New York location restrictions for retail - 500 feet from school/200 feet from house of worship, 500 feet from community facility.

The Devil Is In The Details

Location Basics

a. New York location restrictions for retail - 500 feet from school/200

feet from house of worship, 500 feet from community facility. From

other retailers:1,000/feet (pop 20k or more)/2,000 (pop less than 20k)

feet; See OCM Guidance 2/23 (pages 18-22): OCM Guidance For Adult

Retail Dispensaries 2/2023

b. Opt-out communities. See OCM spreadsheet of opt-outs updated

through March 2023: https://cannabis.ny.gov/local-government Plus

local regs relating to zoning, cannabis locations.

c. Federal Law: Distribution of more than 5 grams within 1,000 feet of a

school, playground, or public housing, or within 100 feet of a youth

center, public swimming pool, or video arcade, doubles Federal criminal

penalties.

d. NYS LAMP: https://espatiallynewyork.com/2021/09/23/lamp-

the-authoritative-liquor-license-mapping-application-for-new-

york-state/ Nothing similar for cannabis yet but still - not a bad tool.

e. Other regulation: For example, Zoning (local), ADA/Access. Housing

Works/Access

II. Doug’s Greatest Real Estate Hits – only some issues: (non-DASNY

space)

a. Illegal Use – carve-out for cannabis

b. Make sure use is expansive to anticipate future allowable use

c. Right to sell business/Secure Landlord regulatory cooperation with

license transfer

d. If a lease – venue selection to resolve disputes – State courts/arbitration.

–(Thor v MM)

e. Odors-nuisance;

f. Customer lines/loitering;

g. Space for curbside pick-up;

h. Drive-up window;

i. parking

j. Signage/visibility regulations;

k. Street level access/brick and mortar- literally;

l. Carbon footprint. For example: Local Law 97 - NYC Climate Mobilization Act – strict emission limits for buildings over 25k square feet. Huge penalties may be coming;

m. Water use and capacity for production;

n. Product, cash and location security;

o. Tenants be wary of CAM – for non-cannabis tenants;

p. Tenants be wary of Ordinance– for non-cannabis tenants;

q. Unionization conflicts with Landlord;

r. Audited financials to Landlord or Lender – tough to get;

III. Title Insurance (Paramount Vista National Land Services LLC)

Douglas Wasser

Doug is a New York commercial real estate attorney with 40 years of

experience representing clients doing transactions such as purchase, sale, lease,

sublease, net-lease, finance and operation and management for all manner of

commercial buildings and land, including multi-family residential, office, hotel,

warehouse, shopping centers, etc. Doug exists at the intersection of cannabis and

commercial real estate.

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