[HISTORY: Adopted by the Board of Commissioners of the City
of Bordentown as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-9-2021 by Ord. No. 2021-15; amended in its entirety 11-8-2021 by Ord. No. 2021-25]
As used in this article, the following terms shall have the
meanings indicated.
An entity located in New Jersey that, on the effective date
of P.L. 2019, c. 153 (N.J.S.A. 24:6I-5.1 et seq.), has an addiction
medicine faculty practice or is in the same health care system as
another facility located in New Jersey that offers outpatient medical
detoxification services or inpatient treatment services for substance
use disorder; has a pain management faculty practice or a facility-based
pain management service located in New Jersey; has graduate medical
training programs accredited, or pending accreditation, by the Accreditation
Council for Graduate Medical Education or the American Osteopathic
Association in primary care and medical specialties; is the principal
teaching affiliate of a medical school based in the state; and has
the ability to conduct research related to medical cannabis. If the
entity is part of a system of health care facilities, the entity shall
not qualify as an academic medical center unless the health care system
is principally located within the state.
An organization issued a permit pursuant to the Jake Honig
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,
as well as any alternative treatment center deemed pursuant to Section
7 of that Act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis
cultivator permit, a medical cannabis manufacturer permit, and a medical
cannabis dispensary permit.
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 (N.J.S.A. 24:6I-31 et seq.) for use in cannabis products, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product.
Any person or entity that holds any of the six classes of
licenses established under P.L. 2021, c. 16, the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act.
Any licensed person or entity that grows, cultivates, or
produces cannabis, 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.
This person or entity shall hold a Class 1 cannabis cultivator license.
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. This person or entity shall hold 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. This person or entity shall hold a Class 4 cannabis distributor
license.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
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.
This person or entity shall hold a Class 2 cannabis manufacturer license.
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis product" does not include:
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. This
person or entity shall hold a Class 5 cannabis retailer license.
An independent, third-party entity meeting accreditation
requirements established by the Cannabis Regulatory Commission that
is licensed to analyze and certify cannabis items and medical cannabis
for compliance with applicable health, safety, and potency standards.
An entity that provides educational curriculum and/or mentorship
and job training in related cannabis- and hemp-related businesses,
including, but not necessarily limited to, medical research, political
science, legal, accounting, operational professionals, and law enforcement
in the emerging cannabis industry taking a science, technology, engineering,
arts, and math approach. A training facility may, but is not required
to, hold any license to sell, cultivate, or manufacture cannabis.
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.
An area inclusive of property used for school purposes by
any publicly funded primary school, whether or not owned by such school,
within 1,000 feet of any such property. This shall be measured from
the property line of the school property to the cannabis business
establishment or facility. As it pertains to cannabis businesses within
the City of Bordentown, it does not include parks nor other public
facilities outside of school property.
[Amended 8-8-2022 by Ord. No. 2022-08]
Any 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:
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 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 each month, in the case of a cannabis manufacturer,
no more than 1,000 pounds of usable cannabis;
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
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.
Any company that owns and controls the cultivation, manufacturing,
and retail sectors of their business.
[Added 8-8-2022 by Ord. No. 2022-08]
A.
The regulations of this article are subject to the enabling authority
of the State of New Jersey and are subject to compliance with all
statutes and/or regulations adopted by the State of New Jersey or
its instrumentalities, including the Cannabis Regulatory Commission.
If any provision of this article is inconsistent with state statutes
and/or regulations, the state statutes and/or regulations shall prevail.
B.
The purpose of this article is to enable the City of Bordentown to
take effective action to assure that all cannabis-related businesses
advance the requirements of their licensure as regulated by the State
of NJ, by ensuring the citizens of the City of Bordentown are provided
ample opportunity to participate within this new industry while advancing
community development initiatives, including, but not limited to,
public health, job training, enhanced recreational opportunities,
drug-prevention education, and social-justice-related programming
and/or support thereof. Once evaluations and recommendations are made
by the Committee, the Board of Commissioners could then be in a position
to provide an applicant a resolution of support for an application
to the State of New Jersey Cannabis Regulatory Commission. Conditional
license seekers will only gain such support when real property is
identified.
[Amended 8-8-2022 by Ord. No. 2022-08]
A.
The number of cannabis cultivators permitted within the City is set
at a maximum of two.
B.
The number of cannabis manufacturers permitted within the City is
set at a maximum of two.
C.
The number of cannabis retailers permitted within the City is set
at a maximum of two.
D.
