Township of Lumberton, NJ Cannabis

Subject to the authority of the Cannabis Regulatory Commission to approve and issue cannabis licenses authorized by law, any applicant desiring to conduct business as a cannabis establishment or distributor within the Township shall be required to separately obtain the approval of the Township Committee for a local license pursuant to the Township's local authority under N.J.S.A. 24:6I-45(c)(2).

Upon the Township's receipt of an application for a local license from the Commission pursuant to N.J.S.A. 24:6I-45(c)(1), the municipality shall determine whether the application complies with its local restrictions on the number of cannabis establishments, distributors, or delivery services, or their location, manner, or times of operation within the jurisdiction.

The Township Committee shall notify the Commission if an applicant is locally approved or denied for license based on the applicant's compliance with Township ordinances and regulations in effect at the time of application.

License required. No person shall produce, sell, dispense, or distribute cannabis, usable cannabis or cannabis products within the Township without having obtained a license in accordance with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act referred to in § 114-1 and the provisions of this article.

Licenses permitted; maximum number; fees.

[Amended 12-7-2023 by Ord. No. 2023-12]

The Township shall permit the following type of cannabis licenses within the Township and without being subject to a limit as to the total number of licensees permitted in each category:

(a)

Class 1 cannabis cultivator license, for indoor only facilities involved in growing and cultivating cannabis;

(b)

Class 2 cannabis manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;

(c)

Class 3 cannabis wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;

(d)

Class 4 cannabis distributor license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;

(e)

Class 5 cannabis retailer license for locations at which cannabis items and related supplies are sold to consumers; and

(f)

Class 6 cannabis delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer.

At the time of the award of the license, each applicant shall pay a nonrefundable initial license fee. The applicable initial license fees established for each permitted license type herein are detailed in the universal fee chart located in § 18-2, reference numbers 50 through 55, of the Code of the Township of Lumberton.

§ 114-3.1 License application.

[Added 12-7-2023 by Ord. No. 2023-12]

Any license conditionally issued by the Township 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.

Persons wishing to obtain any class of cannabis license shall file a license application with the Township Clerk on a standardized form established by the Township Administrator and available in the Township Clerk's office. The Township Administrator shall establish a reasonable application period and deadline for all applications. An application shall be deemed incomplete, and shall not be processed by the Township Administrator, until all documents and application fees are submitted. To be deemed complete, all applications shall be accompanied by the following:

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.

The facility must have a valid license to operate a cannabis establishment from the State of New Jersey.

The applicant shall submit an affidavit and documentary proof of compliance with all state and local laws regarding affirmative action, antidiscrimination, and fair employment practices. The applicant shall also certify under oath that they 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.

The location proposed for licensing by the applicant shall comply with all applicable municipal zoning laws and the location restrictions set forth in this Code.

(5)

The applicant shall submit, to the satisfaction of the Town Administrator, proof of financial capability to open and operate the cannabis establishment for which the applicant is seeking a license. Standards for proof of financial capability shall be determined by the Township. Such proof may include tax returns, audited financials, or any other documents determined to be suitable by the Township. Such proof and/or documents may be further outlined in the Township's application for licensing.

(6)

The applicant shall submit a security plan reviewed and approved by the Lumberton Township Police Department under the security restrictions set forth in this Code. The security plan shall include a clearly labeled, dimensioned floor plan demonstrating the layout of the structure, location of the principal uses, including, but not limited to, public areas, retail areas, storage areas, restricted areas, points of entry for the facility, and location of the security camaras.

(7)

In addition to complying with any state requirement related to good character and criminal background, any person proposed to have an ownership interest in the license shall not have had any cannabis license or permit revoked for a violation affecting public safety in the State of New Jersey or a subdivision thereof within the preceding five years.

(8)

The applicant and the application shall otherwise comply with any, and all qualification standards set forth by the State of New Jersey and Township of Lumberton laws, regulations or ordinances.

(9)

Proof of payment of the nonrefundable application fee as set forth in the universal fee chart located in § 18-2, reference numbers 50 through 55, of the Code of the Township of Lumberton. The application fee shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or Township law or ordinance, including, by way of example, the initial license fee pursuant to § 114-3 or the license renewal fee pursuant to § 114-3.2.

