[Added 8-5-2021 by Ord. No. 1707-21]
The purpose of this article is to protect the public health,
safety, and welfare of the residents, businesses and property in the
Township of Saddle Brook by prescribing the manner in which cannabis
businesses can be conducted within its borders, regulating its cultivation,
production, and distribution in a manner that is consistent with P.L.
2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act," and to minimize negative
impacts on the community. It is intended to provide a means of cultivation,
production, wholesale distribution and retail sales of cannabis to
licensed businesses pursuant to the P.L. 2021, c. 16, known as the
"New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act," while protecting the public health and safety
through reasonable limitations on business operations as they relate
to noise, air, and water safety, as well as public safety. Furthermore,
pursuant to P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act," the Township
is authorized to impose fees on the sales or equivalent transfers
from cannabis-based businesses.
As used in this article, the following terms shall have the
meanings indicated:
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," for use in products as set forth in this Act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marijuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. "Cannabis cultivators" refer to those uses that possess
a Class 1 cannabis cultivator license under P.L. 2021, c. 16, known
as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act."
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which, after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. "Cannabis delivery services" refer to those uses
that possess a Class 6 cannabis delivery license.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. "Cannabis distributors" refer, to those uses that possess
a Class 4 cannabis distributor license under P.L. 2021, c. 16, known
as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act."
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
"Cannabis manufacturers" refers to those uses that possess a Class
2 cannabis manufacturer license under P.L. 2021, c. 16, known as the
"New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act."
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. "Cannabis
retailers" refers to those uses that possess a Class 5 cannabis retailer
license under P.L. 2021, c. 16, known as the "New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act."
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. "Cannabis wholesalers" refers to those uses that possess
a Class 3 cannabis wholesaler license under P.L. 2021, c. 16, known
as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act."
A person or entity licensed under P.L. 2021, c. 16 (N.J.S.A.
24:6I-31 et seq.) as a cannabis cultivator, cannabis manufacturer,
cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis
delivery service that may only, with respect to its business operations
and capacity and quantity of product: (1) employ no more than 10 employees;
(2) operate a cannabis establishment occupying an area of no more
than 2,500 square feet and, in the case of a cannabis cultivator,
grow cannabis on an area no more than 2,500 square feet measured on
a horizontal plane and grow above that plane not higher than 24 feet;
(3) possess no more than 1,000 cannabis plants each month, except
that a cannabis distributor's possession of cannabis plants for
transportation shall not be subject to this limit; (4) acquire each
month, in the case of a cannabis manufacturer, no more than 1,000
pounds of usable cannabis; (5) acquire for resale each month, in the
case of a cannabis wholesaler, no more than 1,000 pounds of usable
cannabis, or the equivalent amount in any form of manufactured cannabis
product or cannabis resin, or any combination thereof; and (6) acquire
for retail sale each month, in the case of a cannabis retailer, no
more than 1,000 pounds of usable cannabis, or the equivalent amount
in any form of manufactured cannabis product or cannabis resin, or
any combination thereof.
[Added 4-7-2022 by Ord.
No. 1718-22]
A.
With the exception of loading activities incidental to the operation
of the cannabis business, all operations shall occur indoors, within
an enclosed building.
B.
Cannabis businesses shall not be located within a building which
contains a residence, or within a mixed-use development that includes
residential uses.
C.
Cannabis wholesaler, distribution and delivery services are prohibited
within the Township of Saddle Brook, except for the delivery of cannabis
items and related supplies by a delivery service based outside the
Township. As such, wholesale, distribution and delivery facilities
are expressly prohibited.
D.
Cannabis businesses shall comply with all respective signage regulations in § 206-67. External signage shall be limited to text and business logo, so long as it does not include a cannabis plant leaf or outward glorification of cannabis consumption.
E.
Cannabis businesses shall have security systems in place, along with
a continuous recording system that records for a minimum thirty-day
archive. This system shall be shared with the Saddle Brook Township
Police Department via web browser.
F.
Cannabis businesses shall provide the Saddle Brook Township Police
Department with the name and phone number of a staff person to notify
during suspicious activity during or after operating hours.
G.
Cannabis businesses shall have security staff on the premises during
all hours of operation.
H.
Access to cannabis businesses shall be limited to authorized persons
only.
I.
Businesses shall properly dispose of all materials and other substances
in a safe and sanitary manner in accordance with state regulations.
J.
Cannabis businesses shall be equipped with ventilation systems sufficient
in type and capacity to eliminate cannabis odors emanating from the
interior to the exterior of the premises discernible by reasonable
persons. The ventilation system must be inspected and approved by
the Construction Official.
A.
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),
cannabis wholesale, distribution and cannabis delivery establishments
are hereby prohibited from operating anywhere in the Township of Saddle
Brook.
B.
Pursuant to Section 31b of the New Jersey Cannabis Regulatory Enforcement
Assistance and Marketplace Modernization Act (P.L. 2021, c. 16), the
Township of Saddle Brook shall permit the total of three Class 1 cannabis
cultivation licenses, three Class 2 manufacturing licenses, and three
Class 5 cannabis retailer licenses.
[Amended 4-7-2022 by Ord.