The number of cannabis delivery services permitted within the City
is set at a maximum of one.
E.
Cannabis wholesalers and cannabis distributors are prohibited in
the City.
A.
No cannabis retailer shall be located within 1,000 feet of another
cannabis retailer within City limits and measured property line to
property line. Alternative treatment centers are not subject to this
proximity limitation. Alternative treatment centers and adult-use
cannabis retailers may be located on the same premises.
B.
Distance between cannabis retailers and schools. No cannabis business,
alternative treatment center, vertically integrated cannabis business,
or medical cannabis dispensary shall be located within a drug-free
school zone as defined herein.
[Amended 8-8-2022 by Ord. No. 2022-08]
[Amended 8-8-2022 by Ord. No. 2022-08]
The City Cannabis Advisory Committee (CAC) appointed by the
City governing body will act as the body for local review for the
City for all cannabis businesses. Where state law requires communication
to the City by the Cannabis Regulatory Commission or any other state
agency with regard to the licensing of cannabis businesses and where
state law requires any review or approval by the City of any action
taken by the state licensing authority, the exclusive authority for
receiving such communications and granting such approvals shall be
communicated through the City Administrator's office upon recommendation
by the City Cannabis Advisory Committee and authorized by the City's
governing body.
Under no circumstances shall a local license issued to a cannabis
business by the City Clerk be effective until the state has issued
the requisite licenses to operate such a business. It is the intent
of this article that no cannabis business may lawfully operate in
the City of Bordentown without the issuance of a state license and
full regulatory oversight of the cannabis business by the Cannabis
Regulatory Commission or other state licensing authority, as well
as the issuance of a cannabis business license by the City.
[Amended 8-8-2022 by Ord. No. 2022-08]
Persons or entities wishing to obtain any classification of
cannabis license shall file a license application with the Board of
Commissioners, on a standardized form established by the City and
made available in the City Administrator's office. The Commissioners
may establish a reasonable application period and deadline for all
applications through a request for proposals (RFP) if deemed appropriate.
An application shall be deemed incomplete, and shall not be processed
by the City Administrator and transmitted to the Cannabis Advisory
Committee, until all documents and application fees are submitted.
To be deemed complete, all applications shall be accompanied by the
following:
A.
The applicant shall submit proof that the applicant has or will have
lawful possession of the premises proposed for the cannabis business,
which proof may consist of: a deed, a lease, a real estate contract
contingent upon successful licensing, or a binding letter of intent
by the owner of the premises indicating an intent to lease the premises
to the entrant contingent upon successful licensing.
B.
The applicant shall submit an affidavit and documentary proof of
compliance with all state and local laws regarding affirmative action,
antidiscrimination, and fair employment practices. The applicant shall
also certify under oath that they will not and shall not discriminate
based on race, color, religion (creed), gender, gender expression,
age, national origin (ancestry), disability, marital status, sexual
orientation, or military status in any of its activities or operations.
C.
The location proposed for licensing by the applicant shall comply
with all applicable municipal zoning laws and the location restrictions
set forth in this Code with a conditional zoning permit required.
D.
The applicant shall submit, to the satisfaction of the Committee,
proof of financial capability to open and operate the cannabis establishment
for which the applicant is seeking a license. Standards for proof
of financial capability shall be presented in strict confidence as
determined by the requirements of the Cannabis Regulatory Commission.
E.
The applicant and the application shall otherwise comply with any
and all qualification standards set forth in the state and City laws
or regulations.
F.
The applicant shall address, at a minimum, the criteria established in § 139-8, in addition to the application developed by the Committee.
G.
The applicant shall submit an application fee in the amount of $5,000.
Microlicenses shall submit a fee of $1,000.
H.
Biannual registration fees. Upon obtaining a state license shall
submit biannual registration fees of $10,000. Microlicenses shall
submit a fee of $2,000.
I.
Transfer fees shall be 10% of sale of any license awarded a cannabis
business in the City of Bordentown or $10,000, whichever is greater.
A.
The Committee shall evaluate all applicants and issue a recommendation
to the Board of Commissioners after consideration and evaluation of
the criteria below. The Committee shall apply a score of 1 through
5 for each criterion below, as follows: 1 - Very Unsatisfactory; 2
- Unsatisfactory; 3 - Neutral; 4 - Satisfactory; 5 - Very Satisfactory.
A memorandum concerning the Committee's review shall be prepared and
sent to the Board of Commissioners. Presentation before the Board
of Commissioners shall be required of the entity seeking support.
Each application will be reviewed within the confines of the license
category being sought. (For example, a retail dispensary should focus
on customer service, marketing, branding and architectural presentation,
and public-access issues, while a cultivation, distribution, wholesale
operation on security, job environment, truck access and loading,
and security. Microlicenses should focus on their business plan and
tangentially related experiences and support structures.) Notwithstanding
the categories provided for herein, subjectivity in regard to personal
tastes and aesthetic matters should be restrained in favor of the
thoroughness and level of detail by which an applicant responds.
[Amended 8-8-2022 by Ord. No. 2022-08]
(1)
Applicant's owners' or principals' qualifications and experience
operating in highly regulated industries, including cannabis, health
care, pharmaceutical manufacturing, and retail pharmacies, etc., with
preference to experience operating such businesses within the State
of New Jersey.
(2)
Applicant's brand and proposal for the physical presence of the business,
including, but not limited to, the site's ability to meet all land
use regulations (parking, landscaping, signage, etc.), architectural
treatments, interior design and general customer experience (where
applicable).
(3)
A summary of the applicant's operational plans, including, but not
limited to, storage of products and currency, physical security, video
surveillance, security personnel, and visitor management.
(4)
Applicant's orientation to research and development of cannabis,
if any, including, but not limited to, its owners' experience conducting,
supporting, and/or their future plans to participate in institutional
review board-approved research related to medical cannabis, veterans'
affairs, or substance abuse. If appropriate, include whether the applicant
has had any assurance accepted by the U.S. Department of Health and
Human Services indicating the applicant's commitment to complying
with 45 CFR Part 46 (human subjects); and whether the applicant has
a research collaboration or partnership agreement in effect with an
accredited U.S. school of medicine, or osteopathic medicine with experience
conducting cannabis-related research, veterans' affairs, drug and
alcohol research, or other institutions of higher learning dedicated
to cannabis research.
(5)
Applicant's or its owners' demonstrated commitment or sufficient
experience as responsible employers, defined as the applicant entity
being a committed to a local program in collaboration with organizations
committed to the well-being of residents, specifically, but not necessarily
limited to, the City and surrounding service area. Provide evidence
in letters of support and agreements, including, but not limited to,
a local workforce hiring and development plan, community service,
collaborations with a university or specialized training facility,
such as, but limited to, vo-tech, and dedicated support to social
justice initiatives.
(6)
Summary of the applicant's environmental impact/mitigation, and sustainability
plan; whether the applicant entity or its parent company has any recognitions
from or registrations with federal or New Jersey State environmental
regulators for innovation in sustainability within the industry, or
plans accordingly; and whether the applicant entity or its parent
company holds any certification under international standards demonstrating
the applicant has an effective environmental management system or
has a designated sustainability officer to conduct internal audits
to assess the effective implementation of an environmental management
system.
(7)
Applicant's ties to the host community, demonstrated by at least
one shareholder's proof of residency in the City for five or more
years in the past 10 years, or at least one shareholder's continuous
ownership of a business based in town for five or more years in the
past 10 years.
(8)
Applicant's experience and/or commitment to community health-related
programs and associated charitable organizations, including, but not
limited to, particular attention toward prevention of drug and alcohol
abuse, including, but limited to, youth and vulnerable persons both
locally and regionally; and
(9)
Applicant's demonstrated commitment to diversity in its ownership
composition and hiring practices. Applicant should include any and
all commitments toward supporting and working with local microlicensees,
including, but not limited to, contracting with, and training/mentorship.
The applicant entity or its parent company holds any certifications
as a NJ minority-owned, women-owned, or veteran-owned business.
A.
Notwithstanding the foregoing competitive application process, a
notification of award and conditional municipal permit shall entitle
the recipient applicant to pursue a state license in the requisite
classification for up to 12 months, which may be extended, in the
Commissioners' discretion, for an additional six months for good cause.
No business may operate until the applicant has received a state license
and satisfied other prerequisites of municipal permit. If the recipient
of a notice of award and conditional permit has not received a state
permit or license within 12 months from issuance, unless extended
for good cause, the Administrator shall issue a new request for applications
and evaluate all applicants for licensure under the above criteria.
B.
Term of license and license renewals.
(1)
Any local license issued pursuant to this article that receives a
state cannabis license to operate shall be valid for a period of two
years from the date of state issuance and shall be renewed in accordance
with the provisions of this article.
(2)
The Committee may, at its discretion, adjust the renewal date of
the local license to correlate with an applicant's state licensing
and renewal schedule.
(3)
Renewal of any license shall be governed by any Code amendments,
additional restrictions or changes in regulations adopted since the
previous license was issued or renewed in addition to any history
of property maintenance and zoning code violations.
(4)
Transfer of ownership of any local license or change of location of any license or modification to expand a licensed premise shall be subject to Board of Commissioners review and commercial property/tenant transfers and associated inspections. Such review shall be in accordance with § 139-8, Evaluation (above).
[Amended 8-8-2022 by Ord. No. 2022-08]
(5)
Except where the Committee has received a complete renewal application
along with the requisite fees, and has issued a license renewal, it
shall be unlawful for any person to manufacture, sell, distribute,
transfer, transport, or otherwise remove cannabis or cannabis products
from the premises of any license after the expiration date recorded
on the face of the license.
C.
In the event more than one application for a cannabis business of
the same classification is submitted to the City which are either
too close in proximity to one another, or exceed the number of available
licenses, and if the applications otherwise comply with all the requirements
of this article and the Act, the City is not permitted to approve
all of the applications because of the limitations set forth in this
subsection. The Board of Commissioners shall make a determination
if reasonable accommodations can be made to eliminate the conflict
and/or expand the number of available City cannabis business licenses
awarded in any given year.
[Amended 8-8-2022 by Ord. No. 2022-08]
D.
Requests for a resolution of local support, pursuant to N.J.S.A.
24:6I-7.2, shall include a conditional local host agreement with the
City and shall be contingent upon state license approval. Upon receipt
of a state license, the local host agreement shall by fully executed.
No applicant shall commence operation in the City without execution
of an agreement.
E.
Award of local license. Resolutions of local support do not constitute final approval for local licensure. A local license shall only be granted after 1) a cannabis business receives a state license, 2) receives the requisite conditional use and site plan approval pursuant to Chapter 300, Zoning, of this Code, and 3) after demonstrated compliance with the other provisions of this article. Applicants shall appear before the Board of Commissioners, which shall review whether all prerequisites have been met and, if so, shall issue a resolution memorializing the issuance of a local license.
[Amended 8-8-2022 by Ord. No. 2022-08]
A.
Samples of cannabis products offered for sale may be displayed on
shelves, counters and display cases. All bulk cannabis products shall
be locked within a separate vault or safe, with no other items in
the safe, securely fastened to a wall or floor, as coordinated with
the Bordentown City Police Department and allowable under Cannabis
Regulatory Commission regulations and state legislation.
B.
Signage.
(1)
External signage, including window signage, must be limited to text
identifying the business and the logo for the business, provided that
said logo does not include a cannabis plant leaf and/or outward glorification
of cannabis consumption, where applicable.
(2)
All other City sign regulations must be complied with.
D.
Security and reporting.
(1)
Surveillance system.
(a)
Cannabis establishments shall be monitored at all times by closed-circuit
television surveillance system. Security cameras shall be in use 24
hours per day, seven days per week, and shall cover all cannabis dispensing
areas, storage areas, all doors and windows with access into the cannabis
business, parking areas, if applicable, and any other areas not mentioned,
if deemed necessary by the Chief of Police or his/her designee. The
surveillance system must be capable of providing surveillance of both
interior and exterior areas of the cannabis business and must be of
adequate quality, color rendition and resolution to allow the ready
identification of an individual on or adjacent to the site.
(b)
The security cameras must be internet protocol (IP) cameras
capable of providing real-time footage over the internet. Operators
must provide the Bordentown City Police Department with access to
this real-time camera footage in case of an emergency.
(c)
The recordings shall be maintained at the cannabis business
for a period of not less than 30 days and shall be provided to the
City Police Department within 24 hours of a written request from the
Police Department for any recordings.
E.
Outside areas of the premises and the perimeter shall be lit in accordance
with City regulations and all doors equipped with motion-sensored
lights.
F.
The Bordentown City Police Department shall be provided the name
and phone number of a staff person to notify of suspicious activity
during or after operating hours.
[Amended 8-8-2022 by Ord. No. 2022-08]
G.
Security staff is required on the premises during all hours of operation.
H.
The premises must only be accessed by authorized personnel and free
of loitering.
I.
All cultivation of cannabis shall take place in an enclosed, locked
facility.
J.
All currency over $1,000 shall be stored within a separate vault
or safe, not used for the storage of cannabis, securely fastened to
a wall or floor, as approved by the Bordentown City Police Department.
K.
Cannabis businesses shall comply with all security requirements as
established by state law and regulations, as they may be updated from
time to time, in addition to coordination with the Bordentown City
Police Department.
L.
No products to be visible from public places. Cannabis plants, products,
accessories, and associated paraphernalia contained in any cannabis
business shall not be visible from a public sidewalk, public street
or right-of-way, or any other public place. On-site storage of usable
cannabis shall comply with 21 CFR 1301.72.
M.
No beer or alcohol on premises. No fermented malt beverages and no
alcoholic beverages shall be kept, served or consumed on the premises
of a cannabis business.
N.
Storage of products. All products and accessories shall be stored
completely indoors and on-site in accordance with the Act and the
permitting authority regulations.
O.
Cannabis consumption areas. No consumption or smoking of any cannabis
products shall be allowed or permitted on the premises or adjacent
grounds of a cannabis business unless specially permitted through
a consumption area permit as part of a licensed cannabis retailer.
P.
Prevention of emissions and disposal of materials.
(1)
Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids and other substances from exiting the cannabis business
premises shall be provided at all times. In the event that any debris,
dust, fluids or other substances shall exit the business premises,
the property owner and operator shall be jointly and severally responsible
for the full cleanup immediately.
(2)
Businesses shall properly dispose of all materials and other substances
in a safe and sanitary manner in accordance with state regulations.
(3)
As applicable, cannabis businesses shall be equipped with ventilation
systems with carbon filters 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.
(4)
If carbon dioxide will be used in any cultivation area, sufficient
physical barriers or a negative air pressure system shall be in place
to prevent carbon dioxide from moving into the ambient air, into other
units in the same building or into an adjacent building in a concentration
that would be harmful to any person, including persons with respiratory
disease, and shall be inspected and approved by the Construction Official
and the Fire Marshall.
(5)
All state regulations concerning ventilation systems shall be followed.
Q.
Compliance with other codes. Any cannabis business and the adjacent
grounds of the cannabis business shall comply with all zoning, health,
building, fire, and other codes and ordinances of the City as shown
by completed inspections and approvals by the City Planner, Construction
Division, Fire Safety Division, and the City Health Department, if
applicable.
R.
No harm to public health, safety, or welfare. The premises of a cannabis
business, and any adjacent grounds thereto, shall be operated in a
manner that does not cause any substantial harm to the public health,
safety and welfare.
S.
Additional requirements. At the time a site plan approval is granted,
amended, or a major change to a cannabis business is approved, the
City may impose on the applicant any condition related to the proposed
use that is reasonably necessary to protect the public health, safety,
or welfare, not inconsistent with the permitting authority requirements,
including, but not limited to, the following:
(1)
Additional security requirements.
(2)
Limits and requirements on parking and traffic flows.
(3)
Requirements for walls, doors, windows, locks and fences on the premises
and adjacent grounds.
(4)
Limits on cannabis products that may be sold.
(5)
Requirements and limits on ventilation and lighting.
(6)
Limits on noise inside the licensed premises or on the adjacent grounds.
(7)
Prohibitions on certain conduct in the cannabis business.
(8)
Limits on hours of operation.
T.
Penalty for violation. Any violation of the provisions of this subsection
or the conditions of the zoning permit granted by a cannabis business
shall be punishable by a civil fine of up to $1,000. Each day that
a violation is committed, exists or continues shall be deemed a separate
and distinct offense. In addition, any violation of the provisions
of this subsection, or any conditions imposed by the zoning permit,
may result in the revocation of the zoning permit.
U.
Relationship to any redevelopment plan, and the City zoning and site
plan standards. To the extent any provisions of the City redevelopment
plans, zoning and site plan standards conflict with this article,
the provisions and standards of this article shall control.
A.
Disciplinary actions. Penalties for investigation of permit violations
and for suspension, revocation, or other permit sanctions as a result
of any such violation shall be as follows:
B.
Summary suspension. Notwithstanding the foregoing section, when the
Commissioners have reasonable grounds to believe that a licensee 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 Commissioners
may enter a summary suspension order for the immediate suspension
of the permit and notice to the Cannabis Regulatory Commission pending
further investigation.
(1)
The summary suspension order shall be in writing and shall state
the reasons therefor. The licensee shall be afforded an opportunity
for a hearing as outlined herein.
(2)
The Commissioners shall convene a review panel. The hearing shall
be scheduled within 30 days of the date of the order.
