[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale 8-11-2021 by Ord. No. 2021:11. Amendments noted where applicable.]
The following cannabis operations shall be allowed within the
Borough of Somerdale and the zones hereafter listed:
A. Cultivation:
a facility involving the growing and cultivating of cannabis;
B. Manufacturing:
a facility involved in the manufacturing, preparation and packaging
of cannabis items;
C. Wholesaler:
a facility involved in obtaining and selling cannabis items for later
resale by other licensees;
D. Distributor:
a business involved in transporting cannabis plants in bulk from a
licensed cultivator to another licensed cultivator, or cannabis items
in bulk from any type of licensed cannabis business to another;
E. Retailer:
locations at which cannabis items and related supplies are sold to
consumers; and
F. Delivery:
a business providing carrier services for consumer purchases that
are fulfilled by a licensed cannabis retailer in order to make deliveries
of the purchased items to a consumer.
G. Limitation
of license: the Borough will only issue one license for cultivator,
manufacturing, wholesaler, and distributor and two licenses for retailer
and delivery.
A. Only persons
or entities licensed by the State of New Jersey to operate as proposed
may make application to operate a cannabis business in the Borough.
B. Any applicant
will complete an application supplied by the Borough Clerk and provide
with said application a complete copy of any and all submissions made
by the applicant to the State of New Jersey and any response from
the state, a copy of the license issued by the state, a statement
that the applicant has not been charged with any violation by any governmental
agency in the last five years, pay an application fee of $250, and
provide a detailed statement concerning security protocols at applicants
proposed place of business.
C. The Borough
Clerk will supply the applicant’s security protocols to the
Borough Police Chief for his or her review and approval. The local
license will not issue until such time as the security protocols are
approved by the Borough’s Police Chief.
D. The local
license shall be renewed annually at the anniversary of the issuance
of the initial local license, which renewal will require a statement
that there is nothing changed from the initial application or if there
are changes, a detailed statement of those changes. The fee for renewal
of the license shall be $100 per year.
E. Any change
in ownership of any business operation shall require a new application.
F. Any applicant
is required to disclose the name and address of any individual who
owns 10% or more of any license entity.
A. Any operation
allowed hereunder shall install a video monitoring system which will
capture images in real time of the entire interior of the facility
(excluding bathrooms and private offices not open to the public) as
well as the entire parking lot of the operation and shall give the
Somerdale Police Department real time access to said video system.
Video files shall be maintained for at least 60 days and any applicant
will be required to provide the Somerdale Police Department copies
of any files when requested.
B. Any business
operating under this chapter will be required to ensure that no noticeable
odor maybe detected outside of the business and shall, in the event
of any noticeable odor, cease operations, abate the odor and not restart
operations until said odor is completely and definitively eliminated.
C. The retail
distribution uses shall be permitted to operate between 7:00 a.m.
and 10:00 p.m. and shall not operate outside these hours.
D. Any local
license issued hereunder shall be conditioned upon truck traffic for
deliveries to only happen between 7:00 a.m. and 7:00 p.m.
E. Any retail
or delivery operation shall only operate on the first floor of a building
and shall have a dedicated entrance from the outside into the business
operation.
The Borough imposes an excise tax in the maximum amount allowed
by state law on any businesses operating hereunder.
It will be a violation of this chapter to smoke any cannabis
products in any public space or property open to the public.
A. Enforcement
of this chapter is granted to any sworn law enforcement officer, the
Borough’s Code Enforcement Officer and the Borough Fire Marshall.
B. For any
apparent violation of the odor provisions herein the Enforcement Officers
shall give the licensee written notice of the violation which will
provide for a two-day period to cure the odor issue. A t the conclusion
of the two-day cure period the Enforcement Officer may close the facility
and suspend the local license of the offender which license may be
reinstated upon satisfaction of the Enforcement Officer that the odor
issue has been abated.
C. Any person
or entity ordered closed by the Enforcement Officer may appeal said
action to Mayor and Council by the filing of a written appeal setting
forth the reasons that the closure order should be overturned. Mayor
and Council shall schedule a hearing on such an appeal within 30 days
of its filing. Mayor and Council may also designate a hearing officer
to consider such appeal, which appeal will also be heard within 30
days of filing.
D. Any person
or entity who violates any provision of this ordinance shall be subject
to a fine not to exceed $1,250 a jail sentence not to exceed 6 months.