Minimum security.

Cannabis establishment location minimum security measures. Each cannabis retail license applicant shall meet the below minimum security standards as approved by the Lumberton Township Police Department.

(a)

Each cannabis business shall provide effective controls and procedures to guard against unauthorized access to the premises or the business's electronic systems, theft, and diversion of cannabis. Such controls may include but are not limited to systems to protect against electronic records tampering.

(b)

At a minimum, each cannabis business shall:

[1]

Install, maintain in good working order and operate a safety and security alarm system at its premises that will provide suitable protection against theft and diversion and that provides, at a minimum:

Immediate automatic or electronic notification to alert cannabis business personnel and state or local police agencies to an unauthorized breach of security or an alarm or system failure at the cannabis business; and

A backup system that activates immediately and automatically upon a loss of electrical support and that immediately issues either automatic or electronic notification to state or local police agencies of the loss of electrical support.

[2]

Implement appropriate security and safety measures to deter and prevent the unauthorized entrance into areas containing cannabis and the theft of cannabis.

All cannabis establishments shall install and use a safe for storage of any cannabis products and cash on the premises when the cannabis establishment is closed to the public. The safe shall be incorporated in the building structure or securely attached thereto, as approved by the Lumberton Township Police Department and Construction Official.

[3]

Implement security measures that protect the premises, consumers, and cannabis business personnel.

[4]

Establish a protocol for testing and maintenance of the security alarm system.

[5]

Conduct maintenance inspections and tests of the security alarm system at the cannabis business's authorized location at intervals not to exceed 30 days from the previous inspection and test and promptly implement all necessary repairs to ensure the proper operation of the alarm system.

[6]

In the event of a failure of the security alarm system due to a loss of electrical support or mechanical malfunction that is expected to last longer than eight hours:

Notify the Commission pursuant to N.J.A.C. 17:30-9.11; and

Provide alternative security measures approved by the Commission or close the authorized physical addresses impacted by the failure or malfunction until the security alarm system is restored to full operation.

[7]

Keep access from outside the premises to a minimum and ensure that access is well controlled.

[8]

Limit entry into areas where cannabis is held to authorized personnel.

[9]

Equip interior and exterior premises with electronic monitoring, video cameras, and panic buttons.

A video surveillance system shall be installed and operated to clearly monitor all critical control activities of the cannabis business and shall be in working order and operating at all times. The cannabis business shall provide access for remote viewing by the Commission. This system shall be approved by the Commission prior to license issuance.

The original tapes or digital pictures produced by this system shall be stored in a safe place with a forty-five-day archive.

[10]

Provide a plan for exterior lighting for security purposes demonstrating that the outside areas of the premises and its perimeter are well lighted.

Exterior lighting must be sufficient to deter nuisance and criminal activity and facilitate surveillance and must make reasonable efforts to not disturb surrounding businesses or neighbors; and

The video surveillance system shall be supported by adequate security lighting, which shall illuminate all entrances and exits, and which may be modified as necessary to include motion control sensors to protect cultivation light-dark cycles, as applicable.

[11]

Provide law enforcement and neighbors within 100 feet of the cannabis business with the name and phone number of a staff member to notify during and after operating hours to whom they can report problems with the establishment.

[12]

The security alarm system and video surveillance system pursuant to this section shall be continuously monitored, 24 hours a day, seven days a week.

Monitoring of the security alarm system and video surveillance system may be conducted off site.

[13]

If, in the opinion of the Lumberton Township Police Department based upon the Department's training and experience, the location combined with security measures established are not deemed adequate, the Lumberton Township Police Department may require that the licensee hire and maintain armed and/or unarmed security to protect the visitors and employees of the establishment. Any activity such as a robbery shall automatically require the use of armed security for the remainder of the licensing period.

Cannabis retailer drive-through. Any applicant seeking to include a drive-through on the premises shall submit security plans to the Lumberton Township Police Department for review and approval. The Police Department may hold cannabis retailer establishments with a drive-through to a heightened standard for security proposes.

Other cannabis businesses. The Lumberton Township Police Department shall review nonretail classes of cannabis licensing applications using the standards in Subsection C of this section, but may amend, alter or waive security provisions for each facility based upon the class of license.

