[HISTORY: Adopted by the Township Committee of the Township
of Rochelle Park 10-27-2021 by Ord. No. 1187-21. Amendments noted
where applicable.]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16), all cannabis facilities are hereby prohibited from locating
in Rochelle Park except as provided herein and subject to the number,
time, manner and land use restrictions set forth herein, as may be
amended from time to time.
If federal laws or state regulators change any current regulations,
the Township Committee reserves the right to amend this chapter as
appropriate for reasons of public safety and to realize revenue, its
intended purpose.
Nothing in this Act proposes or intends to require any individual
or entity to engage in any conduct that violates federal law, or exempts
any individual or entity from any requirement of federal law, or poses
any obstacle to federal enforcement of federal law.
As used in this chapter, unless the context otherwise requires:
CANNABIS
All parts of the plant of the genus Cannabis, whether growing
or not, the seeds thereof, the resin extracted from any part of the
plant, and every compound manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or its resin, including cannabis
concentrate. "Cannabis" does not include fiber produced from the stalks,
oil or cake made from the seeds of the plant, or the sterilized seed
of the plant which is incapable of germination.
CANNABIS ACCESSORIES
Any equipment, product, or materials of any kind which are
used, intended for use, or designed for use in planting, propagating,
testing, analyzing, packaging, repackaging, storing, vaporizing, or
containing cannabis, or for ingesting, inhaling, or otherwise introducing
cannabis into the human body.
CANNABIS DELIVERY FACILITY
Any licensed person or entity that provides courier services
for consumer purchases of cannabis, cannabis products, and related
supplies, fulfilled by a cannabis retail facility in order to make
deliveries of the cannabis items and related supplies to that consumer,
which services include the ability of a consumer to purchase the cannabis
item directly through the cannabis delivery service, which, after
presenting the purchase order to the cannabis retail facility for
fulfillment, is delivered to that consumer.
CANNABIS FACILITY
Any business engaged in the business of cannabis, including,
but not limited to, cultivating, manufacturing, wholesaling, distributing,
retailing, or delivering cannabis or cannabis products.
CANNABIS ITEM
Any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin.
CANNABIS PRODUCT
Concentrated cannabis products and cannabis products that
are composed of cannabis and other ingredients and are intended for
use or consumption, such as, but not limited to, edible products,
ointments, and tinctures.
CANNABIS RETAIL FACILITY
An entity registered to purchase cannabis from cannabis cultivators,
to purchase cannabis and cannabis products from cannabis manufacturers,
to purchase cannabis and cannabis products from cannabis wholesalers,
and to sell cannabis and cannabis products to consumers who are 21
years of age or older.
COMMITTEE
The Rochelle Park Township Committee.
CONSUMPTION
The act of ingesting, inhaling, or otherwise introducing
cannabis into the human body.
LOCAL GOVERNMENT
The Township of Rochelle Park, including its related boards
or entities and Municipal Court.
All uses not expressly permitted in this chapter are prohibited.
A. Cannabis cultivation, manufacturing, production, wholesaling, distribution,
testing, retail and delivery facilities are prohibited in all zone
districts, except that cannabis retail and delivery facilities may
be allowed in the BA-1 Business Overlay Zone.
B. The sale of cannabis, hemp, and related products shall be prohibited,
except when sold by a business possessing the necessary licenses issued
by the Township of Rochelle Park and the State of New Jersey, and
any such products will be labeled and subject to additional regulation
to ensure that consumers are informed and protected.
Notwithstanding any other provision of law, an alternative treatment
center dispensary facility previously authorized to locate and operate
in the municipality shall be deemed a permitted use and may undertake
the activities of a cannabis retail facility upon demonstrating compliance
with the requirements of the Act and under this chapter governing
such operations and a resolution adopted by a majority of the governing
body.
Any applicant for a cannabis retail or cannabis delivery facility
shall coordinate with the Chief of Police, or his or her designee,
regarding the measures to be taken to ensure the security of the facility
and the safety of the public and facility employees. Such measures
may include, but are not limited to, facility access controls, surveillance
systems, and site lighting consistent with the requirements of state
law.
