[HISTORY: Adopted by the Township Committee of the Township
of Boonton 8-9-2021 by Ord. No. 899.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 56,
Cannabis Activity, adopted 6-10-2019 by Ord. No. 877.
As used in this chapter, the following terms shall have the
meanings indicated:
An organization issued a permit, conditional permit, and/or
a vertically integrated permit pursuant to the "Jake Honing Compassionate
Use Medical Cannabis Act," P.L. 2009, C. 307 (N.J.S.A. 24:6I-1 et
seq.) to operate as a medical cannabis cultivator, medical cannabis
manufacturer, medical cannabis dispensary or clinical registrant prior
to February 22, 2021; and includes any alternative treatment center
deemed pursuant to section 7 of the "Jake Honing Compassionate Use
Medical Cannabis Act" (N.J.S.A. 24:26I-7) to concurrently hold a medical
cannabis cultivator permit, a medical cannabis manufacturer permit,
and a medical cannabis dispensary permit and/or any alternative treatment
center deemed to concurrently hold any one or more class(es) of cannabis
licensed marketplace license(s) pursuant to PL. 2021, c. 16 § 33,
N.J.S.A. 24:6I-46, and P.L. 2021, c. 16 § 34, amending N.J.S.A.
24:6I-7.
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. 2016, c.
16 for use in cannabis 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 marihuana 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.).
Refer to a "cannabis consumption area" as defined under P.L.
2021, c. 16 § 3, N.J.S.A. 24:6I-33, of the "New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act."
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.
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.
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.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis retailer or a cannabis distributor.
Any item available for lawful consumption pursuant to the
"New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act," P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.).
A license issued under relevant state law including a license
that is designated as either a:
The term shall also include a conditional license for a designated
class, except when the context of the provisions of relevant state
law otherwise intend to only apply for a license and not a conditional
license.
The term shall also include any activity related to cannabis
cultivation, cannabis manufacturing, cannabis wholesale, cannabis
distribution, cannabis retail and/or cannabis delivery service by
a preexisting alternative treatment center deemed to concurrently
hold any one or more class(es) of the above-listed cannabis license(s)
pursuant to P.L. 2021, c. 16 § 33, N.J.S.A. 24:6I-46, and
P.L. 2021, c. 16 § 34 of the Act, amending N.J.S.A. 24:6I-7;
but shall not include the preexisting alternative treatment's
activities related to medical cannabis cultivation, medical cannabis
manufacturing, medical cannabis processing and/or medical cannabis
dispensing by a preexisting medical cannabis alternative treatment
center pursuant to a license or conditional licensed issued by the
State of New Jersey pursuant to the "Jake Honing 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.).
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.
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.
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.
The act of ingesting, inhaling, or otherwise introducing
medical cannabis items and/or cannabis items into the human body.
The transportation of cannabis items and related supplies
to a consumer. "Delivery" shall also mean the use by a licensed cannabis
retailer of any third-party technology platform to receive, process,
and fulfill orders by consumers, which third party shall not be required
to be a licensed cannabis establishment, distributor, or delivery
service, provided that any physical acts in connection with fulfilling
the order and delivery shall be accomplished by a certified cannabis
handler performing work for or on behalf of the licensed cannabis
retailer, which includes a certified cannabis handler employed or
otherwise working on behalf of a cannabis delivery service making
off-premises deliveries of consumer purchases fulfilled by that cannabis
retailer.
A "designated caregiver" as defined under the "Jake Honing
Compassionate Use Medical Cannabis Act," P.L. 2009, C. 307 (N.J.S.A.
24:6I-1 et seq.).
A structurally enclosed place of business, commerce or other
service-related activity, whether publicly or privately owned or operated
on a for-profit or nonprofit basis, which is generally accessible
to the public, including, but not limited to: a commercial or other
office building; office or building owned, leased or rented by the
state or by a county or municipal government; public and nonpublic
elementary or secondary school building; board of education building;
theater or concert hall; public library; museum or art gallery; bar;
restaurant or other establishment where the principal business is
the sale of food for consumption on the premises, including the bar
area of the establishment; garage or parking facility; any public
conveyance operated on land or water, or in the air, and passenger
waiting rooms and platform areas in any stations or terminals thereof;
health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A.
26:2H-1 et seq.); patient waiting room of the office of a health care
provider licensed pursuant to Title 45 of the Revised Statutes; child
care center licensed pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1
et seq.); race track facility; facility used for the holding of sporting
events; ambulatory recreational facility; shopping mall or retail
store; hotel, motel or other lodging establishment; apartment building
lobby or other public area in an otherwise private building; or a
passenger elevator in a building other than a single-family dwelling.
