Add §1399-mm-4, Pub Health L; amd §§72 & 77, Cannabis L
Prohibits vapor products dealer storefronts, cannabis retail licensee storefronts, and adult-use on-site cannabis consumption licenses within one mile of school grounds, houses of worship, parks, and playgrounds, and in mixed-use buildings in which there are one or more residences; requires the revocation of the certificate of occupancy of vapor products dealer storefronts, cannabis retail licensee storefronts, and premises with an adult-use on-site consumption license within one mile of school grounds, houses of worship, parks, and playgrounds, and in mixed-use buildings in which there are one or more residences, in accordance with a specified schedule.
STATE OF NEW YORK
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7842
2025-2026 Regular Sessions
IN ASSEMBLY
April 11, 2025
___________
Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the public health law and the cannabis law, in relation
to prohibiting vapor products dealer storefronts, cannabis retail
licensee storefronts, and adult-use on-site cannabis consumption
licenses in certain locations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 1399-mm-4 to read as follows:
3 § 1399-mm-4. Vapor products dealer storefront location restrictions.
4 1. No vapor products dealer shall locate a storefront within one mile
5 of school grounds as such term is defined in the education law, a house
6 of worship, a park as such term is defined in section 1399-o-2 of this
7 chapter, or a playground as such term is defined in section 1399-o-1 of
8 this chapter, or in a mixed-use building in which there are one or more
9 residences.
10 2. Municipalities shall revoke the certificate of occupancy of vapor
11 products dealer storefronts located within one mile of school grounds as
12 such term is defined in the education law, a house of worship, a park as
13 such term is defined in section 1399-o-2 of this chapter, or a play-
14 ground as such term is defined in section 1399-o-1 of this chapter, or
15 in a mixed-use building in which there are one or more residences,
16 provided such vapor products dealer storefront was established in such
17 location prior to the effective date of this section, in accordance with
18 the following schedule:
19 (a) the certificate of occupancy of any such vapor products dealer
20 storefront established with less than twenty thousand one dollars of
21 capital investment shall be revoked prior to one year from the effective
22 date of this section;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11362-01-5
A. 7842 2
1 (b) the certificate of occupancy of any such vapor products dealer
2 storefront established with twenty thousand one to thirty thousand
3 dollars of capital investment shall be revoked prior to two years from
4 the effective date of this section;
5 (c) the certificate of occupancy of any such vapor products dealer
6 storefront established with thirty thousand one to fifty thousand
7 dollars of capital investment shall be revoked prior to three years from
8 the effective date of this section;
9 (d) the certificate of occupancy of any such vapor products dealer
10 storefront established with fifty thousand one to seventy-five thousand
11 dollars of capital investment shall be revoked prior to four years from
12 the effective date of this section; and
13 (e) the certificate of occupancy of any such vapor products storefront
14 established with seventy-five thousand one dollars or more of capital
15 investment shall be revoked prior to five years from the effective date
16 of this section.
17 § 2. Subdivision 6 of section 72 of the cannabis law is amended to
18 read as follows:
19 6. (a) No cannabis retail licensee shall locate a storefront within
20 [five hundred feet] one mile of a school grounds as such term is defined
21 in the education law [or within two hundred feet of], a house of
22 worship, a park as such term is defined in section 1399-o-2 of the
23 public health law, or a playground as such term is defined in section
24 1399-o-1 of the public health law, or in a mixed-use building in which
25 there are one or more residences.
26 (b) Municipalities shall revoke the certificate of occupancy of canna-
27 bis retail licensee storefronts located within one mile of school
28 grounds as such term is defined in the education law, a house of
29 worship, a park as such term is defined in section 1399-o-2 of the
30 public health law, or a playground as such term is defined in section
31 1399-o-1 of the public health law, or in a mixed-use building in which
32 there are one or more residences, provided such cannabis retail licensee
33 storefront was established in such location prior to the effective date
34 of this paragraph, in accordance with the following schedule:
35 (i) the certificate of occupancy of any such cannabis retail licensee
36 storefront established with less than twenty thousand one dollars of
37 capital investment shall be revoked prior to one year from the effective
38 date of this paragraph;
39 (ii) the certificate of occupancy of any such cannabis retail licensee
40 storefront established with twenty thousand one to thirty thousand
41 dollars of capital investment shall be revoked prior to two years from
42 the effective date of this paragraph;
43 (iii) the certificate of occupancy of any such cannabis retail licen-
44 see storefront established with thirty thousand one to fifty thousand
45 dollars of capital investment shall be revoked prior to three years from
46 the effective date of this paragraph;
47 (iv) the certificate of occupancy of any such cannabis retail licensee
48 storefront established with fifty thousand one to seventy-five thousand
49 dollars of capital investment shall be revoked prior to four years from
50 the effective date of this paragraph; and
51 (v) the certificate of occupancy of any such cannabis retail licensee
52 storefront established with seventy-five thousand one dollars or more of
53 capital investment shall be revoked prior to five years from the effec-
54 tive date of this paragraph.
55 § 3. Subdivision 4 of section 77 of the cannabis law is amended to
56 read as follows:
A. 7842 3
1 4. (a) No applicant shall be granted an adult-use on-site consumption
2 license for any premises within [five hundred feet] one mile of school
3 grounds as such term is defined in the education law [or two hundred
4 feet from], a house of worship, a park as such term is defined in
5 section 1399-o-2 of the public health law, or a playground as such term
6 is defined in section 1399-o-1 of the public health law, or in a mixed-
7 use building in which there are one or more residences.
8 (b) Municipalities shall revoke the certificate of occupancy of any
9 premises with an adult-use on-site consumption license located within
10 one mile of school grounds as such term is defined in the education law,
11 a house of worship, a park as such term is defined in section 1399-o-2
12 of the public health law, or a playground as such term is defined in
13 section 1399-o-1 of the public health law, or in a mixed-use building in
14 which there are one or more residences, provided such adult-use on-site
15 consumption license was issued for such premises prior to the effective
16 date of this paragraph, in accordance with the following schedule:
17 (i) the certificate of occupancy of any such premises with an adult-
18 use on-site consumption license established with less than twenty thou-
19 sand one dollars of capital investment shall be revoked prior to one
20 year from the effective date of this paragraph;
21 (ii) the certificate of occupancy of any such premises with an adult-
22 use on-site consumption license established with twenty thousand one to
23 thirty thousand dollars of capital investment shall be revoked prior to
24 two years from the effective date of this paragraph;
25 (iii) the certificate of occupancy of any such premises with an
26 adult-use on-site consumption license established with thirty thousand
27 one to fifty thousand dollars of capital investment shall be revoked
28 prior to three years from the effective date of this paragraph;
29 (iv) the certificate of occupancy of any such premises with an adult-
30 use on-site consumption license established with fifty thousand one to
31 seventy-five thousand dollars of capital investment shall be revoked
32 prior to four years from the effective date of this paragraph; and
33 (v) the certificate of occupancy of any such premises with an adult-
34 use on-site consumption license established with seventy-five thousand
35 one dollars or more of capital investment shall be revoked prior to five
36 years from the effective date of this paragraph.
37 § 4. This act shall take effect immediately.
