[HISTORY: Adopted by the Township Council
of the Township of Parsippany-Troy Hills 7-20-2021 by Ord. No. 2021:14.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 77 but was
renumbered to maintain the alphabetical organization of the Code.
This chapter is authorized pursuant to the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act, P.L. 2021, c. 016, and the implementing regulations promulgated
by the Cannabis Regulatory Commission (collectively, the "Act"), which
are hereby incorporated herein by reference, and shall be controlling
unless more restrictive standards are prescribed herein. If any provision
of this chapter is inconsistent with the statutes and/or regulations
of the State of New Jersey, the Act shall govern.
For the purposes of this chapter, all terms shall be defined
consistent with the Act. The following terms shall have the meanings
indicated:
Any state-regulated person or entity that grows, cultivates
or produces cannabis in this state, and sells, and may transport,
such cannabis to other cannabis cultivators, or usable cannabis to
cannabis manufacturers, cannabis wholesalers or cannabis retailers,
but not to customers. This person or entity shall hold a Class 1 cannabis
cultivator license.
[Added 6-21-2022 by Ord. No. 2022:15]
Any state-regulated 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.
[Added 6-21-2022 by Ord. No. 2022:15]
Any state-regulated 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 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 issued by the CRC or other entity with regulatory jurisdiction
over adult-use cannabis.
Any state-regulated cannabis wholesaler or cannabis distributor.
Any state-regulated 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.
[Added 6-21-2022 by Ord. No. 2022:15]
Any state-regulated 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 certified cannabis handlers 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.
[Added 6-21-2022 by Ord. No. 2022:15]
Any state-regulated 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 issued by the CRC or other entity with regulatory jurisdiction
over adult-use cannabis.
The Cannabis Regulatory Commission ("CRC"), established pursuant
to Section 31 of P.L. 2019, c. 307 (N.J.S.A. 24:6I-24) or other entity
with regulatory jurisdiction over adult-use cannabis.
A.
A local license shall be required to operate a cannabis establishment
in the Township. The Township Clerk is hereby designated to act as
the local licensing authority for the Township for all cannabis establishments.
B.
Under no circumstances shall the Township Clerk receive or act upon
any application for local licensing of a cannabis establishment if
the permitting authority has not issued the appropriate state license.
It is the intent of this chapter that no cannabis establishment may
lawfully operate in the Township absent the issuance of the appropriate
state license and full regulatory oversight of the cannabis establishment
by the permitting authority as well as that of the Township.
C.
Under no circumstances shall the Township Clerk receive or act upon
any application for local licensing of a cannabis establishment unless
or until the applicant has obtained the appropriate zoning approval
from the Township land use board with jurisdiction over the application
and a certificate of zoning compliance has been issued by the Zoning
Officer.
D.
The Township Clerk, or his/her designee, shall be authorized to establish
rules and regulations consistent with the intent of this chapter.
[Amended 6-21-2022 by Ord. No. 2022:15]
A.
Persons
wishing to obtain a local license for a cannabis establishment shall
file a license application with the Township Clerk on a standardized
form established by the Business Clerk and available in the Clerk’s
office and on the Township’s website.
B.
An application
shall be deemed incomplete, and shall not be processed by the Township
Clerk, until all documents and application fees are submitted. To
be deemed complete, all applications shall be accompanied by the following:
(1)
The
applicant shall submit proof of licensure by the permitting authority.
(2)
The
applicant shall submit proof that the applicant has or will have lawful
possession of the premises proposed for the cannabis establishment,
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.
(3)
The
location proposed for licensing by the applicant shall comply with
all applicable Township zoning laws and the location restrictions
set forth herein.
(4)
The
applicant shall submit a nonrefundable application fee in the amount
of $1,000, or a nonrefundable annual renewal fee in the amount of
$500, as appropriate. The amount of the nonrefundable application
or renewal fee may be modified from time to time by a subsequent duly
adopted resolution of the Township Council.
(5)
The
applicant and the contents of the application shall otherwise comply
with any and all qualification standards set forth in the state and
local laws, regulations, or requirements.
