[9-8-2022 by Ord. No.
859]
a.
This chapter is enacted in accordance with the provisions of the
"New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act" (P.L. 2021, c. 16) (the "Act"), and the regulations
promulgated by the Cannabis Regulatory Commission ("CRC"), N.J.A.C.
17:30-1.1 et seq.
b.
The purpose of this chapter is to regulate the establishment and
operation of cannabis businesses in the Borough of Hopewell and to
specify the conditions and limitations applicable thereto.
[9-8-2022 by Ord. No.
859]
[9-8-2022 by Ord. No.
859]
a.
All applications for local support, all municipal approvals issued and all proceedings under this chapter shall be in accordance with the Act, regulations referred to in subsection 20-1.1 above, and all other applicable laws of the State of New Jersey.
b.
The provisions and standards set forth in this chapter are subject
to the enabling authority of the State of New Jersey, by and through
the CRC, and are subject to compliance with all statutes and/or regulations
promulgated and adopted by the State of New Jersey or its agencies.
c.
If any provision of this chapter is inconsistent with the statutes
and/or regulations of the State of New Jersey or its agencies, the
state statutes and/or regulations shall prevail.
[9-8-2022 by Ord. No.
859]
No cannabis business shall operate in the Borough without the
receipt of a state permit or license and full regulatory oversight
of the cannabis business by the CRC or other state licensing authority
and final issuance of a license by the Borough in accordance with
the provisions of this chapter.
[9-8-2022 by Ord. No.
859]
Only the following marketplace classes of cannabis businesses
shall be allowed to operate in the Borough, subject to the maximum
quantity limitations and requirements set forth herein and elsewhere
in this Code, and all other classes shall be prohibited:
[9-8-2022 by Ord. No.
859]
a.
Any person seeking to operate a cannabis retail or cannabis delivery
service in the Borough shall submit an application to the Borough
for local support, pursuant to the Act, and specifically N.J.S.A.
24:6I-45c and N.J.A.C. 17:30-5.1(g).
b.
Applications shall be solicited and submitted in accordance with
the following:
1.
Within 60 days of the effective date of this chapter, and thereafter
within 60 days of the availability of any new or existing license,
the Borough shall issue a request for applications from applicants
seeking to operate any class of cannabis business in the Borough.
2.
All responses to the request for applications shall be on standardized
forms issued by the Clerk's office and accompanied by the following
to be deemed complete:
(b)
A letter from the Borough Zoning Officer stating the proposed location of the requestor's cannabis business will conform to the Borough's zoning requirements, as set forth in Chapter 12 of the Code, allowing for activities related to the operations of the proposed cannabis business to be conducted at the location.
(c)
Proof that the requestor 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.
(d)
Affidavit and documentary proof of compliance with all state
and local laws regarding affirmative action, antidiscrimination and
fair employment practices. The requestor shall also certify under
oath that said applicant 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.
(e)
Affidavit or other documentary proof that 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.
(f)
A narrative describing how the requestor intends to comply with
the Borough's conditional use and licensing requirements.
(g)
Any other information and documents specifically to demonstrate
the applicant's financial sustainability, community benefits,
local hiring process, promotion of diverse ownership structures and
environmental sustainability.
c.
Applications, upon being deemed complete, shall be reviewed by the
Borough Administrator or designee, and scored based upon evaluation
criteria as listed within the request for applications, which shall
include, but not necessarily be limited to, financial sustainability,
community benefits, local hiring process, promotion of diverse ownership
structures and environmental sustainability. The highest scoring applicants
will then be referred to the Council for consideration of the issuance
of a "resolution of local support." The Borough Council shall take
action on a complete application within 30 days of receipt of same
by the Administrator's office.
d.
Notwithstanding the foregoing competitive application process, a
resolution of local support shall entitle the recipient applicant
to pursue a state permit or license in the appropriate classification
for up to six months, which may be extended in the Administrator's
discretion for an additional six months for good cause. No license
to operate shall issue until the applicant has received a state permit
or license and satisfied other prerequisites of municipal licensure.
If the recipient of a notice of award and local support has not received
a state permit or license within six months from issuance, unless
extended by the Administrator as set forth herein, then the Administrator
shall issue a new request for applications and evaluate all applicants
for licensure under the above criteria.
e.
Final approval from the Borough will be in the form of a local business license being issued pursuant to subsection 20-2.4 below.
f.
At no time shall the resolutions of local support issued by the Borough
for which a state permit or license is pending exceed the quantity
of available licenses in the Borough for the type of cannabis business
sought.
[9-8-2022 by Ord. No.
859]
a.
A license to operate a cannabis business shall be granted by the
Borough Council only when the applicant who has received a resolution
of local support has:
1.
Received a state permit or license authorizing the operation of the
cannabis business in the Borough by the CRC or other state licensing
authority;
2.
Received conditional use and site plan approval from the Planning
Board;
3.
Complied with all elements of its concept plan;
4.
Complied with any other applicable Borough ordinance; and
b.
Except as otherwise provided immediately below, each municipal license
shall be effective from January 1 until December 31 and shall be annually
renewed upon the submission of an application and renewal fee, provided
all conditions and requirements of applicable state law and this chapter
are met. The Borough may, at its discretion, adjust the renewal date
of the municipal approval to correlate with an applicant's state
licensing and renewal schedule.
