[HISTORY:[1] Adopted by the Mayor and Council of the City of Hoboken 6-17-2020 by Ord. No. B-267; amended in its entirety 8-3-2021 by Ord. No. B-377.[2] Subsequent amendments noted where applicable.]
A.
There is hereby created a City of Hoboken Cannabis Review Board ("Review
Board") which shall serve as an advisory committee to the City of
Hoboken whose duty it shall be to review applications for cannabis
wholesaler, cannabis retailer, medical cannabis dispensary and cannabis
delivery operations based within the City of Hoboken.
B.
The Review
Board shall be comprised of seven members, requiring four for a quorum:
the Mayor or his or her designee, a City Councilmember to be designated
by Council, the Director of Health and Human Services; and four Hoboken
residents. The Mayor's designee shall serve for the term of the Mayor
who appointed him or her and until a successor is appointed. The Council
designee shall be appointed on an annual basis at the City Council's
reorganization meeting. Two Hoboken residents shall be appointed by
the City Council for a term of two years, and two Hoboken residents
shall be appointed by the Mayor to serve for the term of the Mayor
appointing him or her.
[Amended 6-1-2022 by Ord. No. B-468]
C.
The Review
Board and the actions thereof are subject to the enabling authority
of the State of New Jersey "Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act" (the "Personal Use Act"), N.J.S.A.
24:6I-31 to 24:6I-56, and the "Jake Honig Compassionate Use Medical
Cannabis Act," N.J.S.A. 24:6I-1 to 24:6I-30. If any provision of this
section is found to be inconsistent with the statutes and/or regulations
of the State of New Jersey, the state statutes and/or regulations
shall govern.
The purpose of the Cannabis Review Board is to assure the public
health, safety, and general welfare of the City of Hoboken and its
residents, business establishments and visitors.
As used in this chapter, the following terms shall have the
meanings indicated:
The Director of Community Development or his or her designee
shall act as the administrative officer for accepting and processing
of applications to the Cannabis Review Board. The administrative officer
shall be the point of contact for all communication between the City
of Hoboken and the state licensing authority or any other state agency
with regard to the cannabis wholesaler, cannabis retailer, medical
cannabis dispensary or Hoboken-based cannabis delivery operator. The
Administrative Officer, in consultation with the Cannabis Review Board,
shall enforce the provisions of this code.
The Jake Honig Compassionate Use Medical Cannabis Act (approved
July 2, 2019), P.L. 2019, c. 153, revising and supplementing P.L.
2009, c. 307: N.J.S.A. 24:6I-1 to 24:6I-30, and the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act (the "Personal Use Act"), N.J.S.A. 24:6I-31 to 24:6I-56.
A 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. This person or entity
shall hold a Class 6 Cannabis Delivery license issued by the State
of New Jersey.
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, or by a licensed cannabis delivery
service or a certified cannabis handler for off-premises transactions
and delivery of cannabis items and related supplies. This person or
entity shall hold a Class 5 Cannabis Retailer license issued by the
State of New Jersey.
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. This person or entity shall hold a Class 3 Cannabis Wholesaler
license issued by the State of New Jersey.
An organization or entity, authorized by permit issued by
the New Jersey Cannabis Regulatory Commission to purchase or obtain,
possess, display, deliver, transfer, transport, distribute, supply,
sell and dispense medical cannabis, medical cannabis products, paraphernalia
and related supplies to registered qualifying patients, designated
caregivers, or institutional caregivers pursuant to the "Jake Honig
Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 to 24:6I-30).
A.
Application review. The Review Board shall receive and review all
applications for cannabis wholesaler, cannabis retailer, medical cannabis
dispensary and Hoboken-based cannabis delivery and shall provide an
endorsement, or report to the contrary, to the land use board of jurisdiction
prior to the applicant's submission of a conditional use application
to the board.
[Amended 4-6-2022 by Ord. No. B-446]
(1)
Notice
requirement. Notice of the application and hearing before the Cannabis
Review Board is required for all property owners as shown on current
tax duplicates, located within 200 feet in all directions of the proposed
location. Notice shall be provided by and at the expense of the applicant,
in accordance with the procedures set forth in N.J.S.A. 40:55D-12b.
Said notice shall be provided at least 10 days prior to the hearing.
B.
Community
host agreement. If the Cannabis Review Board has endorsed an applicant,
only after such endorsement, and specifically not before, the Cannabis
Review Board shall agree to terms of a "community host agreement"
with the cannabis wholesaler, cannabis retailer, medical cannabis
dispensary or cannabis delivery operator establishing the applicant's
willing commitment to the community, and in particular the surrounding
neighborhoods, and its support for, by example, local cannabis education
programs, local employment and jobs training, enhanced neighborhood
security, public safety programs, the Special Improvement District
(SID), social services and welfare programs, or other mutually beneficial
community investments. This draft agreement will be evidenced by a
resolution of the CRB ratified by a majority of the CRB members during
a public CRB meeting and shall then be referred to the Mayor for final
negotiation and shall be subject to approval by the City Council prior
to execution, in accordance with the provisions of the Faulkner Act.[1] An executed community host agreement will be a condition
precedent to a final certificate of occupancy being given to operate
as a dispensary.
[Amended 6-1-2022 by Ord. No. B-468]
[1]
Editor's Note: See N.J.S.A. 40:69A-1 et seq.
C.
Consumption endorsement review.
(1)
An applicant
is prohibited from operating a cannabis consumption area without first
obtaining approval from both the State Commission and the City of
Hoboken. The Review Board shall receive and review all applications
for endorsement of a cannabis consumption area made to the State Commission
pursuant to N.J.S.A. 24:6I-21 or N.J.S.A. 24:6I-42. The State Commission
shall convey to the City, within 14 days, a copy of the application
for consumption area. If the application does not receive the endorsement
of the City within one year after the state approval, the state endorsement
shall expire.
(2)
The Review Board shall consider the application for cannabis consumption area pursuant to the conditions set forth in § 196-33.1 of the City of Hoboken Municipal Code and shall, in consultation with the Hoboken Police Department on matters of public health, safety and general welfare, make a recommendation for endorsement or denial to the City Council for adoption by resolution. Such resolution shall be conveyed to the State Commission.
(3)
The
applicant seeking municipal approval for a cannabis consumption area
shall file a separate application, on a standardized form established
by the City and available on the City's website or from the Administrative
Officer. The municipal application shall not be deemed complete until
all documents are received and the application and escrow fees have
been remitted.
(4)
Consumption
endorsement may be rescinded by the Review Board with consent from
the City Council, at any time, pursuant to Section 28 of P.L. 2019,
c. 153 (N.J.S.A. 24:6I-21 or N.J.S.A. 24:6I-42) if the licensee is
found to be in violation of any state provision or condition of approval,
or if it is determined that the health, safety or general welfare
of the public is being adversely impacted.
D.
The Review Board shall have 45 days, from the conclusion of the hearing(s)
for cannabis wholesaler, cannabis retailer, medical cannabis dispensary
or Hoboken-based cannabis delivery, to issue its endorsement, or report
to the contrary, to the land use board of jurisdiction.
E.
The Review Board shall have 90 days from the receipt of a complete
application for consumption endorsement to issue its endorsement,
or report to the contrary, to the City Council for a resolution.
F.
An applicant for either endorsement shall provide additional clarification
and/or supplementation within 10 days after any written request by
the Review Board for the same.
G.
Administrative and local license fees.
(1)
The
application fee for endorsement of a cannabis wholesaler, cannabis
retailer, medical cannabis dispensary or Hoboken-based cannabis delivery
operation shall be $2,500.
(2)
The application fee for consumption endorsement for a cannabis retailer
or medical cannabis dispensary shall be $5,000.
(3)
All
applications for endorsement shall be accompanied by an escrow fee
of $5,000 to be used by the Review Board to pay professionals for
services rendered during the application process, such as review and
preparation of documents, transcripts, and inspections. If review
costs exceed the escrow deposited, the applicant shall pay the additional
amount within 15 days of the request for additional funds. Where the
review costs are less than the amount of the escrow deposit, the difference
shall be returned to the applicant within 120 days of final disposition
of the application.
(4)
The
successful applicant shall remit to the City of Hoboken, via the Administrative
Officer, the following license fees on an annual basis. License fees
shall be for each use, whether co-located or independent:
H.
Reinvestment of local license fees. Local license fees from cannabis
wholesalers, cannabis retailers, medical cannabis dispensaries or
Hoboken-based cannabis delivery operations shall be used for public
education and/or increased public safety in the area surrounding the
dispensary. A separate account shall be established for collection
and disbursement of said funds by the Cannabis Review Board with the
advice and consent of the City Council.