[Amended 6-21-2022 by Ord. No. 2022:15]
A.
Any license
issued pursuant to this chapter shall be valid for a period of one
year, beginning on January 1 in each year. At the time of licensure,
or with each license renewal, the licensee shall remit to the Township
an annual license fee in the amount of $5,000.
B.
The Township
Clerk may, at his/her discretion, adjust the annual renewal date of
the local license to correlate with an applicant's state licensing
and renewal schedule.
C.
Upon renewal
of a license, the licensee shall be governed by any amendments, additional
restrictions, or changes in requirements adopted since the previous
license was issued or renewed.
D.
Transfer
of ownership of a license, change of location of any license, or modification
to expand a licensed premises shall be treated as a new application,
subject to Township land use review and approval.
E.
If the
licensee has received notice of violation of any law or regulation
relating to their state 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
their application.
[Amended 6-21-2022 by Ord. No. 2022:15]
A.
A maximum of two Class 3 cannabis wholesalers licenses shall be permitted
to operate in the Township.
B.
A maximum of two Class 4 cannabis distributors licenses shall be
permitted to operate in the Township.
C.
Pursuant to Section 31b of the Act, all other classes of licensed
cannabis businesses not expressly permitted herein, including Class
1 cannabis cultivator licenses, Class 2 manufacturer licenses, Class
5 cannabis retailer licenses, and Class 6 cannabis delivery licenses,
are hereby prohibited from operating anywhere in the Township, except
for the delivery of cannabis items and related supplies by a delivery
service.
[Amended 6-21-2022 by Ord. No. 2022:15]
A.
No building or structure associated with a cannabis establishment
shall be located within 1,000 feet of any school property (including
any property owned or leased by a public school board), or within
500 feet of the real property comprising a public housing facility,
public park, or public building, except for the Township Wastewater
Treatment Plant located at Block 769, Lot 1, and the Sharkey Landfill
Site located at Block 771, Lot 1, and Block 770, Lot 7.
B.
No cannabis establishment shall be located within 500 feet of a residential
zone district boundary or commercial residential mixed-use zone district
boundary, except for a cannabis distributor located in the SED-5-A
Zone District.
All cannabis establishments shall limit their hours of operation
from 6:00 a.m. to 10:00 p.m., Monday through Saturday.
All operations of a cannabis establishments shall occur within
a single, or series of, completely enclosed buildings. No outdoor
storage shall be permitted.
A.
There shall be at least two employees on continuous duty in any part
of a cannabis establishment to which the public is invited.
B.
A cannabis establishment shall employ a security officer or the premises
shall have in operation a security device approved by the Chief of
Police of the Township which may consist of a silent and/or audible
burglar alarm connected to a central security monitoring system designed
to activate police response, a closed circuit television connected
to a central security monitoring system designed to activate police
response, or such other device which can be activated instantaneously
to notify law enforcement officers that a crime or disorderly person's
activity is in progress.
C.
The Township Police Department shall be provided the name and phone
number of a contact person to notify during suspicious activity during
or after operating hours. Security staff is required on the premises
during all hours of operation.
D.
A burglarproof drop safe that regulates an employee's access to cash
shall be used on the premises.
E.
The exterior portion of a cannabis establishment, including parking
areas, shall be well lit during business hours. Said lighting shall
be designed so as to not unduly interfere with any neighbor's reasonable
use and/or enjoyment of the property.
F.
Fencing, a minimum of six feet in height, shall be installed around
the loading and unloading area of the cannabis establishment.
G.
Security protocols shall be submitted to the Township Police Department
for compliance review with all safety and security standards established
by the state of cannabis establishments. The Township Police Department
may, at its discretion and upon review of the proposed location, recommend
or require additional safety and security measures.
Marijuana plants, products, accessories, and associated paraphernalia
shall not be visible from a public sidewalk, public street or right-of-way,
or any other public place. On-site storage of usable marijuana shall
comply with applicable federal, state and local laws and regulations.
It shall be unlawful for any person 21 years of age or older
to consume cannabis through means other than by smoking, vaping, or
aerosolizing (e.g., edibles) in a public place, including any "indoor
public place" as the term is defined in N.J.S.A. 26:3D-57.
