N.Y. Cannabis Law § 64: Selection criteria

§ 64. Selection criteria. 1. The board shall develop regulations for

use by the office in determining whether or not an applicant should be

granted the privilege of an initial adult-use cannabis license, based

on, but not limited to, the following criteria:

(a) the applicant is a social and economic equity applicant;

(b) the applicant will be able to maintain effective control against

the illegal diversion or inversion of cannabis;

(c) the applicant will be able to comply with all applicable state

laws and regulations;

(d) the applicant and its officers are ready, willing, and able to

properly carry on the activities for which a license is sought including

with assistance from the social and economic equity and incubator

program, if applicable;

(e) where appropriate and applicable, the applicant possesses or has

the right to use sufficient land, buildings, and equipment to properly

carry on the activity described in the application or has a plan to do

so if qualifying as a social and economic equity applicant;

(f) the applicant qualifies as a social and economic equity applicant

or sets out a plan for benefiting communities and people

disproportionally impacted by enforcement of cannabis laws;

(g) it is in the public interest that such license be granted, taking

into consideration, but not limited to, the following criteria:

(i) that it is a privilege, and not a right, to cultivate, process,

distribute, and sell adult-use cannabis;

(ii) the number, classes, and character of other licenses in proximity

to the location and in the particular municipality, subdivision thereof

or geographic boundary as established by the board;

(iii) evidence that all necessary licenses and permits have been or

will be obtained from the state and all other relevant governing bodies;

(iv) effect of the grant of the license on pedestrian or vehicular

traffic, and parking, in proximity to the location;

(v) the existing noise level at the location and any increase in noise

level that would be generated by the proposed premises;

(vi) the ability to increase climate resiliency and minimize or

eliminate adverse environmental impacts, including but not limited to

water usage, energy usage, carbon emissions, waste, pollutants, harmful

chemicals and single use plastics;

(vii) the effect on the production, price and availability of cannabis

and cannabis products;

(viii) the applicant's history of violations and compliance with the

laws of another jurisdiction, in which they operate or have operated a

cannabis license or registration, related to the operation of a cannabis

business;

(ix) the applicant's history of violations related to the operation of

a business, including but not limited to, violations related to labor

laws, federal occupational safety and health law and tax compliance; and

(x) any other factors specified by law or regulation that are relevant

to determine that granting a license would promote public convenience

and advantage, public health and safety and the public interest of the

state, county or community.

(h) the applicant and its managing officers are of good moral

character and do not have an ownership or controlling interest in more

licenses or permits than allowed by this chapter, or any regulations

promulgated hereunder;

(i) the applicant has entered into a labor peace agreement with a

bona-fide labor organization that is actively engaged in representing or

attempting to represent the applicant's employees, and the maintenance

of such a labor peace agreement shall be an ongoing material condition

of licensure. In evaluating applications from entities with twenty-five

or more employees, the office shall give consideration to whether

applicants have entered into an agreement with a statewide or local

bona-fide building and construction trades organization for construction

work on its licensed facilities;

(j) the applicant will contribute to communities and people

disproportionately harmed by enforcement of cannabis laws through

including, but not limited to, the social responsibility framework as

provided in section sixty-six of this article and report these

contributions to the board;

(k) if the application is for an adult-use cultivator or processor

license, the environmental and energy impact, including compliance with

energy standards, of the facility to be licensed;

(l) the applicant satisfies any other conditions as determined by the

board;

(m) if the applicant is a registered organization, the organization's

maintenance of effort in manufacturing and/or dispensing and/or research

of medical cannabis for certified patients and caregivers; and

(n) whether the applicant or its managing officers have been found to

have engaged in activities in violation of this chapter.

2. If the board is not satisfied that the applicant should be issued a

license, the executive director shall notify the applicant in writing of

the specific reason or reasons recommended by the board for denial.

3. The state cannabis advisory board shall have the authority to

recommend to the board the number of licenses issued pursuant to this

article to ensure a competitive market where no licensee is dominant in

the statewide marketplace or in any individual category of licensing, to

actively promote and potentially license social and economic equity

applicants, and carry out the goals of this chapter.