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The Devil Is In The Details

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
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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