[HISTORY: Adopted by the Township Committee of the Township
of Hamilton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-7-2023 by Ord. No. 2050-2023]
A.
Authority. The regulations of this article are subject to the enabling
authority of the State of New Jersey and are subject to compliance
with all statutes and/or regulations adopted by the State of New Jersey
or its instrumentalities, including the Cannabis Regulatory Commission.
If any provision of this article is inconsistent with state statutes
and/or regulations, the state statutes and/or regulations shall prevail.
B.
Purpose. The purpose of this article is to enable the Township of
Hamilton to take effective action to assure that all cannabis-related
businesses advance the requirements of their licensure as regulated
by the State of New Jersey, by ensuring the citizens of the Township
of Hamilton are provided ample opportunity to participate within this
new industry while advancing community development initiatives, including,
but not limited to, social-justice-related programming, job training,
enhanced recreational opportunities, public health and drug prevention
education, and/or support thereof.
A.
The following terms, as used in this article, shall have the meanings
as set forth in N.J.S.A. 24:6I-33:
"CANNABIS," "CANNABIS CULTIVATOR," "CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR," "CANNABIS ITEM," "CANNABIS MANUFACTURER CANNABIS
PRODUCT," "CANNABIS RETAILER," "CANNABIS WHOLESALER," "COMMISSION,"
"CONSUMER LICENSEE," "PREMISES or LICENSED PREMISES."
B.
CANNABIS ESTABLISHMENT
CANNABIS FACILITY
CONCEPT PLAN
(1)
(2)
(3)
(4)
(5)
CONCURRENT LICENSE HOLDER
CREAMM ACT
LOCAL LICENSE
LOCAL LICENSE HOLDER
MICROBUSINESS
(1)
(2)
(3)
(4)
(5)
RESOLUTION OF LOCAL SUPPORT
STATE LICENSE
In addition to the foregoing definitions, the following definitions
shall apply:
A cannabis cultivator, a cannabis manufacturer or a cannabis
wholesaler.
The property or location at which a cannabis establishment,
cannabis distributor, cannabis retailer, cannabis delivery service
or a microbusiness is licensed to operate its business.
A site plan, land survey or conceptual plan drawn on a Tax
Map depicting all of the following:
All existing structures, setbacks, distances and an indication
of whether the existing structures and uses will be retained or removed;
All proposed project improvements, dimensions, setbacks, and
other proposed site improvements;
All means of vehicular and pedestrian access, ingress and egress
to and from the site and the cannabis facility, including the location
and width of proposed sidewalks, the distances to adjacent public
streets, the location of any existing and proposed driveways on the
site and the distances and locations of any existing driveways on
adjacent lots that are within 75 feet of the site;
The location of all existing utilities, including, but not limited
to, water and sewer mains, electricity, and cable, the anticipated
means and locations of connecting to said utilities; and
The location and height of any fences, signs, and/or accessory
buildings.
Any person, firm, corporation, or other entity authorized
pursuant to N.J.S.A. 24:6I-46 to concurrently hold more than one state
license.
The New Jersey Cannabis Regulatory Enforcement Assistance,
and Marketplace Modernization Act, P.L. 2021, c.16 (N.J.S.A. 24:6I-31
et seq.), as amended and supplemented, that authorizes the Cannabis
Regulatory Commission (CRC) to expand and further develop the current
Medicinal Cannabis Program, as well as develop, regulate, and enforce
the rules and activities associated with recreational cannabis for
adults 21 years or older.
A license issued by the Township of Hamilton pursuant to § 135-4 of this article, authorizing the operation of a cannabis establishment, cannabis distributor, cannabis retailer or cannabis delivery service within the Township of Hamilton.
Any cannabis establishment, cannabis distributor, cannabis
retailer and/or cannabis delivery service that has been issued a local
license pursuant to this Code.
A person or entity licensed under the CREAMM Act 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:
Employ no more than 10 employees;
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;
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;
Aquire each month, in the case of a cannabis manufacturer, no
more than 1,000 pounds of usable cannabis; and
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.
A Resolution adopted by the Township Committee in accordance with § 135-3A of this article indicating the Township's local support for the suitability of the proposed location for the cannabis facility and for the cannabis establishment, the cannabis distributor and/or the cannabis delivery service.
