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State Licenses and Permits
Florisun LLC dba “Dazed”, 33 Union Square West (Between 16th and 17th Streets), 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, May 11, 2023, the following resolution passed with a vote of 27 in favor; 1 opposed; 1 abstaining:
WHEREAS, Florisun 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 33 Union Square West (between 16th and 17th 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, The Premises was chosen by the Dormitory Authority of the State of New York (“DASNY”) for the establishment of a CAURD operation; and
WHEREAS, The Premises consists of 2,880 square feet on the ground floor for customer use, as well as additional area in the basement for storage and back of house use; and
WHEREAS, Applicant seeks hours of operation from 8AM to no later than 2AM seven nights 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 on Sundays through Thursdays to be no later than 1AM; and
WHEREAS, The Premises is currently open and operating for 30 days as a "pop-up," under a program by which the NYS Office of Cannabis Management (“OCM”) allows CAURD dispensaries the opportunity to open on a short-term basis to fast-track sales, provide training opportunities for employees, and start generating capital for their businesses, after which the Premises will close for final construction and then re-open on a long-term basis; and
WHEREAS, Applicant initially provided public seating in front of the Premises, which seating the Applicant later removed as a result of complaints from residents and CB5 because patrons were using the seating to consume cannabis; and
WHEREAS, The Applicant described the security plan and other requirements mandated by OCM and provided confirmation that the Premises was cleared by OCM to commence 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 75 feet from Union Square Park; and
WHEREAS, While CB5 finds an acceptable distance between a cannabis establishment and a public playground to be no less than 1,000 feet, the Premises is only 175 feet from Evelyn’s Playground in Union Square Park; and
WHEREAS, While CB5 finds an acceptable distance between a cannabis establishment and a harm reduction facility to be no less than 500 feet, the Premises is only 475 feet from Realization Center, located at 25 East 15th Street; 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, a public playground, and a harm reduction facility, 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 Florisun LLC for a Conditional Adult-Use Retail Dispensary Cannabis license for the premises located at 33 Union Square West (between 16th and 17th Streets), New York, NY.