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INDIRECT RETAIL SALE Giving any cannabis, cannabis product, or any product marketed or labeled as cannabis or cannabis product, by any person engaging in a commercial business venture or otherwise providing or offering goods or services to the general public for remuneration, where the cannabis, cannabis product, or any product marketed or labeled as cannabis or cannabis product accompanies. A. The sale of any tangible or intangible property; or B. The provision of any service, including, but not limited to, entry to a venue or event, or a benefit of a membership to a club, association, or other organization.

PERSON An individual, institution, corporation, partnership, limited-liability company, business trust, trust, estate, or any other entity.

PLACE OF BUSINESS A building or premises utilized in a business or commercial manner, or any vehicle associated with the business. A "place of business" does 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 unlicensed activity.

UNLICENSED ACTIVITY Selling or offering for sale 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, as prohibited by Subdivision 1 or 1-a of § 125 and/or Subdivision 1 or 8 of § 132 of the Cannabis Law.

A. This chapter shall be filed with the New York State Office of Cannabis Management, along with any procedures or regulations promulgated pursuant to this chapter. This chapter shall not become effective until 10 days after it is filed with the office. B. This chapter shall not apply to any place of business or person that is listed in the directory maintained by the Office of Cannabis Management (OCM) pursuant to Subdivision 13 of § 11 of the Cannabis Law. C. The City of Buffalo Code Chapter 130, Cannabis, Cannabis Products, and Products Marketed and Labeled as Such, shall be consistent with the Cannabis Law. If any provision of this chapter shall be held or made invalid by a court decision, state statute or rule, or shall be otherwise rendered inva...

A. All establishments holding a license from New York State Office of Cannabis Management (OCM) shall prominently display the license on the licensed premises where it can be viewed by state and local agencies. If the licensed premises is open to the public, the license shall be displayed in an area that is within plain sight of the public. B. Upon issuance of any license, a retailer, whose licensed premises is open to the public, shall prominently display the Quick Response Code (QR Code) Certificate issued by OCM so that it can be viewed and scanned from outside of the licensed premises.

A. Pursuant to Section 131, Subdivision 3, of the New York State Cannabis Law, the Commissioner of Permit and Inspection Services or its duly authorized representatives are hereby authorized to conduct regulatory inspections as set forth in this chapter of any place of business located within the City of Buffalo, including a vehicle used for such business, that is not listed on the directory maintained by the New York State Office of Cannabis Management pursuant to Subdivision 13 of § 11 of the Cannabis Law. B. For purposes of detecting violations in accordance with the regulatory scheme set forth in this chapter, the Commissioner shall inspect each place of business listed on the inspection roster compiled pursuant to § 130-6 of this chapter such that...

The Department of Permit and Inspection Services (DPIS) shall establish a system for receiving complaints of unlicensed activity by any business within the City of Buffalo.

A. The Department of Permit and Inspection Services shall create an inspection roster, which may be subdivided on two or more discrete geographic zones, and include on such roster each place of business at which the DPIS reasonably believes cannabis is sold or offered to be sold, provided that no place of business shall be included on such roster for with a registration, license, or permit has been issued pursuant to the cannabis law or that is otherwise listed in the directory maintained by the New York State Office of Cannabis Management pursuant to Subdivision 13 of § 11 of the Cannabis Law. Such reasonable belief may be based on: (1) Observations of places of business; complaints received in accordance with a procedure developed by DPIS pursuant to...

A. Any regulatory inspection authorized under this chapter shall only occur during the operating hours of a place of business and be conducted for purposes of civil administrative enforcement with respect to places of business lacking applicable registrations, licenses or permits issued pursuant to the Cannabis Law, and in furtherance of its purposes. Nothing herein shall limit any enforcement action under law when illegal activity is observed or occurs during such inspection. B. The Commissioner of Permit and Inspection Services shall promulgate rules, regulations and procedures pertaining to regulatory inspections. The procedures for regulatory inspections shall ensure that the inspections are conducted in a reasonable manner, shall be administrative...

