[HISTORY: Adopted by the Mayor and Council of the City of Hoboken as indicated in article histories.Amendments noted where applicable.]
[Amended 11-4-1987 by Ord. No. V-140]
No person shall engage in, carry on, pursue or conduct within the City any business, trade or employment specified in §§ 128-3, 128-5 or 128-6 without a license. No place, premises or vehicle shall be used or operated for any business, trade, employment or purpose specified in this chapter unless the owner or driver thereof is licensed.
[Amended 9-15-1993 by Ord. No. R-6]
Unless otherwise provided, all licenses issued under this chapter shall expire on December 31 of the year in which the license is granted and issued. A license shall apply only to the person to whom granted and shall not be transferable without the consent of the Council.
All license fees shall be paid at the time the application for license is made.
It shall be the duty of the Municipal Clerk to keep a register of all licenses granted by the Mayor and Council, wherein shall be stated the number and date of the license, the location of the premises concerned and the name of the licensee.
Unless otherwise provided, every licensee under this chapter shall display such license in a conspicuous place on the place, premises or vehicle where such business is conducted where possible so to do and, when it is not possible so to display the same, then to show the same upon demand of any properly constituted authority.
Editor's Note: Former § 21.05, which immediately followed this section and which provided for licenses issued by the Board of Health, was repealed 11-4-1987 by Ord. No. V-140.
[Added 9-15-1993 by Ord. No. R-6; amended 11-15-1993 by Ord. No. R-19; 9-7-1994 by Ord. No. R-75; 5-6-1998 by Ord. No. R-33; 8-19-1998 by Ord. No. R-327; 5-5-1999 by Ord. No. R-384; 12-7-2005 by Ord. No. DR-217; 10-20-2010 by Ord. No. Z-61; 3-7-2012 by Ord. No. Z-159; 3-5-2014 by Ord. No. Z-285; 12-5-2018 by Ord. No. B-82]
[Added 2-5-1997 by Ord. No. R-223; amended 12-7-2005 by Ord. No. DR-217]
The Board of Health shall issue the following certificates and perform the following services:
[Amended 10-21-1964 by Ord. No. 224; 12-1-1982 by Ord. No. C237; 3-20-1991 by Ord. No. P-135; 12-7-2005 by Ord. No. DR-217]
Licenses issued by the Municipal Clerk are as follows:
[Added 11-3-1999 by Ord. No. R-411; amended 12-7-2005 by Ord. No. DR-217; 10-5-2011 by Ord. No. Z-135]
The Municipal Clerk shall be empowered to issue seasonal licenses for the outdoor sale of natural Christmas trees. Said licenses shall be valid for a period to commence on Thanksgiving Day and to terminate on December 26th of same year ("season"), and shall carry the following fees:
No natural Christmas trees shall be sold within the City without a license.
Local retail establishments that obtain a Christmas tree license shall comply with all applicable law, including the provisions of § 168-45, to the extent such provisions apply.
Vendors applying for a Christmas tree license who are not licensed local retail establishments must first obtain a use waiver from the Zoning Official for the proposed location of business. An application must be filed with the Zoning office and must be accompanied by a letter of consent from the property owner and the standard zoning review fee as set forth in § 196-63.
Locations which may be eligible for temporary use waivers include, but are not limited to, church and school lots, provided that the required parking spaces are not eliminated, industrial lots not zoned for commercial use and other vacant lots.
Licensed vendors with temporary locations within residential zones may operate between the hours of 9:00 a.m. and 10:00 p.m. Streets and sidewalks may not be obstructed at any time for any reason and must be kept clear of debris at all times.
All receipts for license fees shall be countersigned by the Comptroller and the Clerk of the Board of Health or the Municipal Clerk. The Municipal Clerk shall make return to the City Treasurer each month of all license fees collected and make a report each month to the Council of the number and kinds of licenses issued and amount of license fees collected.
[Added 9-15-1993 by Ord. No. R-6]
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $1,000 or imprisonment for a period not to exceed 90 days, or both, but no fine imposed on any person for the violation of any provision of this chapter shall be less than $50.
