[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodbury Heights as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-21-2021 by Ord. No. 13-2021]
[Amended 10-19-2022 by Ord. No. 20-2022]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L.2021,
c.16), all cannabis establishments, cannabis distributors or cannabis
delivery services are hereby prohibited from operating anywhere in
the Borough of Woodbury Heights, except for the delivery to consumers
of cannabis items and related supplies by a delivery service. This
prohibition shall also apply in those parts of the Borough of Woodbury
Heights under the jurisdiction and authority of any state agency,
commission, or authority.
[Amended 10-19-2022 by Ord. No. 20-2022]
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in Section
3 of P.L.2021, c.16, but not the delivery of cannabis items and related
supplies by a delivery service, are prohibited within the entirety
of the Borough of Woodbury Heights.
[Added 10-19-2022 by Ord. No. 20-2022]
A.
State licensed
Cannabis Manufacturing (Class 2) facilities are permitted as a conditional
use in the LI -Light Industrial Zoning District.
(1)
Any
business duly licensed by the State of New Jersey to conduct legal
adult use cannabis operations, as defined by State law, may operate
within the noted zones so long as: (i) the entity maintains its State
license in good standing; and (ii) the entity otherwise remains in
full compliance with the laws and regulations established by the State
of New Jersey and the Cannabis Regulatory Commission, as may be amended.
(2)
Any
licensed Cannabis facility shall provide a copy of its license issued
by the Commission to the Police Department no later than 30 days prior
to the commencement of any operations. A licensed Cannabis facility
shall insure that a current license is on file with the Police Department
at all times. A copy of the current license issued by the Commission
shall be posted within the licensed Cannabis facility at all times
at a location readily visible by any and all patrons of the facility.
(3)
No license
to operate within the Borough shall be granted or renewed without
such evidence as may be required by the Borough Clerk's Office to
determine that the entity maintains all valid State and/or departmental
licenses and approvals, and that all such licenses and/ or approvals
remain in good standing at the time of registration.
(4)
Any
Cannabis facility must receive conditional use and site plan approval
from the Planning Board.
[Added 10-19-2022 by Ord. No. 20-2022]
A.
State licensed
Retail (Class 5) Facilities are permitted as a conditional use in
the HC-Highway Commercial Zoning District.
(1)
Any
business duly licensed by the State of New Jersey to conduct legal
adult use cannabis operations, as defined by State law, may operate
within the noted zones so long as: (i) the entity maintains its State
license in good standing; and (ii) the entity otherwise remains in
full compliance with the laws and regulations established by the State
of New Jersey and the Cannabis Regulatory Commission, as may be amended.
(2)
Any
licensed Cannabis facility shall provide a copy of its license issued
by the Commission to the Police Department no later than 30 days prior
to the commencement of any operations. A licensed Cannabis facility
shall insure that a current license is on file with the Police Department
at all times. A copy of the current license issued by the Commission
shall be posted within the licensed Cannabis facility at all times
at a location readily visible by any and all patrons of the facility.
(3)
No License
to operate within the Borough shall be granted or renewed without
such evidence as may be required by the Borough Clerk's Office to
determine that the entity maintains all valid State and/or departmental
licenses and approvals, and that all such licenses and/or approvals
remain in good standing at the time of registration.
(4)
Any
Cannabis facility must receive conditional use and site plan approval
from the Planning Board.
[Adopted 5-18-2022 by Ord. No. 11-2022]
[Amended 10-19-2022 by Ord. No. 20-2022]
A.
The cannabis transfer tax in Woodbury Heights shall be fixed at a
uniform percentage rate of 2% on all sales or transfers of cannabis
products from any of the cannabis establishments that are located
within the geographical boundaries of the Borough. This tax shall
be imposed on:
(1)
Receipts from the sale of cannabis items from one cannabis establishment
to another cannabis establishment.
B.
A user tax is hereby also established at the same rate of the transfer tax as contained herein and 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, from the license holder's establishment that is located in the Borough to any of the other license holder's establishments, whether located in the Borough or another municipality. The transfer tax or user tax imposed by this section shall be in addition to any other tax imposed by law. 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 (N.J.S.A. 54:32B-1 et seq). The transfer tax or user tax will be assessed and collected pursuant to established State Law and Administrative Rules and regulations regarding same.
