[HISTORY: Adopted by the City Council of the City of Bridgeton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-17-2021 by Ord. No. 21-15]
When used in this article, the following words shall have the
meanings ascribed to them as set forth herein.
All parts of the Cannabis sativa Linnaeus, Cannabis indica,
or Cannabis ruderalis, whether growing or not; including seeds, resins
whether crude or purified, extracted from any part of the plant; and
every compound, derivative, mixture, or preparation of the plant,
seed or resins; and "cannabis" as defined by the New Jersey Health
and Safety Code. For the purpose of this article, "cannabis" does
not mean industrial hemp as that term is defined by the New Jersey
Food and Agricultural Code or the New Jersey Health and Safety Code.
The businesses of commercial cannabis cultivation, cannabis
manufacturer, cannabis testing laboratory, and cannabis distributor.
Includes cultivation, manufacturing, processing, laboratory
testing, transporting, delivery, distribution, or sale of cannabis
or a cannabis product, within the meaning of New Jersey Business and
Professions Code.
A permit issued by the City of Bridgeton pursuant to this
article to a cannabis business and is required before any cannabis
activity may be conducted in the City. The initial permit and annual
renewal of a cannabis business authorization permit is made expressly
contingent upon the business' ongoing compliance with all of the requirements
of this article and any regulations adopted by the City governing
the cannabis activity, as well as compliance with any conditions of
approval placed on the use of the cannabis business site, and payment
of any fees or taxes owed to the City.
An entity that provides dedicated leased space; specified
services, including, but not limited to, training, guidance, assistance
with management, business strategies, marketing, branding, and technologies;
and some combination of shared-use equipment, common areas, and facilities
for the purpose of assisting start-up companies, microbusinesses,
or individual entrepreneurs to become established and/or grow in one
or more of the cannabis industry categories governed and licensed
by the State of New Jersey.
[Added 5-17-2022 by Ord. No. 22-14]
Manufactured cannabis that has undergone a process to concentrate
the cannabinoid active ingredient, thereby increasing the product's
potency. An edible cannabis product is not considered food, as defined
by the New Jersey Health and Safety Code, or a drug, as defined by
the New Jersey Health and Safety Code.
A cannabis operator permitted pursuant to this article to
operate a location or a facility to procure cannabis from permitted
cannabis cultivation sites or cannabis manufacturers for sale to permitted
cannabis dispensaries, and the inspection, quality assurance, batch
testing by a licensee, storage, labeling, packaging and other processes
prior to transport to permitted Cannabis Dispensaries.
A state license issued pursuant to "New Jersey Cannabis Regulatory,
Enforcement Assistance and Marketplace Modernization Act" ("NJCREAMM")
as may be amended from time to time.
A person issued a cannabis license under "New Jersey Cannabis
Regulatory, Enforcement Assistance and Marketplace Modernization Act"
("NJCREAMM") to engage in commercial cannabis activity.
A location operating as a nursery solely for purposes of
supplying immature plants to cannabis cultivation facilities.
The person or entity that is engaged in the conduct of any
commercial cannabis use.
A facility, entity, or site in the state that offers or performs
tests of cannabis or cannabis products and is accredited by an accrediting
body that is independent from all other persons involved in the cannabis
testing laboratory, and is registered with the New Jersey Department
of Public Health.
Any activity, whether occurring indoors or outdoors, involving
the propagation, planting, growing, harvesting, drying, curing, grading,
and/or trimming of cannabis plants or any part thereof for any purpose.
A facility where cannabis is cultivated, propagated, planted,
grown, harvested, dried, cured, graded, or trimmed, or that does all
or any combination of those activities, and where the operator holds
a valid cannabis business authorization permit from the City of Bridgeton
and, a valid state license for cultivation pursuant to the "New Jersey
Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization
Act" ("NJCREAMM").
The commercial transfer of medical cannabis or medical cannabis
products from a dispensary, up to an amount determined to be authorized
by the State of New Jersey, or any of its departments or divisions,
to anyone for any purpose. "Delivery" also includes the use by a dispensary
of any technology platform owned, controlled, and/or licensed by the
dispensary, or independently licensed by the State of New Jersey under
the "New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace
Modernization Act" ("NJCREAMM").