Each day that a violation of the provisions of this chapter is permitted to continue shall constitute a separate violation and be punishable as such.
Late renewal. All business license who renew their license after January 31 of each year shall be assessed a late charge of $25 per license in addition to the license fee.
[Added 11-15-1993 by Ord. No. R-19]
Editor's Note: Former Subsection D, Inspection of eating and drinking establishments, which immediately followed this subsection, was repealed 7-12-1995 by Ord. No. R-130.
[Adopted 12-19-2018 by Ord. No. B-91]
For purposes of this section, the following definitions shall apply:
- ADMINISTRATIVE OFFICER
- The City of Hoboken Director of Health and Human Services,
or his or her designee, shall serve as the Administrative Officer
for licensing of medical cannabis dispensaries on behalf of the City
of Hoboken.[Added 3-6-2019 by Ord. No. B-107]
- MEDICAL CANNABIS DISPENSARY(IES)
- A facility licensed by the State of New Jersey and the City of Hoboken to dispense cannabis in any form approved by the state and related supplies to qualified patients who 1) possess prescriptions/recommendations issued by a licensed physician and 2) are registered with the State of New Jersey.
- The State of New Jersey.
Local licensing authority.
[Amended 3-6-2019 by Ord. No. B-107]
The requirements 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. If any provision of this article is inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes and/or regulations shall govern.
There is hereby created a Medical Cannabis Dispensary Review Board ("Review Board") whose duties it shall be to review and approve applications for licenses within the City of Hoboken. The Review Board is further authorized to conduct public hearings and impose disciplinary measures, sanctions and/or penalties upon determination that the terms of this article, § 196-33.1 of the Zoning Code, or N.J.S.A. 24:6I-1 et seq., as amended, have been violated. The Review Board shall be comprised of three members: the Mayor or his or her designee, a City Council member to be designated by the Council, and the Chairman of the Planning Board or his or her designee. The term of a Mayor's designee shall coincide with the term of the Mayor. The Council designee and Planning Board designee shall be appointed annually at the first meeting of the calendar year.
The City of Hoboken Director of Health and Human Services, or his or her designee, shall act as the local licensing Administrative Officer for the City for all medical cannabis dispensaries. Under all circumstances in which state law requires communication to the City by the state licensing authority or any other state agency with regard to the licensing of medical cannabis dispensaries by the state, or in which state law requires any review or approval by the City 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 designated Administrative Officer.
Under no circumstances shall the Administrative Officer accept or act upon any application for local licensing of a medical cannabis dispensary if the state has failed to issue a license. It is the intent of this article that no medical cannabis dispensary may lawfully exist in the City of Hoboken absent the issuance of a state license and full regulatory oversight of the medical cannabis dispensary by the state licensing authority as well as that of the City.
Under no circumstances shall the Administrative Officer accept or act upon any application for local licensing of a medical cannabis dispensary unless or until the applicant has obtained site plan approval from a City of Hoboken land use board, and a certificate of zoning compliance issued by the Zoning Officer and approval in writing from the Medical Cannabis Dispensary Review Board. The Administrative Officer shall not accept or act upon any application for licensing if a certificate of zoning compliance for such a facility is more than six months old.
Cap on number of medical cannabis dispensary licenses. Effective January 1, 2019, the maximum number of medical cannabis dispensary licenses issued by the City of Hoboken for operation within the municipal boundaries of the City of Hoboken shall not exceed three.
Application. Persons wishing to obtain a medical cannabis dispensary license shall file a license application with the Administrative Officer, on a standardized form established by the City of Hoboken and available in the offices of Health and Human Services and on the City's website. An application shall be deemed incomplete and shall not be processed by the Administrative Officer until all documents and application fees are submitted. To be deemed complete, all applications shall be accompanied by the following:
[Amended 3-6-2019 by Ord. No. B-107]
The applicant shall submit proof of prior approval by the state licensing authority for a medical cannabis dispensary.
