close
[HISTORY: Adopted by the Common Council of the City of Buffalo 5-2-2023, effective 5-2-2023; amended in its entirety 7-22-2025. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
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 invalid, the remainder of this chapter shall not be affected thereby.
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 each place of business included on such roster, or a discrete geographic zone of such roster, is inspected at least annually, or on a more frequent periodic basis deemed appropriate by the Commissioner, provided that:
(1) 
The Commissioner is not required to conduct an inspection of a place of business during a period in which such place of business is either closed or sealed;
(2) 
The Commissioner may prioritize inspections of places of business included on the inspection roster that the Commissioner reasonably believes that conduct in violation of this chapter has continued after an initial investigation. In determining whether conduct poses as an imminent threat to public health, safety, and welfare, the Commissioner shall consider the totality of the factors set forth in Subdivision 4 of § 138-b of the Cannabis Law, provided that any factor specified in such Subdivision 4 shall be sufficient on its own to determine an imminent threat;
(3) 
In furtherance of the efficient use of administrative enforcement resources, the Commissioner may inspect any place of business included on the inspection roster that is within a reasonable vicinity of a place of business otherwise scheduled for inspection; and
(4) 
Nothing herein precludes the Commissioner from inspecting places of business within the scope of this chapter that are not included on the inspection roster.
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 § 130-5 of this chapter, provided such complaints are subsequently substantiated by the DPIS; or
(2) 
Signage, statements and advertisements associated with a place of business.
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 in nature, designed to detect administrative violations, in furtherance of the regulatory scheme established pursuant to this chapter, and designed to guarantee certainty and regularity of application.
C. 
A person shall not destroy damage, alter, tamper with, remove or conceal potential evidence of unlicensed activity, attempt to do so, or ask or encourage another person to do so. Such destruction, damaging, altering, tampering, removing, or concealing, or attempts or encouragement to do the same, creates a presumption that such evidence was inculpatory.
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 information regarding the number and location of inspections conducted, notices of violation issued, and orders to seal issued and executed, and the amount and nature of the cannabis, cannabis products, or products marketed or labeled as such seized; and
C. 
Serve as the primary contact for OCM in connection with OCM's training program and the sharing of materials made available to counties and cities with regard to the regulatory inspection and civil enforcement with respect to unlicensed businesses.
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 Law and any fines or penalties for the unlicensed activity in amounts not to exceed the fines set forth in § 130-19 of this chapter.
D. 
Where a notice of violation and order to cease has been issued, but no order to seal pursuant to § 130-12 of this chapter has been issued, the person to whom a notice of violation and order was issued may submit to the Commissioner a verified affidavit attesting that the person has ceased the unlicensed activity and, if applicable, complied with the order to cease within 10 business days of the date the order to cease was issued.
E. 
Failure to submit the verified affidavit creates a presumption of continued unlicensed activity for each day after the date of issuance of the notice of violation and order to cease until such affidavit is received by the Commissioner.
F. 
Where a person submitted an affidavit but upon subsequent inspection is deemed by the Commissioner to be engaging in unlicensed activity, a presumption is created that unlicensed activity continued each day after the date of issuance of the notice of violation and order to cease.
G. 
No later than 20 business days after issuance of a notice of violation and order a person may petition in writing to the address or electronic address included on such order challenging such order.
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 Commissioner or the Office of Cannabis Management or destroyed by the City of Buffalo.
C. 
No later than 20 business days after the issuance of the earliest notice of violation and order issued pursuant to § 130-9 of this chapter, a person may petition in writing to the address or electronic address on the order for the return of the cannabis or other related items seized and may provide reasons that such cannabis or other related items were neither offered for sale as prohibited by Subdivision 1 or 1-a of § 125 and/or Subdivision 1 or 8 of § 132 of the Cannabis Law nor used as instrumentalities in furtherance of such violation.
D. 
The Commissioner shall respond in writing, rejecting or accepting any petition made pursuant to Subsection C hereof or § 130-9G, no later than 10 business days after receipt of such petition. Any order to cease pursuant to § 130-9 of this chapter shall remain in effect and all Cannabis and other related items seized shall be retained during the period proceeding such response.
E. 
The Commissioner may destroy any seized cannabis or other related items 30 business days after:
(1) 
Issuance of the earliest notice pursuant to § 130-9 of this chapter if no person makes a petition pursuant to Subsection C hereof or § 130-9G; or
(2) 
Issuance of a response pursuant to Subsection D hereof rejecting in whole or in part, as applicable, a petition made pursuant to Subsection C hereof or § 130-9G.
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 issued following an inspection wherein the person engaged in the unlicensed activity engaged in violent, tumultuous, or other behavior indicating expressed intent to not comply with the order to cease the unlicensed activity;
(4) 
Documented presence of unlawful firearms at the place of business;
(5) 
Proximity of the place of business 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 the Cannabis Law.
D. 
