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State Licenses and Permits

QUBE USA LLC at 1412 Broadway (between 39th and 40 th 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 34 in favor; 0 opposed; 1 abstaining:

WHEREAS, QUBE USA 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 1412 Broadway (between 39th and 40th Streets), New York, NY (the “Premises”); and

WHEREAS, The CAURD license is for 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 located 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 6,500 square feet on two floors, with total capacity 65 below grade and 30 on the ground floor; and

WHEREAS, Applicant seeks daily hours of operation for retail sales and delivery services from 8:00 A.M. until 2:00 A.M. daily, 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 plaza to be no less than 500 feet, the Premises is only 38 feet from the Garment District Public Plaza, a public pedestrian plaza with seating tables and chairs, art installations and outdoor activities and entertainment, located on Broadway between 40th and 39th Streets, with foot traffic estimated at 51,000 people per day on weekdays and 21,000 people per day on weekends; and

WHEREAS, Representatives of the Garment District Alliance and the Midtown South Community Council testified that rampant narcotic use around this location, as well as the large number of drug treatment facilities in this area, make this location inappropriate for retail cannabis sales; 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 pedestrian plaza, and because of the existing conditions regarding rampant narcotic use at this location, 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 QUBE USA LLC for a Conditional Adult-Use Retail Dispensary Cannabis license at 1412 Broadway (between 39th and 40th Streets), New York, NY.

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