The applicant shall submit proof that the applicant has or will have lawful possession of the premises proposed for the medical cannabis dispensary, which proof may consist of the following: a deed, a lease, a real estate contract contingent upon successful licensing, or a letter of intent from the owner of the premises indicating an intent to lease the premises to the applicant contingent upon approval of required licenses.
The applicant shall submit an affidavit and documentary proof of compliance with all state and local laws regarding affirmative action, antidiscrimination and fair employment practices. The applicant shall also certify under oath that it 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. Violation of this statute shall be grounds for suspension or revocation of license at the sole discretion of the City.
The location proposed for licensing by the applicant shall comply with all applicable City zoning laws and the location restrictions set forth in § 196-33.1 of this Municipal Code.
The applicant shall submit, to the satisfaction of the Administrative Officer, proof of financial capability to open and operate the medical cannabis dispensary for which the applicant is seeking a license. Standards for proof of financial capability shall be determined by the Administrative Officer and adopted by rule or regulation.
The applicant shall submit annually an application or renewal fee of $15,000 for a medical cannabis dispensary license.
In addition to complying with any other state or City requirements related to good character and having no criminal background, any person proposed to have an ownership interest in the license shall not have committed any cannabis licensing violation affecting public safety, as defined in the rules and regulations regarding state or City medical cannabis dispensary licenses in the preceding year.
The applicant and the contents of the application shall otherwise comply with any and all qualification standards set forth in the state and City laws, regulations, or requirements.
Upon receipt of a complete application, the Administrative Officer shall have 10 days to forward all application documents to the Medical Cannabis Dispensary Review Board for their consideration. The Review Board shall have 30 days from the date of receipt to approve or deny the application in writing.
Term of license and license renewals.
Any City license for a medical cannabis dispensary issued pursuant to this article shall be valid for a period of one year from the date of issuance.
The Administrative Officer, with consent from the Review Board, may adjust the annual renewal date of the local license to correlate with an applicant's state licensing and renewal schedule, and the annual license fee shall be increased or decreased to prorate the period accordingly.
[Amended 3-6-2019 by Ord. No. B-107]
Upon renewal of a medical cannabis dispensary license, the licensee shall be governed by any Code amendments, additional restrictions, or changes in requirements adopted since the previous license was issued or renewed.
Transfer of ownership of a medical cannabis dispensary license, change of location of any license, or modification to expand a licensed premises shall be treated as a new application, subject to City land use review and approval as set forth in § 196-33.1 of the Code.
If the licensee has received notice of violation of any law or regulation relating to his or her medical cannabis dispensary license, including disciplinary action against any past or current cannabis license, the applicant for renewal shall include a copy of the notice of violation or disciplinary action with his or her application.
[Amended 3-6-2019 by Ord. No. B-107]
Disciplinary actions. Procedures for investigation of medical cannabis dispensary license violations, pursuant to rules and regulations set forth in Article IX, § 196-33.1, of the Zoning Code, or N.J.S.A. 24:6I-1 et seq., as amended, and for suspension, revocation, or other licensing sanctions as a result of any such violation, shall be as follows:
Summary suspension. When the Revew Board has reasonable grounds to believe that a medical cannabis dispensary 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 Review Board may enter a summary suspension order for the immediate suspension of such license pending further investigation.
The summary suspension order shall be in writing and shall state the reasons therefor.
To the extent practicable, a special hearing shall be scheduled within 30 days of the date of the summary suspension order. The hearing shall be open to the public and shall be legally noticed as a public hearing in accordance with the Open Public Meetings Act.
Editor's Note: See N.J.S.A. 10:4-6 et seq.
The Review Board, by majority vote, 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 City may issue fines up to $25,000 per offense and/or issue a suspension of that medical cannabis dispensary license for a period up to, but not exceeding, six months.
Inactive licenses. The Administrative Officer, in consultation with the Review Board, may suspend or revoke any medical cannabis dispensary license if the licensed premises have been inactive or unoccupied by the licensee for six months or more.
State license. The City of Hoboken shall suspend or revoke any license if the corresponding state license for the subject location is expired, surrendered, suspended, or revoked.