A license issued to a cannabis establishment, cannabis distributor,
cannabis retailer and/or cannabis delivery service by the Commission
or any other state agency authorized to issue licenses to cannabis
establishments, cannabis distributors and/or cannabis delivery services,
as applicable, pursuant to the CREAMM Act.
A.
Resolution of Local Endorsement required. No person, firm, corporation
or other entity shall own or operate a cannabis establishment, cannabis
distributor, cannabis retail establishment or cannabis delivery service
without first having acquired a properly adopted Resolution of Local
Endorsement from Township Committee, issued to successful respondents
to a Request for Qualifications for Local Endorsement for Cannabis
Licensing, and a Zoning Compliance Affidavit or Letter, to be issued
following approval of the Resolution of Local Endorsement.
B.
Land-Use Compliance required. The issuance of a Resolution of Local Support and a Zoning Compliance Affidavit or Letter does not constitute a zoning permit or other land use approval and no property or part thereof hereafter may be used and no building or part thereof hereafter may be demolished, erected, constructed, reconstructed, moved, extended, converted, altered, maintained or used except upon receipt of all applicable permits, licenses and other approvals and in conformity with the provisions of this article as well as Chapters 144, Construction Code Uniform, 170, Fire Prevention, 203, Land Use and Development, 245, Redevelopment Plans and all other applicable government requirements, conditions, and approvals.
A.
Local license required. No person, firm, corporation or other entity
may own or operate a cannabis establishment, cannabis distributor,
cannabis retailer or cannabis delivery service without first having
acquired an annual local license in accordance with the provisions
of this article. The local license term shall commence immediately
upon the issuance of the local license and shall expire one year from
the date of issuance. Renewal applications for each subsequent annual
license shall be filed no later than 90 days prior to the expiration
of the cannabis establishment's, distributor's, retailer's
or delivery service's license.
B.
Local licensing authority.
(1)
The Township Committee is hereby designated to act as the local licensing
authority for the Township of Hamilton for all cannabis establishments,
cannabis distributors, cannabis retailers and cannabis delivery services.
Under all circumstances in which state law requires communication
to the Township by the CRC 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 Township 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 Township Committee.
(2)
Under no circumstances shall a local license for a cannabis establishment,
cannabis distributor, cannabis retailer or cannabis delivery service
issued by the Township Committee be effective unless or until the
state has issued the requisite permits or licenses to operate such
a facility, including the state license. It is the intent of this
article that no cannabis establishment, cannabis distributor, cannabis
retailer or cannabis delivery service may lawfully operate in the
Township of Hamilton without the issuance of a state 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 Township.
C.
Classification of licenses. The Township may issue the following
local licenses:
D.
Application. All applicants requesting a local license, whether as
an initial local license or a renewal local license, shall file a
license application with the Township, on a standardized form established
by the Township and available in the Clerk's office. Renewal
applications shall be filed no later than 90 days prior to the expiration
of cannabis establishment's, distributor's, retailer's
or delivery service's license. An application for a local license
shall be deemed incomplete, and shall not be processed by the Township,
until all documents and application fees are submitted. To be deemed
complete, all applications shall be accompanied by the following:
(1)
A deed or lease evidencing the applicant's lawful possession
of the premises on which the cannabis establishment, cannabis distributor,
cannabis retailer, cannabis delivery service or microbusiness will
be located;
(2)
A copy of an approved zoning permit and copy of an approved site
plan signed by the Township of Hamilton Planning Board or a copy of
the Resolution signed by the Township of Hamilton Planning Board approving
a site plan waiver for the premises on which the cannabis establishment,
cannabis distributor, cannabis retailer or cannabis delivery service
will be located;
(3)
A fully executed Redevelopment Agreement; provided, however, if a
Redevelopment Agreement had been previously executed and has been
terminated, the applicant shall submit the Certificate of Completion
that has been issued by the Township pursuant to the terminated Redevelopment
Agreement;
(4)
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;
(5)
A copy of the state license. If no state license has been issued,
the applicant may submit proof of application for a state license
and may request that the local license be conditionally approved,
conditioned upon receipt of a state license; and
(6)
A description of the proposed business activities/operations to be
conducted at the cannabis facility, including, but not limited to,
hours of operations, operating procedures, organizational structure,
number of employees, job title and job description of employees, cannabis
handling procedures, and workplace safety plan; and
(7)
A complaint procedures plan, which contains procedures and plans
for receiving, recording and handling complaints regarding cannabis
products, cannabis items, the cannabis facility and/or business operations
of the cannabis establishment, cannabis distributor, cannabis retailer,
cannabis delivery service or microbusiness, as applicable; and
(8)
A waste disposal plan, which sets forth the procedures and plans
for sanitation and disposal of waste at the cannabis facility; and
(9)
A security plan, which sets forth the procedures and plans for security
at the cannabis facility; and
(10)
An odor mitigation plan, which sets forth the plans and procedures
for controlling odor at the cannabis facility; and
(11)
A copy of the cannabis facility floor plan, including square
footage information; and
(12)
Proof of all property taxes, and all transfer taxes and/or user taxes imposed under Chapter 135 of the Township Code have been paid; and
(13)
If the application is for a renewal local license, a copy of
all complaints received during the prior twelve-month period, and
a description of the manner in which such complaints were handled.