An "institutional caregiver" as defined under the "Jake Honing
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.).
A person or entity that holds a license issued under P.L.
2021, c. 16 (N.J.S.A. 24:6I-31 et seq.) including a license that is
designated as either a Class 1 cannabis cultivator license, a Class
2 cannabis manufacturer license, a Class 3 cannabis wholesaler license,
a Class 4 cannabis distributor License, a Class 5 cannabis retailer
License, a Class 6 cannabis delivery license, and also includes: a
person or entity that holds a conditional license for a designated
class; a person or entity holding a preexisting medical cannabis cultivator
license, preexisting alternative treatment center permit first issued
by the State of New Jersey, Department of Health, Division of Medicinal
Marijuana in accordance with the provisions of the "Jake Honing 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.) prior
to February 22, 2021, and approved by the Township to hold a concurrent
municipal license to operate as a Class 1 cannabis cultivator, Class
2 cannabis manufacturer, Class 3 cannabis wholesaler and/or Class
4 cannabis distributor in accordance with the provisions hereinafter
and P.L. 2021, c. 16 § 33, N.J.S.A. 24:6I-46, and P.L. 2021,
c. 16 § 34, (amending N.J.S.A. 24:6I-7) of the Act; and/or
any other person or entity holding a local annual cannabis license
issued by the Township pursuant to this Code.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
Cannabis dispensed to registered qualifying patients or their
designated or institutional care giver(s) pursuant to the "Jake Honing
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.).
"Medical cannabis" does not include any cannabis or cannabis item
that is cultivated, manufactured, produced, processed, distributed,
delivered, sold and/or resold for the ultimate purpose of recreational
consumption by persons that not registered qualifying patients.
The purchase, sale, possession, and/or consumption of cannabis
items by person(s) who are not a registered qualifying patient under
the "Jake Honing 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.).
The following areas of a location licensed under P.L.2021,
c.16 (N.J.S.A. 24:6I-31 et seq.): all public and private enclosed
areas at the location that are used in the business operated at the
location, including offices, kitchens, rest rooms, and storerooms;
all areas outside a building that the Cannabis Regulatory Commission
has specifically licensed for the production, manufacturing, wholesaling,
distributing, retail sale, or delivery of cannabis items; and, for
a location that the commission has specifically licensed for the production
of cannabis outside a building, the entire lot or parcel that the
licensee owns, leases, or has a right to occupy.
Any place to which the public has access that is not privately
owned, including but not limited to any property owned by the Township
of Boonton, the County of Morris, and or any other government subdivision
of the State of New Jersey situated within the geographic boundaries
of the Township; or any place to which the public has access where
alcohol consumption is not allowed, including, but not limited to,
a public street, road, thoroughfare, sidewalk, bridge, alley, plaza,
park, playground, swimming pool, shopping area, public transportation
facility, vehicle used for public transportation, parking lot, public
library, or any other public building, structure, or area.
A qualifying patient or patient registered under the "Jake
Honing 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.).
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
A.
This chapter has been adopted by the Township Committee of the Township
of Boonton for the following purposes:
(1)
To protect the public health, safety, and general welfare of the
residents of the Township of Boonton by establishing strict limits
and regulations on the lawful sale and use of legal cannabis.
(2)
To regulate the operation of licensed cannabis establishments to
protect against the unlawful operation and use of cannabis and marijuana.
(3)
To establish certain conditions and limitations on the number of
cannabis licenses authorized to be issued within the Township of Boonton.
(4)
To establish regulations on the time, location and manner of licensed
cannabis establishments and activities.
(5)
To prohibit the operation of any cannabis establishments and other
cannabis marketplace activities within the Township unless strictly
in conformance with state and local laws.
(6)
To establish limitations on the number and types of cannabis establishment
licenses and cannabis marketplace activities.
(7)
To establish local regulations as to the time, location, and manner
of cannabis establishments and cannabis marketplace operations and
activities in accordance with State law.
B.
Applicability. The provisions herein shall apply to all licensees,
persons, organizations and businesses operating and/or seeking to
operate as any class of licensed cannabis establishment pursuant to
the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act," P.L. 2021, c. 16, N.J.S.A. 24:6I-31 et seq., including
any preexisting alternative treatment center deemed to concurrently
hold any class(es) of cannabis marketplace license(s) pursuant to
P.L. 2021, c. 16 § 33, N.J.S.A. 24:6I-46 and P.L. 2021,
c. 16 § 34 (amending N.J.S.A. 24:6I-7) of the Act.
