google maps photo of 748 Yonkers Avenue, former Duo Lounge, with mini-mart to the left and funeral home to the right
Nucleus Dispensary has License to Open Pot Store at 748 Yonkers Avenue, but not without City review
By Dan Murphy
The NYS Office of Cannabis Management, OCM, has released a notice of application by Nucleus Dispensay Inc. to open a Cannabis Dispensary at 748 Yonkers Avenue. OCM recently sent a notice a notification of adult-use retail dispensary license application to the City.
While the final application and approval to open has not yet been granted, the applicant does have a OCM CAURD license, which permits the application to legally sell marijuana and marijuana based products, Lic #- 2022-000848. But the license does not include a location to open and sell. The address must be negotiated with the property owner, and board or council must review the application before and work can begin to open.
This would be the first Marijuana dispensary in Westchester County. Other applications are moving forward in Mount Vernon and Peekskill.
Another roadblock to opening is State Supreme Court Judge Kevin Bryant, who has frozen all projects before the NYS OCM from proceeding until a lawsuit filed by NY Veterans against the process by which OCM issues licenses is resolved. The Judges order is now 7 weeks old.
Assuming that the Judge re-opens the process of approving licenses and locations, the Yonkers City Council would have to review the application from Nucleus Dispenary. After getting input, the council couuld decide to approve the location, or they could reject it, or not vote on the matter at all.
It appears that other local governments that have reviewed licenses to open in their community, all have either approved or not taken a vote, allowing the business to open. There have been negotiations between the applicant and local government, and that could happen in Yonkers.
The 948 Yonkers Avenue location is the site of a closed bar, Duo Lounge. The bar closed after complaints of late night violence. The bar sits between a mini-mart, with some on site parking, and Flower Funeral Home, with a large amount of on-site parking
Support for a marijuana dispensary in Yonkers is close to 50-50, but many residents who do support it don’t want it next to their home or business.
So the council may have to determine the outcome, or whether to negotiate for another location. Most people had guessed that Central Park Avenue would be a better location.
We are also not sure what the vote would be on the council for a dispensary. It could be as close as 4-3 either way.
But if the council were to reject the application and location, it then goes back to the OCM for a final decision. The OCM could override the decision of the council, but that legal bridge has never been crossed yet. All applications have been negotiated and accepted by local governments, so far.
