GMJT LLC dba “Cookies” 958 Sixth Avenue at the southeast corner of 6th Ave 35th 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, GMJT 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 958 Sixth Avenue at the southeast corner of 6th Avenue 35th Street, 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, The Premises was found by the Applicant for approval by the Office of Cannabis Management and the Dormitory Authority of the State of New York (“DASNY”) for the establishment of a CAURD operation; and
WHEREAS, The Premises is 2,400 square feet for customer use on the ground and second floors of the building, with a cellar for storage and back of house use; and
WHEREAS, Applicant seeks daily hours of operation from 8:00 A.M. to 2:00 A.M seven days a week, or lesser hours based on the needs of the operation; and
WHEREAS, In response to a request by CB5, Applicant agreed to modify its hours of operation to be no later than 10:00 PM, seven days a week; and
WHEREAS, The Applicant agreed to bring the Premises into compliance with signage and advertising requirements and other regulations as described in the Packaging, Licensing, Marketing and Advertising (PLMA) regulations issued March 22, 2023 by OCM.
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 74 feet from Herald Square Park; 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, 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 GMJT LLC for a Conditional Adult-Use Retail Dispensary Cannabis license for the premises located at 958 Sixth Avenue, New York, NY, New York, NY.