(14)
If the application is for a microbusiness:
(a)
Proof that the ownership interest in the microbusiness is held
by current New Jersey residents who have resided in the state for
at least the past two consecutive years.
(b)
Proof of residency in the Township of Hamilton, or a bordering
municipality, for at least 51% of the owners, directors, officers,
or employees of the microbusiness.
(c)
A sworn affidavit that the microbusiness shall:
[1]
Employ no more than 10 persons.
[2]
Operate a cannabis establishment occupying an area no more than
2,500 square feet.
[3]
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 no higher than 24 feet, unless approved by the
CRC.
[4]
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.
[5]
In the case of a cannabis manufacturer, acquire no more than
1,000 pounds of usable cannabis each month.
[6]
In the case of a cannabis wholesaler, acquire for resale 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, each month.
E.
Fees.
(1)
The applicant shall submit all required nonrefundable fees for the
application and conditional license in accordance with the following
fee schedule:
(a)
Class 1 Cannabis cultivator license: $2,500.
(b)
Class 2 Cannabis manufacturer license: $2,500.
(c)
Class 3 Cannabis wholesaler license: $2,500.
(d)
Class 4 Cannabis distributor license: $2,500.
(e)
Class 5 Cannabis retailer license: $2,500.
(f)
Class 6 Cannabis delivery license: $2,500.
(g)
Microbusiness license: $1,500.
(2)
If an applicant applies for more than one class of license, where
permitted by law, the nonrefundable application fee shall be determined
as follows:
(3)
The applicant shall submit all annual license fees required in accordance
with the following fee schedule, which shall be refundable in the
event the applicant does not receive a license from the Township:
(a)
Class 1 Cannabis cultivator license: $10,000.
(b)
Class 2 Cannabis manufacturer license: $8,000.
(c)
Class 3 Cannabis wholesaler license: $8,000.
(d)
Class 4 Cannabis distributor license: $3,500.
(e)
Class 5 Cannabis retail license: $8,000.
(f)
Class 6 Cannabis delivery license: $3,500.
(g)
Microbusiness license: $1,500.
(4)
Applications for a local license shall be considered on a rolling
basis. In the event multiple applicants are under consideration simultaneously,
the Township shall evaluate those applicants and issue a notification
of award after consideration and evaluation of the application and
supporting materials. The Township may award a conditional local license,
which will not be effective until all conditions of the conditional
local license have been satisfied. The Township reserves the right
to reject any application at its sole discretion.
(5)
If an applicant applies for more than one class of license, where
permitted by law, the license fee shall be determined as follows:
F.
Suspension or revocation of a license.
(1)
The Township Committee may suspend or revoke a local license if:
(a)
The application or the cannabis establishment, cannabis distributor,
cannabis retailer or cannabis delivery service is not in compliance
with any provision of this article or all statutes and/or regulations
adopted by the State of New Jersey or its instrumentalities.
(b)
The application for a local license contains false or misleading
information.
(c)
An owner, officer, or board member of a local license holder
provides false or misleading information to the Township.
(d)
The Township receives formal notice from the Cannabis Regulatory
Commission that the local license holder has had its state license
suspended or terminated.
(e)
A violation by the local license holder or the cannabis establishment,
cannabis distributor, cannabis retailer, cannabis delivery service
or microbusiness of any of the provisions of this Code or the CREAMM
Act has occurred.
(f)
An owner, officer or board member of the local license holder
has been convicted of a crime involving any controlled dangerous substance
or controlled substance analog as set forth in Chapter 35 of Title
2C of the New Jersey Statutes except Paragraph (4) of Subsection a
of N.J.S.A. 2C:35-10, or any similar law of the United States or any
other state.
