[Adopted 9-26-2022 by Ord. No. 2442]
A.
Local licensing authority.
(1)
The Mayor and Borough Council is hereby designated to act as the
local licensing authority for the Borough for all cannabis establishments.
Under all circumstances in which state law requires communication
to the Borough by the Cannabis Regulatory Commission or any other
state agency with regard to the licensing of cannabis establishments
by the state, or in which state law requires any review or approval
by the Borough of any action taken by the state licensing authority,
the exclusive authority for receiving such communications and granting
such approvals shall be exercised by the Mayor and Borough Council.
(2)
Under no circumstances shall a local license for a cannabis establishment
issued by the Mayor and Borough Council be effective until or unless
the state has issued the requisite permits or licenses to operate
such a facility. It is the intent of this chapter that no cannabis
establishment may lawfully operate in the Borough without the issuance
of a state permit or license and full regulatory oversight of the
cannabis establishment by the Cannabis Regulatory Commission or other
state licensing authority as well as oversight and issuance of a license
by the Borough.
C.
Maximum number of licenses. The Borough may issue a maximum of licenses
as follows:
(1)
Class I: Cannabis Cultivation license (including microbusinesses):
2.
(2)
Class II: Cannabis Manufacturing license (including microbusinesses):
2.
(3)
Class III: Cannabis Wholesale (including microbusinesses): 2.
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Any license conditionally issued by the Borough is contingent
upon the locally licensed entity's or individual's subsequent
receipt of a state permit or license of the same class or type of
regulated cannabis activity.
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D.
Application. Following receipt of an award of a license by the state,
persons wishing to obtain a local cannabis license shall file a license
application with the Mayor and Borough Council. An application shall
be deemed incomplete, and shall not be processed by the Mayor and
Borough Council, until all documents and application fees are submitted.
To be deemed complete, all applications shall be accompanied by the
following:
(1)
A cover letter identifying the applicant, the location of the operation,
and date it received an award of the license by the state;
(2)
A copy of the license awarded by the state;
(3)
A copy of the resolution of support received from the Borough;
(4)
The applicant shall submit proof that the applicant has or will have
lawful possession of the premises proposed for the cannabis establishment,
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.
(5)
The applicant shall submit an affidavit and documentary proof of
compliance with all state and local laws regarding affirmative action,
anti-discrimination 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.
(6)
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.
(7)
The applicant shall submit, to the satisfaction of the Mayor and
Borough Council, proof of financial capability to open and operate
the marijuana establishment for which the applicant is seeking a license.
Standards for proof of financial capability shall be determined by
the Mayor and Borough Council.
(8)
The applicant shall submit all required nonrefundable fees for the
application and conditional license in accordance with the following
fee schedule:
(9)
The applicant shall submit all annual registration fees required
in accordance with the following fee schedule, which shall be refunded
in the event the applicant does not receive a license:
(10)
In addition to complying with any state requirement related
to good character and criminal background, any person proposed to
have an ownership interest in the license shall not have had any cannabis
license or permit revoked for a violation affecting public safety
in the State of New Jersey or a subdivision thereof within the preceding
five years.
(11)
The applicant and the application shall otherwise comply with
any and all qualification standards set forth in the state and Borough
laws or regulations.
E.
Term of license and license renewals.
(1)
Any local license issued pursuant to this chapter shall be valid
for a period of one year from the date of issuance and shall be renewed
in accordance with the provisions of this chapter.
(2)
The Mayor and Borough Council 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.
(4)
Transfer of ownership of any local license, expansion of any licensed
establishment, or change of location of any license shall be subject
to Borough Planning review and zoning approval.
(5)
Except where the Mayor and Borough Council 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.
A.
Disciplinary actions. Procedures for investigation of license violations
and for suspension, revocation, or other licensing sanctions as a
result of any such violation shall be as follows:
B.
Summary suspension. Notwithstanding the foregoing section, when the
Mayor and Borough Council has 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 Mayor
and Borough Council may enter a summary suspension order for the immediate
suspension of such license pending further investigation.
(1)
The summary suspension order shall be in writing and shall state
the reasons therefore. The licensee shall be afforded an opportunity
for a hearing as outlined herein.
(2)
The Mayor and Borough Council shall convene a review panel consisting
of the Administrator, a second administrative officer designated by
the Mayor, and the Chief of Police. 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 Borough 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 Mayor and Borough Council may suspend
or revoke any license if the licensed premises have been inactive
or unoccupied by the licensee for at least six months.
D.
State license. The Mayor and Borough Council may suspend or revoke
any license if the corresponding state license or permit for the subject
location is expired, surrendered, suspended, or revoked.