Certificate of occupancy for cannabis establishments. Each applicant shall obtain the Lumberton Police Department's written approval of the security plan for the proposed location in order to receive a certificate of occupancy from the Township.

§ 114-3.2 License renewal.

[Added 12-7-2023 by Ord. No. 2023-12]

The annual license renewal applications for all classes of cannabis licenses shall be submitted between November 1 and December 1 of every year with all licenses expiring on December 31 of each year.

License renewal application procedures. The license renewal application shall contain all information required for new applications. The applicant shall pay a license renewal fee pursuant to as set forth in the universal fee chart located in § 18-2, reference numbers 50 through 55, of the Code of the Township of Lumberton. An application for renewal of a local cannabis license may be rejected if any of the following exist:

The licensee fails to pay the annual license renewal fee within 30 days after the expiration of the license renewal deadline, as set forth in this section.

The local cannabis license is suspended or revoked at the time of the application.

The local cannabis license has not been in regular and continuous operation in the four months prior to the license renewal application.

The local cannabis licensee has failed to conform to the requirements of this chapter, or any regulations adopted pursuant to this chapter.

(5)

The local cannabis licensee fails or is unable to renew its license with the State of New Jersey license.

(6)

If the Township or state has determined, based on substantial evidence, that the local cannabis license is in violation of the requirements of this chapter, or the state statutes or regulations, and the Township or state has determined that the violation is grounds for termination or revocation of the Township's cannabis license.

License renewal fees. Cannabis establishments that are operating without the applicable licenses under this chapter prior to the passage of this section shall be permitted to operate within the Township subject to a submission of a license renewal application and the payment of the license renewal fee as set forth in the universal fee chart located in § 18-2, reference numbers 50 through 55, of the Code of the Township of Lumberton.

Late fees. The failure of a local cannabis licensee to pay the annual license renewal fee, when due, will result in the assessment of a late fee as follows:

One to seven days late, a late fee equivalent to 2% of the annual license renewal fee.

Eight to 15 days late, a late fee equivalent to 5% of the annual license renewal fee.

Sixteen to 30 days late, a late fee equivalent to 10% of the annual license renewal fee.

If fee is not paid after the expiration of 30 days, the local cannabis licensee shall cease operations.

§ 114-4 Regulations applicable to licensees.

Retail hours of sale. Any cannabis retailer licensee or cannabis delivery service licensee may sell, dispense and deliver or allow, permit or suffer the sale, dispensing or delivery of any cannabis, usable cannabis or cannabis products to consumers in the Township between the hours of 9:00 a.m. to 9:00 p.m. on Monday through Saturday, and 9:00 a.m. to 7:00 p.m. on Sunday. The retail hours of sale established herein may be further restricted during such hours as may be authorized or permitted by the State of New Jersey, Cannabis Regulatory Commission, pursuant to N.J.S.A. 24:6I-31 et seq., or any amendments or supplements thereto, and the rules and regulations promulgated thereunder, or any amendments or supplements thereto. Any future restriction or other modification concerning the retail hours of sale of cannabis by the State of New Jersey shall constitute a parallel restriction or modification of the permissible hours of retail sale and dispensing of cannabis within the Township.

[Amended 12-7-2023 by Ord. No. 2023-12]

Certain sales prohibited. No licensee or employee of a licensee shall sell, dispense or deliver, directly or indirectly, any cannabis, usable cannabis or cannabis products to any intoxicated person or any person under the legal age for purchasing cannabis, usable cannabis or cannabis products as a retail consumer pursuant to N.J.S.A. 24:6I-33, nor permit such categories of persons to congregate in or about the licensed premises.

On-site consumption prohibited. No licensee shall be permitted to operate or maintain a cannabis consumption area as further described by Section 28 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-21) on licensed premises or otherwise allow any person to consume usable cannabis or cannabis products on or within any licensed premises within the Township.

§ 114-5 Suspension or revocation of license.

Grounds for suspension or revocation. Any license granted or issued pursuant to this article may be suspended or revoked by the Township Committee after notice and hearing for any of the following causes:

Any fraud, misrepresentations or false statement contained in the application for a license.

Any fraud, misrepresentation or false statement made in connection with the selling of the articles of value.

Any violation of this article.