City of Buffalo, NY
chevron_right
2023-11-15
info
chevron_right
The Code
chevron_right
Part II, General Legislation
chevron_right
Chapter 130 Sales of Cannabis and Products Containing Cannabis
- The Charter
- Ch C The Charter
- Ch CDL Disposition of Charter Legislation
- The Code
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 6 Boards, Committees, Agencies and Commissions
- Ch 12 Ethics, Code of
- Ch 16 Finance
- Ch 24 Libraries
- Ch 27 Notice, Publication of
- Ch 30 Office Hours and Holidays
- Ch 35 Personnel Policies
- Ch 37 Police Department
- Ch 44 Seal
- Ch 46 Telecommunications, Office of
- Ch 48 Time, Official
- Ch 53 Vehicles, City-Owned
- Part II, General Legislation
- Ch 63 Aircraft
- Ch 66 Air Pollution
- Ch 69 Alcoholic Beverages
- Ch 72 Ambulances and Ambulance Drivers
- Ch 75 Amusements
- Ch 78 Animals
- Ch 81 Auctions and Auctioneers
- Ch 85 Bait Dippers
- Ch 88 Bakers and Confectioners
- Ch 91 Bicycle Paths
- Ch 92 Billiard and Pool Rooms and Bowling Alleys
- Ch 94 Boilers and Engines; Engineers
- Ch 96 Bonds and Contracts
- Ch 98 (Reserved)
- Ch 101 Buildings, Cleaning of
- Ch 103 Building Construction and Demolition; Fire Prevention
- Ch 105 (Reserved)
- Ch 107 Buildings, Moving of
- Ch 109 Buildings, Numbering of
- Ch 111 Buildings, Public
- Ch 113 Buildings, Unsafe
- Ch 116 Burials
- Ch 119 Burning, Open
- Ch 120 Bureau of Administrative Adjudication
- Ch 122 Business Identification and Registration
- Ch 129 Certificates of Occupancy
- Ch 130 Sales of Cannabis and Products Containing Cannabis
- § 130-1 Sales of cannabis and products containing cannabis.
- § 130-2 Penalties for deceptive sales practices.
- § 130-3 Revocation.
- Ch 131 Certificate of Operation
- Ch 132 Tobacco/Hookah/Vaping Establishments
- Ch 133 City Property
- Ch 137 Code Enforcement
- Ch 140 Collection Agencies
- Ch 141 Collection of Arrears
- Ch 142 Collection Boxes
- Ch 143 Consumer Electronics Installation and Repair
- Ch 144 Contractors
- Ch 150 Dances and Dance Halls
- Ch 154 Discrimination
- Ch 158 Diseases, Infectious
- Ch 159 Dentistry
- Ch 160 Domestic Partnership Registry
- Ch 161 Drugs
- Ch 165 Electricity
- Ch 167 Elevators and Conveyances
- Ch 168 Environmental Review
- Ch 169 Excavations and Quarries
- Ch 175 Fees
- Ch 180 Firearms, Arrows and Other Weapons
- Ch 183 Flags
- Ch 186 Flammable Liquids
- Ch 189 (Reserved)
- Ch 193 Food and Drugs
- Ch 194 Food Stores
- Ch 196 (Reserved)
- Ch 199 Fruits and Vegetables
- Ch 203 Fumigation
- Ch 209 Gambling
- Ch 213 Games of Chance
- Ch 216 Garbage, Rubbish and Refuse
- Ch 219 Gasoline
- Ch 222 (Reserved)
- Ch 226 Grain
- Ch 232 Handbills and Other Publications
- Ch 235 Hazardous Materials and Wastes
- Ch 238 Heating
- Ch 242 Housing Standards
- Ch 249 Inspections
- Ch 254 Junk Dealers and Pawnbrokers
- Ch 259 Laundries and Clothes Cleaners
- Ch 261 Lead-Based Paint Abatement
- Ch 263 Licenses
- Ch 264 Rental Dwelling Unit Registration
- Ch 265 Property Managers
- Ch 266 Liquefied Petroleum Gas
- Ch 269 Lodging Houses
- Ch 270 Eviction for Illegal Drug Use and Possession
- Ch 275 Markets
- Ch 277 Mortgage in Default Property Registry
- Ch 278 Motion Pictures
- Ch 281 Multiple Housing
- Ch 286 Naming of Streets, Parks and Public Buildings
- Ch 288 Natural Gas Extraction
- Ch 289 Newsstands
- Ch 293 Noise
- Ch 294 Nuisance Abatement
- Ch 295 Nuisance Party
- Ch 299 Obscenity
- Ch 302 Oil and Gas Wells
- Ch 307 Parking and Parking Lots
- Ch 309 Parks and Other Open Spaces
- Ch 313 Peace and Good Order
- Ch 316 Peddling and Soliciting
- Ch 317 Aggressive Panhandling
- Ch 319 Performers, Outdoor
- Ch 322 (Reserved)
- Ch 326 Plumbing
- Ch 330 Poles and Wires
- Ch 333 Police Shields, Use of
- Ch 337 Preservation Standards
- Ch 341 Property Maintenance
- Ch 343 Promoting General Welfare of Minors in Public Places
- Ch 345 Public Safety, Obstruction of
- Ch 352 Railroads
- Ch 356 Rat Control
- Ch 361 Records
- Ch 365 Refrigerators
- Ch 370 Restaurants
- Ch 372 Bouncers
- Ch 378 Sanitation
- Ch 383 Shortwave Broadcasts
- Ch 387 (Reserved)
- Ch 391 Slaughterhouses
- Ch 395 Smoke Detectors
- Ch 399 Smoking
- Ch 404 (Reserved)
- Ch 409 Statues and Monuments; Public Art
- Ch 413 Streets and Sidewalks
- Ch 414 Special Events
- Ch 417 Strikebreakers
- Ch 421 (Reserved)
- Ch 425 (Reserved)
- Ch 430 Swimming Pools
- Ch 431 Tax Preparers, Regulation of
- Ch 437 Taxicabs, Liveries and Sightseeing Buses
- Ch 440 Telecommunications
- Ch 441 Telephone Facilities
- Ch 442 Wireless Facilities in Public Right-Of-Way
- Ch 444 (Reserved)
- Ch 449 Tires
- Ch 452 Alcohol Advertising
- Ch 454 Tow Trucks and Motor Vehicle Booting
- Ch 459 Trailers
- Ch 463 Transient Businesses; Trade Shows and Festivals
- Ch 467 Trees, Shrubs and Plants
- Ch 475 (Reserved)
- Ch 479 Vehicles and Traffic
- Ch 483 Vending Machines
- Ch 491 Water and Water Pollution
- Ch 495 Wharves, Harbors and Bridges
- Ch 496 Unified Development Ordinance
- Ch 501 Wood and Coal
- Ch 511 (Reserved)
- Distribution Table
- Ch DT Distribution Table
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Common Council of the City of Buffalo 5-2-2023, effective 5-2-2023.
Amendments noted where applicable.]
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 New York State Office of Cannabis
Management (OCM) so that it can be viewed and scanned from outside
of the licensed premises.
C.
Only OCM may issue licenses for cannabis businesses. There shall
be no unlicensed dispensing, processing, cultivation, sale, handling,
distributing, or gifting in exchange for anything for which value
is received of cannabis or processed cannabis products without the
required license from OCM which is displayed as required by OCM and
this chapter.
D.
Any business operating without the required OCM license or otherwise
in any violation of this chapter shall be subject to a Class I fine
in the sum of $1,500. Every day of operation without a license shall
constitute a separate violation and shall be punishable by a fine
of $1,500 per violation.
Pursuant to NYS Tax Law, § 1801 (a)(4)(6) and §§ 1802
through 1807 and any other applicable sections of the state's
tax law:
A.
Any person who engages in any act to defraud the state or its political
subdivisions or a government instrumentality within the state by false
or fraudulent pretenses, representations, or promises as to any material
matter in connection to sales and use taxes shall be subject to a
Class I fine in the sum of $1,500. Every day of operation without
a license shall constitute a separate violation and shall be punishable
by a fine of $1,500 per violation.
B.
Any unlicensed vendor who collects sales tax on unlicensed products
may be fined in accordance with § 1801(a)(4) and §§ 1802
through 1807 above.
C.
Any unlicensed vendor who fraudulently fails to pay or pay over any
tax due pursuant to Tax Law, § 1145(a)(2) may be subject
to cease and desist notices from the City of Buffalo.
The Commissioner of Permit and Inspection Services, in accordance
with the powers vested in him/her under the provisions of § 17-2
of the Charter of the City of Buffalo, may suspend, revoke, or refuse
the renewal thereof, for cause any license issued to any business
or person under any provision of the Code of the City of Buffalo after
a hearing before the Commissioner upon three days' notice, and
upon the determination by the Commissioner that the licensee has violated
this chapter.