(g)
The failure or refusal of the local license holder to comply
with any of the provisions of this Code or the CREAMM Act.
(h)
The failure or refusal of the local license holder to carry
out its policies and procedures or to be in compliance with the statements
and representations provided to the Township or the state in its application
for licensure.
(i)
Operating a cannabis establishment, cannabis distributor or
cannabis delivery service without a state license or local license.
(j)
The failure or refusal to return an adequate plan of correction
to the Township within 10 business days after receipt of a notice
to correct.
(k)
The failure or refusal to correct any deficiency specified by
the Township in a notice to correct within the period specified in
a plan of correction.
(l)
The failure or refusal to cooperate fully with an investigation,
inspection or audit by the Township or any law enforcement agency.
(m)
Failure to maintain proper record keeping and/or failure to allow the Township access to any records as required in § 135-5B of this article.
(n)
The failure to comply with the provisions of this article regarding
the payment of fees.
(o)
The failure to comply with any condition placed upon the local
license when the license was issued or any condition or requirement
made by the Township.
(p)
The premises and/or the cannabis facility has been inactive
or unoccupied for at least six months following the issuance of the
local license.
(2)
Except as permitted in Subsection F(4) below, prior to suspending or revoking a local license, the Township Committee shall provide notice to the local license holder of its intent to suspend or revoke the local license and shall schedule a hearing on the proposed suspension or revocation within 30 days of said notice. Following the hearing, if the Township Committee determines that suspension or revocation is warranted, the Township Committee shall issue notification to the local license holder of the reasons for the suspension or revocation.
(3)
Any suspension or revocation of a local license shall become effective
immediately upon notification of the suspension or revocation to the
local license holder. The notification shall be deemed effective if:
(1) it is made at the time of the hearing; or (2) notice of the suspension
or revocation is mailed by certified mail, return receipt requested,
to the address listed on the local license or in the license application
for the local license.
(4)
Notwithstanding the foregoing section, when the Township has reasonable
grounds to believe that a local license holder or cannabis establishment
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 Township
Committee may enter a summary suspension order for the immediate suspension
of a local license pending further investigation, subject to the following
procedure:
(a)
The summary suspension order shall be in writing and shall state
the reason(s) therefore. The local license holder shall be afforded
an opportunity for a hearing as outlined herein.
(b)
The Township 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 suspension order.
(c)
Upon completion of the hearing, the review panel shall issue
its decision regarding the alleged offenses. The review panel is authorized
to impose any fines, penalties, conditions, restrictions or combination
thereof authorized by the State of New Jersey or this article, including
the suspension of license for a period not to exceed six months.
A.
Standards of conduct for all local license holders.
(1)
Every local license holder under this article shall:
(a)
Permit reasonable inspections of the cannabis facility by Township
of Hamilton authorities for the purpose of enforcing the provisions
of this article.
(b)
Comply with all federal, state and local statutes, laws, regulations
and ordinances relating to the cannabis facility and the conduct of
the business thereon.
(c)
Refrain from unfair or deceptive acts or practices, or consumer
fraud, in the conduct of the business, and avoid maintaining a public
nuisance.
(d)
Refrain from operating a business after expiration of a license
or during the period that the license may be suspended or revoked.
(e)
Ensure that the local license holder and all of the individuals
and entities holding an interest in the local license holder shall
comply with all state requirements related to good character and criminal
background for any holder of a state license and of a local license.
(f)
Ensure that any person, firm, corporation or other entity having
or proposed to have an ownership interest in the local license holder
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.
(g)
Ensure that the local license holder and the cannabis facility
shall comply with any and all qualification standards set forth in
any state and/or Township laws or regulations, all provisions of the
Township Code, all provisions of any applicable redevelopment plan,
and all statutes and/or regulations of the State of New Jersey and/or
its instrumentalities.
(h)
Comply at all times with the terms and conditions of the state
license and the local license.
(i)
Not be in default under any applicable redevelopment agreement.
(j)
Maintain all state licenses and local licenses for the applicable
cannabis class. No cannabis establishment, cannabis distributor, cannabis
retailer, cannabis delivery service or microbusiness shall be permitted
to operate without state license and a local license.
(k)
Maintain in good repair and operation all noise mitigation equipment
and techniques. Outside generators and other mechanical equipment
used for any kind of power supply, cooling or ventilation shall be
enclosed and have appropriate baffles, mufflers and/or other noise
reduction systems to mitigate noise pollution.