A.
Pursuant to Section 31 of the Act (N.J.S.A. 24:6I-45b), Class 1 Cannabis
Cultivation, Class 2 Cannabis Manufacturing, Class 3 Cannabis Wholesale
and Class 4 Cannabis Distribution is prohibited within the geographic
boundaries of the Township of Boonton, except by the holder of valid
preexisting alternative treatment center permit first issued by the
State of New Jersey, Department of Health, Division of Medicinal Marijuana
in accordance with the provisions of the "Jake Honing 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.) prior
to February 22, 2021, and approved by the Township to hold a concurrent
municipal license to operate as a Class 1 cannabis cultivator, Class
2 cannabis manufacturer, Class 3 cannabis wholesaler and/or Class
4 cannabis distributor in accordance with the provisions hereinafter
and P.L. 2021, c. 16 § 33, N.J.S.A. 24:6I-46, and P.L. 2021,
c. 16 § 34, (amending N.J.S.A. 24:6I-7) of the Act.
B.
Pursuant to Section 31 of the Act, N.J.S.A. 24:6I-45b, the operation
of any cannabis retail establishment and/or the retail sale of cannabis,
cannabis items and related supplies by any person or business directly
to consumers for recreational consumption, including by a licensed
Class 5 cannabis retailer and/or preexisting alternative treatment
center deemed to concurrently hold a Class 5 cannabis retailer license,
is hereby prohibited within the geographic boundaries of the Township
of Boonton.
C.
Pursuant to Section 31 of the Act, N.J.S.A. 24:6I-45b, the operating
premises of any cannabis delivery service, including any New Jersey
licensed Class 6 cannabis delivery services, is hereby prohibited
within the geographic boundaries of the Township of Boonton. Nothing
herein shall be construed to prohibit the delivery of cannabis items
and related supplies within the Township of Boonton by a New Jersey
licensed Class 6 cannabis delivery service to a consumer of 21 years
of age or older for personal use from the licensed premises of a Class
6 cannabis delivery service located outside the geographic boundaries
of the Township.
D.
Pursuant to Section 32 of the Act, N.J.S.A. 24:6I-21, cannabis consumption
areas are hereby prohibited from being located or otherwise operated
within the geographic boundaries of the Township of Boonton.
E.
Nothing herein shall authorize a preexisting alternative treatment
center to operate at a location separate from a preexisting licensed
location, and in no instance shall a preexisting alternative treatment
center be permitted to concurrently operate as a Class 5 cannabis
retailer or Class 6 cannabis delivery service within the Township.
A.
The following number and type of municipal cannabis establishment
licenses, otherwise known as "local annual cannabis license," are
hereby authorized to be available for issuance by the Township on
an annual basis pursuant to the "New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act," P.L. 2021, c. 16,
(N.J.S.A. 24:6I-31, et seq.), first commencing August 22, 2021:
(1)
One Class 1 cannabis cultivator license to be issued as an annual
concurrent license to a qualified preexisting alternative treatment
center holding a current valid permit to cultivate medical cannabis
from a location previously approved by the Township and actively licensed
by the State of New Jersey, Department of Health, Division of Medicinal
Marijuana pursuant the "Jake Honing 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.), and P.L. 2021, c. 16 § 33,
N.J.S.A. 24:6I-46, and P.L. 2021, c. 16 § 34 of the Act
(amending N.J.S.A. 24:6I-7) before February 22, 2021.
(2)
One Class 2 cannabis manufacturer license to be issued as an annual
concurrent license to a qualified preexisting alternative treatment
center holding a current valid permit to manufacture, package and/or
process medical cannabis, and selling such medical cannabis to other
manufacturers, wholesalers or retailers, but not directly to consumers,
from a location previously approved by the Township and actively licensed
by the State of New Jersey, Department of Health, Division of Medicinal
Marijuana pursuant the "Jake Honing 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.), and P.L. 2021, c. 16 § 33,
N.J.S.A. 24:6I-46, and P.L. 2021, c. 16 § 34 of the Act
(amending N.J.S.A. 24:6I-7) before February 22, 2021.
