N.Y. Cannabis Law 62 – Information to be requested in applications for licenses
§ 62. Information to be requested in applications for licenses. 1. The board shall have the authority to prescribe the manner and form in which an application must be submitted to the office for licensure under this article.
Terms Used In N.Y. Cannabis Law 62
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
2. The board is authorized to adopt regulations, including by emergency rule, establishing information which must be included on an application for licensure under this article. Such information may include, but is not limited to: information about the applicant's identity, including racial and ethnic diversity; ownership and investment information, including the corporate structure; evidence of good moral character, including the submission of fingerprints by the applicant to the division of criminal justice services; information about the premises to be licensed; financial statements; and any other information prescribed by regulation.
3. All license applications shall be signed by the applicant (if an individual), by a managing member (if a limited liability company), by an officer (if a corporation), or by all partners (if a partnership). Each person signing such application shall verify or affirm it as true under the penalties of perjury.
4. All license or permit applications shall be accompanied by a check, draft or other forms of payment as the board may require or authorize in the amount required by this article for such license or permit.
5. If there are any proposed changes, after the filing of the application or the granting of a license or permit, in any of the facts required to be set forth in such application, a supplemental statement giving notice of such proposed change, cost and source of money involved in the change, duly verified or affirmed, shall be filed with the board at least thirty days prior to such proposed change. Failure to do so shall, if willful and deliberate, be cause for denial or revocation of the license.
6. In giving any notice, or taking any action in reference to a registered organization or licensee of a licensed premises, the board may rely upon the information furnished in such application and in any supplemental statement connected therewith, and such information may be presumed to be correct, and shall be binding upon registered organizations, licensee or licensed premises as if correct. All information required to be furnished in such application or supplemental statements shall be deemed material in any prosecution for perjury, any proceeding to revoke, cancel or suspend any license, and in the board's final determination to approve or deny the license.
7. The board may waive the submission of non-material information or documentation described in this section, the waiver of which would not be inconsistent with the purposes and goals set forth in this article, for any category of license or permit, provided that it shall not be permitted to waive the requirement for submission of any such category of information solely for an individual applicant or applicants.
8. The board pursuant to regulation, may wholly prohibit and/or prescribe specific criteria under which it will consider and allow limited transfers or changes of ownership, interest, or control during the registration or license application period and/or up to two years after an approved applicant commences licensed activities.