminal  mischief,  criminal  tampering  and  tampering with a consumer
     5  product pursuant to article one hundred forty-five;  arson  pursuant  to
     6  article one hundred fifty; larceny and offenses involving theft pursuant
     7  to article one hundred fifty-five; offenses involving computers pursuant
     8  to  article  one  hundred  fifty-six;  robbery  pursuant  to article one
     9  hundred sixty; criminal possession of stolen property pursuant to  arti-
    10  cle  one  hundred  sixty-five;  forgery and related offenses pursuant to
    11  article one hundred seventy; involving false written statements pursuant
    12  to article one hundred seventy-five; commercial bribing  and  commercial
    13  bribe  receiving pursuant to article one hundred eighty; criminal imper-
    14  sonation and scheme to defraud pursuant to article one  hundred  ninety;
    15  bribery involving public servants and related offenses pursuant to arti-
    16  cle  two  hundred;  perjury and related offenses pursuant to article two
    17  hundred ten; tampering with a witness, intimidating a victim or  witness
    18  and  tampering  with  physical  evidence pursuant to article two hundred
    19  fifteen; criminal possession  of  a  controlled  substance  pursuant  to
    20  sections  220.06,  220.09, 220.16, 220.18 and 220.21; criminal sale of a
    21  controlled  substance  pursuant  to  sections  220.31,  220.34,  220.39,
    22  220.41, 220.43 and 220.44; criminal sale of [marijuana] marihuana in the
    23  first degree pursuant to [sections] section 221.45[, 221.50 and 221.55];
    24  riot  in  the  first  degree, aggravated harassment in the first degree,
    25  criminal nuisance in the first degree and falsely reporting an  incident
    26  in the second or first degree pursuant to article two hundred forty; and
    27  crimes  against public safety pursuant to article two hundred sixty-five
    28  of the penal law.
    29    § 45. Paragraph (f) of subdivision 2 of section  850  of  the  general
    30  business law is REPEALED.
    31    §  46.  Paragraph  (h)  of subdivision 2 of section 850 of the general
    32  business law, as amended by chapter 812 of the laws of 1980, is  amended
    33  to read as follows:
    34    (h)  Objects, used or designed for the purpose of ingesting, inhaling,
    35  or otherwise introducing [marihuana,] cocaine, hashish, or  hashish  oil
    36  into the human body.
    37    §  47.  Paragraph  a  of  subdivision  4-a of section 165 of the state
    38  finance law, as added by chapter 95 of the laws of 2000, is  amended  to
    39  read as follows:
    40    a.  In  order  to  advance  specific  economic  goals,  New York state
    41  labelled wines, as defined in subdivision [twenty-a] twenty-j of section
    42  three of the alcoholic beverage control law, shall have  favored  source
    43  status for the purposes of procurement in accordance with the provisions
    44  of this subdivision.  Procurement of these New York state labelled wines
    45  shall  be  exempt from the competitive procurement provisions of section
    46  one hundred sixty-three of this article and other  competitive  procure-
    47  ment  statutes.    Such exemption shall apply to New York state labelled
    48  wines as defined in subdivision [twenty-a] twenty-j of section three  of
    49  the  alcoholic  beverage  control  law  produced by a licensed winery as
    50  defined in section seventy-six of the alcoholic beverage control law.
    51    § 48. Subdivision 7 of section 995 of the executive law, as amended by
    52  chapter 19 of the laws of 2012, is amended to read as follows:
    53    7. "Designated offender"  means  a  person  convicted  of  any  felony
    54  defined  in  any  chapter  of  the  laws of the state or any misdemeanor
    55  defined in the penal law [except that  where  the  person  is  convicted
    56  under  section  221.10  of  the penal law, only a person convicted under

