[Adopted 4-11-2022 by Ord. No. 705]
A. 
As used in this article, the following terms shall have the meanings indicated:
ACT
Public Law 2021, c. 16, commonly known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," codified at N.J.S.A. 24:61-31 et seq.
BOROUGH
Borough of Buena.
CANNABIS
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 the Act 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.
CANNABIS ADVISORY COMMITTEE (CAC)
A committee created for the purpose of reviewing and grading all applicants and proposals for the receipt of any cannabis business within the Borough and consisting of the following:
[Added 1-23-2023 by Ord. No. 719]
(1) 
Mayor or designee.
(2) 
Two members of the governing body appointed by the governing body.
(3) 
Borough Zoning Officer.
[Amended 9-25-2023 by Ord. No. 735]
(4) 
Business Administrator.
(5) 
Director of Public Safety.
(6) 
One business owner operating a business and residing within the Borough to be chosen by a majority of members of the CAC after review of pertinent information including type of business and curriculum vitae of person interested in serving. Service shall be for a period of one year from appointment or until reappointed or replaced.
[Added 9-25-2023 by Ord. No. 735; amended 11-27-2023 by Ord. No. 740]
CANNABIS BUSINESS
Any person or entity that holds any of the six classes of licenses established under the Act.
CANNABIS CULTIVATOR
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.
CANNABIS DELIVERY SERVICE
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.
CANNABIS DISTRIBUTOR
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.
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
CANNABIS MANUFACTURER
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.
CANNABIS PRODUCT
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:
(1) 
Usable cannabis by itself; or
(2) 
Cannabis extract by itself; or
(3) 
Any other cannabis resin by itself.
CANNABIS RETAILER
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.
CANNABIS TAX
Collectively, the taxes as are established in this article.
CANNABIS WHOLESALER
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.
LICENSEE
Any person or entity that holds a license issued under the Act, 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, or a Class 6 Cannabis Delivery license, and includes a person or entity that holds a conditional license for a designated class.
MICROBUSINESS
Any person or entity licensed 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:
(1) 
Employ no more than 10 employees;
(2) 
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;
(3) 
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;
(4) 
Acquire each month, in the case of a cannabis manufacturer, no more than 1,000 pounds of usable cannabis;
(5) 
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
(6) 
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.
B. 
Any term not defined herein shall have the meaning as established by Section 40 of Public Law 2021-16 (N.J.S.A. 24:61-33).
It is the intent of this article to establish the regulatory framework to implement the provisions of the Act, including the imposition of cannabis taxes, as permitted by Section 40 of the Act, at a uniform percentage rate not to exceed 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, which shall be in addition to any other tax or fee imposed pursuant to any other statute or local ordinance or resolution by any governmental entity having regulatory authority over the cannabis establishment.
Cannabis cultivators, manufacturers, wholesalers, distributors, retailers, and delivery services are permitted uses in the Borough in accordance with the standards set forth in Chapter 150, titled "Land Use."
A. 
Maximum number of licenses. The Borough may issue not more than four Class I Cannabis Cultivator Licenses; not more than four Class II Cannabis Manufacture Licenses; not more than one Class III Cannabis Wholesaler Licenses; not more than one Class IV Cannabis Distributor Licenses, not more than one Class V Cannabis Retailer Licenses and not more than one Class VI Cannabis Delivery Service License. Licensure in all classes may be, but are not required to be, held by the same entity or individual. Any license conditionally issued by the Borough is contingent upon the locally licensed entities or individual's subsequent receipt of a state license or permit of the same class or type of regulated cannabis activity. Under no circumstance shall a local permit or conditional license for a cannabis establishment issued through the Borough be effective until the State has issued the requisite licenses to operate such a facility.
[Amended 1-23-2023 by Ord. No. 719; 9-25-2023 by Ord. No. 735; 11-27-2023 by Ord. No. 739]
B. 
Local licensing authority. The Borough Council shall constitute the issuing authority for the issuance of a local license and for the suspension or revocation of any license issued hereunder.
C. 
Application.