(l)
Maintain all security. All cannabis facilities shall be secured
in accordance with State of New Jersey statutes and regulations; shall
have a round-the-clock video surveillance system, 365 days a year;
and shall have trained security personnel on-site at all times during
operating hours. All security equipment identified in the license
application shall be maintained in good and working order and all
security protocols shall be followed in accordance with the representations
made in the license application.
(2)
All regulations of this § 135-5A are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities. If any provision of this § 135-5A is inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes and/or regulations shall prevail.
B.
Recordkeeping. Local license holders and all cannabis facilities must maintain adequate and accurate books and records that provide a true accounting of all financial transactions, expenditures and control of inventory and prepare annual financial statements using generally accepted accounting principles. The Township shall have the power and authority to enter any cannabis facility at any time and have access to the books and records of such business for the purpose of ascertaining proper payment of transfer tax or user tax. An audit of the financial statements and operations of the local license holder and/or cannabis facility may be conducted and the information received from the local license holder under the provisions of this § 135-5B shall be deemed confidential and available only to those concerned in such matters.
C.
Reporting of changes. Local license holders shall promptly report
any changes to their state licenses and/or any changes to the cannabis
facility to the Township. Increases in authorized production levels,
changes in processing techniques, security protocols, recordkeeping,
odor mitigation, and/or waste disposal may require additional improvements
to the premises and/or changes to the conditions of Township approval.
A.
Interval testing for malodors.
(1)
Local license holders and cannabis facilities shall perform interval
testing for malodors no less frequently than biweekly. Odor samples
shall be taken by each member of an ad hoc committee consisting of
at least three designees of the cannabis facility utilizing a device
known as an olfactometer. All members of the ad hoc committee shall
be appropriately trained on how to operate the olfactometer and to
record sample data prior to performing any interval testing. Samples
shall be taken from at least five separate locations located along
the lot perimeter with at least one sample collected from the north,
south, east and west of the cannabis facility.
(2)
Local license holders and all cannabis facilities must maintain adequate and accurate books and records that provide a true accounting of all interval testing for malodors required in § 135-6A(1), including dates and times of samples, reading locations, reading levels, and the names of all operators of the olfactometer, including their training history.
(3)
The Township shall have the power and authority to enter any cannabis
facility at any time and have access to the testing records of such
business for the purpose of ascertaining compliance with this article.
B.
Nuisances at cannabis facilities.
(1)
Purpose. In order to prevent nuisance from noise, odor, dust, light,
glare, heat, noxious gasses, smoke, traffic, vibrations, unsafe conditions
or other negative impacts, of a cannabis facility, or which otherwise
may be injurious to the public health, safety, or welfare of the inhabitants
of the Township of Hamilton, the following shall be considered a nuisance:
(a)
The creation of noise when measured at the property boundary
of the land on which the cannabis facility is located in excess of
20 dBA above ambient noise level; or
(b)
The emission of odor that is detectible at and/or travels beyond
the property boundary of the land on which the cannabis facility is
located; or
(c)
The receipt of three or more standard verified complaints regarding
the cannabis facility within a period of 60 days; or
(d)
Maintaining, cultivating and/or growing cannabis upon private
property within the Township except in full compliance with the provisions
of this article; or
(e)
Disposal of cannabis or any part thereof, cannabis waste and/or
any other waste from a cannabis facility except in strict accordance
with a waste disposal plan provided to the Township.
(2)
Order to abate a nuisance. In the event that the Township has reason
to believe that a local license holder and/or cannabis facility has
created a nuisance, the Township shall issue a notice to the local
license holder and/or cannabis facility identifying the alleged nuisance
and may do one or more of the following:
(a)
The Township may order the local license holder and/or cannabis
facility to submit to independent testing to verify or refute the
existence of the alleged nuisance at the expense of the local license
holder and/or cannabis facility.
(b)
The Township may order a local license holder and/or cannabis
facility, at its own expense, to remove any nuisance found thereon
within 24 hours or such other time the Township deems reasonable.
(3)
Compliance with order to abate. The local license holder and/or cannabis
facility shall have seven days after receipt of an order to abate
a nuisance in which to comply with the Township's order, unless
an appeal has been filed.
(a)
If the local license holder and/or cannabis facility fails to
comply with such order, subject to the appeal rights below, the Township
of Hamilton may revoke the local license.