(3)
The review panel is authorized to impose any fines, conditions, restrictions,
suspensions, or combination thereof authorized by the State of New
Jersey. In the absence of state-specified penalties, the City may
issue fines up to, but not to exceed, $2,500 per offense and/or suspension
of license for a period not to exceed six months.
C.
Inactive licenses. Following the commencement of retail sales of
cannabis or cannabis products, the Administrator may suspend or revoke
any permit if a licensed premises has been inactive or unoccupied
by the licensee for at least six months.
D.
State license. The Commissioners may suspend or revoke any permit
if the corresponding state license for the subject location is expired,
surrendered, suspended, or revoked.
[Amended 8-8-2022 by Ord. No. 2022-08]
There is hereby established a medical cannabis transfer tax
in the City of Bordentown, which shall be fixed at a uniform percentage
rate of 2% on the purchase price of any medical cannabis dispensed
by a medical cannabis dispensary in the City, including medical cannabis
that is furnished by the dispensary to a medical cannabis handler
for delivery to a registered qualifying patient or the patient's caregiver,
and which shall be in addition to any other tax or fee imposed pursuant
to statute or local ordinance or resolution by any governmental entity
upon the dispensary.
A.
There is hereby established a local cannabis transfer tax in the
City of Bordentown which shall be fixed at a uniform percentage rate
of 2% of the receipts from each sale by a cannabis cultivator; 2%
of the receipts from each sale by a cannabis manufacturer; 1% of the
receipts from each sale by a cannabis wholesaler; and 2% of the receipts
from each sale by a cannabis retailer for every occupancy of a cannabis
establishment in the City of Bordentown.
[Amended 8-8-2022 by Ord. No. 2022-08]
B.
In addition to the tax established in Subsection A of this section, a user tax, at the equivalent transfer tax rates, is hereby established on any concurrent license holder, as permitted by Section 33 of P.L. 2021, c. 16 (N.J.S.A. 24:6I-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 Bordentown to any of the other license holder's establishments, whether located in this City or another municipality.
C.
Any transaction for which the transfer tax or user tax is imposed,
or could be 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 cannabis transfer tax shall be in addition to any other
tax or fee imposed pursuant to statute or local ordinance or resolution
by any governmental entity upon property or cannabis establishment.
A.
The transfer tax or user tax imposed by this article shall be collected
or paid and remitted to Bordentown City 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 City 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.
B.
Every cannabis establishment required to collect a transfer tax or
user tax imposed by ordinance pursuant to this article shall be personally
liable for the transfer tax or user tax imposed, collected, or required
to be collected under this article. Any cannabis establishment shall
have the same right with respect to collecting the transfer tax or
user tax from another cannabis establishment or the consumer as if
the transfer tax or user tax was a part of the sale and payable at
the same time, or with respect to nonpayment of the transfer tax or
user tax by the cannabis establishment or consumer, as if the transfer
tax or user tax was a part of the purchase price of the cannabis or
cannabis item, or equivalent value of the transfer of the cannabis
or cannabis item, and payable at the same time; provided, however,
that the Chief Financial Officer of Bordentown shall be joined as
a party in any action or proceeding brought to collect the transfer
tax or user tax.
C.
No cannabis establishment required to collect a transfer tax or user
tax imposed by this article shall advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the transfer tax or user tax will not be separately charged and
stated to another cannabis establishment or the consumer, or that
the transfer tax or user tax will be refunded to the cannabis establishment
or the consumer.
D.
All revenues collected from a transfer tax or user tax imposed by
ordinance pursuant to this article shall be remitted to the Bordentown
Chief Financial Officer on a quarterly basis payable for the prior
three month's activities and due at the same time as quarterly dates
for the collection of property taxes. The revenues due on February
1 of each year shall include all transfer taxes or user taxes collected
for the prior year months of October, November, and December. The
revenues due on May 1 of each year shall include all transfer taxes
and user taxes collected for the immediate prior months of January,
February, and March. The revenues due on August 1 of each year shall
include all transfer taxes and user taxes collected for the immediate
prior months of April, May, and June. The revenues due on November
1 of each year shall include all transfer taxes and user taxes collected
for the immediate prior months of July, August and September.
A.
The Chief Financial Officer shall collect and administer any transfer
tax or user tax imposed to this article.
B.
The municipality shall enforce the payment of delinquent taxes or
transfer fees imposed pursuant to this article in the same manner
as provided for municipal real property taxes.
C.
In the event that the transfer tax or user tax imposed by this article
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.
D.
A municipality 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.
