No entity in possession of a local cannabis license shall permit
the consumption of cannabis in or upon a licensed premises. The City
Administrator shall deny any request for local endorsement and/or
approval of a cannabis consumption area.
The City Administrator is hereby designated to act as the local
licensing authority for the City for all local cannabis licenses.
The City Administrator shall coordinate and cooperate with the Planning
and Development Committee. Under all circumstances in which state
law requires communication to the City by the Cannabis Regulatory
Commission or any other state agency with regard to cannabis licensing
by the state, or in which state law requires any review or approval
by the City 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 City Administrator.
An application for a local cannabis license shall be submitted on current forms provided by the City with an application fee pursuant to §
116-12. At least one controlling beneficial owner shall sign all applications. However, other owners with day-to-day management authority may be required to sign authorizations, requests to release information and other forms required by licensing authority staff. Applications shall be complete and accurate and must include all attachments, checklists, verifications and supporting documents required by the City's current application forms before the application will be accepted or considered. The City may refuse to accept an incomplete application.
No local cannabis license shall be issued until the applicant
has received a state license and satisfied other prerequisites of
the conditional approval.
A. Notice to City. An applicant shall notify the City upon meeting all
conditions of the conditional approval. The notice shall include a
copy of the state license, a copy of the full application submitted
to the State of New Jersey and a statement affirming that the applicant
has not made any material changes to the original application.
B. Issuance of local cannabis license. The City shall issue a local
cannabis license once satisfied that the conditions of the conditional
approval have been met.
C. License duration. Unless revoked or suspended, local licenses shall
run concurrently with state licenses. This means that once a local
cannabis license is issued, such license will expire, unless otherwise
revoked as provided for herein, on the same date as the current state
license.
A local cannabis licensee shall at all times comply with the
following operational requirements, which the City may review and
amend from time to time as it determines reasonable.
A. Scope of operation. A local cannabis licensee shall comply with all
respective applicable codes of the local zoning, building, and health
departments. The local cannabis licensee must hold a valid local cannabis
license and state license for the classification intended to be carried
out on the licensed property.
B. Security. Local cannabis licensee shall at all times maintain a security
system that meets state law requirements, and in addition shall also
include the following:
(1) Robbery and burglary alarm systems which are professionally monitored
and operated 24 hours a day, seven days a week and which will contact
local law enforcement if triggered;
(2) All security recordings and documentations shall be preserved for
at least 30 days by the local cannabis licensee and made available
to any law enforcement upon request for inspection.
C. Operating hours. Hours of operation for the Class I through IV and
Class VI license holders shall be 24 hours per day.
D. Sign restrictions. No signs, pictures, photographs, drawings or other
depictions shall appear on the outside of any licensed premises nor
be visible outside of the licensed premises on the licensed property
nor advertise in a way that is inconsistent with and federal, state,
or local rule or regulation.
E. Permits. All necessary building, electrical, plumbing and mechanical
licenses must be obtained for any part of the licensed premises in
which electrical, wiring, lighting or watering devices that support
the cultivation, growing, harvesting or testing of cannabis are located.
F. Waste disposal. The local cannabis licensee shall use lawful methods
in controlling waste or by-products from any activities allowed under
the local cannabis license. All waste or by-products stored must be
contained in a dumpster that is locked or located within a locked
enclosure.
G. Indoor operation. All activities permitted pursuant to a local cannabis license, including, without limitation, distribution, growth, manufacturing, cultivation, or the sale of cannabis, and all other related activity must occur indoors. For purposes of this section and for the avoidance of doubt, greenhouses, hoop houses, Quonset huts, and other similar structures shall qualify as an "indoor operation" and shall be permitted for cultivation and growth of cannabis by holders of a valid Class 1 cannabis cultivator license only. This amendment shall in no way alter or diminish the obligation of the holder of a Class 1 cannabis cultivator license to comply with all other applicable conditions under Chapter
116 of the City Code.
[Added 3-20-2023 by Ord.
No. 2-2023]
H. Odor prohibited. A local cannabis licensee's operation and design
shall minimize any impact to adjacent uses, including the control
of any odor by maintaining and operating an air-filtration system
so that no odor is detectable outside the licensed premises.
I. Nuisance prohibited. The licensed premises shall not be operated
in a manner that creates noise, dust, vibration or glare beyond the
boundaries of the property; or create any other nuisance that hinders
the public health, safety and welfare.
J. Additional conditions. The City may impose such reasonable terms
and conditions on a local cannabis licensees as may be necessary to
protect the public health, safety and welfare, and to obtain compliance
with the requirements of this chapter and applicable law.
K. Cannabis retailer licensee hours of sale. No cannabis retailer licensee
shall sell, deliver, serve or permit consumption of cannabis products
in any licensed premises between the hours of 9:00 p.m. and 10:00
a.m. During the hours in which sales of cannabis products are prohibited,
the entire licensed premises shall also be closed and no person shall
be admitted or permitted to remain therein except that this provision
shall not be construed to preclude restaurants, hotels, motels and
clubs holding licenses from remaining open during other hours for
the purpose of providing other services and accommodations to guests,
members and guests of members, provided, however, adequate facilities
and equipment exist for such services and accommodations, such services
and accommodations are regularly provided, and any cannabis establishment
on the premises is securely closed.
L. Curbside retail sales prohibited. No local cannabis licensee shall
conduct curbside retail sales, as defined in N.J.A.C. 17:30-12.4.
A conditional approval and local cannabis license granted by
this chapter are a revocable privilege granted by the City and are
not a property right. Granting a license does not create or vest any
right, title, franchise, or other property interest. Each local cannabis
license is exclusive to the local cannabis licensee, and a local cannabis
licensee or any other person must apply for and receive the City's
approval before a local cannabis license is transferred, sold, or
purchased. A local cannabis licensee or any other person shall not
lease, pledge, or borrow or loan money against a license. The attempted
transfer, sale, or other conveyance of an interest in a local cannabis
license without prior state and local approval is grounds for suspension
or revocation of the local cannabis license or for other sanction
considered appropriate by the City.