RESOLUTION
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP ROBINSON, MINORITY LEADER BREEN, COUNCILMEMBERS PINEDA-ISAAC, DIAZ, AND HODGES:
A RESOLUTION REQUESTING NEW YORK STATE PERMIT MUNICIPALITIES TO ENTER INTO HOST COMMUNITY AGREEMENTS WITH ADULT USE CANNABIS BUSINESSES
Whereas, The State of New York legalized adult-use cannabis with the intent of creating a well-regulated market that advances public health, safety, equity, and economic opportunity; and
WHEREAS, the current New York State cannabis law authorizes a local excise tax of up to four percent (4%) on adult-use cannabis retail sales, of which only a part remains with the host city, town, or village; and
Whereas, municipalities that host adult-use cannabis retailers incur direct and ongoing costs related to zoning and land-use review, permitting, inspections, code enforcement, public safety coordination, traffic and parking management, and community outreach; and
WHEREAS, current New York law prohibits municipalities from imposing host community fees or negotiated impact payments on adult-use cannabis retailers, limiting local governments’ ability to recover the actual costs associated with hosting such businesses; and
WHEREAS, this limitation has discouraged some municipalities from opting in to adult-use cannabis retail, thereby restricting legal access, slowing market development, and undermining statewide policy goals; and
WHEREAS, the Commonwealth of Massachusetts permits municipalities to enter into Host Community Agreements with cannabis businesses that may include a Community Impact Fee of up to three percent (3%) of gross annual sales, provided such fees are reasonably related to the costs imposed on the municipality; and
WHEREAS, the Massachusetts model includes safeguards such as fee caps, time limitations, and an emphasis on cost recovery rather than unrestricted revenue generation, offering a balanced approach between statewide regulation and local fiscal responsibility; and
WHEREAS, adopting a similar, carefully structured framework in New York State would provide municipalities with predictable and transparent mechanisms to offset hosting costs while maintaining strong state oversight and protecting cannabis licensees from excessive or arbitrary fees; and
WHEREAS, allowing limited, impact-based host community fees would encourage greater municipal participation in the adult-use cannabis market, promote geographic equity, and support responsible integration of cannabis businesses into local communities; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yonkers hereby requests that the New York State Legislature amend the New York Cannabis Laws to authorize municipalities that opt in to adult-use cannabis retail to enter into Host Community Agreements with cannabis retailers; and
BE IT FURTHER RESOLVED, that the City Council requests the City Clerk to forward a copy of this Resolution to the Legislature of the State of New York requesting the introduction and passage of the legislation, and
BE IT FURTHER RESOLVED, that this resolution shall take effect immediately.