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Judge rules Queens store closed over illegal weed sales can reopen
A convenience store in Queens that was shut down for allegedly selling unlicensed cannabis products may be allowed to reopen after a judge ruled that the city made a legal error in closing it down. FOX 5 NY's Michelle Ross has the story.
QUEENS - New York City’s efforts to crack down on illegal cannabis shops may have hit a significant hurdle after a state judge ruled in favor of a Queens store, ordering it to reopen due to a legal error by the city.
The Bell Convenience Shop in Bayside, Queens, was shut down by the New York City Sheriff’s Office earlier this year after allegedly selling unlicensed cannabis products. However, the shop may soon be back in business.
According to Lance Lazzaro, the attorney representing the shop, the closure was based on a procedural mistake. The sheriff’s office had conducted an inspection in June, seizing what they claimed were illegal cannabis products. Following the raid, the store was served with a summons and a sealing order, effectively shutting it down. However, the summons was served to an employee rather than the store's manager, officer, or owner, which Lazzaro argues was improper.
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"Instead of doing it the right way and serving the manager, or the officer or the owner of the corporation, they've created some fictitious term called ‘authorized person,’" Lazzaro said.
The summons was dismissed on procedural grounds, so the judge in his decision said that should have been the end of the case.
However, the hearing officer recommended the store be closed, because she believed there was illegal activity happening.
"So what this judge said is if this is defective service, then you have to dismiss not only the summons, but you can never get to imminent threat, you have to dismiss everything," Lazzaro said.
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The ruling could have far-reaching implications for New York City’s broader campaign to close down unlicensed cannabis shops.
Since May, the city has shuttered around 900 stores operating without proper licenses. However, this decision could potentially open the door for many of those shops to challenge their closures on similar grounds.
The city has appealed the judge's ruling.