[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included as an attachment to this chapter.]
[Adopted 11-26-2024 by L.L. No. 2-2025]
For purposes of this article, the following definitions shall apply:
INDIRECT RETAIL SALE
Shall have the meaning provided for in § 3, Subdivision 46-a, of the New York State Cannabis Law except that it shall not include cannabinoid hemp or hemp extract product.
OFFICE OF CANNABIS MANAGEMENT or OCM
Shall refer to the New York State Office of Cannabis Management.
PERSON
Shall be that as provided in § 3, Subdivision 40-a, of the New York State Cannabis Law.
PLACE OF BUSINESS
Shall have the meaning provided in New York State Cannabis Law § 131 and shall not include a residence or other real property not otherwise held out as open to the public or otherwise being utilized in a business or commercial manner, or any vehicle associated with the business, unless probable cause exists to believe that such residence, real property, or vehicle is being used in such business or commercial manner for the unlicensed activity.
UNLICENSED ACTIVITY
Shall refer only to unlawfully selling cannabis, cannabis product, or any product marketed or labeled as such without obtaining the appropriate registration, license or permit therefor, or engaging in an indirect retail sale.
A. 
For purposes of civil administrative enforcement of the provisions of this article, the Suffolk County Police Department is hereby authorized to conduct regulatory inspections of any place of business, located within Suffolk County, including a vehicle used for such business, not listed on the directory maintained by the Office of Cannabis Management (OCM) pursuant to § 11, Subdivision 13, of the New York State Cannabis Law to perform such retail sales of cannabis. Such regulatory inspection shall be for the purpose of civil administrative enforcement with respect to premises lacking applicable registrations, licenses or permits issued pursuant to § 10 of the New York State Cannabis Law.
B. 
The Suffolk County Police Department, in furtherance of this article and pursuant to § 355-6 herein and the New York State Cannabis Law, shall have the authority to issue notices of violation and orders to cease unlicensed activity pursuant to this article; seize any cannabis, cannabis product, or any product marketed or labeled as such, found in the possession of a person engaged in such conduct; and issue orders to seal the building or premises of any business engaged in unlicensed activity.
The Director of the Office of Labor, Licensing and Consumer Affairs, or his designee, is hereby appointed as the County Liaison with the Office of Cannabis Management and shall have the following duties:
A. 
Ensure that updates to the OCM directory of licensees are immediately incorporated into the local inspection process, coordinate with OCM on efforts to inspect unlicensed businesses and related local enforcement efforts;
B. 
Send biweekly reports to OCM, via OCM's chosen means of reporting, detailing enforcement efforts in the preceding two weeks including any information required by OCM such as the number of inspections performed, notices of violations issued, orders to seal issued and executed, the amount of any products believed to be cannabis, cannabis containing products, or products marketed as such, or any products herein authorized to be seized, including providing reports if no activities have taken place in the preceding two weeks; and
C. 
Serve as the primary contact for OCM in connection with its training program and the sharing of materials made available to counties with regard to the inspection and enforcement of unlicensed cannabis business.
Any person who reasonably believes that a place of business located in Suffolk County is providing cannabis for unlicensed sale or indirect retail sale of cannabis, cannabis products and/or any product marketed or labeled as containing cannabis without holding the appropriate state license can report such activity utilizing the link on the Suffolk County website.
Regulatory inspections shall be limited to determining whether the premises is conducting activity for which a license from OCM is required. Any such regulatory inspection shall only occur during the operating hours of the place of business being inspected. Nothing herein shall limit any enforcement action under law when illegal activity is observed or occurs during such inspection.
A. 
Notice of violation and order to cease.
(1) 
Upon determining that activity being conducted on the premises having been inspected is performing activities for which an OCM license is required, the Suffolk County Police Department shall issue a notice of violation and an order to cease the unlicensed activity wherein both set forth the nature of the unlawful conduct along with any fines and penalties for such conduct in amount not to exceed the fines set forth in § 355-9 and order any person who is unlawfully selling cannabis, cannabis product, or any product marketed or labeled as such without obtaining the appropriate registration, license, or permit therefor, or engaging in indirect retail sale, to cease such prohibited conduct, provided that any such notice of violation and order to cease unlicensed activity may only be issued against the business that is conducting the unlicensed activity or an individual owner of the business. Any notice of violation and order to cease unlicensed activity shall be served by delivery of the order to the owner of the business or other person of suitable age or discretion in actual or apparent control of the premises at the time of the inspection and shall be posted at the building or premises that have been sealed, secured and closed. A copy of the order shall also be mailed to any address for the owner of the business at any address provided by the person to whom such order was delivered pursuant to this subsection. The order shall remain in effect pending a hearing and final determination of the Suffolk County Supreme Court, or until such order is vacated by the County Attorney or the Court.
