BILL NUMBER: S7275
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the cannabis law, the education law and the social
services law, in relation to restricting cannabis storefronts from being
located within a certain distance from child day care centers, public
parks and playgrounds and specifying that cannabis storefronts shall be
restricted from locating within a certain distance from schools, child
day care centers and houses of worship located in a mixed use building
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would include child day care centers, houses of worship,
public parks and playgrounds located in mixed use buildings within the
proximity requirement that cannabis retail licensees or adult on-site
consumption licensees may not operate a storefront. The bill also clari-
fies that school grounds will include public or private pre-school,
nursery school, elementary school, secondary school or charter schools
located in mixed use buildings for purposes the proximity requirement
for operating a cannabis storefront.
 
SUMMARY OF PROVISIONS:
Section 1. Subdivision 6 of § 72 of the cannabis law is amended to
include a child day care center, a public park or a playground where no
cannabis retail licensee shall locate a storefront within five hundred
feet. This subdivision also defines houses of worship to include any
area, including entrances and exits, in a mixed use building which
contains or is used as a house of worship.
Section 2. Subdivision 4 of § 77 of the cannabis law is amended to
include a child day care center, a public park or a playground where no
adult-use on site consumption licensee shall locate a storefront within
five hundred feet. This subdivision also defines houses of worship to
include any area, including entrances and exits, in a mixed use building
which contains or is used as a house of worship.
Section 3. Subdivision 2 of § 409 of the Education expand the definition
of school grounds to include entrances and exits, in a mixed use build-
ing which as a private or public pre-school, nursery school, secondary
school or charter school.Law is amended to any area, including contains
or is used elementary school,
Section 4. The definition of child day care center in paragraph (c) of
subdivision 1 of § 390 of the social services law shall include any
area, including entrances and exits, in a mixed use building which
contains or is used as a child day care center.
Section 5. Effective date.
 
JUSTIFICATION:
Mixed use buildings are properties which are used for commercial, resi-
dential, or community facility purposes and these properties may contain
apartments, businesses or in some cases, schools, child day care
centers, houses of worship or playgrounds and parks. Existing cannabis
law prohibits a cannabis retail licensee and an adult-use on-site
consumption licensee from being located within five hundred feet of
school grounds as defined by education law or being located within two
hundred feet of a house of worship. This bill will include child day
care centers in mixed use buildings and playground and parks as areas
that these cannabis licensees may not establish a storefront within five
hundred feet. Additionally, houses of worship which are in mixed use
properties will be locations that a cannabis retail licensee and an
adult-use on-site consumption licensee may not locate their storefront
within two hundred feet. Finally, the bill clarifies that the definition
of school grounds shall include mixed use buildings, ensuring these
properties, which may include schools, are among those which retail
licensees and on-site consumption licensees must remain five hundred
feet from locating their business.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7275: 72 cannabis law, 72(6) cannabis law, 77 cannabis law, 77(4) cannabis law, 409 education law, 409(2) education law, 390 social services law, 390(1) social services law