No. 1718-22]
All cannabis manufacturing, cultivation, and retailer uses shall
be conditional uses and must meet the following conditions:
A.
Cannabis manufacturing location and performance requirements.
[Amended 4-7-2022 by Ord.
No. 1718-22; 10-6-2022 by Ord. No. 1726-22]
(1)
All cannabis manufacturing operations larger than 5,000 square
feet shall only be permitted in the I Industrial District and shall
not be located within 500 feet of any public or private elementary,
vocational, or secondary school, a licensed day-care center or any
residential zone. Cannabis manufacturing operations of 5,000 square
feet and under shall be permitted in the B-2 Secondary Business District
adjacent to N.J. Route 46 (Blocks 104, 105, 118, 120, 121, 123, 405
and 412) and in the I Industrial District and shall not be located
within 500 feet of any public or private elementary, vocational, or
secondary school, a licensed day-care center or any residential zone.
(2)
Distances shall be measured in a straight line from the center
of the entrance of the cannabis establishment to the closest point
of the property line of the school, day-care center, or any residential
zone. Emergency/Fire exits, maintenance access, and doors to gain
access to non-public areas are not used in the measurement. If the
entrance is set back from the sidewalk by a walkway or doorway, the
measurement is taken from the center of the line where the walkway/doorway
meets the sidewalk.
B.
Cannabis cultivator location and performance requirements. All cannabis
cultivator operations, except microbusiness cannabis cultivation operations,
shall only be permitted in the I Industrial District, and cultivator
operations shall not be located within 500 feet of any public or private
elementary, vocational, or secondary school; a licensed day-care center
or any residential zone. Distances shall be measured from the closest
point on the perimeter of the applicant's property to the closest
point of the property of the school, day-care center, or residential
zone.
[Amended 4-7-2022 by Ord.
No. 1718-22; 10-6-2022 by Ord. No. 1726-22]
C.
Cannabis retailer locational performance requirements.
(1)
All cannabis retailer operations shall only be permitted in
the CH - 1 and CH - 2 Limited Commercial Districts and in the B -
2 Secondary Business District adjacent to N.J. Route 46 (Blocks 104,
105, 118, 120, 121, 123, 405 and 412), and retailer operations shall
not be located within 500 feet of any public or private elementary,
vocational, or secondary school. Distances shall be measured from
the closest point on the perimeter of the applicant's property
to the closest point of the property of the school.
(2)
Retailer operations shall utilize ventilation systems that prevent
any odors associated with cannabis from leaving the business premises.
(3)
The minimum off-street parking requirement for cannabis retailer
operations shall be one space per every 200 square feet of retail
floor area plus one space per every 1.5 persons maximum occupancy
in designated consumption areas.
(4)
Consumption areas.
(a)
On-premises consumption of personal-use cannabis may occur on
private property as permitted by law or at a cannabis retail facility
holding a Class 5 cannabis retailer license, but only in designated
consumption areas at Class 5 cannabis retail facilities. Designated
consumption areas at cannabis retail facilities may be indoors or
outdoors and shall be designated by conspicuous signage.
(b)
An indoor cannabis consumption area in which only personal-use
cannabis items may be consumed shall be a structurally enclosed area
within a cannabis retailer that is separated by solid walls or windows
from the area in which retail sales of cannabis items occur, shall
only be accessible through an interior door after first entering the
retailer, and shall comply with all ventilation requirements applicable
to cigar lounges, as that term is defined in Section 3 of P.L. 2005,
c. 383 (N.J.S.A. 26:3D-57), in order to permit indoor smoking, vaping,
or aerosolizing that is the equivalent of smoking tobacco not in violation
of the New Jersey Smoke-Free Air Act, P.L. 2005, c. 383 (N.J.S.A.
26:3D-55).
(c)
An outdoor cannabis consumption area shall be on the same premises
as the cannabis retailer, that is either separate from or connected
to the retailer, and that is not required to be completely enclosed,
but shall have sufficient walls, fences, or other barriers to prevent
any view of persons consuming personal-use cannabis items within the
consumption area from any sidewalk or other pedestrian or motorist
right-of-way, as the case may be.
(d)
Access to a cannabis consumption area in which personal-use
cannabis items may be consumed shall be restricted to employees of
the cannabis retailer, and to other persons who are at least 21 years
of age. Each person shall be required to produce a form of government-issued
identification that may be accepted, pursuant to Subparagraph (a)
of Paragraph (6) of Subsection a. of Section 18 of P.L. 2021, c. 16
(N.J.S.A. 24:6I-35), in order to enter the consumption area for purposes
of consuming any personal-use cannabis items.
(e)
When a person leaves a cannabis consumption area, the cannabis
retailer shall ensure that any remaining, unconsumed, personal-use
cannabis item that is not taken by the person is destroyed.
A.
Section 40 of the New Jersey Cannabis Regulatory, Enforcement Assistance
and Marketplace Modernization Act (P.L. 2021, c. 16) provides that
a municipality may, at its option, impose a transfer tax on the sale
of cannabis or cannabis items by a cannabis establishment located
in the municipality. Saddle Brook Township has determined that such
a tax is appropriate, and therefore the following transfer taxes shall
be imposed:
(1)
Two percent of all receipts from each sale of cannabis by a
cannabis cultivator.