(2) 
The Suffolk County Police Department is hereby granted the authority, pursuant to and in accordance with § 131 of the New York State Cannabis Law, to seize any cannabis, cannabis product, or any product marketed or labeled as such, found in the possession of a person engaged in the unlawful conduct described in Subsection A(1) and in their place of business, including a vehicle used for such business, providing that the business that is conducting the unlicensed activity, or an individual owner of the business, maintain documentation of the chain of custody of such seized products, and ensure that such products are properly stored, catalogued, and safeguarded until such time as they may properly be destroyed by the County.
(3) 
The Suffolk County Police Department is hereby granted authority to seek injunctive relief against any person engaging in conduct in violation of § 131 of the New York State Cannabis Law, including through an action pursuant to § 16-a of the New York State Cannabis Law.
B. 
Orders to seal.
(1) 
The Suffolk County Police Department is hereby granted the authority, pursuant to and in accordance with § 131 of the New York State Cannabis Law, to issue an order to seal the building or premises of any business engaged in unlicensed activity, when such activity is conducted, maintained, or permitted in such building or premises, occupied as a place of business subject to the following procedures:
(a) 
The inspecting officer may issue an order to seal with an immediate effective date if such order is based upon a finding by the officer of an imminent threat to the public health, safety, and welfare, as defined in § 355-7.
(b) 
Any order to seal shall be served by delivery of the order to the owner of the business or other person of suitable age or discretion in actual or apparent control of the premises at the time of the inspection and shall be posted at the building or premises that have been sealed, secured and closed. A copy of the order shall also be mailed to any address for the owner of the business provided by the person to whom such order was delivered pursuant to this subsection. The order shall remain in effect pending a hearing and final determination of a court, or until such order is vacated by the officer or agency pursuant to this article.
(c) 
An order to seal shall explicitly state that a request for a hearing may be submitted in writing to the County Attorney within seven days.
(d) 
Upon receiving such a request for a hearing, the County Attorney shall file a copy of the request with the Clerk of the County Supreme Court.
(e) 
Upon receipt of a notice of request for a hearing from the County Attorney, the County Supreme Court shall then fix the date of such hearing no later than three business days from the date such notice is received by the Court and provide notice to the parties of the date, time, and location of the hearing. Upon such date, or upon such other date to which the proceeding may be adjourned by agreement of the parties, the Court shall hear testimony and receive evidence presented by the parties. The County and the person that requested the hearing shall be parties to the proceeding. Within four business days of the conclusion of the hearing, the Court shall make a determination as to:
[1] 
Whether the person upon which the order to seal was issued was engaged in unlicensed activity;
[2] 
If the person is found to have engaged in unlicensed activity, then whether such unlicensed activity presents an imminent threat to public health, safety and welfare as provided hereunder; and
[3] 
Whether the unlicensed activity as described in this section is more than a de minimis part of the business activity on the premises or in the building to be sealed pursuant to the order.
(f) 
However, when an order to seal has been issued upon a second or subsequent inspection in which unlicensed activity is confirmed to be continuing more than 10 calendar days after a notice of violation and order to cease unlicensed activity was previously issued, the Court need only determine:
[1] 
Whether the person upon which the order to seal was issued was engaged in unlicensed activity;
[2] 
Whether a notice of violation and order to cease unlicensed activity had been issued 11 or more days prior to the issuance of the order to seal; and
[3] 
Whether the order to seal was issued in compliance with § 138-b, Subdivision 6(a), of the New York State Cannabis Law.
(g) 
If the Court determines that an order to seal was not properly issued, the Court shall vacate such order. If the Court is satisfied that an order to seal was properly issued, the Court may render a judgment affirming the issuance of an order to seal, and direct the closing of the building or premises by any police officer or peace officer with jurisdiction to the extent necessary to abate the unlicensed activity and shall direct any police officer or peace officer with jurisdiction to post a copy of the judgment and a printed notice of such closing conforming to the requirements of this article. The closing directed by the judgment shall be for such period as the court may direct but in no event shall the closing be for a period of more than one year from the posting of the judgment provided for in this section.
(h) 
Failure of a party that requested a hearing to appear at the hearing will result in a default and order of sealing to remain in effect for such period as the Court may direct but in no event shall the order be in effect for a period of more than one year from the posting of the judgment unless otherwise vacated as provided for herein.