A cannabis business facility where cannabis, medical cannabis
products, or devices for the use of medical cannabis or medical cannabis
products are offered, either individually or in any combination, for
retail sale, including an establishment (whether fixed mobile) that
delivers, pursuant to express authorization, medical cannabis and
medical cannabis products as part of a retail sale, and where the
operator holds a valid cannabis business authorization permit from
the City of Bridgeton authorizing the operation of the dispensary,
and a valid state license as required by state law to operate a dispensary.
Any activity involving the retail sale of cannabis or cannabis
products from a dispensary.
A person holding a valid cannabis business authorization
permit issued by the City of Bridgeton and a valid state license for
distribution, pursuant to the "New Jersey Cannabis Regulatory, Enforcement
Assistance and Marketplace Modernization Act" ("NJCREAMM").
Manufactured cannabis that is intended to be used, in whole
or in part, for human consumption. An edible medical cannabis product
is not considered food as defined by the New Jersey Health and Safety
Code or a drug as defined by the New Jersey Health and Safety Code.
A fully enclosed and secured structure, as approved by the
City of Bridgeton Zoning Board and/or Planning Board as required by
this article.
Raw cannabis that has undergone a process whereby the raw
agricultural product has been transformed into a concentrate or manufactured
product intended for internal consumption or topical application.
A person or entity that conducts the production, preparation,
propagation, or compounding of manufactured cannabis, as defined in
this section, or cannabis products either directly or indirectly or
by extraction methods, or independently by means of chemical synthesis
at a fixed location that packages or repackages cannabis or cannabis
products or labels or relabels its container, where the operator holds
a valid cannabis business authorization permit from the City of Bridgeton
and a valid state license for manufacturing pursuant to the "New Jersey
Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization
Act" ("NJCREAMM").
A location as approved by the Bridgeton Zoning Board and/or
Planning Board that produces, prepares, propagates, or compounds cannabis
or cannabis products, directly or indirectly, by extraction methods,
independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, and is owned and operated by
a person issued a valid cannabis business authorization permit for
manufacturing from the City of Bridgeton and a valid state license
for manufacturing pursuant to the "New Jersey Cannabis Regulatory,
Enforcement Assistance and Marketplace Modernization Act" ("NJCREAMM").
"Cannabis," as that term is defined in this article.
Any location within the City that is not within a fully enclosed
and secured structure.
An individual, firm, partnership, joint venture, association,
corporation, limited liability company, estate, trust, business trust,
receiver, syndicate, or any other group or combination acting as a
unit and includes the plural as well as the singular number.
A permit or license issued by the State of New Jersey, or
one of its departments or divisions to engage in cannabis activity.
A product intended for external use. A topical cannabis product
is not considered a drug as defined by the New Jersey Health and Safety
Code.
The transfer of cannabis or cannabis products from the permitted
business location of one licensee to the permitted business location
of another licensee, for the purposes of conducting cannabis activity
authorized by the "New Jersey Cannabis Regulatory, Enforcement Assistance
and Marketplace Modernization Act" ("NJCREAMM").
A person issued a state license, and a cannabis business
authorization permit by the City of Bridgeton authorizing the transport
of cannabis or cannabis products in amounts authorized by the State
of New Jersey, or by one of its departments or divisions.
Purpose and intent. It is the purpose and intent of this article
to promote the health, safety, and welfare of the residents and businesses
within the City of Bridgeton by regulating the cultivation, processing,
extraction, manufacturing, testing, distribution, transportation,
sale, and consumption of cannabis, whether for medical or recreational
purposes as currently allowed under New Jersey state law.
A.
Cannabis businesses and cannabis dispensaries shall be permitted,
in accordance with the criteria and procedures set forth in this section,
upon application and issuance of a permit pertaining to the operation
of the facility. It is the purpose and intent of this article to provide
opportunities for cannabis businesses to operate in the City, while
imposing regulations on the use of land to protect the City's neighborhoods,
residents, and businesses from any potential negative impacts. It
is a further purpose and intent of this article to protect the health,
safety, and welfare of the residents of the City of Bridgeton, and
to enforce rules and regulations consistent with state law. To meet
these objectives, an annual permit shall be required in order to operate
a cannabis business within the City of Bridgeton. Nothing in this
article is intended to authorize the possession, use, or provision
of cannabis for purposes which violate state or federal law. The provisions
of this article are in addition to any other permits, licenses and
approvals which may be required by the State of New Jersey.
