New York S 5641: Relates to the revocation of certain licenses for the possession or sale of illicit cannabis in violation of the cannabis law

Bill Text

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S05641 Summary:

BILL NOS05641 

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SAME ASNo Same As

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SPONSORBAILEY

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COSPNSRADDABBO, COMRIE, COONEY, FERNANDEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, KAVANAGH, KRUEGER,
 MYRIE, RYAN C, SALAZAR, SANDERS, SCARCELLA-SPANTON, SEPULVEDA

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MLTSPNSR

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Amd §§480-a & 1607, Tax L; amd §118, ABC L

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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.

Go to top S05641 Actions:

BILL NOS05641 

&nbsp

02/26/2025REFERRED TO BUDGET AND REVENUE

01/07/2026REFERRED TO BUDGET AND REVENUE

Go to topS05641 Committee&nbspVotes:

Go to topS05641 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05641 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5641

 2025-2026 Regular Sessions

 IN SENATE

 February 26, 2025
 ___________

 Introduced by Sens. BAILEY, ADDABBO, COMRIE, COONEY, FERNANDEZ,
 GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, KAVANAGH, KRUEGER, MYRIE,
 SALAZAR, SANDERS, SCARCELLA-SPANTON, SEPULVEDA -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Budget and Revenue

 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

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10253-01-5

 S. 5641 2

 1 retail dealer that is an affiliated person of such retail dealer shall
 2 be revoked for a period of five years. A retail dealer registration
 3 shall be revoked pursuant to this subdivision immediately upon such
 4 dealer's receipt of written notice of revocation from the commissioner.
 5 If unstamped or unlawfully stamped cigarettes, or illicit cannabis, are
 6 found in a retail dealer's warehouse or a warehouse of any affiliated
 7 person of such retail dealer, the revocation of the retail dealer's
 8 registration pursuant to this subdivision shall be applicable to each
 9 retail place of business in this state through which such retail dealer
 10 and any affiliated person of such retail dealer sells cigarettes.
 11 § 2. Subdivision 1 of section 118 of the alcoholic beverage control
 12 law, as amended by chapter 536 of the laws of 1996, is amended to read
 13 as follows:
 14 1. Any license or permit issued pursuant to this chapter may be
 15 revoked, cancelled, suspended and/or subjected to the imposition of a
 16 civil penalty for cause, and must be revoked for the following causes: