[Added 7-19-2021 by Ord.
No. 20-21]
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. 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. 24:61-1 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.).
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.
A license issued under relevant state law, including a license
that is designated as either a:
The term includes 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.
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 drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
A person or entity licensed by the Cannabis Regulatory Commission
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:
Employ no more than 10 employees;
Operate a cannabis establishment occupying an area of no more
than 2,500 square feet, and in the case of a cannabis (grower) 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;
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;
Acquire and process each month, in the case of a cannabis (processor),
manufacturer, no more than 1,000 pounds of usable cannabis (in dried
form);
Acquire for resale each month, in the case of a cannabis wholesaler,
no more than 1,000 pounds of usable cannabis (in dried form), or the
equivalent amount in any (other) form of manufactured cannabis product
or cannabis resin, or any combination thereof; and
Acquire for retail sale each month, in the case of a cannabis
retailer, no more than 1,000 pounds of usable cannabis (in dried form),
or the equivalent amount in any (other) form of manufactured cannabis
product or cannabis resin, or any combination thereof.
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.
There shall be no cannabis cultivator license (Class 1), cannabis
manufacturer license (Class 2), cannabis distributor license (Class
4) or cannabis delivery license (Class 6) within the Town of Boonton,
and all such operations associated thereto are hereby specifically
disallowed.
Cannabis wholesaler (Class 3) shall be a conditional use in
the Commercial District C-2 Zone only and subject to the following:
A.
Eligible locations. Facilities shall be at least 300 feet from any
parks and 300 feet from any school.
B.
Lot area and setbacks must comply with requirements of the C-2 Zone.
C.
Buildings. All facilities shall be enclosed in heated/air-conditioned
buildings, not in greenhouses, hoop houses or outdoors.
D.
Odor control. The facility shall provide an air-treatment system
with sufficient odor-absorbing ventilation and exhaust systems such
that an odor generated inside the facility is not detectable by a
person of reasonable sensitivity at the property line of the subject
property. Odor from the facility shall be monitored on an annual basis
at the discretion of the Town by a licensed, qualified contractor
chosen by the Town.
E.
Signage. Signs shall be limited to the address, name of the company
and emergency contact information located on one ground sign not to
exceed 24 square feet.
F.
State license. The facility must have a valid license to operate
from the State of New Jersey.
G.
Any cannabis facility is subject to compliance with all state laws,
regulations and guidelines with respect to cannabis licenses issued
by the State of New Jersey.
Cannabis Retailer (Class 5) shall be a conditional use in the
Commercial District C1 Zone only, and shall be subject to the following:
A.
Eligible locations. Facilities shall be at least 500 feet from any
parks and 1,000 feet from any school.
B.
Location. Cannabis retailers shall be separate and distinct from
any cannabis wholesaler operation.
C.
Buildings. All cannabis retailers shall be enclosed in heated/air-conditioned
permanent buildings, not trailers, outdoors, movable kiosks, etc.
D.
Signage. Signs shall be limited to location identification/name of
business. Signage shall not promote consumption of any cannabis products.
E.
Site plan approval. When seeking site plan approval, the applicant
for cannabis retailers shall submit a safety and security plan and
emergency services access plan.
F.
Accessibility. Any cannabis retailer shall only have one primary
public access point, which shall be directly adjacent to the right-of-way
or parking area of the building. Access should not be through common
entrances with other uses.
G.
Hours of operation. Hours of operation for cannabis retailers shall
be limited generally to daytime and early evening hours.
H.
Interior security. Cannabis retailers' interiors shall provide a
secure location for storage of products with minimum products in any
customer service area.
I.
Exterior loitering and security. People shall not be permitted to
congregate outside of a cannabis retailer, loiter or wait in line
to access the cannabis retailer. The facility shall have a plan in
place if interior capacity is exceeded, i.e., numbers are given and
customers wait in their vehicles until called.
J.
Product consumption. No products shall be permitted to be consumed
on-site.