B.
Pursuant to Article IV, Section VII, Paragraph 11 and 13 (2) of the
New Jersey Constitution, and the provisions of the "New Jersey Cannabis
Regulatory, Enforcement Assistance and Marketplace Modernization Act"
("NJCREAMM"), the City of Bridgeton is authorized to adopt ordinances
that establish standards, requirements and regulations for local licenses
and/or permits for cannabis and cannabis-related activity within the
municipality. Any standards, requirements, and regulations regarding
health and safety, security, and worker protections established by
the State of New Jersey, or any of its departments or divisions, shall
be the minimum standards applicable in the City of Bridgeton to cannabis
and/or cannabis-related activity.
C.
Except as specifically authorized in this article, the cultivation,
possession, manufacturing, processing, storing, laboratory testing,
labeling, transporting, dispensing, distribution, delivery, or sale
of cannabis or cannabis products is expressly prohibited in the City
of Bridgeton without prior municipal approval and then only within
applicable zoning designations as described herein.
D.
It is the responsibility of the owners and operators of cannabis
businesses to ensure that said businesses are operating in a manner
compliant with all applicable state and local laws, and any regulations
promulgated thereunder, and any specific additional operating procedures
or requirements which may be imposed as conditions of approval of
the cannabis business authorization permit. Nothing in this article
shall be construed as authorizing any actions which violate federal,
state, county, or local law with respect to the operation of a cannabis
business.
A.
No person shall operate a cannabis establishment, whether permanent
or temporary, in the city without first obtaining a cannabis business
authorization permit from the City of Bridgeton including any Zoning
Board approvals and/or Planning Board approvals as may be required.
B.
Number of establishments eligible for authorization. The following
number(s) of cannabis establishments may be authorized to operate
in the city, subject to this article:
(1)
Not more than seven operating under Class 1 cannabis cultivator license,
for facilities involved in growing and cultivating cannabis;
[Amended 7-18-2023 by Ord. No. 23-16]
(2)
Not more than seven operating under a Class 2 cannabis manufacturers
license, for facilities involved in the manufacturing, preparation,
and packaging of cannabis items;
[Amended 7-18-2023 by Ord. No. 23-16]
(3)
Not more than three operating under a Class 3 cannabis wholesaler
license, for facilities involved in obtaining and selling cannabis
items for later resale by other licensees;
(4)
Not more than three operating under a Class 4 cannabis distributer
license, for businesses involved in transporting cannabis plants in
bulk from one licensed cultivator to another licensed cultivator,
or cannabis items in bulk from any type of licensed cannabis business
to another;
(5)
Not more than three operating under a Class 5 cannabis retailer license
for locations at which cannabis items and related supplies are sold
to consumers;
[Amended 11-14-2022 by Ord. No. 22-36]
(6)
Not more than two operating under a Class 6 cannabis delivery licenses,
for businesses providing courier services for consumer purchases that
are fulfilled by a licensed cannabis retailer in order to make deliveries
of the purchased items to a consumer, and which service would include
the ability of a consumer to make a purchase directly through the
cannabis delivery service which would be presented by the delivery
service for fulfillment by a retailer and then delivered to a consumer;
(7)
Secure transporters (unlimited);
(8)
Safety compliance establishments (unlimited);
(9)
Zero designated consumption establishments;
(10)
Zero excess marijuana growers; and
(11)
Not more than one cannabis incubator which shall host no more
than 15 state-licensed clients. Such incubator may include a detached
or semidetached accessory greenhouse structure, provided that said
structure is located on same parcel or parcels as the incubator facility.
Owners and/or operators of a cannabis incubator shall provide the
City of Bridgeton with a monthly listing of all cannabis businesses
operating within the incubator space; including business name, square
footage, nature of the business operation (i.e., grower/cultivator,
processor/manufacturer, wholesaler, cannabis distributor, or retailer),
the name and contact information for the primary official responsible
for that business, number of employees, and date of occupancy. Each
client of the incubator shall be subject to the transfer tax.
[Amended 5-17-2022 by Ord. No. 22-14]
C.
