A. 
Permitted licenses. Those businesses possessing a license issued by the State of New Jersey to operate and a Class 1, Class 2, Class 3, or Class 4, adult-use license pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), may operate within the Borough of Leonia, subject to all of the provisions of this ordinance and all applicable state standards and regulations.
B. 
Prohibited licenses. Class 5 Retail license and Class 6 Distribution license are strictly prohibited in the Borough of Leonia. The delivery of cannabis items and related supplies by a Class 6 license holder located outside of the Borough of Leonia shall be permitted.
The Borough of Leonia expressly permits four total cannabis licenses to operate within the Borough limits as follows:
A. 
Three Class 1 adult-use cultivation license;
B. 
Three Class 2 adult-use manufacturing license;
C. 
Three Class 3 adult-use wholesaler license; and
D. 
Three Class 4 adult-use distributor license;
A. 
It shall be unlawful for any person or any corporate entity to operate a cannabis establishment without first having procured an annual license from the Borough Clerk's Office.
B. 
License fees; renewal; late fees.
(1) 
A cannabis establishment permitted to operate in the Borough shall pay to the Borough a prorated annual license fee of $20,000.
(2) 
The licenses issued shall be effective for the calendar year, expiring on the 31st day of December of the year of issue, and may be renewable upon application for succeeding calendar years thereafter. The fee for license renewals shall be due and payable on or before the first day of February in the year of renewal or be subject to late fees.
(3) 
Late fees. A late fee of $100 shall be charged for renewal licenses which are not paid on/or before February 1 of the license year. An additional $75 shall be charged for each thirty-day period that the license fee is not paid after February 1 of the license year.
C. 
Application for license.
(1) 
Any person or persons, corporation or corporations desiring to conduct, maintain or operate any of the aforementioned businesses within the Borough of Leonia shall complete the designated application form.
(2) 
Applications shall be submitted to the Borough Clerk and will be deemed complete upon submittal of all documentation and information described in herein to the satisfaction of the governing body.
(3) 
Subject to the provisions set forth below, licensing for a cannabis establishment will be on a reserve basis based on the order the application form is received until the number of permitted licenses is reached. A licensee's failure to submit a fully completed cannabis establishment application after a period of 90 days from the original date of submittal shall constitute a basis for the governing body to deem the application expired and subject the licensee to a loss of the reserve space.
(4) 
No further applications will be accepted when the Borough has obtained the number of application forms totaling the number of available licenses permitted by ordinance.
(5) 
The following documentation and information shall be provided in order for the application to be deemed complete and the license issued:
(a) 
A copy of the current state-approved license.
(b) 
The proposed days and hours of operation;
(c) 
Security plan;
(d) 
Environmental impact and sustainability plan;
(e) 
Water and energy consumption plan detailing anticipated water and energy consumption.
(f) 
Host community plan;
(g) 
A proposed signage plan;
(h) 
A plan describing the mitigation measures and ventilation system that will be used to prevent any odor of cannabis off the premises;
(i) 
The name(s) and location(s) of the offsite cultivation facilities associated with a dispensary; and
(j) 
Such other information or documentation as determined to be necessary to assess compliance with the requirements set forth or referenced herein.
D. 
Notification of award. Upon completion of the requirements set forth in Subsection B above, a notification of award shall be issued pursuant to resolution by the governing body. The Borough Clerk's Office shall then issue the annual license.
E. 
Inspection.
(1) 
Every cannabis establishment licensed to operate in the Borough shall be subject inspection by Borough officials or agents, during reasonable hours, without prior notice. Failure or refusal on the part of the licensed cannabis establishment or his agents or servants to permit such inspection, maybe subject to suspension or revocation of the license.
(2) 
Should an inspection result in a documented violation in the form of a complaint, the cannabis establishment must rectify the violation according to the complaint or be subject to a suspension or revocation of the license.
F. 
Revocation, suspension or cancellation of licenses; hearing.
(1) 
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the governing body for the willful violation by the licensee of any provision of the Borough Code.
(2) 
Summary suspension. If the Borough Council has reasonable grounds to believe that a licensee has engaged in deliberate and willful violation of any provision of this the Borough Code or upon proof that the public health, safety, and/or general welfare has been jeopardized and requires emergency action, the Borough Council may enter a summary suspension order for the immediate suspension of such license pending a public hearing.
(3) 
A public hearing shall be scheduled within 30 days of the summary suspension order. Said order shall contain the time and place of the public meeting.
(4) 
Written notice of the time and place of such hearing shall be served upon the cannabis establishment at least 10 days prior to the date set for such hearing. Notice may be given either by personal delivery thereof to the person to be notified or by certified mail, returned receipt to the business address appearing upon said license.
(5) 
Upon due consideration and deliberation based on the record evidence presented, the governing body may issue a fine not to exceed $2,500 per violation and issue a temporary suspension of the license not to exceed three months, or may revoke the license in its entirety.
(6) 
If any such license shall have been revoked, neither the holder thereof nor any person acting for him/her, directly or indirectly, shall be entitled to another license to carry on the same business within the Borough, unless the application for such license shall be approved by the governing body.