(3)
One Class 3 cannabis wholesaler license to be issued as an annual
concurrent license to a qualified preexisting alternative treatment
center holding a current valid permit to purchase, store, sell or
otherwise transfer and/or transport medical cannabis items for the
purpose of resale to other medical cannabis wholesalers or dispensaries,
but not directly to consumers, from a location previously approved
by the Township and actively licensed by the State of New Jersey,
Department of Health, Division of Medicinal Marijuana pursuant the
"Jake Honing 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.), and P.L. 2021, c. 16 § 33, N.J.S.A. 24:6I-46,
and P.L. 2021, c. 16 § 34 of the Act (amending N.J.S.A.
24:6I-7) before February 22, 2021.
(4)
One Class 4 cannabis distributor license to be issued as an annual
concurrent license to a qualified preexisting alternative treatment
center holding a current valid permit to transport in bulk medical
cannabis from a location previously approved by the Township and actively
licensed by the State of New Jersey, Department of Health, Division
of Medicinal Marijuana pursuant the "Jake Honing 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.), and P.L. 2021,
c. 16 § 33, N.J.S.A. 24:6I-46, and P.L. 2021, c. 16 § 34
of the Act (amending N.J.S.A. 24:6I-7) before February 22, 2021.
B.
Except for the number and classification types of the municipal licenses
listed hereinabove, no additional licenses or license types shall
be issued or otherwise made available by the Township except by formal
adoption of an ordinance.
C.
Any person, organization and/or business, including a licensed cannabis
establishment of limited class type operating outside the scope of
a license, found to engage in the cultivation, manufacturing, wholesale,
bulk transport and/or retail sale of cannabis items without first
having a valid license issued by the Township shall be subject to
a civil fine and penalty as set forth herein below.
D.
Any person, organization and/or business found to operate a delivery
services from any premises within the geographic boundaries of the
Township shall be subject to a civil fine and penalty as set forth
herein below.
A.
Prior to commencing the cultivation of cannabis and/or engaging in
cannabis manufacturing activities, cannabis wholesale activities and/or
cannabis distribution activities, any person, business, organization,
including a preexisting alternative treatment seeking to concurrently
operate, shall first apply for and secure from the Township of Boonton
an annual local Class 1 cannabis cultivator license, annual local
Class 2 cannabis manufacturer license, annual local Class 3 cannabis
wholesaler license, annual local Class 4 cannabis distributor, or
any combination thereof.
B.
The Township Committee shall begin accepting applications for any
class of annual local cannabis license 15 days following final passage
of this chapter. The initial local annual license shall be valid until
December 31, 2022. Thereafter the period of each annual local cannabis
establishment license shall commence January 1 and expire on December
31 of the calendar year.
C.
The licensee of an authorized cannabis establishment shall be required
to maintain a valid alternative treatment center permit from the State
of New Jersey, Cannabis Regulatory Commission for each applicable
class of concurrently held local annual cannabis license as a condition
of holding a local annual cannabis license.
D.
By no later than December 1 of the license year, all licensees shall
be required to file an application for the renewal of a local annual
cannabis license to be authorized to continue operation as a cannabis
establishment within the Township.
E.
All local cannabis establishments licenses shall be conditional,
and shall remain subject to all laws and regulations of the Township
and the State of New Jersey. Failure of any licensee to comply with
such applicable laws shall be grounds for revocation and/or nonrenewal
by the Township Committee.
F.
The initial application fee for each local cannabis establishment
license shall be $2,500 and the renewal application fee shall be $1,500.
An escrow shall be established for administrative and professional
fees and costs relating to the application and oversite during the
term.
G.
All local cannabis establishment licenses shall be non-transferrable.
All local cannabis establishment licenses shall be specific to the
property location authorized and approved by the Township and shall
not otherwise be considered a "pocket license." Nothing herein shall
authorize a preexisting alternative treatment center to operate at
a location separate from a preexisting licensed location, and in no
instance shall a preexisting alternative treatment center be permitted
to operate as a Class 5 cannabis retailer or Class 6 cannabis delivery
service within the Township.
H.
All local cannabis establishments shall be subject to unannounced
inspections by a designated representative of the Township. Access
shall be permitted by the designated representative.
A.
Pursuant to Section 40 of the Act, N.J.S.A. 40:48I-1a(1), the following
transfer taxes are hereby established on all cannabis establishments
operating within the Township as the maximum amount as permitted by
the laws of the State of New Jersey or the amounts set forth below,
whichever is greater:
(1)
Two percent on the gross receipts from each sale of all cannabis
and cannabis items by any cannabis cultivator to any other cannabis
cultivator;
(2)
Two percent on the gross receipts from each sale by a cannabis manufacturer;
(3)
One percent on the gross receipts from each sale by a cannabis wholesaler;
and
(4)
Two percent on the gross receipts from each sale of cannabis and/or
cannabis items from any cannabis establishment to another cannabis
establishment.