K.
State license. The facility must have a valid license to operate
from the State of New Jersey.
L.
Any cannabis facility is subject to compliance with all state laws,
regulations and guidelines with respect to cannabis licenses issued
by the State of New Jersey.
[Added 9-7-2021 by Ord. No. 25-21]
As used in this article, 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 al.),
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 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.
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 article, 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 al.),
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); 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. 144 (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 al.); 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 al.).
Shall mean and 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 al.).
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.
Shall mean and refer to 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 al.).
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.
Shall mean and refer to 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 al.), 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 Town 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 Town 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 caregiver(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 al.): all public and private enclosed
areas at the location that are used in the business operated at the
location, including offices, kitchens, restrooms, 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 Town
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 Town; 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.
Shall mean and refer to 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 article has been adopted by the Mayor and Town Council of the
Town of Boonton for the following purposes:
(1)
To protect the public health, safety, and general welfare of
the residents of the Town 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 Town 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 Town 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), Licenses
for Class 1 cannabis cultivation, Class 2 cannabis manufacturing,
Class 4 cannabis distribution and Class 6 cannabis delivery shall
be prohibited within the geographic boundaries of the Town of Boonton.
B.
Nothing herein shall be construed to prohibit the delivery of cannabis
items and related supplies within the Town 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 Town.
C.
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 Town of Boonton.
D.
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 cannabis cultivator
(Class 1), cannabis manufacturer (Class 2), cannabis distributor (Class
4) and/or a cannabis distributor (Class 6) within the Town.
A.
The following number and type of municipal cannabis establishment
licenses, otherwise known as a "local annual cannabis license," are
hereby authorized to be available for issuance by the Town of Boonton
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)
Five Class 3 cannabis wholesaler licenses, to include no more
than two.
(2)
Cannabis wholesaler licenses 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 Town 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)
Five Class 5 cannabis retailer licenses, to include no more
than two cannabis retailer licenses to be issued as an annual concurrent
license to a qualified preexisting alternative treatment center as
to satellite retail operations, holding a current valid permit to
purchase, store, sell or otherwise transfer and/or transport medical
cannabis items.
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 Town 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 Town 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
service from any premises within the geographic boundaries of the
Town 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 and/or retail activities, any person, business,
organization, including a preexisting alternative treatment seeking
to concurrently operate, shall first apply for and secure from the
Town of Boonton an annual local Class 3 cannabis wholesaler license
or annual local Class 5 cannabis retailer license.
B.
The Town of Boonton, through its Administration and Municipal Clerk,
shall begin accepting applications for any class of annual local cannabis
license 15 days following final passage of this article. 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.
Where applicable, 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 Town of Boonton.
E.
All local cannabis establishments licenses shall be conditional,
and shall remain subject to all laws and regulations of the Town of
Boonton 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 Town of Boonton.
F.
The initial application fee for each local cannabis establishment
license shall be $2,500 and the renewal application fee shall be $2,500.
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 nontransferrable.
All local cannabis establishment licenses shall be specific to the
property location authorized and approved by the Town and shall not
otherwise be considered a "pocket license."
H.
All local cannabis establishments shall be subject to unannounced
inspections by a designated representative of the Town. 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 Town of Boonton as the maximum amount as permitted
by the laws of the State of New Jersey or the amounts set forth below,
whichever is greater:
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 Town of Boonton, 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 Town, 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 Town upon request.
All medical cannabis establishments and cannabis establishments
operating within the Town of Boonton 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 Town Police Department and the Town 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 Town 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 Town
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 Town
of Boonton, a hearing shall be conducted before the Town Council of
the Town 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 Town, 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. 2B:12-16a, 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 2A:58-12.
No Class 3 cannabis wholesaler licensee shall operate prior
to 8:00 a.m., nor after 6:00 p.m. No Class 5 retailer licensee shall
operate prior to 9:00 a.m., nor after 10:00 p.m.