Subject to the requirements and limitations of state law, the
municipality shall have the reasonable right to inspect the premises
of any approved cannabis retail or cannabis delivery facility during
its regular hours of operation to ensure compliance with local ordinances
and regulations.
Operation of any prohibited or unpermitted cannabis facility
within the municipality in violation of the provisions of this chapter
is hereby declared a public nuisance and shall be abated pursuant
to all available remedies.
Violations of the provisions and requirements set forth or referenced
herein may be enforced in any manner the municipality deems appropriate.
In addition to any other remedies, the Township may institute proceedings
for injunction, mandamus, abatement or other appropriate remedies
to prevent, enjoin, abate or remove any violations of this chapter.
The rights and remedies provided herein are civil in nature. The imposition
of a fine shall not exempt the violator from compliance with the provisions
of this chapter.
Whenever the Cannabis Regulatory Commission established by the
Act (the "Commission") forwards to the municipality any application
for initial licensing or renewal of an existing license for any cannabis
establishment, distributor, or delivery service pursuant to Section
19 of the Act or for a cannabis consumption area pursuant to Section
28 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-21), or otherwise solicits
the position of the municipality on any matter related to cannabis-related
activities within the municipality, or upon the request of an applicant
for or holder of such license, the governing body shall determine
whether the application complies with the municipality's restrictions
on the number of cannabis establishments, distributors, or delivery
services, and on their location, manner, or times of operation, and
promptly inform the Commission, or the applicant for or holder of
a license, whether the application complies with same and whether
it either approves or denies each application or other request for
municipal authorization forwarded to it. Notwithstanding the forgoing,
nothing herein shall prohibit any elected or appointed official or
employee from expressing their opinions or views on cannabis-related
matters in their personal or individual official capacity, or endorsing
an applicant for or holder of a license issued by the Commission,
provided that such official shall not represent that their opinions
or views are those of the municipality unless based on a duly adopted
ordinance or resolution of the municipality or other action of a majority
of the governing body.
A. There is hereby imposed a transfer tax of 2% on receipts from the
retail sales of cannabis items by a cannabis retailer. There is hereby
imposed a user tax of 2% on the value of each transfer or use of cannabis
or cannabis items not otherwise subject to the transfer tax from the
license holder's establishment that is located in Rochelle Park to
any of the other license holder's establishments, whether located
in Rochelle Park or another municipality, except that the user tax
shall not be applicable to inventory transfers from one cannabis retail
facility to another cannabis retail facility if those cannabis retail
facilities are owned and operated by the same licensed entity.
B. There is hereby imposed a transfer fee of 2% on receipts from the
sale of medical cannabis items. There is hereby imposed a user fee
of 2% on the value of each transfer or use of medical cannabis items
not otherwise subject to the transfer fee from the license holder's
establishment that is located in Rochelle Park to any of the other
license holder's establishments, whether located in Rochelle Park
or another municipality, except that the user fee shall not be applicable
to inventory transfers from one medical marijuana dispensary to another
medical marijuana dispensary if those medical marijuana dispensaries
are owned and operated by the same permitted entity.
C. Such taxes and fees shall be collected or paid and remitted to the
municipality by the cannabis facility from the cannabis facility purchasing
or receiving the cannabis or cannabis item, or from the consumer at
the point of sale, on behalf of the municipality by the cannabis retailer
selling the cannabis item to that consumer. The transfer or user tax
and fees shall be stated, charged, and shown separately on any sales
slip, invoice, receipt, or other statement or memorandum of the price
paid or payable, or equivalent value of the transfer for the cannabis
or cannabis item. No cannabis facility required to collect a transfer
tax or fee imposed hereunder shall advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the transfer tax or fee or user tax or fee will not be separately
charged and stated to another cannabis facility or the consumer or
that the transfer tax or fee will be refunded to the cannabis facility
or the consumer.
Every cannabis facility required to collect a transfer tax imposed
by ordinance pursuant to this chapter shall be personally liable for
the transfer tax or user tax imposed, collected, or required to be
collected under this chapter. Any cannabis facility shall have the
same right with respect to collecting the transfer tax from another
cannabis facility or the consumer as if the transfer tax was a part
of the sale and payable at the same time, or with respect to nonpayment
of the transfer tax or user tax by the cannabis facility or consumer,
as if the transfer tax was a part of the purchase price of the cannabis
or cannabis item, or equivalent value of the transfer of the cannabis
or cannabis item, and payable at the same time.