Notwithstanding the factors listed in Subsection C hereof and the restriction set forth in Subsection E(2) hereof, the Commissioner 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 Commissioner, provided that the Commissioner has also provided notice pursuant to § 130-13 of this chapter.
E. 
An order to seal with an immediate effective date may be issued by the Commissioner only if:
(1) 
No part of the place of business to be sealed is used in part as a residence and pursuant to Chapter 496, Unified Development Ordinance, of this Code is zoned and lawfully occupied as a residence; and
(2) 
The unlicensed activity is more than a de minimis part of the business activity at the place of business to be sealed pursuant to the order.
F. 
In the event that an order to seal may not be issued pursuant to Subsection E hereof, the Commissioner shall issue a notice of violation and order to cease the unlicensed activity, which shall constitute notice that such unlicensed activity must cease immediately.
G. 
In assessing whether unlicensed activity within a place of business is more than de minimis, the Commissioner 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 at the place of business;
(2) 
Information shared in any advertisements or other marketing content in connection with the unlicensed activity or other conduct in violation of the cannabis law;
(3) 
The volume of illicit cannabis products as defined in § 136 of Cannabis Law on site; and
(4) 
The variety of illicit cannabis products as defined in § 136 of the Cannabis Law on site.
H. 
An order to seal shall remain in effect pending a hearing and final determination of a court, or until such order is vacated by the Commissioner pursuant to this chapter.
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 whose name the real estate affected by the order is recorded in the office of the City Register or 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 Commissioner as provided above.
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 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 place of business and, upon service of the order, command all persons present in the place of business to vacate forthwith. Upon the place of business being vacated, it 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 place of business. If the fee owner, lessor, or lessee is not at the place of business when the order is being executed, the officer shall securely padlock the place of business 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) 
If the fee owner, lessor, or lessee does not request the keys for purposes of abating the unlicensed activity, the keys shall be delivered to such fee owner, lessor, or lessee when the order to seal is vacated.
B. 
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 Commissioner, and the name of the officer or agency posting the notice.
C. 
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.
D. 
The Commissioner shall also adhere to the procedures in this section when executing an order to seal issued in accordance with this article.
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 proceeding.
E. 
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, provided that the person that requested the hearing submitted a verified statement that may be required pursuant to § 130-16 of this chapter.
F. 
The court shall issue a determination within four business days of the conclusion of the hearing.
G. 
Failure of a party that requested a hearing to appear at the hearing will result in a default and an order to seal 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 pursuant to this chapter.
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 identification of that individual.
(2) 
If the responding party is a partnership, limited-liability partnership, limited-liability company, or other unincorporated association, including a for-profit or not-for-profit membership organization or club, the information required pursuant to Subsection A(1) hereof for all of its partners or 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 pursuant to Subsection A(2) and (3) hereof, and to the extent not previously provided, each beneficial owner of the responding party by:
(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 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. 
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 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 for a place of business where no part of the premises to be sealed is used in part as residence and pursuant to Chapter 496, Unified Development Ordinance, of this Code, is zoned and lawfully occupied as a residence.
C. 
If the court determines that an order to seal was not properly issued, the court shall vacate the order to seal.
D. 
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 place of business 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 chapter.
E. 
The closing directed by the judgment shall be for such period as the court may direct unless otherwise vacated pursuant to this chapter. 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.
A. 
Any order to seal issued by the Commissioner of Permit and Inspection Services, or its duly authorized representatives, 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.
B. 
An order to seal shall be vacated by the Commissioner, if the respondent submits sufficient evidence to the Commissioner 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 Commissioner, 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 Commissioner, assist in the enforcement of an inspection provision of an order vacating an order to seal.
C. 
If at any time a respondent vacates the building or premises subject to an order to seal issued by the Commissioner, 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 Commissioner without prejudice, and any order to seal shall be vacated.
A. 
Any person who engages in unlicensed activity as set forth in this article 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. 
An affirmation from the Commissioner of Permit and Inspections, or its duly authorized representatives, confirming the presence of unlicensed activity following an inspection by the Commissioner after a notice of violation and order to cease was issued shall be sufficient to establish a prima facie case that such conduct has been continuing for each business day between the initial inspection and the last observed or otherwise documented conduct.
C. 
The penalty provided for in this section may be recovered by an action or proceeding in Buffalo Housing Court where the building or premises is located brought by the City of Buffalo to enforce the notice of violation and order to cease.
D. 
A person may commence an action or proceeding in Buffalo Housing Court where the building or premises is located to challenge the penalty set forth in the notice of violation and order to cease.
E. 
The Commissioner may seek injunctive relief against any person engaging in unlicensed activity as set forth in this article, including through an action pursuant to § 16-a of the Cannabis Law in the Supreme Court.
F. 
The remedies provided for in this chapter are not exclusive and the Commissioner may also request and recover penalties in accordance with other provisions of the cannabis law.
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.
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.