[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Gibbsboro as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-11-2021 by Ord. No. 2021-08]
As used in this article, the following terms shall have the
meanings indicated:
The same as that term is defined in Section 3 of P.L. 2021,
c. 16 (N.J.S.A. 24:6I-33).
The same as that term is defined in Section 3 of P.L. 2021,
c. 16 (N.J.S.A. 24:6I-33).
The same as that term is defined in Section 3 of P.L. 2021,
c. 16 (N.J.S.A. 24:6I-33).
The same as that term is defined in Section 3 of P.L. 2021,
c. 16 (N.J.S.A. 24:6I-33).
The same as that term is defined in Section 3 of P.L. 2021,
c. 16 (N.J.S.A. 24:6I-33).
The same as that term is defined in Section 3 of P.L. 2021,
c. 16 (N.J.S.A. 24:6I-33).
The same as that term is defined in Section 3 of P.L. 2021,
c. 16 (N.J.S.A. 24:6I-33).
The same as that term is defined in Section 3 of P.L. 2021,
c. 16 (N.J.S.A. 24:6I-33).
The same as that term is defined in Section 3 of P.L. 2021,
c. 16 (N.J.S.A. 24:6I-33).
A.
Local licensing authority.
(1)
The Borough Clerk is hereby designated to act as the local licensing
authority for the Borough for all cannabis establishments. Under all
circumstances in which state law requires communication to the Borough
by the Cannabis Regulatory Commission or any other state agency with
regard to the licensing of cannabis establishments by the state, or
in which state law requires any review or approval by the Borough
of any action taken by the state licensing authority, the exclusive
authority for receiving such communications and granting such approvals
shall be exercised by the Borough Clerk.
(2)
Under no circumstances shall a local license for a cannabis establishment
issued by the Borough Clerk be effective until or unless the state
has issued the requisite permits or licenses to operate such a facility.
It is the intent of this article that no cannabis establishment may
lawfully operate in the Borough of Gibbsboro without the issuance
of a state permit or license and full regulatory oversight of the
cannabis establishment by the Cannabis Regulatory Commission or other
state licensing authority as well as oversight and issuance of a license
by the Borough.
B.
Classification of licenses. The Borough, subject to land use approval
and state licensure, may issue the following municipal licenses to
operate a cannabis establishment:
C.
Maximum number of licenses and fees.
(1)
The Borough may issue up to the following licenses:
[Amended 4-11-2023 by Ord. No. 2023-07]
|
Table I - Borough of Gibbsboro Cannabis License Schedule
| ||||
|---|---|---|---|---|
|
License
|
Class
|
Maximum Number of Licenses to Be Issued
|
Nonrefundable Application Fee
|
Annual License Renewal
|
|
Cannabis cultivator
|
1
|
1
|
$500
|
$500
|
|
Cannabis manufacturer
|
2
|
3
|
$500
|
$500
|
|
Cannabis wholesaler
|
3
|
1
|
$500
|
$500
|
|
Cannabis distributor
|
4
|
1
|
$500
|
$500
|
|
Cannabis retailer*
|
5
|
2
|
$500
|
$500
|
|
Cannabis delivery
|
6
|
1
|
$500
|
$500
|
|
NOTE:
| |
|
*
|
An integrated cannabis cultivator and cannabis manufacturer
is a licensed cannabis enterprise holding both licenses at the same
site within the M1 Industrial Zone. Such an enterprise may also hold
a cannabis retailer license (Class 5), provided that there are no
on-site direct sales to the public and retail sales are made via a
licensed cannabis delivery service (Class 6) which is co-located.
|
(2)
Any license conditionally issued by the Borough is contingent upon
the locally licensed entity's or individual's subsequent receipt of
a state permit or license of the same class or type of regulated cannabis
activity. Integrated cannabis cultivator and cannabis manufacturer
may also hold a cannabis retailer license (Class 5), provided that
there are no on-site direct sales to the public and retail sales are
made via a licensed cannabis delivery service (Class 6).
D.
Additional licensee regulations.
(1)
Hours of operation. The hours of operation for cannabis retailers
shall be limited to 12:00 noon to 10:00 p.m., Monday through Sunday.
(2)
Prohibited consumption. The consumption of cannabis items through
smoking, vaping, aerosolizing or other means (e.g., edibles) is prohibited
within or on the grounds of any licensed cannabis establishments,
distributors, or delivery service within the Borough of Gibbsboro.[1]
[1]
Editor's Note: Former Subsection D(3) through (12), which
immediately followed, were repealed 4-11-2023 by Ord. No. 2023-07.
E.
Application. Persons wishing to obtain any classification of cannabis
license shall file a license application with the Borough Clerk, on
a standardized form established by the Borough Clerk and available
in the Borough Clerk's office. The Borough Clerk shall establish a
reasonable application period and deadline for all applications. An
application shall be deemed incomplete, and shall not be processed
by the Borough Clerk, until all documents and application fees are
submitted. To be deemed complete, all applications shall be accompanied
by the following:
(1)
The applicant shall submit proof that the applicant has or will have
lawful possession of the premises proposed for the cannabis establishment,
which proof may consist of a deed, a lease, a real estate contract
contingent upon successful licensing, or a binding letter of intent
by the owner of the premises indicating an intent to lease the premises
to the entrant contingent upon successful licensing.
(2)
The applicant shall submit an affidavit and documentary proof of
compliance with all state and local laws regarding affirmative action,
anti-discrimination and fair employment practices. The applicant shall
also certify under oath that they will not and shall not discriminate
based on race, color, religion (creed), gender, gender expression,
age, national origin (ancestry), disability, marital status, sexual
orientation, or military status, in any of its activities or operations.