(2)
Two percent of all receipts from each sale of cannabis by a
cannabis manufacturer.
(3)
One percent of all receipts from each sale of cannabis by a
cannabis wholesaler.
(4)
Two percent of all receipts from each sale of cannabis by a
cannabis retailer.
B.
A user tax shall also be imposed on any concurrent license holder, as permitted by Section 33 of P.L. 2021, c. 16 (N.J.S.A. 24-61-46), 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 Subsection A of 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.
C.
Administration and enforcement.
(1)
A transfer tax or user tax imposed pursuant to this section
shall be in addition to any other tax imposed by law. Any transaction
for which the transfer tax or user tax is imposed, pursuant to this
section, other than those which generate receipts from the retail
sales by cannabis retailers, shall be exempt from the tax imposed
under the Sales and Use Tax Act, P.L. 1966, c. 30 (N.J.S.A. 54:32B-1
et seq.). The transfer tax or user tax shall be collected or paid
and remitted to the municipality by the cannabis establishment from
the cannabis establishment 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 tax or user tax 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.
(2)
Every cannabis establishment required to collect a transfer
tax or user tax imposed by ordinance pursuant to this section shall
be personally liable for the transfer tax or user tax imposed, collected,
required to be collected under this section.
(3)
All revenues collected from a transfer tax or user tax imposed
by ordinance pursuant to this section shall be remitted to the chief
financial officer of Saddle Brook Township in a manner prescribed
by the municipality. The chief financial officer shall collect and
administer any transfer tax or user tax imposed by ordinance pursuant
to this section. Saddle Brook Township shall enforce the payment of
delinquent taxes or transfer fees imposed by ordinance pursuant to
this section in the same manner as provided for municipal real property
taxes.
(4)
In the event that the transfer tax or user tax imposed by ordinance
pursuant to this section is not paid as and when due by a cannabis
establishment, the unpaid balance, and any interest accruing thereon,
shall be a lien on the parcel of real property comprising the cannabis
establishment'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.
(5)
Saddle Brook shall file in the office of its Tax Collector a
statement showing the amount and due date of the unpaid balance and
identifying the lot and block number of the parcel of real property
that comprises the delinquent cannabis establishment's premises.
The lien shall be enforced as a municipal lien in the same manner
as all other municipal liens are enforced.
A cannabis manufacturer, cultivator, or retailer issued a permit
or license by the State of New Jersey and operating in the Township
of Saddle Brook under this article shall at all times comply with
the following operational requirements:
A.
A cannabis facility shall comply with the Zoning Code, the Building
Code, and the Property Maintenance Code at all times.
B.
The facility must hold at all times a valid license or permit issued
by the State of New Jersey to undertake cannabis activities at the
permitted property. A state-issued license is valid only for the location
identified on the license and until the expiration date printed on
the license and cannot be transferred to another location in the Township
without a new application. The state-issued license shall be prominently
displayed inside the permitted premises in a location where it can
be easily viewed by law enforcement and administrative authorities.
C.
Cannabis operations shall be conducted solely within the permitted
premises on the permitted property. No cannabis facility shall be
permitted to operate from a moveable, mobile or transitory location,
except for the permitted transportation of cannabis and cannabis products
to and from the facility pursuant to the terms of the state license
or permit.
D.
A cannabis facility shall at all times maintain a security system
that meets state law requirements, 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.
E.
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, nor shall it be grown, processed, exchanged, displayed
or dispensed outside the permitted premises.
F.
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.
G.
Cannabis offered for sale and distribution must be packaged and labeled
in accordance with state law.
H.
No pictures, photographs, drawings, or other depictions of cannabis
or cannabis paraphernalia shall appear on the outside of any permitted
premises nor be visible outside of the permitted premises on the permitted
property.
I.
The words "marijuana," "cannabis" and any other words used or intended
to convey the presence or availability of marijuana shall not appear
on the outside of the permitted premises nor be visible outside of
the permitted premises on the permitted property.
J.
The facility's operation and design shall minimize any impact
to adjacent uses, including the control of any odor such that no odor
is detectable beyond the permitted property. No facility shall be
operated in a manner creating noise, dust, vibration, glare, fumes,
or odors beyond the boundaries of the property on which the facility
is operated; or creating any other nuisance that hinders the public
health, safety and welfare of the residents of the Town of Saddle
Brook.
K.
No person operating or employed by a cannabis cultivation or manufacturing
facility shall provide or otherwise make available cannabis to any
person who is not legally authorized to possess same under state law.
L.
All necessary building, electrical, plumbing and mechanical permits
must be obtained for any part of the permitted premises in which electrical,
wiring, lighting or watering devices that support the cultivation,
growing, harvesting or testing of cannabis are located.
M.
The owner and operator of a cannabis cultivation or manufacturing
facility shall use lawful methods in controlling and disposing of
waste or by-products from any activities allowed under the state license
or permit.
N.
Cannabis may be transported within the Township under this article
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.
O.
No vehicle 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.
