A07842 Summary:

BILL NOA07842
 
SAME ASNo Same As
 
SPONSORBrown K
 
COSPNSR
 
MLTSPNSR
 
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.
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A07842 Actions:

BILL NOA07842
 
04/11/2025referred to economic development
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A07842 Committee Votes:

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A07842 Floor Votes:

There are no votes for this bill in this legislative session.
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A07842 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7842
 
SPONSOR: Brown K
  TITLE OF BILL: An act to amend the public health law and the cannabis law, in relation to prohibiting vapor products dealer storefronts, cannabis retail licen- see storefronts, and adult-use on-site cannabis consumption licenses in certain locations   PURPOSE OR GENERAL IDEA OF BILL: Prohibits vapor products dealer storefronts, cannabis retail licensee storefronts, and adult-use on-site cannabis consumption licenses in certain locations.   SUMMARY OF PROVISIONS: Section 1: The public health law is amended by adding a new section 2 1399mm-4 to identify vapor products dealer storefront location restrictions and requirements by municipalities regarding revoking the certificate of occupancy of certain vapor products dealer storefront locations. Section 2: Subdivision 6 of sedtion 72 of the cannabis law is amended to identify prohibited locations for cannabis retail licensee storefronts and requirements by municipalities regarding revoking the certificate of occupancy of certain cannabis retail licensee storefront locations. Section 3: Subdivision 4 of section 77 of the cannabis law is amended to identify which applicants shall be granted an adult-use on-site consump- tion license for any premises locations listed in this amended section and requirements by municipalities regarding revoking the certificate of occupancy of any premises with an adult-use on-site consumption license located in location defined in this section. Section 4: Identifies effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): N/A   JUSTIFICATION: There is a rising number of vapor product dealer storefronts and canna- bis shops in NY State. Since 2018, the number of vape shops in the coun- try has increased by an average of almost 20 percent annually, according to one estimate. The number of non- licensed cannabis vape retailers across New York State is estimated in the thousands, mostly likely the tens of thousands. In recent times there has been restrictions placed on these establishments through local ordinances which more clearly define what these vapor product dealer storefronts are and how they should be regulated. According to the CDC the use of e-cigarettes is unsafe for kids, teens, and young adults. Most e-cigarettes contain nicotine, which is highly addictive and can harm adolescent brain development. Young people who use e-cigarettes may be more likely to smoke cigarettes in the future. In terms of illicit drugs, marijuana and alcohol are the most used among adolescents in the United States, with around 70 percent of 12th graders perceiving marijuana as fairly easy to obtain. Adolescent-onset cannabis use (before age 18) is associated with multiple adverse psychosocial outcomes. A 2021 survey of American high school students found that around 27.8 percent of students had used marijuana at least one instance in their lifetime. This bill is designed to maintain a distance between these vapor estab- lishments and areas'where children learn, play or worship. Currently there are laws which prohibit the advertisement of products near schools such as NY City's restriction that "retailers may not advertise or display tobacco or e-cigarette products in their outward facing windows within 500 feet of schools." In order to better maintain a safer environment for children this bill proposes prohibiting 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 and parks. This bill shall restrict the ability of these retailers to lease certain properties and will limit their ability to proliferate in areas where Children would have easy access to them.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A07842 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          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.
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A07842 LFIN:

 NO LFIN
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