All revenues collected from a transfer tax imposed by ordinance
pursuant to this chapter shall be remitted to the Chief Financial
Officer or his designee in the manner prescribed herein. The Chief
Financial Officer or his designee shall collect and administer any
transfer tax imposed by ordinance pursuant to this chapter. The municipality
may enforce the payment of delinquent taxes or transfer fees imposed
by ordinance pursuant to this chapter in the same manner as provided
for municipal real property taxes. In the event that the transfer
tax imposed by ordinance pursuant to this chapter is not paid as and
when due by a cannabis facility, the unpaid balance, and any interest
accruing thereon, shall be a lien on the parcel of real property comprising
the cannabis facility's premises in the same manner as all other unpaid
municipal taxes, fees, or other charges. The lien shall be superior
and paramount to the interest in the parcel of any owner, lessee,
tenant, mortgagee, or other person, except the lien of municipal taxes,
and shall be on a parity with and deemed equal to the municipal lien
on the parcel for unpaid property taxes due and owing in the same
year. The lien shall be enforced as a municipal lien in the same manner
as all other municipal liens are enforced.
The Chief Financial Officer is charged with the administration
and enforcement of the provisions of this chapter and is empowered
to prescribe, adopt, promulgate and enforce rules and regulations
relating to any matter pertaining to the administration and enforcement
of this chapter, including provisions for the reexamination and corrections
of declarations and returns, and of payments alleged or found to be
incorrect, or as to which an overpayment is claimed or found to have
occurred, and to prescribe forms necessary for the administration
of this chapter. Should a cannabis facility fail or refuse to provide
adequate information to the Chief Financial Officer or his designee
to determine the amount of tax due, the Chief Financial Officer or
his designee may use information provided to the Chief Financial Officer
or his designee from other sources (i.e., the Commission or Department
of Treasury) to determine the amount of tax liability.
A. Each cannabis retail facility shall send a statement by mail or electronically
to the Township on or before the last day of each annual quarter or
such other term as required by the state. The statement must contain
an account of the amount of cannabis or cannabis products sold or
transferred to consumers and/or cannabis delivery facilities during
the preceding quarter, setting out:
(1) The total number of ounces, including fractional ounces, sold or
transferred;
(2) The quantity of cannabis products sold or transferred;
(3) If to a cannabis delivery service, the cannabis delivery facility's
licensing information;
(4) Such other information as may be necessary for the Township to determine
and verify the tax or fee due to the Township.
B. The cannabis facility shall pay quarterly, or at such term set by
the Township, all taxes or fees, computed at the rates prescribed
in this chapter, on the respective total quantities of the cannabis
sold or transferred during the preceding quarter or applicable period.
The quarterly return shall be filed and the tax paid on or before
the 15th day of the month to cover the preceding quarter. Failure
to file the quarterly tax return and pay the applicable taxes on or
before the 15th day of the month shall constitute a violation of this
chapter. The Chief Financial Officer or his designee is hereby authorized
to examine the books, papers and records of any taxpayer to verify
the accuracy of any declaration or return or, if no declaration or
return was filed, to ascertain the tax due. Every taxpayer is hereby
directed and required to give to the Chief Financial Officer, or to
any agent designated by him/her, the means, facilities and opportunity
for such examinations and investigations as are hereby authorized.
Such information will be made available within three days of being
requested.
Taxpayers liable for the transfer tax are required to keep such
records as will enable the filing of true and accurate returns or
the tax and such records shall be preserved for a period of not less
than three years from the filing date or due date, whichever is later,
in order to enable the Chief Financial Officer or his designee to
verify the correctness of the declarations or returns filed. If records
are not available in the municipality to support the returns which
were filed or which should have been filed, the taxpayer will be required
to make them available to the Chief Financial Officer or his designee
either by producing them at a location in the municipality or by paying
for the expenses incurred by the Chief Financial Officer or his designee
in traveling to the place where the records are regularly kept.
Delinquent payments under this chapter shall be subject to the
interest rate imposed upon unpaid taxes. If a cannabis facility fails
to pay the tax to the Township of Rochelle Park, the cannabis facility's
license may be revoked.