The Commissioner of Permit and Inspection Services, or its duly authorized representative, shall serve as the liaison to the New York State Office of Cannabis Management and shall: A. Ensure that updates to the directory maintained by the New York State Office of Cannabis Management pursuant to Subdivision 13 of § 11 of the Cannabis Law are immediately incorporated into the inspection procedures of the Department of Permit and Inspection Services, coordinate with OCM on efforts to inspect unlicensed businesses, and report on related local civil administrative enforcement efforts with respect to unlicensed businesses; B. Send bi-weekly reports to OCM in a manner and format prescribed by the office detailing recent enforcement efforts, including informat...

A. The Commissioner of Permit and Inspection Services, or its duly authorized representatives, shall have the authority to issue a notice of violation and order to cease unlicensed activity as prohibited by Subdivision 1 or 1-a of § 125 and/or Subdivision 1 or 8 of § 132 of the Cannabis Law and order any person who is engaging in unlicensed activity to cease the unlicensed activity. B. A notice of violation and order shall only be issued against the business that is conducting, maintaining, or permitting the unlicensed activity or an individual owner of such business. C. A notice of violation and order shall set forth the nature of the unlicensed activity as prohibited by Subdivision 1 or 1-a of § 125 and/or Subdivision 1 or 8 of § 132 of the Cannabis...

A. A 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 place of business at the time of the inspection and shall be posted at the place of business. B. A copy of the notice of violation and order shall also be mailed to any address for the owner of the business at any address provided by the person to whom such notice of violation and order was delivered pursuant to this section.

A. Upon issuance of a notice of violation and order to cease, the Commissioner of Permit and Inspection Services, or its duly authorized representatives, shall have the authority to seize any cannabis, cannabis product, or any product marketed or labeled as such, found in the place of business, including a vehicle used for such business, where unlicensed activity is conducted, maintained, or permitted by the business or an individual owner of the business. B. The Commissioner shall maintain documentation of the chain of custody of seized products and ensure that such products are properly stored, catalogued, and safeguarded until such time as they may properly be turned over to the Office of Cannabis Management or the authorized representative of the C...

A. Upon inspection as set forth in this chapter, the Commissioner of Permit and Inspection Services, or its duly authorized representatives, shall have the authority to issue an order to seal any place of business where unlicensed activity is conducted, maintained, or permitted and to seal, secure and close such place of business. B. The Commissioner may issue an order to seal with an immediate effective date if such order is based upon a finding by the Commissioner of an imminent threat to the public health, safety, and welfare. C. 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 place of business; (3) Orders is...

A. An 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 place of business at the time of the inspection and shall be posted at the place of business that was sealed, secured and closed pursuant to § 130-12 of this chapter. B. 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 section. C. The Commissioner of Permit and Inspection Services, or its duly authorized representatives, shall mail a copy, by certified mail, of any order to seal issued by the Commissioner within five days following issuance of such order to the person in wh...

A. Upon a request by the Commissioner of Permit and Inspection Services, or the request of its duly authorized representatives, any police officer or peace officer with jurisdiction may assist in the enforcement of an order to seal issued by the Commissioner, 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 Commissioner an inventory of personal property situated in and used in conducting, maintaining, or permitting the unlicensed activity and shall enter upon the place of business 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 subj...

A. An order to seal shall explicitly state that a request for a hearing may be submitted in writing to the corporation counsel within seven days of issuance of the order to seal. B. Upon receiving such a request for a hearing, the corporation counsel shall file a copy of the request with the clerk to the Buffalo Housing Court. The Buffalo Housing Court shall have jurisdiction to conduct proceeding for the adjudication of violations under this chapter. C. The court shall 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. D. The City of Buffalo and the person that requested the hearing shall be parties to the ...

A. Upon a demand by the City of Buffalo, a respondent or defendant shall provide to the City prior to a hearing relating to a notice of violation and order or a hearing relating to an order to seal, 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: (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: [1] An unexpired passport; [2] An unexpired state driver's license; or [3] An unexpired identification card or document issued by a state or local government agency or tribal authority for the purpose of identi...

A. When an order to seal has been issued with an immediate effective date, 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 according to § 130-12C of this chapter, and (3) Whether the unlicensed activity is more than a de minimis part of the business activity at the place of business that is subject to the order to seal. B. 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 afte...