B.
Pursuant to Section 40 of the Act, N.J.S.A. 40:48I-1a(2), the following
user taxes are hereby established on all concurrent license holders
operating within the Township, which shall be in addition to any other
tax imposed by law as the maximum amount as permitted by the laws
of the State of New Jersey or the amounts set forth below, whichever
is greater:
C.
The above provisions as to the user and transfer taxation of any
cannabis marketplace activities shall not apply to that portion of
any business activities conducted by a concurrent licensee with respect
to medical cannabis cultivation, medical cannabis manufacturing, medical
cannabis processing, medical cannabis distribution and/or the dispensing
of medical cannabis items. Such user and transfer taxation amounts
shall be governed by a contractual agreement with the licensed medical
cannabis facility.
A.
All cannabis establishments, including licensed preexisting alternative
treatment centers, shall provide fully integrated air treatment systems,
with sufficient odor absorbing ventilation and exhaust systems such
that any odor generated within the confines of the premises shall
not unreasonably interfere with the enjoyment of life or property
outside the boundaries of the establishment's property, in accordance
with NJDEP regulations and guidance.
B.
All medical cannabis establishments and cannabis establishments shall
be required to retain a qualified environmental consultant approved
by the Township, who shall be available to promptly respond to the
site in the event of an incident or adverse event within a reasonable
period of time not to exceed 12 hours.
C.
All medical cannabis establishments and cannabis establishments shall
be required to monitor all activities for odors on a daily basis;
shall maintain and produce written records of all odor monitoring,
investigations, air quality studies and adverse events.
D.
All records as to odor monitoring, investigations, air quality studies
and adverse events shall be produced to the Township upon request.
All medical cannabis establishments and cannabis establishments
operating within the Township shall be required to designate a corporate
representative of the business who shall be available 24 hours daily
to serve as the primary person of contact for the establishment, and
shall have full authority to make decisions on behalf of the establishment
in the event of an emergency. The establishment shall provide the
up-to-date direct telephone and email contact information for the
corporate designee to the Township Police Department and the Township
Administrator and shall assure that such contact information remains
current at all times. At a minimum, the corporate designee shall be
responsible to respond to the Township in the event of a report of
criminal activity, adverse odor event, or any suspected violation
of applicable state and/or local laws.
The actual delivery of cannabis and cannabis items by any Class
6 cannabis delivery services to a consumer occurring within the Township
shall be prohibited from taking place in any public place and shall
only be permitted to take place within the confines of private property
or indoor public places with the express permission and authorization
of the owner of the property.
A.
Any person(s), firm(s), business(es), corporation(s) and/or other
organizations, including any licensed medical and/or cannabis establishment,
found in violation of any provision(s) of this Code shall be subject
to a civil fine and penalty not exceeding $2,000.
B.
Any licensed medical and/or cannabis establishment found in violation
of any provision(s) of this Code may be grounds for revocation and/or
nonrenewal of any issued local cannabis establishment license. Upon
reasonable notice to the licensee by the Administration of the Township
of Boonton, a hearing shall be conducted before the Township Committee
of the Township of Boonton to decide whether sufficient grounds exist
to revoke any and all classes of local cannabis establishment licenses
issued to the licensee. The licensee may be permitted to be represented
by legal counsel during the hearing, present evidence, testimony and
witnesses.
C.
Each and every day any person(s), firm(s), business(es), corporation(s)
and/or other organizations, including any licensed medical and/or
cannabis establishment remains in violation of the provisions of this
Code after the deadline for compliance set forth in any notice of
violation issued by the enforcing officer(s) of the Township shall
be considered a continuing violation punishable as a separate and
distinct offense and subject to a separate civil fine and penalty
for each and every day the violation continues.
D.
The Municipal Court or Superior Court shall have jurisdiction to
hear and decide any action(s) brought to enforce the provisions of
this code, the hearing for which shall be conducted in a summary manner
pursuant to N.J.S.A. 2B12-16a, and any final order imposing fines
and penalties for a violation of this code shall be enforceable in
the Municipal Court or Superior Court and collectible as a lien against
the property of the violator in accordance with the Penalty Enforcement
Law of 1999, N.J.S.A. 2A:58-10 to -12.
