Bill Text: NY A09520 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 62-17)

Status: (Introduced) 2024-03-20 - referred to economic development [A09520 Detail]

Download: New_York-2023-A09520-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9520

                   IN ASSEMBLY

                                     March 20, 2024
                                       ___________

        Introduced  by  M.  of A. ZACCARO, CRUZ -- read once and referred to the
          Committee on Economic Development

        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

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (a) of subdivision 4 of section 480-a of the tax
     2  law, as amended by section 4 of part I of chapter  59  of  the  laws  of
     3  2020, is amended to read as follows:
     4    (a)  If  a  retail  dealer  possesses or sells unstamped or unlawfully
     5  stamped packages of cigarettes, or if a retail dealer is  also  licensed
     6  as an agent pursuant to section four hundred seventy-two of this article
     7  and  it  possesses  unlawfully  stamped  packages of cigarettes or sells
     8  unstamped or unlawfully stamped packages of cigarettes at retail, or  if
     9  a  retail dealer or an agent under this article possesses illicit canna-
    10  bis as defined in section one hundred thirty-six of the cannabis law  or
    11  is  in violation of section one hundred twenty-five of the cannabis law,
    12  (i) its registration under this article shall be revoked for a period of
    13  one year, or (ii) for a second such possession or sale or  violation  of
    14  the cannabis law within a period of five years by a retail dealer or any
    15  affiliated  person  of  such  retail dealer, the registration under this
    16  article of such retail dealer and the registration of any retail  dealer
    17  that  is an affiliated person of such retail dealer shall be revoked for
    18  a period of three years, or (iii) for a third such possession or sale or
    19  violation of the cannabis law within a period of five years by a  retail
    20  dealer  or any affiliated person of such retail dealer, the registration
    21  under this article of such retail dealer and  the  registration  of  any
    22  retail  dealer  that is an affiliated person of such retail dealer shall
    23  be revoked for a period of five  years.  A  retail  dealer  registration
    24  shall  be  revoked  pursuant  to  this subdivision immediately upon such
    25  dealer's receipt of written notice of revocation from the  commissioner.
    26  If  unstamped or unlawfully stamped cigarettes, or illicit cannabis, are
    27  found in a retail dealer's warehouse or a warehouse  of  any  affiliated

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14872-01-4
        A. 9520                             2

     1  person  of  such  retail  dealer,  the revocation of the retail dealer's
     2  registration pursuant to this subdivision shall be  applicable  to  each
     3  retail  place of business in this state through which such retail dealer
     4  and any affiliated person of such retail dealer sells cigarettes.
     5    §  2.  Subdivision  1 of section 118 of the alcoholic beverage control
     6  law, as amended by chapter 536 of the laws of 1996, is amended  to  read
     7  as follows:
     8    1.  Any  license  or  permit  issued  pursuant  to this chapter may be
     9  revoked, cancelled, suspended and/or subjected to the  imposition  of  a
    10  civil penalty for cause, and must be revoked for the following causes:
    11    (a) Conviction of the licensee, permittee or his agent or employee for
    12  selling any illegal alcoholic beverages on the premises licensed.
    13    (b) For transferring, assigning or hypothecating a license or permit.
    14    (c)  A violation of subdivision one of section one hundred twenty-five
    15  of the cannabis law, or the sale or possession of  illicit  cannabis  as
    16  defined in section one hundred thirty-six of such law.
    17    §  3.  Section 1607 of the tax law is amended by adding a new subdivi-
    18  sion i to read as follows:
    19    i. A violation of section one hundred twenty-five of the cannabis law;
    20  provided that a license shall be revoked upon a finding that such licen-
    21  see possessed or sold  illicit  cannabis,  as  defined  in  section  one
    22  hundred thirty-six of the cannabis law.
    23    § 4. This act shall take effect immediately.