(b)
The Township shall notify a cannabis establishment, in writing, of any order taken pursuant to this § 135-6B. If the cannabis establishment fails to either comply with the order or request a hearing before the Township Committee after said seven days, the Township of Hamilton may cause the nuisances to be removed, and all expenses incurred thereby shall constitute a debt due the Township of Hamilton. If the cannabis establishment requests a hearing before the Township Committee, such hearing shall occur no later than the next regularly scheduled Committee Meeting.
(4)
Appeal of order to abate. The local license holder and/or cannabis
facility shall have seven days after receipt of an order to abate
a nuisance in which to appeal to the Township Committee for a hearing.
The request for an appeal shall be filed, in writing, with the Township
Clerk. The Township Committee shall hold its hearing within 30 calendar
days thereafter, and its decision shall be final.
C.
Hours. The hours of operation for all Class 5 Licenses (Cannabis
Retailer) shall be limited to 9:00 a.m. through 9:00 p.m. daily.
D.
On-site restrictions. The on-site consumption of cannabis in any
form or its transfer from its original packaging by patrons, employees
or other persons in the building, on the premises or in any automobile
or other vehicle located on the premises of a cannabis facility is
prohibited.
E.
Persons under legal age.
(1)
Presence. No person under the legal age of 21 shall be allowed in
any building where cannabis is sold.
(2)
Purchase of cannabis by a person under legal age. No person under
the legal age of 21 shall purchase, attempt to purchase or have another
purchase for that person any cannabis on any premises licensed for
the sale of cannabis.
(3)
Purchase of cannabis for a person under the legal age. No person
shall purchase, attempt to purchase or transfer cannabis to a person
under the legal age of 21. It shall be unlawful for any person to
induce or attempt to induce any licensee or any employee of a licensee
to sell, serve or deliver cannabis to a person under the legal age
of 21.
F.
Private cultivation prohibited. The maintaining, cultivating or growing
of cannabis upon private property within the Township without a state
license and a local license is strictly prohibited.
A.
Citable offense.
(1)
Every person, firm, corporation or other entity who engages in any of the following is guilty of an offense punishable as set forth in § 135-7B below:
(a)
Violates any of the provisions of this article;
(b)
Cultivates, grows, sells, offers to sell, distributes, delivers
and/or transports, cannabis or otherwise engages in any activity for
which a local license and/or state license is required, except in
accordance with the provisions of this article;
(c)
Uses and/or permits or allows his or her property or premises
to be used for the cultivation, growing, selling, offering for sale,
distribution, delivery or transport of cannabis, or any other activity
for which a local license and/or state license is required, except
in accordance with the provisions of this article.
(2)
After written notice is provided to any such person, firm, corporation
or other entity of such violation, the continued existence of such
violation for each and every day after the service of such notice
shall be deemed a separate and distinct offense.
B.
Penalties.
(1)
Any licensee who violates or fails to comply with the provisions
of this article shall, upon conviction, have his, her or its license
subject to a fine of $2,500 for the first violation, $3,500 for the
second violation and $3,500 plus a summary suspension of the license
for the third and subsequent violation(s), as well as such penalties
as my otherwise be provided by law.
(2)
Any person who violates or fails to comply with the provisions of
this article shall, upon conviction, be subject to a minimum fine
of $500 per violation per day up to a maximum of $2,000 per violation
per day or by imprisonment for a term not exceeding 90 days or by
a period of community service not exceeding 90 days, as well as such
penalties as may otherwise be provided by law.
C.
Right of entry. Persons designated by resolution as Code Enforcement
Officers of the Township are authorized to enter upon and inspect
cannabis facilities, premises and properties subject to this article
to ensure compliance with the provisions of this article. Reasonable
advance notice of any such entry and inspection shall be provided
and, before entry, consent shall be obtained, in writing, from the
owner or other person, firm, corporation or other entity in lawful
possession of the cannabis facilities, premises and/or property. If
consent cannot for any reason be obtained, an inspection warrant shall
be obtained from the municipal court prior to any such entry and inspection.
In those cases where consent is denied, the Township may seek to recover
the costs it incurs in obtaining an inspection warrant from the property
owner and/or person, firm, corporation or other entity in lawful possession
of the property.
D.
Appeal. Unless otherwise provided, any person, firm, corporation
or other entity aggrieved by the final determination of the Township
Committee may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the State of New Jersey.
