T&C Distribution LLC dba “Stoops” 182 Fifth Avenue (between 22nd and 23rd St), New York, NY, application for a Conditional Adult-Use Retail Dispensary (CAURD) Cannabis license.
At the regularly scheduled monthly Community Board Five meeting on Thursday, July 13, 2023, the following resolution passed with a vote of 37 in favor; 0 opposed; 1 abstaining:
WHEREAS, T&C Distribution LLC (“Applicant”), has notified Community Board Five of its intention to apply for Conditional Adult-Use Retail Dispensary (“CAURD”) Cannabis license for the premises located at 182 Fifth Avenue (between 22nd and 23rd Streets), New York, NY (the “Premises”); and
WHEREAS, The CAURD license is for the first of New York's legal adult-use retail dispensaries which are operated by those most impacted by the enforcement of the prohibition of cannabis or nonprofit organizations whose services include support for the formerly incarcerated; and
WHEREAS, CAURD dispensaries are making legal adult-use sales with cannabis products grown by farmers across New York State; and
WHEREAS, CUARD dispensaries are making legal adult-use sales with cannabis products grown by farmers across New York State; and
WHEREAS, The Premises was chosen by the Dormitory Authority of the State of New York (“DASNY”) and the NYS Social Equity Cannabis Investment Fund for the establishment of a CUARD operation; and
WHEREAS, The Premises is 2,953 square feet for customer use on the ground and mezzanine floors of the building, with a cellar for storage and back of house use; and
WHEREAS, Applicant seeks daily hours of operation from 10:00 A.M. to no later than 10:00 P.M. seven nights a week, or lesser hours based on the needs of the operation; and
WHEREAS, Although CB5 finds the Applicant professional, qualified, and responsive to community requests, and the business operation satisfactory and compliant with all OCM operating requirements, we cannot support the location of the Premises; and
WHEREAS, While CB5 finds an acceptable distance between a cannabis establishment and a public park to be no less than 500 feet, the Premises is only 392 feet from Madison Square Park and only 225 feet from the Flatiron/NoMad public pedestrian plaza; and
WHEREAS, Members of the public appeared and commented regarding this application and the comments and concerns of the community were taken into consideration in this position; and
WHEREAS, Because of the proximity of The Premises to a public park and pedestrian plaza, CB5 cannot support the operation of a cannabis establishment at this location; therefore, be it
RESOLVED, That Community Board Five recommends denial of the application by T&C Distribution LLC for a Conditional Adult-Use Retail Dispensary Cannabis license for the premises located at 182 Fifth Avenue (between 22nd and 23rd Streets), New York, NY.