        S. 1747                            50

     1  subdivision two of such section, or a person convicted under subdivision
     2  one of such section who stands previously  convicted  of  any  crime  as
     3  defined in subdivision six of section 10.00 of the penal law].
     4    § 49. Paragraphs (b) and (c) of subdivision 7 of section 480.00 of the
     5  penal law, paragraph (b) as amended by section 31 of part AAA of chapter
     6  56  of the laws of 2009 and paragraph (c) as added by chapter 655 of the
     7  laws of 1990, are amended to read as follows:
     8    (b) three or more violations of any of the felonies defined in section
     9  220.09,  220.16,  220.18,  220.21,  220.31,  220.34,   220.39,   220.41,
    10  220.43[,]  or  220.77[,  or 221.55] of this chapter, which violations do
    11  not constitute a single criminal offense as defined in  subdivision  one
    12  of  section  40.10  of  the criminal procedure law, or a single criminal
    13  transaction, as defined in paragraph (a) of subdivision two  of  section
    14  40.10  of the criminal procedure law, and at least one of which resulted
    15  in a conviction of such offense,  or  where  the  accusatory  instrument
    16  charges  one  or more of such felonies, conviction upon a plea of guilty
    17  to a felony for which such plea is otherwise authorized by law; or
    18    (c) a conviction of a  person  for  a  violation  of  section  220.09,
    19  220.16,  220.34[,]  or 220.39[, or 221.30] of this chapter, or where the
    20  accusatory instrument charges any such felony, conviction upon a plea of
    21  guilty to a felony for which the plea is otherwise  authorized  by  law,
    22  together  with evidence which: (i) provides substantial indicia that the
    23  defendant used the real property  to  engage  in  a  continual,  ongoing
    24  course  of  conduct involving the unlawful mixing, compounding, manufac-
    25  turing, warehousing, or packaging of controlled substances [or where the
    26  conviction is for a violation of section 221.30 of this  chapter,  mari-
    27  juana] as part of an illegal trade or business for gain; and (ii) estab-
    28  lishes, where the conviction is for possession of a controlled substance
    29  [or  where  the  conviction is for a violation of section 221.30 of this
    30  chapter, marijuana], that such possession was with the  intent  to  sell
    31  it.
    32    §  50. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
    33  and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
    34  amended to read as follows:
    35    (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
    36  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
    37  of this section that result in disqualification for  a  period  of  five
    38  years  shall include a conviction under sections 100.10, 105.13, 115.05,
    39  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
    40  125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
    41  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
    42  220.16,  220.31,  220.34,  220.60,  220.65,  [221.30,  221.50,  221.55,]
    43  230.00, 230.05, 230.06, 230.20, 235.05, 235.06, 235.07, 235.21,  240.06,
    44  245.00,  260.10,  subdivision two of section 260.20 and sections 260.25,
    45  265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal  law
    46  or  an  attempt  to  commit  any of the aforesaid offenses under section
    47  110.00 of the penal law, or  any  similar  offenses  committed  under  a
    48  former  section  of  the  penal  law,  or any offenses committed under a
    49  former section of the penal law which would constitute violations of the
    50  aforesaid sections of the penal law, or any offenses  committed  outside
    51  this  state  which would constitute violations of the aforesaid sections
    52  of the penal law.
    53    § 51. Appropriation.  The sum of five million dollars ($5,000,000)  is
    54  hereby  appropriated  to  the New York State Liquor Authority out of any
    55  moneys in the state treasury in the general fund to the  credit  of  the
    56  state purposes account, not otherwise appropriated, and made immediately

        S. 1747                            51
 
     1  available,  for  the purpose of carrying out the provisions of this act.
     2  Such moneys shall be payable on the audit and warrant of the comptroller
     3  on vouchers certified or approved by the superintendent or the  chairman
     4  of the New York State Liquor Authority in the manner prescribed by law.
     5    §  52.  Severability.  If any provision or term of this act is for any
     6  reason declared unconstitutional or invalid or ineffective by any  court
     7  of  competent  jurisdiction, such decision shall not affect the validity
     8  of the effectiveness of the remaining portions of this act or  any  part
     9  thereof.
    10    §  53.  This act shall take effect immediately; provided, however that
    11  the amendments to section 2 of the alcoholic beverage control  law  made
    12  by  section  twenty-five  of this act shall take effect on the same date
    13  and in the same manner as chapter 406 of the laws of 2014, takes effect.
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