A.
A cannabis establishment must provide sufficient measures and means
of preventing smoke, odors, debris, dust, fluids and other substances
from exiting the cannabis establishment. In the event that any debris,
dust, fluids or other substances shall exit the business premises,
the property owner and operator shall be jointly and severally responsible
for the full cleanup immediately.
B.
A cannabis establishment shall properly dispose of all materials
and other substances in a safe and sanitary manner in accordance with
state regulations.
C.
A cannabis establishment must meet industry best practices for odor
control.
D.
All state law and regulations concerning ventilation systems shall
be followed.
A.
In accordance with the Act, the cannabis transfer tax for the Township
shall be 1% of the receipts from each sale by a Class 3 cannabis wholesaler.
B.
In accordance with the Act, the user tax for the Township shall be
imposed at equivalent cannabis transfer tax rates on any concurrent
license holder operating more than one cannabis establishment in the
Township.
C.
The transfer tax or user tax shall be collected or paid and remitted
to the Township by the cannabis establishment from the cannabis establishment
purchasing or receiving the cannabis or cannabis item. 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.
D.
Every cannabis establishment required to collect a transfer tax or
user tax imposed by this chapter shall be personally liable for the
transfer tax or user tax imposed, collected, or required to be collected
under this section. Any cannabis establishment shall have the same
right with respect to collecting the transfer tax or user tax from
another cannabis establishment as if the transfer tax or user tax
was a part of the sale and payable at the same time, or with respect
to nonpayment of the transfer tax or user tax by the cannabis establishment,
as if the transfer tax or user tax was a part of the purchase price
of the cannabis or cannabis item, or equivalent value of the transfer
of the cannabis or cannabis item, and payable at the same time; provided,
however, that the Chief Fiscal Officer of the Township shall be joined
as a party in any action or proceeding brought to collect the transfer
tax or user tax.
E.
No cannabis establishment required to collect a transfer tax or user
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 transfer tax or user tax will not be separately charged and
stated to another cannabis establishment, or that the transfer tax
or user tax will be refunded to the cannabis establishment.
F.
All revenues collected from a transfer tax or user tax imposed by
this chapter shall be remitted to the Chief Financial Officer of the
Township in a manner prescribed by the Township. The Chief Financial
Officer shall collect and administer any transfer tax or user tax
imposed by ordinance pursuant to this chapter. The Township shall
enforce the payment of delinquent taxes or transfer fees imposed by
ordinance pursuant to this chapter in the same manner as provided
for municipal real property taxes.
G.
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 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.
H.
The Township shall file in the office of its 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.
I.
The Township Chief Financial Officer, or his/her designee, shall
be authorized to establish rules and regulations consistent with the
intent of this chapter regarding the collection and enforcement of
the transfer tax.
A cannabis establishment shall comply with all applicable state
and local laws and regulations.
A.
The Township Clerk shall suspend or revoke any license if the corresponding
state license for the subject location is expired, surrendered, suspended,
or revoked.
B.
Where it is found that a licensee has engaged in a 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 Clerk is authorized and
empowered to immediately suspend any license or permit issued pursuant
to this chapter and order that the licensee cease all operations until
such time as the violations are abated.
C.
Any person aggrieved by the action of the Township Clerk in the denial
of an application for license, or the decision with reference to the
revocation or suspension of a license in accordance with this chapter,
shall have the right of appeal to the Business Administrator, or his/her
designee. Such appeal shall be taken by filing with the Business Administrator,
within 10 days of the action complained of, a written statement setting
forth fully the grounds for the appeal. The Business Administrator,
or his/her designee, may decide the matter on the papers or schedule
a time and place for a hearing on such appeal. Notice of any such
hearing shall be served upon the applicant/licensee (whichever is
appropriate) or mailed, postage prepaid, to the applicant/licensee
at the address given on the application for license in accordance
with this chapter, at least five days prior to the date set for said
hearing. The decision and order of the Business Administrator, or
his/her designee, on such appeal shall be final and conclusive.
