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State Licenses and Permits
Erudito Herbals, LLC at 480 7th Avenue (between 35th and 36th 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, October 12, 2023, the following resolution passed with a vote of 28 in favor; 6 opposed; 1 abstaining:
WHEREAS, Erudito Herbals, LLC (“Applicant”) via its principal Fernando Leendof (the “Principal”), has notified Community Board Five of its intention to apply for a Conditional Adult-Use Retail Dispensary (“CAURD”) Cannabis license for the premises located at 480 7th Avenue (between 35th and 36th Streets), New York, NY 10018 (the “Premises”); and
WHEREAS, Applicant is applying for both a Cannabis Dispensary License (On-Site) as well as a Cannabis Dispensary License (Delivery Off-Site); and
WHEREAS, Applicant has no plans to offer on-site consumption of cannabis or the sale alcohol at the time of application pursuant to relevant State law; and
WHEREAS, Manhattan Community Board 5 (“CB5”) is exercising its prescribed statutory right under New York State and New York City laws and regulations to advise and comment on CAURD Licenses as to “Time, Place, and Manner” appurtenant to the granting of CAURD licenses; and
WHEREAS, The CAURD license is for one of the approved New York State legal adult-use retail dispensaries to be 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 (“OCM”) and the Dormitory Authority of the State of New York (“DASNY”) for the establishment of a CAURD operation; and
WHEREAS, The Premises is comprised of 4 floors with 1,200 square feet each, with a total capacity of 60 persons; and
WHEREAS, Applicant seeks daily hours of operation from 7 AM to 12 AM Monday thru Saturday, and 10 AM thru 10 PM Sunday, and 10 AM to 10 PM on Monday thru Friday and 10 AM thru 7 PM Saturday and Sunday with respect to its delivery service, or lesser hours based on the needs of the operation; and
WHEREAS, Applicant and the Premises are presumed to be in full compliance with all State regulations governing CUARD licenses; and
WHEREAS, The application appears to be in compliance with the conditions and standards regarding time, place, and manner of cannabis operations, as described in CB5’s resolution of February 9th 2023 (the “Cannabis Resolution”); and
WHEREAS, The Premises is currently operated as “Weedworks,” a well-known illegal cannabis dispensary with no connection to the Applicant or Principal; and
WHEREAS, CB5 believes that replacing a notorious illegal operator with a legal operation will improve the negative conditions of the location surrounding the Premises, and
WHEREAS, Applicant has agreed that Applicant shall:
- Comply with "no advertisement may be in the form of a billboard for cannabis dispensaries” and other regulations as described in the Packaging, Licensing, Marketing and Advertising (PLMA) regulations issued March 22, 2023 by OCM; and
- Hire adequate private security staff to police and screen the patrons and to protect the Premises in a secure manner; and
- Not offer on-site consumption of cannabis or the sale alcohol; and
- Ensure that queuing and crowds for the retail operation shall be managed and kept in all cases within the interior of the Premises; and
- Ensure that garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians; and
- Ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner, discourage patrons from loitering outside the Premises, and use reasonable best efforts to keep the area outside the Premises clear at all times; and
- Use commercially reasonable best efforts to discourage the parking of idling cabs, limousines and other vehicles on the street in front of the street entrance of the Premises; and
- Use commercially reasonable best efforts to maintain cleanliness of sidewalk in front of Premises; and
- Not permit smoking of cannabis or other products by anyone at any time in the Premises or its immediate vicinity; and
- Meet with neighbors and CB5 on a regular basis if requested and provide a 24-hour hotline with readily available and posted numbers to provide access so as to immediately address any complaints from the community; and
- Strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and
WHEREAS, CB5 finds the Applicant professional, qualified, and responsive to community requests, and the proposed business operation satisfactory and compliant with all OCM operating requirements; and
WHEREAS, Members of the public and local community and civic groups appeared and commented regarding this application and the comments and concerns of the community were taken into consideration in this position; and
WHEREAS, The Applicant has committed to working on a continuing basis with local residents, neighbors, businesses and civic groups and community organizations; and therefore, be it
RESOLVED, That Community Board Five recommends denial of the application by Applicant for a CAURD application for the Premises unless and until a suitable duly executed Affidavit affirming the veracity and commitment to fulfilling the facts and declarations as to Time, Place, and Manner recited in this Resolution is delivered to the CB5 Offices, and therefore, be it further
RESOLVED, That Community Board Five recommends denial of the application by Erudito Herbals, LLC for a Conditional Adult-Use Retail Dispensary Cannabis license for the premises located at 480 7th Avenue (between 35th and 36th Streets), New York, NY 10018, unless the above conditions are adhered to and are incorporated into the method of operation of the Office of Cannabis Management application.
AFFIDAVIT ATTACHED