(1) 
In order to obtain a cannabis license, application must be made to the Borough of Buena, Office of the Clerk and Cannabis Advisory Committee. The Borough Cannabis Advisory Committee (CAC) shall act as the body for local review for the Borough for all cannabis establishments permitted herein; however, the authority to award, suspend or revoke such license remains with the Borough Council. The application shall be on standardized forms established by the CAC and available in the office of the Business Administrator once the Borough has issued a request for proposal (RFP) of the unissued and available licenses. The CAC shall establish a reasonable application period and deadline for all applications and shall include sufficient notice of the application period opening. The CAC may request proposals for one or more licenses in their sole discretion. An application shall be deemed incomplete and shall not be processes by the CAC until all documents and application fees are submitted and approved by the Solicitor or special counsel. The CAC shall advise the governing body and Mayor as to the issuance of cannabis business licenses within the Borough, and such review shall be based upon the information contained in a request for proposals issued by the governing body and must contain the following to be considered complete:
[Amended 1-23-2023 by Ord. No. 719]
(a) 
A nonrefundable application fee of $1,000.
(b) 
A photo copy of a valid, unexpired driver's license or state-issued identification card for all owners, directors and officers of the proposed establishment.
(c) 
A signed application (available in the Clerk's office) which must include all of the following information and documents:
[1] 
If the applicant is an individual, the applicant's name, date of birth, social security number, physical address, including residential and any business address or addresses, copy of government-issued photo identification, email address, one or more valid phone numbers including emergency contact information; or
[2] 
If the applicant is not an individual, the names, dates of birth, physical address, including residential and any business address, copy of government-issued photo identifications, email address, and one or more phone numbers of each stakeholder of the applicant entity, including designation of the highest ranking officer or representative as an emergency contact person, contact information of the emergency contact person, copy of articles of incorporation or organization, assumed name registration, copy of Internal Revenue Service EIN confirmation letter, copy of the operating agreement of the applicant, if a limited-liability company, copy of the partnership agreement, if a partnership, names and addresses of the beneficiaries, if a trust or a copy of the bylaws or shareholder agreement if a corporation and New Jersey business registration certification.
(d) 
The names addresses, phone numbers, and email addresses of three professional references with whom the applicant (or highest ranking representative if an entity) has or had professional business dealings and a brief description of the professional relationship to the references(s).
(e) 
Consent to perform a background check/investigation by the Borough of Buena.
(f) 
A description of the proposed establishment type with applicable license class.
(g) 
A copy of the odor mitigation plan.
(h) 
Background of the applicant, including past ownership interest in a business operating in the State of New Jersey and experience in the cannabis industry in this state or other states.
(i) 
Area impact, including the proximity of the cannabis establishment to properties zoned or used residentially and plans for litter control, loitering, neighborhood outreach, noise mitigation, and resident safety.
(j) 
Financial investment, including future expansion and proposed capital investment, the applicant's ownership interest in the physical location of the cannabis business and whether it is a minority-based enterprise (MBE) or women-based enterprise (WBE).
(k) 
Business plan, financial plan and marketing and promotion plan.
(l) 
For equitably owned and applicant-owned properties and/or structures:
[1] 
If a parcel and/or existing structure/building is equitably owned (e.g., where the applicant has a lease, option, land contract, or other future interest in the property and the owner is a person or entity other than the applicant), the property owner's signature(s) will be required in addition to that of the applicant.
[2] 
For an existing structure or building, written consent for the Borough to inspect the establishment at any time during normal business hours to ensure compliance with applicable laws and regulations.
[3] 
A location area map of the establishment and surrounding area that identifies the relative locations and the distances (closest property line to the subject cannabis establishment's building) to the closest real property comprising a public or private pre-elementary, elementary, vocational or secondary school, any house of worship, public playground or park or governmental building.
[4] 
A copy of all documents submitted by the applicant to the state in connection with the application for a state operating license under the CREAMM.
[5] 
A copy of all documents issued by the state indicating that the applicant has been prequalified or qualified for a state operating license, including any correspondence granting a conditional license.
[6] 
Projection for anticipated capital investments to be made in the property/structure (if any) and the number of jobs to be created.
[7] 
Submission of a security plan for the site and its operations to be reviewed by the Chief of Police servicing the Borough.
[8] 
Submission of an odor mitigation plan and strategy.
[9] 
Existence and names of currently licensed cannabis facilities in New Jersey and other states and a history of compliance with applicable regulations.
[10] 
Employee outreach for jobs within Buena Borough and factors in recruitment for most qualified candidates.
[11] 
Traffic and crowd management strategies, including police coverage for activities during peak hours.
[12] 
Assistance in community support, public outreach and municipal sponsored educational programs.
[13] 
Community impact fees and an outline of the benefits the applicant will provide to the Borough should a license be issued.