(2) 
Upon determination by the Court that a person or place of business has engaged in unlicensed activity, the County Sherriff's Office shall, pursuant to New York Real Property Actions and Proceedings Law § 715-a, personally serve upon the owner or landlord of the premises, or upon their agent, a written notice requiring the owner or landlord to make an application for the removal of a commercial tenant so using or occupying the same for a violation of Article 6 of the Cannabis Law involving the unlicensed sale of cannabis or products marketed or labeled as such. The County may thereafter authorize the commencement of further legal proceedings pursuant to RPAPL § 715-a and seek an award of remedies provided thereunder.
(3) 
County's pre-hearing right of demand.
(a) 
Upon demand by the County, a respondent or defendant shall provide to the County, prior to a hearing pursuant to this article or an order to seal pursuant to this article, within five days after a demand, or sooner if a hearing is scheduled less than five days from the date of demand, a verified statement setting forth the following:
[1] 
If the responding party is a natural person, such party's:
[a] 
Full legal name;
[b] 
Date of birth;
[c] 
Current home or business street address; and
[d] 
A unique identifying number from:
[i] 
An unexpired passport;
[ii] 
An unexpired state driver's license; or
[iii] 
An unexpired identification card or document issued by a state or local government agency or tribunal authority for the purpose of identification of that individual;
[2] 
If the responding party is a partnership, limited liability partnership, limited liability company, or other unincorporated association, including for-profit or not-for-profit membership organization or club, the information required pursuant to Subsection B(3)(a)[1] for all of its partners and members, as well as the state or other jurisdiction of its formation;
[3] 
If the responding party is a corporation, its state or other jurisdiction of incorporation, principal place of business, and any state or other jurisdiction of which that party is a citizen;
[4] 
If the responding party is not an individual, in addition to any information provided for in Subsection B(3)(a)[1] and [2] above, and to the extent not previously provided, each beneficial owner of the responding party by:
[a] 
Full name;
[b] 
Date of birth;
[c] 
Current home or business street address; and
[d] 
A unique identifying number from:
[i] 
An unexpired passport;
[ii] 
An unexpired state driver's license; or
[iii] 
An unexpired identification card or document issued by a state or local government agency or tribunal authority for the purpose of identification of that individual. As used in this section, the term "beneficial owner" shall have the same meaning as defined in 31 U.S.C. § 5336(a)(3), as amended, and any regulations promulgated thereunder.
A. 
The factors that determine an imminent threat to public health, safety, and welfare shall be limited to:
(1) 
Documented sales to minors;
(2) 
Unlicensed processing of cannabis products at the building or premises;
(3) 
Orders issued following an inspection wherein the person engaged in the unlicensed activity engaged in violent, tumultuous, or other behaviors indicating expressed intent to not comply with the office's order to cease the unlicensed activity;
(4) 
Documented presence of unlawful firearms at the building or premises;
(5) 
Proximity of the building or premises to schools, houses of worship, or public youth facilities;
(6) 
Presence of products deemed unsafe based on reports of illness or hospitalization; or
(7) 
Sales of, or offers to sell, cannabis products not tested or labeled lawfully in accordance with Chapter 7-a of the New York State Cannabis Law.
B. 
Notwithstanding the factors listed above, or the penalties section codified at § 355-9 herein, the Suffolk County Police Department may issue an order to seal with an immediate effective date upon a second or subsequent inspection in which unlicensed activity is confirmed to be continuing more than 10 calendar days after a notice of violation and order to cease unlicensed activity was previously issued by the Police Department, provided that the Police Department has also provided notice that the premises may be subject to an order to seal if upon a subsequent inspection the Police Department finds that the violation has not been abated.
C. 
An order to seal may be issued by the County only if:
(1) 
No part of the premises to be sealed is used in part as a residence and pursuant to local law or ordinance is zoned and lawfully occupied as a residence; and
(2) 
The unlicensed activity as described in this section is more than a de minimis part of the business activity on the premises or in the building to be sealed pursuant to the order.
In the event that an order to seal may not be issued pursuant to this article, the County shall issue a notice of violation and order to cease the unlicensed conduct, which shall constitute notice that such unlicensed activity must cease immediately.
D. 
In assessing whether unlicensed activity within a building or premises is more than de minimis, the office or board, as relevant, shall consider factors such as any one or more of the following:
(1) 
The presence of signs or symbols, indoors or out, advertising the sale of cannabis or otherwise indicating that cannabis is sold on the premises;
(2) 
Information shared in any advertisements or other marketing content in connection with the unlicensed business activity and any direct or indirect sales of cannabis or other conduct in violation of this article;
(3) 
The volume of illicit cannabis products on site; and
(4) 
The variety of illicit cannabis products on site.
E. 
