[Adopted 6-17-2021 by Ord. No. 2021-10]
The purpose of this article is to impose a tax on the sale of
cannabis or cannabis products by licensed commercial cannabis businesses
operating in the Township of Lumberton pursuant to the New Jersey
Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization
Act, to specify the type of tax and rate of tax to be levied
and the method of collection, and to comply with all requirements
for the imposition of a transfer or user tax pursuant to state law.
This article is enacted solely to raise revenue and not for regulation.
This article does not authorize the conduct of any business or activity
in the Township of Lumberton, but provides for the taxation of such
businesses or activities as they occur.
The terms and definitions enumerated at §
114-2 of Chapter
114 (Cannabis) of the Township Code are hereby incorporated by reference as if fully set forth herein. For the purpose of this article, words and phrases herein shall have the same meanings as codified under state law, N.J.S.A. 40:48I-1(d), and any amendments or supplements thereto, and the rules and regulations of the Cannabis Regulatory Commission. In the event of a conflict in the meaning of words or phrases as between the Township Code and the foregoing laws or regulations of the state concerning legal cannabis, state law or regulations shall govern.
[Amended 12-2-2021 by Ord. No. 2021-20]
The Township of Lumberton hereby imposes and shall collect certain
local option taxes on cannabis business activity as follows:
A. A municipal transfer tax is hereby imposed on the receipts of each
sale by a licensed cannabis business operating in the Township of
Lumberton at the rate of 2% of the receipts from each sale by a cannabis
cultivator, 2% of the receipts from each sale by a cannabis manufacturer,
1% of the receipts from each sale by a cannabis wholesaler and 2%
of the receipts from each sale by a cannabis retailer.
B. A municipal user tax is hereby imposed, at the equivalent transfer
tax rates, on any concurrent license holder operating more than one
cannabis establishment. The user tax shall be imposed on the value
of each transfer or use of cannabis or cannabis items not otherwise
subject to the transfer tax imposed pursuant to this section, from
the license holder's establishment that is located in the municipality
to any of the other license holder's establishments, whether
located in the municipality or another municipality.
All revenues collected pursuant to this section shall be remitted
to the Chief Financial Officer of the Township of Lumberton in the
manner provided by this article. The taxes imposed by this section
shall be computed and paid for each calendar month. Said taxes are
due and payable to the Chief Financial Officer on or before the 20th
day of the succeeding month.