The returns filed by taxpayers, and the records and files of
the Chief Financial Officer or his designee respecting the administration
of the transfer tax, shall be considered confidential and privileged,
and neither the municipality nor any employee or agent engaged in
the administration thereof or charged with the custody of any such
records or files, nor any former officer or employee, nor any person
who may have secured information therefrom, shall divulge, disclose,
use for their own personal advantage, or examine for any reason other
than a reason necessitated by the performance of official duties any
information obtained from the said records or files or from any examination
or inspection of the premises or property of any person. Neither the
Chief Financial Officer nor any employee engaged in such administration
or charged with the custody of any such records or files shall be
required to produce any of them for the inspection of any person or
for use in any action or proceeding except when the records or files
or the facts shown thereby are directly involved in an action or proceeding
under the provisions of the State Uniform Tax Procedure Law or of the tax law affected or where the determination
of the action or proceeding will affect the validity or amount of
the claim of the municipality under the tax provisions of this chapter.
The Chief Financial Officer may initiate an audit by means of
an audit notice. If, as a result of an examination conducted by the
Chief Financial Officer or his designee, a return has not been filed
by a taxpayer or a return is found to be incorrect and transfer taxes
are owed, the Chief Financial Officer is authorized to assess and
collect any tax due. If no return has been filed and tax is found
to be due, the tax actually due may be assessed and collected with
or without the formality of obtaining a return from the taxpayer.
Deficiency assessments (i.e., where a taxpayer has filed a return
but is found to owe additional tax) shall include taxes for up to
three years to the date when the deficiency is assessed. Where no
return was filed, there shall be no limit to the period of assessment.
Each application or renewal application for a registration to
operate a cannabis facility shall be submitted to the Municipal Clerk
of the Township of Rochelle Park or such other Township entity as
may be determined by the Township Committee. Applicants shall submit
five copies of an initial application to be forwarded to the Township
Committee, Police Department, Fire Prevention, Building Department.
A. The Township reserves the right to reject any and all applications
to operate a cannabis facility. The Township reserves the right to
modify, postpone, or cancel any request or the entire program without
liability, obligation, or commitment to any party, firm, or organization.
B. Persons applying to operate a cannabis facility assume the risk that
all or part or any particular category of license authorized under
this chapter may be cancelled at any time prior to issuance.
C. A renewal application may be submitted up to 90 days prior to the
expiration of the cannabis facility's license.
D. Within 90 days after receiving an application or renewal application,
or such other additional time as may be reasonably required, the Township
shall issue an annual license to the applicant unless the Township
finds that the applicant is not in compliance with statutes, regulations,
or ordinances of the state or the Township.
E. The Township may issue no more than two cannabis retail facility
licenses.
F. The Township may issue no more than two cannabis delivery facility
licenses.
G. Upon denial of an application, the Township Committee shall notify
the applicant within 90 days, in writing, of the specific reason for
its denial.
H. Every applicant shall specify the location where the cannabis facility
will operate. A separate registration shall be required for each location
at which a cannabis facility operates.
I. Cannabis facilities and the books and records maintained and created
by cannabis facilities are subject to inspection by the Rochelle Park
Township Committee, its officials, and its related entities.
J. An application shall be deemed incomplete and shall not be processed
by the Township 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 facility,
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 location proposed for licensing by the applicant shall comply
with all applicable municipal zoning laws and the location restrictions
set forth in this chapter.
(3) The applicant shall submit, to the satisfaction of the Township and
the Chief Financial Officer or his designee, proof of financial capability
to open and operate the cannabis facility for which the applicant
is seeking a license. Standards for proof of financial capability
shall be determined by the Township.
(4) The applicant shall submit all required nonrefundable fees for the
application in accordance with the following schedule:
(a)
Cannabis retail facility: $5,000.
(b)
Cannabis delivery facility: $2,500.
(5) An alternative treatment center wishing to conduct adult-use cannabis
sales at its medical cannabis dispensary shall submit a conversion
fee of $5,000.
(6) The applicant shall submit all licensing and annual registration
fees required in accordance with the following fee schedule, 50% of
which shall be refunded in the event the applicant is denied a license
by the state:
(a)
Cannabis retail facility: $10,000.