Upon a request by the County, any police officer or peace officer with jurisdiction may assist in the enforcement of an order to seal issued by the County, in accordance with the following procedures:
(1) 
The police officer or peace officer serving and executing the order to seal shall forthwith make and return to the office an inventory of personal property situated in and used in conducting, maintaining, or permitting the unlicensed activity within the scope of this article and shall enter upon the building or premises for such purpose. Such inventory shall be taken in any manner which is deemed likely to evidence a true and accurate representation of the personal property subject to such inventory, including, but not limited to, photographing such personal property.
(2) 
The police officer or peace officer serving and executing the order to seal shall enter the building or premises and, upon service of the order, command all persons present in the building or premises to vacate the premises forthwith. Upon the building or premises being vacated, the premises shall be securely locked and all keys delivered to the officer serving the order who thereafter shall deliver the keys to the fee owner, lessor, or lessee of the building or premises involved. If the fee owner, lessor, or lessee is not at the building or premises when the order is being executed, the officer shall securely padlock the premises and retain the keys until the fee owner, lessor, or lessee of the building is ascertained, in which event, the officer shall deliver the keys to such fee owner, lessor, or lessee.
(3) 
Upon service and execution of the order to seal, the police officer or peace officer shall post a copy thereof in a conspicuous place or upon one or more of the principal doors at entrances of such premises where the unlicensed activity is being conducted, maintained, or permitted. In addition, the officer shall affix, in a conspicuous place or upon one or more of the principal doors at entrances of such premises, a printed notice that the premises have been closed by order of the Cannabis Control Board, and the name of the officer or agency posting the notice.
(4) 
Mutilation or removal of such a posted order or such a posted notice while it remains in force, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than $5,000 or by a Class B misdemeanor, or both, provided such order or notice contains therein a notice of such penalty, and shall be referred to the local District Attorney for enforcement. The County shall also adhere to the procedures in this article when executing an order to seal issued in accordance with this section.
F. 
Any order to seal issued by the County pursuant to this section shall be effective for one year from the later of the posting of the order or the date of the judgment provided for in this section.
G. 
An order to seal shall be vacated by the County, upon notice to the County, if the respondent submits sufficient evidence to the County by an affidavit and such other proof as may be submitted by the respondent that the unlicensed activity has been abated. An order vacating an order to seal shall include a provision authorizing the County, or any police officer or peace officer who assisted with the execution of the order to seal, to inspect the building or premises without notice for the purpose of ascertaining whether or not the unlicensed activity has been abated. Any police officer or peace officer with jurisdiction may, upon the request of the office, assist in the enforcement of an inspection provision of an order vacating an order to seal.
H. 
The County shall mail a copy, by certified mail, of any order to seal issued by the County within five days following issuance of such order to the person in whose name the real estate affected by the order is recorded in the Office of the County Clerk, as the case may be, who shall be presumed to be the owner thereof. Such mailing shall constitute notice to the owner and shall be deemed to be complete upon such mailing by the office as provided above.
I. 
If at any time a respondent vacates the building or premises subject to an order to seal issued by the County, or if the building owner provides sufficient proof thereof, any action or proceeding filed in accordance with these procedures relating to such building or premises shall be withdrawn by the County without prejudice, and any order to seal shall be vacated.
J. 
The remedies provided for in this section are not exclusive and the County may also request and recover penalties in accordance with other provisions in Chapter 7-a of the New York State Cannabis Law.
Violations of this article may be adjudicated in a proceeding before the Suffolk County Supreme Court. Any decision of such court imposing civil penalty, whether the adjudication was had by hearing or upon default or otherwise, shall constitute a judgment which may be entered by such office in the appropriate court of competent jurisdiction or any other place provided for the entry of civil judgments within the state and may be enforced without court proceedings in the same manner as the enforcement of money judgments entered in civil actions; provided, however, that no such judgment shall be entered which exceeds the sum of $25,000.
A. 
Any person engaging in the unlawful sale of cannabis, cannabis product, or any product marketed or labeled as such, or in indirect retail sales, shall be subject to a civil penalty of not less than $100 and not more than $10,000 for each day during which such violation continues, with a maximum penalty of no more than $25,000.
B. 
In addition to, and not in limitation of any other remedies provided herein, the County Attorney may maintain an action or proceeding against any person in the name of the County in a court of competent jurisdiction to compel compliance with, or to permanently or preliminarily restrain by injunction the violation of, this article or any other law or ordinance authorizing the use of the procedures of this article, or any rule or regulation adopted pursuant thereto, including but not limited to the relief provided in § 16-a of the New York Cannabis Law and Real Property Actions and Proceedings Law § 715-a.
Records of each inspection shall be maintained by the Suffolk County Police Department and retained in accordance with any relevant retention law.
This article shall be null and void on the day that statewide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine, via mere resolution, whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provision of this section.