(2) 
Evaluation of award. All applicants shall submit their proposal and shall make a presentation in person to the CAC. The CAC reserves the right to schedule a public meeting with the applicant to consider the application and proposal. The CAC shall consider the application, proposal submitted as well as the proposed terms of a host community agreement including at least the specified terms and conditions contained herein as well as any other matter the applicant wishes the CAC to consider.
(a) 
Each member of the CAC shall grade the submissions utilizing a 100-point total. Each member shall grade the submissions based upon the number of points they feel are appropriate in each category or item in their sole discretion, and the applicant with the most overall points shall be recommended to the governing body, which may accept or reject the recommendations. Should they reject the recommendations, the reasons for such rejection shall be placed upon the record by way of a resolution outlining the reasons for the same.
(b) 
Notwithstanding the RFP process hereinabove specified, a notification of a conditional municipal license award shall entitle the recipient applicant to pursue a state annual license in the requisite license classification. Such conditional municipal license approval shall remain valid for not more than 12 months, which may be extended for an additional three months for good cause in the governing body's sole discretion. No cannabis business may operate unless they have received a state annual license, executed a host community agreement, satisfied all other prerequisites of the municipal license and obtained a CO or TCO for the improvements.
(3) 
Host community agreement. Upon a recommendation for the issuance of a license, an applicant must execute a host community agreement which contains all of the proposals submitted by the applicant in the request for proposals as well as the factors contained this section and such other proposals submitted by the applicant.
(4) 
Final authorization. For applicants that have an equitable interest in the property, the Borough may grant final license approval, subject to compliance with all site plan requirements and construction rules and regulations including the issuance of a CO or TCO, if the applicant:
(a) 
Submits an application for authorization from the Buena Borough Land Use Board within 30 days of receiving conditional authorization and posts necessary escrow funds to appear before the Land Use Board.
(b) 
For existing structures, obtains a CO or TCO within 180 days of receiving conditional authorization.
(c) 
For unimproved land or land upon which a structure exists and will be demolished, obtains Land Use Board approval within 180 days of receiving conditional authorization.
(d) 
Obtains a recommendation from the Chief of Police or his/her designee that an establishment's proposed security plan for the site and operations meets best practices standards.
(e) 
Receives required operating licenses and approvals from the state within 180 days after conditional authorization is granted.
(f) 
Should the applicant fail to satisfy any of the deadlines established above for final municipal authorization, the Borough reserves the right to withdraw municipal authorization but may extend any deadlines upon a showing of good cause in the sole opinion of the Borough.
D. 
License fee. Upon the approval of a municipal license, the applicant shall submit a nonrefundable annual fee of $10,000 to cover the municipal costs associated with the cannabis business.
[Amended 1-23-2023 by Ord. No. 719]
E. 
Issuance. Upon approval of an application, the Borough Council shall, by resolution, issue a license to operate a cannabis business in the Borough.
F. 
Suspension or revocation. Any license required by this article may be suspended or revoked for violation of any of the following:
(1) 
Subsequent knowledge of fraud, misrepresentation or incorrect statements provided by an applicant on the application form.
(2) 
Any fraud, misrepresentation, or false statements made in conducting the cannabis business.
(3) 
Any violation of the Act or the rules and regulations of the Cannabis Regulatory Commission.
(4) 
Subsequent conviction of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the cannabis business in a professional, honest and legal manner. Such violations shall include, but are not limited to, violations of Chapter 35 of Title 2C of the New Jersey Statutes, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person.
(5) 
Violation of any other provision of this chapter.
G. 
Notice of hearing. Notice of a hearing to consider the suspension or revocation of a license under the preceding subsection shall be given in writing by the Borough Clerk, setting forth the grounds of the proposed action and the time and place of the hearing. Such notice shall be personally delivered, or mailed, by certified and regular mail, to the licensee at the address indicated on the license application, at least 10 days prior to the date of the hearing.
H. 
Appeal. Any person whose permit is suspended or revoked under this section shall have the right to appeal that decision to a court of competent jurisdiction.
A. 
Consumption of cannabis products in public is prohibited.
B. 
The sale of cannabis products to visibly intoxicated individuals is prohibited.
C. 
Cannabis businesses operating as a retail location shall not open before 3:00 p.m. and shall close on or before 8:00 p.m. All other cannabis businesses shall not open before 6:00 a.m. and shall close on or before 10:00 p.m.
[Added 1-23-2023 by Ord. No. 719]
D. 
Cannabis shall not be used, smoked, ingested or otherwise consumed on the premises of any cannabis business or elsewhere in the Borough of Buena except within private residences.
