BUFFALO, N.Y. — Premier Earth dispensary in North Buffalo said it's ready to go with a secure location on Hertel Avenue, three full-time staff already on the payroll and it even has its physical license from New York state.

"We would have been open," Premier Earth Sales Director Mark Schlueter said.

The only thing it's missing is approval for a special use license required for certain activities like sidewalk dining and smoke and vape shops in some business districts typically near residential areas. Only problem, Schlueter said, is when they asked to start that process in May, the city said it wasn't required.

"There's no permit at this time to apply for. It does not exist," he said they were told.

In July, the Buffalo Common Council added dispensaries to the types of businesses that need the license. It is on break this month, has scheduled a public hearing in September and can vote on Oct. 3.

Factoring in the 10-day period in which the mayor could sign or veto approval, Premier Earth believes it will have to wait minimum two and a half more months now.

"I would like the city to honor what they said they were going to do when we started this process. Had we applied for a special use permit back then which did not exist, we'd have one already and be in business," Schluieter said.

The bill's sponsor, Councilmember Bryan Bollman, said the new permit rules were in response to concerns about businesses selling unlicensed products on the gray market and the new process allows more oversight.

"I think that we're caught up in a situation where they were trying to change something to curb the illegal stores and now we're getting caught up in that," Schllueter said.

The dispensary was among the first from Western New York to get approved by the Office of Cannabis Management and its opening has already been delayed by litigation. Management said, without even factoring lost profits, this latest issue will cost roughly another $50,000.

"(There is) rent, payroll, bills, utilities, insurance," said Schllueter.

The business is trying to see what can be done. They've reached out to Assembly Majority Leader Crystal Peoples-Stokes office, OCM and retained an attorney.

"We weren't really trying to get into a huge legal political mess. We were trying to play nice and use the advisors that are in the city that we originally went to so we are looking at multiple avenues," Schlueter said.

The district council member, Joel Feroleto, said he wasn't comfortable speaking on camera about the issue because there is still going to be a public hearing and a vote.