(b)
Cannabis delivery facility: $5,000.
(7) The 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.
(8) The applicant shall submit a summary of the applicant's ties to the
host community.
(9) The applicant shall submit a workforce development plan.
(10)
The applicant shall indicate whether the applicant entity or
its parent company holds any certifications as a New Jersey minority-owned,
women-owned, or veteran-owned businesses.
(11)
The applicant shall indicate whether the applicant entity is
applying for state licensure with the Cannabis Regulatory Commission
as a microbusiness applicant.
(12)
The applicant shall provide a graphic rendering of its proposed
signage.
(13)
The applicant shall submit any other additional information
requested by the Township in its evaluation of their application.
K. The Township may deny any application that is lacking any required
element or exhibit or that is not organized in the required format.
L. The Township may deny any application due to an applicant's nonresponsiveness
to the Township's request for additional information.
M. The applicant and the application shall otherwise comply with any
and all qualification standards set forth in the state and municipal
laws or regulations.
Any local license issued pursuant to this chapter is nontransferable
and shall automatically expire upon transfer.
A. Any local license issued pursuant to this chapter 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 chapter.
B. The Township may, at its discretion, adjust the renewal date of the
local license to correlate with an applicant's state licensing and
renewal schedule. If such adjustment occurs, applicable fees shall
be prorated.
C. 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.
D. Change of location of any license or modification to expand a licensed
premises shall be subject to the Township's review and approval.
E. Except where the Township 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 license after the expiration date recorded
on the face of the license.
A cannabis retail or cannabis delivery facility issued a permit
or license by the State of New Jersey and operating in the Township
under this chapter shall at all times comply with the following operational
requirements:
A. A cannabis facility shall comply with all regulatory rules promulgated
by the Cannabis Regulatory Commission, laws of the State of New Jersey,
laws of Bergen County, and laws or ordinances of the Township of Rochelle
Park.
B. A cannabis facility shall comply with the Zoning Code, the Building
Code, and the Property Maintenance Code at all times.
C. A cannabis facility shall not be located within 1,000 feet of a school,
child-care center, or playground.
D. A cannabis retail facility shall not be located within 1,000 feet
of another cannabis retail facility.
E. Prior to the operation of any cannabis facility, a permit or license
must be obtained from the State of New Jersey and from the Township
of Rochelle Park for the applicable type(s) of cannabis facility.
No cannabis facility shall be permitted to operate without state and
municipal permits or licenses.
F. The consumption of any cannabis items shall be prohibited on the
cannabis facility's premises.
G. State and municipal permits or licenses shall be prominently displayed
inside the permitted premises in a location where it can be easily
viewed by law enforcement and administrative authorities.
H. No person under the age of 18 shall be permitted to enter into the
premises.
I. Cannabis facilities shall have equipment to mitigate odor. The building
shall be equipped with a ventilation system with carbon filters sufficient
in type and capacity to mitigate cannabis odors emanating from the
interior of the premises.
J. Outside generators and other mechanical equipment used for any kind
of power supply, cooling, or ventilation shall be enclosed and have
appropriate baffles, mufflers, and/or other noise reduction systems
to mitigate noise pollution.
K. No cannabis retailer may open to customers for business before 8:00
a.m. or remain open to customers for business after 10:00 p.m.
[Amended 6-14-2023 by Ord. No. 2023-009]
L. All cannabis facilities shall be secured in accordance with State
of New Jersey statutes and regulations; shall have a round-the-clock
video surveillance system, 365 days a year; shall have trained security
personnel on site at all times during operating hours; and shall also
include:
(1) Security surveillance cameras installed to monitor all entrances
along with the interior and exterior of the permitted premises;
(2) Burglary alarm systems which are professionally monitored and operated
24 hours a day, seven days a week;
(3) All security recordings and documentation shall be preserved for
at least 30 days and made available to law enforcement upon request
for inspection.
M. All cannabis in whatever form stored at the permitted premises shall
be kept in a secure manner and shall not be visible from outside the
permitted premises.
N. The amount of cannabis on the permitted property and under the control
of the permit holder, owner or operator of the facility shall not
exceed the amount permitted by the state license.