(3)
The applicant shall submit all required nonrefundable fees for the
application and conditional license in accordance with Table 1, Borough
of Gibbsboro Cannabis License and Fee Schedule.
(4)
The applicant and the application shall otherwise comply with any
and all qualification standards set forth in the state and Borough
laws or regulations.
(5)
Completed applications shall include a business plan to be evaluated
by the Gibbsboro Cannabis Licensing Committee, a three-member panel
consisting of the Mayor, Chief of Police and Borough Clerk, which
shall evaluate all applicants and issue to the Borough Council a recommended
notification of award, notification of conditional award, or notification
of rejection after consideration and evaluation of the following criteria:
(a)
Applicant's owners' or principals' qualifications and experience
operating in highly regulated industries, including cannabis, healthcare,
pharmaceutical manufacturing, or retail pharmacies, with preference
to experience operating such businesses within the state of New Jersey
and where the value of the owners' experience shall outweigh the experience
of nonowner principals (maximum 20 points).
(b)
Applicant's qualifications and experience related to public
safety and security, including any of the applicant's owners' or principals'
experience in securing controlled substances or valuable items. Applicant
shall submit a summary of the applicant's plans for storage of products
and currency, physical security, video surveillance, security personnel,
and visitor management, as well as training plans (maximum 20 points).
(c)
Applicant's commitment to the community (up to 35 points) as
measured by:
[1]
Applicant owns the proposed location or has obtained an agreement
to lease or purchase a site (10 points).
[2]
Proposed site is located within an area in need of redevelopment
(10 points).
[3]
Applicant has obtained Planning or Zoning Board site plan approval
of a site for the proposed business (10 points).
[4]
Applicant's ties to the community as measured by residency in
Gibbsboro by employees, managers or shareholders, historical operation
of a local business, historical ties to Gibbsboro or area civic organizations
and/or charities (maximum five points).
(6)
The Borough Council shall act on the recommendations made by the
Gibbsboro Cannabis Licensing Committee within 45 days of the Committee
issuing its recommendations.
(7)
Notwithstanding the foregoing competitive application process, a
notification of award and conditional municipal license shall entitle
the recipient applicant to pursue a state permit or license in the
appropriate classification for up to 12 months, which may be extended
at the Borough Council's discretion for an additional six months for
good cause. No license to operate shall issue until the applicant
has received a state permit and satisfied other prerequisites of municipal
licensure. If the recipient of a notice of award and conditional license
has not received a state permit or license within 12 months from issuance,
unless extended for good cause, the Borough Clerk shall issue a new
request for applications and evaluate all applicants for licensure
under the above criteria.
F.
Term of license and license renewals.
(1)
Any local license issued pursuant to this article shall be valid
for a period of one year from the date of issuance and shall be renewed
in accordance with the provisions of this article.
(2)
The Borough Clerk may, at his/her discretion, adjust the renewal
date of the local license to correlate with an applicant's state licensing
and renewal schedule.
(3)
Renewal of any license shall be governed by any code amendments,
additional restrictions or changes in regulations adopted since the
previous license was issued or renewed.
(4)
Transfer of ownership of any local license or change of location
of any license or modification to expand a licensed premises shall
be subject to Borough Joint Planning and Zoning Board review and approval
as well as a new license application.
(5)
Except where the Borough Clerk has received a complete renewal application
along with the requisite fees, and has issued a license renewal, it
shall be unlawful for any person to manufacture, sell, distribute,
transfer, transport, or otherwise remove cannabis or cannabis products
from the premises of any licensee after the expiration date recorded
on the face of the license.
A.
Jurisdiction. Violations of this article shall be adjudicated in
the Gibbsboro Municipal Court.
C.
Summary suspension. Notwithstanding the foregoing, when the Borough
Clerk has been notified of a third conviction by a licensee or has
reasonable grounds to believe that a licensee has engaged in deliberate
and willful violation of any applicable law or regulation, or that
the public health, safety, and/or general welfare has been jeopardized
and requires action, the Borough Clerk may enter a summary suspension
order and schedule a hearing as follows:
(1)
The summary suspension order shall be in writing, state the reasons
therefor, and schedule a hearing not less than 10 nor more than 30
days for the date of the notice.
(2)
The Borough Clerk shall convene the Gibbsboro Cannabis Licensing
Committee, a three-member panel consisting of the Mayor, Chief of
Police and Borough Clerk, to conduct the hearing.
(3)
The Gibbsboro Cannabis Licensing Committee is authorized to impose
any fines, conditions, restrictions, suspensions, or combination thereof
authorized by the State of New Jersey. In the absence of state-specified
penalties, the Borough may issue additional fines up to, but not to
exceed, $2,500 per offense and/or suspension of license for a period
not to exceed six months.
D.
Inactive licenses. Following the commencement of retail or wholesale
sales or transfers of cannabis or cannabis products, the Borough Clerk
may suspend or revoke any license if the licensed premises have been
inactive or unoccupied by the licensee for at least six months.
E.
State license. The Borough Clerk may suspend or revoke any license
if the corresponding state license or permit for the subject location
is expired, surrendered, suspended, or revoked.
[Adopted 8-11-2021 by Ord. No. 2021-10]
A.
New Jersey Smoke-Free Air Act. The consumption of cannabis items
through smoking, vaping, or aerosolizing is prohibited in all places
where tobacco smoking is prohibited under the New Jersey Smoke-Free
Air Act, and any indoor public place as that term is defined in N.J.S.A.
26:3D-57.