[Added 1-23-2023 by Ord. No. 719]
E. 
No outdoor storage of cannabis or cannabis products is permitted at any time.
[Added 1-23-2023 by Ord. No. 719]
F. 
No consumption lounges or consumption area shall be permitted within the Borough of Buena.
[Added 1-23-2023 by Ord. No. 719]
G. 
No outdoor grow area or agricultural greenhouse for cannabis cultivation shall be permitted within the Borough of Buena.
[Added 1-23-2023 by Ord. No. 719]
H. 
The sale of non-cannabis food, non-cannabis beverages, alcohol or tobacco or consumption of food beverages, alcohol or tobacco on the premises retailer.
[Added 1-23-2023 by Ord. No. 719]
I. 
The residential use of any cannabis business.
[Added 1-23-2023 by Ord. No. 719]
A. 
Tax established. There is hereby established a local cannabis transfer tax on the sale of cannabis or cannabis products by a cannabis establishment located in the Borough. The tax is hereby imposed on the receipts from the sale of cannabis by a cannabis cultivator to another cannabis cultivator; receipts from the sale of cannabis or cannabis products from one cannabis establishment to another cannabis establishment; receipts from the retail sales of cannabis or cannabis products by a cannabis retailer to retail consumers who are 21 years of age or older; or any combination thereof. Sales by a cannabis establishment located in the Borough are subject to the tax established herein even if the cannabis or cannabis products are delivered to another municipality.
B. 
Rate. The amount of the tax shall be 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.
C. 
User tax. 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) and N.J.S.A. 40:48I-1, operating more than one cannabis establishment. The user tax shall be imposed on the value of each transfer or use of cannabis or cannabis products not otherwise subject to the transfer tax imposed pursuant to Subsection A of this section from the licensee's establishment that is located in the Borough to any of the other licensee's establishments, whether located in the Borough or another municipality.
D. 
The cannabis tax set forth in this section shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance on a cannabis establishment.
A. 
The cannabis tax imposed by this chapter shall be collected or paid and remitted to the Borough by the cannabis establishment from the cannabis establishment purchasing or receiving the cannabis or cannabis product, or from the consumer at the point of sale, on behalf of the Borough 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 cannabis tax imposed by this chapter shall be personally liable for the cannabis tax imposed, collected, or required to be collected under this chapter. Any cannabis establishment shall have the same right with respect to collecting the cannabis tax from another cannabis establishment or the consumer as if the cannabis tax was a part of the sale and payable at the same time, or with respect to nonpayment of the cannabis tax by the cannabis establishment or consumer, as if the cannabis tax was a part of the purchase price of the cannabis or cannabis product, or equivalent value of the transfer of the cannabis or cannabis product, and payable at the same time.
C. 
No cannabis establishment required to collect a cannabis tax imposed by this chapter shall advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the cannabis tax will not be separately charged and stated to another cannabis establishment or the consumer, or that the cannabis tax will be refunded to the cannabis establishment or the consumer.
D. 
All cannabis tax imposed by this chapter shall be remitted to the Chief Financial Officer of the Borough 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 cannabis taxes collected for the prior year months of October, November and December. The revenues due on May 1 of each year shall include all cannabis taxes collected for the immediate prior months of January, February and March. The revenues due on August 1 of each year shall include all cannabis taxes collected for the immediate prior months of April, May and June. The revenues due on November 1 of each year shall include all cannabis taxes collected for the immediate prior months of July, August and September.
E. 
Simultaneous with payment of the cannabis tax, the licensee shall submit an affidavit signed by an individual who is responsible for the licensee that certifies the total receipts from each sale so that an accurate calculation of the cannabis tax due may be determined.
F. 
The Borough shall enforce the payment of delinquent cannabis taxes imposed pursuant to this chapter in the same manner as provided for municipal real property taxes. In the event that the cannabis tax imposed by this chapter 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. The Borough shall file in the office of the 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.
G. 
Upon written request of the Borough, a cannabis establishment shall submit an auditor's report for the preceding fiscal or calendar year, certified by a certified public accountant, to the Borough. The auditor's report shall include, but not be limited to, all receipts generating cannabis taxes, and such details as may relate to the financial affairs of the cannabis establishment and to its operations and performance, and shall be prepared in a manner consistent with the current standards of the Financial Accounting Standards Board. Said auditor's report shall be submitted to the representatives of the Borough within 30 days of receipt by the cannabis establishment of the Borough's request for said auditor's report.