O. Cannabis offered for sale and distribution must be packaged and labeled
in accordance with state law.
P. No pictures, photographs, or drawings of cannabis or cannabis paraphernalia
shall appear on the outside of any licensed premises nor be visible
outside of the licensed premises on the licensed property.
Q. The word "marijuana," and any other words used or intended to convey
the presence or availability of marijuana, shall not appear on the
outside of the licensed premises nor be visible outside of the licensed
premises on the licensed property.
R. Any signage must first be approved by the Building Department.
S. No person operating or employed by a cannabis facility shall provide
or otherwise make available cannabis to any person who is not legally
authorized to possess the same under state law.
T. The owner and operator of a cannabis facility shall use lawful methods
in controlling and disposing of waste or by-products from any activities
allowed under the state license or permit.
U. Cannabis may be transported within the Town under this chapter by
a company licensed to do so by the state, and to effectuate its purpose,
only:
(1) In a manner consistent with all applicable state laws and rules,
as amended;
(2) In a secure manner designed to prevent the loss of the cannabis;
(3) Using vehicles that do not have exterior markings, including the
words "marijuana," "cannabis," or any similar or slang words; pictures
or other renderings of the cannabis plant; advertisements for cannabis
or for its sale, transfer, cultivation, delivery, transportation or
manufacture; or any other word, phrase or symbol indicating or tending
to indicate that the vehicle is transporting cannabis.
V. No vehicle, trailer, or otherwise moveable structures may be used
for the ongoing or continuous storage of cannabis but may only be
used incidental to, and in furtherance of, the transportation of cannabis
and cannabis products.
W. A cannabis facility shall enter into an indemnification agreement
with the Township of Rochelle Park.
The consumption of cannabis in any form is prohibited in all
public spaces within the Township of Rochelle Park.
A. Nothing in this chapter shall prohibit a person, employer, school,
hospital, recreation or youth center, correction facility, corporation
or any other entity who occupies, owns or controls private property
from prohibiting the possession, consumption, use, display, transfer,
distribution, sale, transportation, or growing of cannabis, marijuana,
or hemp on or in that property.
B. Nothing in this chapter is intended to permit the transfer of cannabis,
marijuana, or hemp, with or without remuneration, to a person under
the age of 21.
C. Nothing in this chapter is intended to allow driving under the influence
of cannabis or marijuana or to supersede laws related to driving under
the influence of cannabis or marijuana.
D. Nothing in this chapter is intended to require an employer to permit
or accommodate the use, consumption, possession, transfer, display,
transportation, sale or growing of cannabis, marijuana, or hemp in
the workplace or to affect the ability of employers to have policies
restricting the use of cannabis or marijuana by employees.
A. Procedures for investigation of license violations and for suspension,
revocation, or other licensing sanctions as a result of any such violation
shall be as follows:
(1) First offense: up to $500 per violation per day;
(2) Second offense: up to $1,000 per violation per day;
(3) Third offense: summary suspension.
B. A first offense that is not cured within three days shall become
a second offense. A second offense that is not cured within three
days shall become a third offense.
C. Summary suspension. Notwithstanding the foregoing section, when the
Township 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 emergency action, the Township may enter
a summary suspension order for the immediate suspension of such license
pending further investigation.
D. Inactive licenses. Following the commencement of retail sales of
cannabis or cannabis products, the administrator 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 administrator may suspend or revoke any license
if the corresponding state license or permit for the subject location
is expired, surrendered, suspended, or revoked.
Unless specifically defined otherwise herein, any term used
herein shall incorporate the definition of that term in the Act. Any article, section, paragraph, subsection, clause, or
other provision of the Township of Rochelle Park Ordinances inconsistent
with the provisions of this chapter is hereby repealed to the extent
of such inconsistency.
No ordinance, regulation or interpretation thereof shall conflict
with the Act. If any section, paragraph, subsection, clause, or provision
of this chapter shall be adjudged by a court of competent jurisdiction
to conflict with the Act or otherwise be invalid, such adjudication
shall apply only to the section, paragraph, subsection, clause, or
provision so adjudged, and the remainder of this chapter shall be
deemed valid and effective.
This chapter shall take effect upon its passage and publication
and filing as otherwise provided for by law.