[HISTORY: Adopted by the Mayor and Council
of the Borough of Andover 8-14-2023 by Ord. No. 2023-19. Amendments noted
where applicable.]
The definitions set forth in § 134-66.4 are incorporated by reference herein.
No cannabis establishment business shall operate within the
Borough without a permit as required by this chapter.
There shall be no more than a combined total of two active,
inactive and/or suspended permits for cannabis retailers at any given
time.
A cannabis establishment seeking a permit from the Borough to
operate under the class of license awarded by the state shall submit
to the Borough Clerk a complete and signed application in a form prescribed
by the Borough for a municipal cannabis permit (the "application"),
which shall include the following attachments:
A.
Documentary proof that the state has awarded the cannabis establishment
an annual license which is valid for the period of the requested permit
and has not expired or been revoked;
B.
Sworn statement by the owner of the cannabis establishment that the
cannabis establishment is currently in compliance with all requirements
and conditions of its site plan approval and with all applicable laws
and ordinances pertaining to its business;
C.
If applicable, proof that the cannabis establishment is in compliance with the Borough's liability insurance requirements (see Chapter 89); and
D.
Required permit fee.
The Borough shall have up to 20 days from receipt of a completed
application to review it and issue a written determination in the
form of a permit, if approved, or a denial letter citing the reason(s)
for the denial and including steps to cure any deficiencies capable
of cure within 30 days after the date of the denial letter.
A cannabis establishment that is denied a permit will have 30
days, unless extended by the Borough in its sole discretion, within
which to correct any curable deficiencies cited in the Borough's
denial letter and to resubmit an amended application solely with respect
to those deficiencies cited in the denial letter. The Borough will
then have up to 20 days from receipt of the amended application within
which to review the amended portions of the application. At the conclusion
of this review period, the Borough will once again issue a written
determination in the form of a permit or a final determination of
denial citing the final reason(s) for denial of a permit.
The initial permit fee for each cannabis establishment under the provisions of this chapter is set forth in § 66-4I.
A.
Any permit issued pursuant to this chapter shall be valid for a period
of one year from the date of issuance and shall be renewed in accordance
with the provisions of this chapter. The Borough may adjust the renewal
date of the permit to correlate with a cannabis establishment's
state licensing and renewal schedule. The permit shall in no case
be proratable or reduced.
B.
Renewal of any permit shall be governed by and subject to any Code
amendments, additional restrictions or changes in regulations adopted
since the previous permit was issued or renewed.
C.
Transfer of ownership. Ten days after transfer of ownership in whole
or in part, of the cannabis establishment, the cannabis establishment
shall notify the Borough in writing of such transfer and include the
names, addresses and percentage ownership interests in the cannabis
establishment of the persons and/or entities from which and to which
the transfer is made. Without limitation, transfer of any share, membership
or partnership interest in a cannabis establishment shall constitute
a transfer of ownership governed by this chapter. In the event of
a transfer of ownership, the cannabis establishment shall submit proof
of approval by the appropriate state licensing agency of the transfer
within 10 days after agency approval. Failure to comply with the requirements
of this section within the ten-day deadline (as may be extended by
the Borough for up to an additional 20 days), the permit shall be
suspended and be deemed inactive and shall not be reinstated until
the cannabis establishment files the documentation and proofs required
by this section with the Borough Clerk, accompanied by a reinstatement
fee of $1,000.
D.
A transfer in location of any permit or modification to expand a
permitted facility shall require state approval, site plan approval
from the Planning Board and a certificate of zoning compliance from
the Zoning Officer. Proof thereof, together with transfer fee of $500
must be submitted to the Borough Clerk before the transfer or expansion
can be effective.
A.
Any permit issued pursuant to this chapter may be suspended or revoked
by the Borough for any violation of any provision of this chapter
or for the violation of any provision of N.J.S.A. 24:6I-31 et seq.,
including amendments or additions thereto, or of any of the rules
and regulations promulgated by the state or the Borough.
B.
Investigations. Procedures for investigation of permit violations
and for suspension, revocation, or other sanctions as a result of
any such violation shall be as determined by the Borough. Penalties
for such violations shall be assessed as follows:
C.
Summary suspension. When the Borough has reasonable grounds to believe
that a cannabis establishment has engaged in deliberate and willful
violation of any applicable law or regulation, or that the public
health, safety, and/or general welfare has been jeopardized and requires
emergency action, the Borough may enter a summary order for the immediate
suspension of such cannabis establishment's permit pending further
investigation. The Borough shall convene a review panel consisting
of the Mayor, two members of the Council and the Borough Administrator
or his/her designee. The hearing will occur within 30 days after the
date of the order. If the review panel shall find that the suspension
is justified, the review panel will recommend to the Borough Council
consequences, including but not limited to the revocation of the permit
or the reinstatement of the permit upon meeting prescribed conditions
including payment of a $1,000 reinstatement fee and suspension for
a period of up to six months. If the panel finds insufficient basis
for suspension, then a report of that finding shall be given to the
Administrator and suspension shall be rescinded.
D.
Inactive permits. Following the commencement of retail sales of cannabis
and cannabis products, the Borough may suspend or revoke any permit
if the premises has been closed to the public or unoccupied by the
cannabis retailer for at least 30 consecutive days.
E.
State license. The Borough may suspend or revoke any permit if the
corresponding state license for the subject location is expired, surrendered,
suspended, or revoked. The cannabis establishment shall immediately
notify the Borough in writing upon the cannabis establishment's
receipt of notice that its state license has expired, has been surrendered,
suspended or revoked.
F.
Any action taken by the Borough pursuant to this chapter shall be
reported to the applicable state agency in accordance with reporting
protocols established by such agency.
The holder of each permit issued by the Borough under this chapter
shall display the permit certificate conspicuously in the cannabis
establishment.
The issuance of a permit per this chapter shall not be construed
as verification by the Borough that the cannabis establishment has
complied with other applicable legal requirements such as and including
the requirement, if applicable, of the issuance of a certificate of
occupancy for the cannabis establishment's business.
Any person violating any of the provisions of this chapter shall
be subject to a fine of up to $2,500 per offense, 90 days' imprisonment
or both. Each day a violation occurs shall be deemed to be a separate
offense.