1.
A new license shall be effective upon its issuance. If issued after
January 1, then the license shall be in effect for its initial term
until December 31 of the following calendar year.
[9-8-2022 by Ord. No.
859]
a.
The application and annual fees for cannabis licenses in the Borough
shall be as follows:
|
Class of License
|
Application Fee
(nonrefundable)
|
Annual Registration (License) Fee
(refunded in the event the applicant does not receive a license)
|
|---|---|---|
|
Class 5 Cannabis Retailer
|
$2,000
|
$2,000
|
|
Class 6 Cannabis Delivery Service
|
$2,000
|
$2,000
|
b.
The annual license fee shall be paid on or before January 1 and shall cover the time period from January 1 until December 31, except for the first year a license is issued, as more specifically set forth in subsection 20-2.4b1 above.
c.
Licenses issued pursuant to this chapter shall be personal to the
licensee and shall not be transferable.
d.
A separate license shall be required for each class of cannabis business,
and a separate application fee and registration fee shall be charged
for each type of license.
[9-8-2022 by Ord. No.
859]
Any suspension, revocation or nonrenewal of a CRC-issued license
or permit for the operation of any cannabis business, or any adjudication
of felony criminal guilt by the cannabis business or any of its principals,
shall constitute an automatic revocation of a local license issued
pursuant to this chapter, at which time the operation shall immediately
cease. A criminal conviction voids and prohibits any future reinstatement
of a local license.
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859]
Any violation of the terms of this chapter, of any condition of the license, or of any state or local law, regulation or provision of this Code may result in the revocation of a license authorized under this chapter, and may further subject the licensee to any applicable penalties, including but not limited to the general penalties set forth in subsection 3-11.1 of this Code.
[9-8-2022 by Ord. No.
859]
The provisions of this chapter shall be enforced by the Hopewell
Township Police Department or any other organization duly authorized
to provide law enforcement services to the Borough, Borough Zoning
Officer and/or Borough Health Officer as appropriate based on the
nature of the violation.
[9-8-2022 by Ord. No.
859]
The purpose of section 20-5 et seq. is to implement the provisions of the Act, set forth at N.J.S.A. 40:48I-1, which authorize a municipality to impose transfer and user taxes on cannabis establishments.
[9-8-2022 by Ord. No.
859]
[9-8-2022 by Ord. No.
859]
a.
All cannabis businesses operating in the Borough shall be subject
to the following transfer tax on the sale of cannabis or cannabis
related items:
1.
Class 5 Cannabis Retailers: 2% of the receipts from each sale.
b.
The transfer tax imposed pursuant to this section shall be in addition
to any other tax or fee imposed pursuant to statute or local ordinance
or resolution by any governmental entity with regard to cannabis.
c.
Any transaction for which the transfer tax is imposed shall be exempt
from the tax imposed under the "Sales and Use Tax Act," N.J.S.A. 54:32B-1
et seq.
d.
The transfer tax shall be collected or paid, and remitted to the
Borough by the cannabis business purchasing or receiving the cannabis
or cannabis item. The transfer 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.
[9-8-2022 by Ord. No.
859]
a.
Any concurrent license holder operating more than one cannabis business
shall be subject to a 2% user tax. 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 this section,
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 in another municipality.
b.
The user tax shall be in addition to any other tax or fee imposed
pursuant to statute or local ordinance or resolution by any governmental
entity with regard to cannabis. Any transaction for which the user
tax is imposed, is exempt from the tax imposed under the Sales and
Use Tax Act, N.J.S.A. 54:32B-1 et seq.
c.
The 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.
[9-8-2022 by Ord. No.
859]
In accordance with the provisions of the Act:
a.
Every cannabis establishment required to collect the transfer and
user taxes imposed by this chapter shall be personally liable for
the transfer and user tax imposed, collected, or required by this
chapter and the Act.
b.
Any cannabis establishment collecting a transfer tax or user tax
shall have the same right with respect to collecting the tax from
another cannabis establishment or the consumer as if the tax was a
part of the sale and payable at the same time. With respect to nonpayment
of the transfer tax or user tax by the cannabis establishment or consumer,
as if the tax was part of the purchase price of the cannabis or cannabis
item and payable at the same time, provided that the Borough's
chief financial officer is 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 the transfer and user
taxes 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 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.
[9-8-2022 by Ord. No.
859]
a.
All revenues collected from the transfer tax and user tax imposed
pursuant to this chapter shall be remitted to the Borough's chief
financial officer on a monthly basis.
b.
The chief financial officer shall enforce the payment of delinquent
taxes or transfer fees imposed by this chapter 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 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 Borough 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 Borough taxes, and shall be on a
parity with and deemed equal to the Borough lien on the parcel for
unpaid property taxes due and owing in the same year.
d.
The Borough shall file in the office of its Tax Collector a statement
showing the amount and due date of the unpaid balance of cannabis
taxes 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.
e.
No licensed cannabis establishment operating in the Borough shall
be permitted to renew a license issued pursuant to this chapter should
any transfer or user tax imposed hereunder be delinquent.
