a. Any person who engages in any conduct prohibited by subdivision one or one-a of section one hundred twenty-five of the cannabis law, except to the extent that such subdivisions apply to cultivation, processing, cannabinoid hemp or hemp extract products, or subdivision one or eight of section one hundred thirty-two of the cannabis law, except as to the extent that such subdivisions shall apply to cultivation, shall be subject to a civil penalty of not less than one hundred dollars and not more than ten thousand dollars for each day during which such violation continues, with a maximum penalty of no more than twenty-five thousand dollars with respect to each civil summons, provided that any notice of violation and penalty may only be issued against the business that is conducting the unlicensed activity or an individual owner of the business. Upon default by reason of failure to appear on a designated hearing date or a subsequent date following an adjournment, the penalty shall be ten thousand dollars with respect to each civil summons.
b. This section may be enforced by the office of the city sheriff.
c. Violations of this section may be adjudicated in a proceeding before the office of administrative trials and hearings pursuant to chapter forty-five-A of the charter, and may be adjudicated by any division or tribunal designated by such office. Any decision of such office imposing a 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 civil court of the city of New York 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 twenty-five thousand dollars, and that the terms and limitations applicable to entry of final orders imposing penalties pursuant to section one thousand forty-nine-a of the charter shall apply to entry of final orders imposing penalties pursuant to this subdivision; provided further, that clause (i) of subparagraph (a) of paragraph two of subdivision d of such section may be utilized in connection with service of civil summonses notwithstanding any inconsistent provision of such clause; and provided still further, that such terms and limitations shall not be deemed conditions upon the service or enforcement of orders of the office of the city sheriff, or of civil summonses other than as a condition of entry as judgments pursuant to this subdivision.
d. The office of the city sheriff may move to amend any judgment to designate a judgment debtor by the correct legal name in accordance with rules promulgated by the office of administrative trials and hearings.
e. Prior to a hearing, a respondent shall furnish to the office of the city sheriff, within five days after a demand, or sooner if practicable where the hearing is scheduled less than five days from the date of demand, a verified statement setting forth the information specified in subdivision five of section seventeen of the cannabis law.
f. As used in this section and section 7-552, the following terms shall have the following meanings: "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; "indirect retail sale" shall have the meaning provided for in subdivision forty-six-a of section three of the cannabis law, except that it shall not include cannabinoid hemp or hemp extract product.
(2024 N.Y. Laws Ch. 55, 4/20/2024, eff. 4/20/2024)