City, state see no problem with lack of approvals for cannabis dispensary in Mount Vernon

Elevate, Westchester's first legal adult-use cannabis shop, since late May has operated without a certificate of occupancy from the Mount Vernon Department of Buildings.

Such approval, which allows a business in a newly renovated building to open its doors to the public, has proved elusive for the dispensary. But that hasn’t stopped Elevate from selling its sweet-smelling varieties of intoxicating weed and potent THC-laced gummies at its converted auto body shop in southwest Mount Vernon.

Eight months since it opened, Elevate had a temporary certificate of occupancy for part of the dispensary operation for just 3 months, which elapsed on May 29, city records show.

“They’ve got pull somewhere,” said Mount Vernon resident Karen Scacchi, who notified the city in December that the dispensary was operating without approvals. “It’s an issue of policy and procedure. You have people in Mount Vernon required to do everything the right way, and you have people who get to skip the line. It’s just not right.”

City spokesman Tim Allen said the city's Buildings Department, which has yet to cite Elevate for any violation of the city's building code, is giving the company more time to comply.

“The Buildings Department gives businesses the extra time to handle any pending items that will assist them with becoming compliant,” said Allen.

News of the dispensary’s continued operation without approvals comes as the New York Department of State has threatened to take over building code operations from the city by mid-August unless Mount Vernon improves its enforcement of the state building code.

Westchester County District Attorney Mimi Rocah, meanwhile, continues her probe into the approval process for Elevate. Tax Watch learned this month that her investigation has extended to the state Office of Cannabis Management, which received subpoenas seeking documents on Elevate’s application, said OCM Deputy Counsel Michael Waller.

An OCM spokesman told Tax Watch in March that a certificate of occupancy or the equivalent was required to obtain a license to sell cannabis, which he said Elevate had provided. Issued by the city's Buildings Department, such a document certifies that the renovated building complies with city zoning ordinances and the state Uniform Fire Prevention and Building Code.

OCM has yet to provide a copy of any such certification in response to a Freedom of Information request regarding Elevate's application. Waller said Friday the state was still searching for the document, four months after Tax Watch made the request.

More: Westchester DA probes Mount Vernon's Planning Board over opening of Elevate cannabis shop

Under the state’s Cannabis Law, OCM inspections can include ensuring compliance with state and local building codes. The Cannabis Control Board can also require compliance with local building codes when a license holder seeks renewal, according to state regulations.

On Thursday, OCM issued a statement saying that the agency had no concerns that Elevate operates in a building without a certificate of occupancy, which attests to the site's compliance with state fire and building codes.

“Elevate Cannabis Dispensary has satisfied all state licensing and compliance requirements to be a legal, operational dispensary,” it stated.

Elevate opened in December

The tale of Elevate’s elusive certificate of occupancy dates back to the dispensary’s opening on Dec. 9, just days after OCM granted John Ruggiero’s company the state’s 30th license under its Conditional Adult Use Retail Dispensary License. As part of its social equity policy, dispensary owners convicted of marijuana-related crimes before 2021 were given first dibs on the highly sought-after licenses.

Elevate didn’t have a certificate of occupancy for its first three months of operation, from December through February, including on Feb. 20 when Mount Vernon Mayor Shawyn Patterson-Howard and the head of New York Office of Cannabis Management gathered at a ribbon-cutting ceremony.

Eight days later, the Buildings Department issued a temporary certificate of occupancy for 90 days , but only for the first floor of the dispensary's two-floor main building. There was no mention of the site's accessory building ot its second floor, where the dispensary had its corporate offices. That approval was based on a building permit that has yet to be issued. It expired in late May, and has not been renewed, according to city spokesman Allen.

Before the dispensary can obtain a certificate of occupancy, it needs approval of its site plan from the city’s Planning Board. Then the company would qualify for a building permit, which would allow its construction plans to be reviewed by the Buildings Department.

Winning site plan approval won’t be forthcoming for at least another five weeks, and perhaps longer, with the Planning Board’s next monthly meeting on Sept. 4.

More: Open for months, Elevate, Westchester's 1st legal cannabis shop lacks crucial city approvals

Former Mount Vernon Planning Commissioner Vince Ferrandino has urged the city to close down the dispensary until it obtains all approvals from the city.

“The city continues to turn a blind eye on the legality of that use at that location,” he said. “The city is a party to the failure by allowing it to be open. For what reason, I do not know.”

Storage area used for auto body shop

How quickly the Mount Vernon Planning Board will act remains uncertain.

First, they need to unravel the misinformation provided by Elevate at its July 10 meeting. Ruggiero, Elevate's president and sole owner, that night told the Planning Board that the dispensary had a temporary certificate of occupancy.

It did not, according to documents obtained under the Freedom of Information Law.

In addition, Ruggiero’s latest plan for parking at the cramped site on a narrow, busy street was based on designation of a second building that would “strictly be used as accessory storage,” according to Elevate’s letter to the Planning Board.

Five days after the meeting, Tax Watch found that that the so-called storage space was in use as an auto body shop, with one vehicle in the shop, and second one having body work done parked in one of the dispensary’s spaces.

I emailed Ruggiero about the discovery.

“Where do you see an auto body shop? Where does it say auto body?” he asked.

I sent him a photo from the morning visit.

Ruggiero did not reply.

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David McKay Wilson writes about tax issues and government accountability. Follow him on Twitter @davidmckay415 or email him at dwilson3@lohud.com.

This article originally appeared on Rockland/Westchester Journal News: City, state see no problem with lack of approvals for cannabis dispensary in Mount Vernon