A09520 Summary:
| BILL NO | A09520 |
| SAME AS | SAME AS S08847 |
| SPONSOR | Zaccaro |
| COSPNSR | Cruz, Glick, Hevesi, Buttenschon, Shimsky, McDonald, Ardila, DeStefano, Lemondes, Chang, Jensen, Maher, Slater, Lunsford, Gunther, Benedetto, Gibbs, Vanel, Davila, Jones, Zinerman, Lee, Walker, Reyes, Fall, De Los Santos, Solages, Tapia, Peoples-Stokes, McDonough, Brown K, Jackson, Chandler-Waterman, Williams, Epstein, Alvarez, Conrad, Gray, Stirpe, Bendett, Novakhov, Giglio JA, Berger, Mikulin, Gandolfo, Simone, Raga, Pheffer Amato, McMahon, Pirozzolo, Cunningham, Colton, Steck, Meeks, Braunstein, Jacobson, Durso, Zebrowski, Wallace, Fahy, Woerner, Seawright, Hyndman, Anderson, Simon, Ramos, Burgos, Darling, Gallahan, Lupardo, Rosenthal L, Rajkumar, Dais, Santabarbara, Stern |
| MLTSPNSR | |
| Amd 480-a & 1607, Tax L; amd 118, ABC L | |
| Provides for the revocation of licenses to sell cigarettes, tobacco products, alcohol and lottery tickets for the possession or sale of illicit cannabis in violation of the cannabis law. | |
A09520 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the tax law and the alcoholic beverage control law, in relation to the suspension or revocation of certain licenses for violations of the cannabis law PURPOSE OR GENERAL IDEA OF BILL:: This bill would permit the revocation of a tobacco, liquor or gaming license of a business found to have sold or possessed illicit cannabis. SUMMARY OF PROVISIONS:: Section 1. § 480-a(4)(a) of the tax law is amended to include if a retailer or an agent under this article possesses illicit cannabis as defined in § 136 of the cannabis law or found to be in violation of subdivision 1 of § 125 of the cannabis law. Section 2. § 118(1) of the alcohol beverage control law is amended to include possession or sale of illicit cannabis as defined by § 136 of the cannabis law. Section 3. § 1607 of the tax law is amended to add a new subdivision to include a violation of § 136 of the cannabis law provided that a license shall be revoked upon a finding that such licensee possessed or sold illicit cannabis, as defined by § 136 of the cannabis law. Section 4. Effective date. JUSTIFICATION:: Illicit cannabis that is sold at tobacco retailers, smoke shops, bodegas and delis undermine the legitimate and regulated adult-use cannabis market in New York State. The proliferation and brazenness of this ille- gal activity has resulted in targeted inspections of businesses by law enforcement, the imposition of fines on offenders, arrests, and the seizure of illicit cannabis. While additional enforcement authority under existing cannabis law allows for emergency relief to initiate civil proceedings for a perma- nent injunction against the owner, lessor, and lessee of a building or premises where illicit cannabis sales have taken place, the persistence of businesses that continue to engage in this illegal behavior, some opening up shortly after a targeted inspection, frustrates many through- out our communities and remains among the top quality of life problems in New York. This bill would permit the revocation of a tobacco, liquor or gaming license of a business that is found to have sold or possessed illicit cannabis. It sends a clear message to tobacco retailers, smoke shops, bodegas and delis that the consequences for their illegal actions are not limited to fines, arrests or seizures of illicit cannabis but also would directly impact their privilege to possess a tobacco, liquor or gaming license and ultimately their livelihoods. PRIOR LEGISLATIVE HISTORY:: New bill FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:: To be determined EFFECTIVE DATE:: This act shall take effect immediately.