Bill Text: NY S06040 | 2015-2016 | General Assembly | Amended
Bill Title: Prohibits the sale and distribution of synthetic cannabinoids; establishes a statewide synthetic cannabinoid surrender program.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2016-06-14 - referred to economic development [S06040 Detail]
Download: New_York-2015-S06040-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6040--B Cal. No. 54 2015-2016 Regular Sessions IN SENATE August 26, 2015 ___________ Introduced by Sens. KLEIN, MURPHY, SERINO, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- committee discharged and said bill committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to establish a statewide synthetic cannabinoid surrender program within the department of health; and to amend the general business law, the tax law and the alcoholic beverage control law, in relation to prohibiting the sale of synthetic cannabinoids The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. There is hereby established, within the department of 2 health, a statewide synthetic cannabinoid surrender program. Such 3 program shall, for a period of 90 days after the effective date of this 4 section, in compliance with federal law operate as the statewide 5 synthetic cannabinoid surrender program whereby any individual, at 6 multiple geographic locations throughout the state, may anonymously 7 surrender to the department of health any product containing a synthetic 8 cannabinoid, as defined in section 399-hh of the general business law. 9 Provided further, that no surrender of a synthetic cannabinoid pursuant 10 to this section shall be deemed to be a sale for any purpose of law, 11 rule or regulation. 12 § 2. The general business law is amended by adding a new section 13 399-hh to read as follows: 14 § 399-hh. Sale or distribution of synthetic cannabinoid; prohibited. 15 1. For the purposes of this section, "synthetic cannabinoid" means any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11842-06-6S. 6040--B 2 1 chemical compound that is a cannabinoid receptor agonist and shall 2 include, but not be limited to, any material, compound, mixture or prep- 3 aration that is not designated as a controlled substance pursuant to 4 section thirty-three hundred six of the public health law. 5 2. No person, firm, corporation, partnership, association, limited 6 liability company or other entity shall sell, offer for sale, distribute 7 or give away, for retail, wholesale or promotional purposes any synthet- 8 ic cannabinoid. 9 3. Any person, firm, corporation, partnership, association, limited 10 liability company or other entity that is found by a local criminal 11 court, as defined in subdivision three of section 10.10 of the criminal 12 procedure law, to have violated the provisions of subdivision two of 13 this section shall be subject to a civil penalty of two thousand 14 dollars; provided, however, that upon a finding of a second or subse- 15 quent violation within any period of five years, the violator shall be 16 subject to a civil penalty of five thousand dollars; and provided, 17 further, that upon a finding of a third or subsequent violation within 18 any period of five years, the court shall provide notice thereof to the 19 commissioner of taxation and finance, the division of the lottery and 20 the state liquor authority, and the violator shall be prohibited from 21 selling cigarettes and tobacco products, lottery tickets, and alcoholic 22 beverages for a period of five years. 23 § 3. Paragraphs (e) and (f) of subdivision 2 of section 480 of the tax 24 law, as amended by chapter 744 of the laws of 1990, are amended and a 25 new paragraph (g) is added to read as follows: 26 (e) Any controlling person of such applicant has committed any of the 27 acts specified in subdivision three of this section within the preceding 28 five years, [or] 29 (f) Such applicant or any controlling person has been finally deter- 30 mined to have violated any of the provisions of this article or article 31 twenty-A of this chapter, or any rule or regulation adopted pursuant to 32 this article or article twenty-A of this chapter[.], or 33 (g) Such applicant or any controlling person has been determined to 34 have violated subdivision two of section three hundred ninety-nine-hh of 35 the general business law, three or more times during a period of five 36 years; in such case the violator shall be denied a license for a period 37 of five years after the last such violation. 38 § 4. Subparagraphs (iii) and (iv) of paragraph (b) of subdivision 3 of 39 section 480 of the tax law, subparagraph (iii) as added by chapter 860 40 of the laws of 1987 and subparagraph (iv) as amended by chapter 61 of 41 the laws of 1989, are amended and a new subparagraph (v) is added to 42 read as follows: 43 (iii) Has impersonated any person represented to be a wholesale dealer 44 under this article but not in fact licensed under this section, [or] 45 (iv) Has knowingly aided and abetted the sale of cigarettes or tobacco 46 products by a person which such licensee or controlling person knows (A) 47 has not been licensed by the commissioner of taxation and finance and 48 (B) is a wholesale dealer pursuant to the terms of subdivision eight of 49 section four hundred seventy of this chapter[.], or 50 (v) Has been determined to have violated subdivision two of section 51 three hundred ninety-nine-hh of the general business law, three or more 52 times during a period of five years; in such case the violator's license 53 shall be cancelled or suspended for a period of five years. 54 § 5. Subdivision a of section 1605 of the tax law, as amended by chap- 55 ter 217 of the laws of 2011, is amended to read as follows:S. 6040--B 3 1 a. The division may license as agents to sell lottery tickets such 2 persons as in its opinion will best serve public convenience, except 3 that no license shall be issued to any person to engage in business 4 exclusively as a lottery sales agent; and provided, further, that no 5 license shall be issued to any person who has been determined to have 6 violated subdivision two of section three hundred ninety-nine-hh of the 7 general business law, three or more times during a period of five years; 8 in such case the violator shall be denied a license for a period of five 9 years after the last such violation. The division may license such 10 persons as in its opinion are suitable to participate in video lottery 11 gaming pursuant to section sixteen hundred seventeen-a of this article. 12 § 6. Section 1607 of the tax law is amended by adding a new subdivi- 13 sion i to read as follows: 14 i. Three or more violations of subdivision two of section three 15 hundred ninety-nine-hh of the general business law, within any period of 16 five years, in which case, the division shall suspend the violator's 17 license for a period of five years. 18 § 7. Section 105 of the alcoholic beverage control law is amended by 19 adding a new subdivision 4 to read as follows: 20 4. No person shall receive a license to engage in the retail sale of 21 alcoholic beverages for off-premises consumption, who has been deter- 22 mined to have violated subdivision two of section three hundred ninety- 23 nine-hh of the general business law, three or more times during a period 24 of five years; in such case the violator shall be denied a license for a 25 period of five years after the last such violation. 26 § 8. Section 106 of the alcoholic beverage control law is amended by 27 adding a new subdivision 4-b to read as follows: 28 4-b. No person shall receive a license to engage in the retail sale of 29 alcoholic beverages for on-premises consumption, who has been determined 30 to have violated subdivision two of section three hundred ninety-nine-hh 31 of the general business law, three or more times during a period of five 32 years; in such case the violator shall be denied a license for a period 33 of five years after the last such violation. 34 § 9. Section 118 of the alcoholic beverage control law is amended by 35 adding a new subdivision 1-a to read as follows: 36 1-a. A license or permit issued pursuant to this chapter shall be 37 suspended for a period of five years when the holder thereof has been 38 determined to have violated subdivision two of section three hundred 39 ninety-nine-hh of the general business law, three or more times during a 40 period of five years. 41 § 10. Construction with other laws. Nothing in this act shall be 42 construed to limit or restrict any municipality from enacting or enforc- 43 ing a local law or ordinance governing a license issued by a munici- 44 pality where such business was found to have unlawfully manufactured, 45 distributed or sold a synthetic cannabinoid or synthetic phenthylamine. 46 § 11. This act shall take effect on the one hundred eightieth day 47 after it shall have become a law; provided, however, that, effective 48 immediately, any actions necessary to implement the provisions of 49 section one of this act on its effective date are authorized and 50 directed to be completed on or before such date.