Authorized locations for cannabis establishments. Cannabis establishments,
if approved, shall be permitted to operate within the following designated
areas in the City of Bridgeton as indicated:
(1)
All licensed establishments can operate on lots and properties within
the Southeast Industrial Redevelopment Area containing an "I" or "Industrial"
Zoning classification;
(2)
All licensed establishments can operate on lots and properties within
the Southeast Gateway Redevelopment Area containing an "I" or "Industrial"
Zoning Classification;
(3)
All licensed establishments can operate on lots or properties within
the Hope VI Redevelopment Area containing an "I" or "Industrial" Zoning
Classification, including the former Ferracte site, known as Block
103, Lots 64, 70 and 74, and 467-469 Bank Street, known as Block 71,
Lots 2 and 3, excluding any parcels containing residential uses;
(4)
All licensed establishments can operate on lots or properties within
the Port District Redevelopment Area containing an "I" or "Industrial"
Zoning Classification; and
(5)
Only establishments licensed as a Class 5 cannabis retailer shall
be permitted to operate on Block 121, Lot 8.
(6)
Only
establishments licensed as a Class 5 cannabis retailer shall be permitted
to operate on Block 170, Lot 9 (490 East Broad Street).
[Added 11-14-2022 by Ord. No. 22-36]
(7)
Only
establishments licensed as a Class 5 cannabis retailer shall be permitted
to operate on Block 13, Lot 6 (614 North Pearl Street).
[Added 9-19-2023 by Ord. No. 23-29]
A.
Requirements for applications. In order to obtain a cannabis business
authorization permit, application must be made to the City of Bridgeton,
Office of the City Clerk and must contain the following to be considered
complete:
(1)
A nonrefundable application fee in an amount of $250;
(2)
A photocopy of a valid, unexpired driver's license or state issued
identification card for all owners, directors, and officers of the
proposed establishment;
(3)
A signed application (available in the Office of the City Clerk),
which must include all of the following information and documents:
(a)
If the applicant is an individual, the applicant's name; date
of birth; Social Security number; physical address, including residential
and any business address or addresses; copy of government-issued photo
identification; email address; one or more valid phone numbers, including
emergency contact information; or
(b)
If the applicant is not an individual, the names; dates of birth;
physical addresses, including residential and any business address;
copy of government-issued photo identifications; email address; and
one or more phone numbers of each stakeholder of the applicant entity,
including designation of the highest ranking officer or representative
as an emergency contact person; contact information for the emergency
contact person; copy of articles of incorporation or organization;
assumed name registration; copy of Internal Revenue Service EIN confirmation
letter; copy of the operating agreement of the applicant, if a limited
liability company; copy of the partnership agreement, if a partnership;
names and addresses of the beneficiaries, if a trust, or a copy of
the bylaws or shareholder agreement, if a corporation; and New Jersey
Business Registration Certification.
(4)
The names, addresses, phone numbers, emails of three professional
references with whom the applicant (or highest ranking representative
if an entity) has or had professional business dealings and a brief
description of the professional relationship to the reference(s);
(5)
Consent to perform a background check/investigation by the City of
Bridgeton;
(6)
A description of the proposed establishment type with applicable
license class;
(7)
For privately owned properties and/or structures:
(a)
If a parcel and/or existing structure/building is privately
owned (e.g. where the applicant has a lease, option, land contract,
or other future interest in the property), and the owner is a person
or entity other than the applicant, the property owner's (or owners')
signature(s) will be required in addition to that of the applicant.
Note: An applicant may submit applications for multiple properties,
but only one application shall be permitted per property;
(b)
For an existing structure or building, written consent for the
City to inspect the establishment at any time during normal business
hours to ensure compliance with applicable laws and regulations;
(c)
A location area map of the establishment and surrounding area
that identifies the relative locations and the distances (closest
property line to the subject marijuana establishment's building) to
the closest real property comprising a public or private elementary,
vocational or secondary school;
(d)
A copy of all documents submitted by the applicant to the state
in connection with the application for a state operating license under
the "New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace
Modernization Act" ("NJCREAMM");
(e)
A copy of all documents issued by the state indicating that
the applicant has been prequalified or qualified for a state operating
license (if applicable);
(f)
Projection for anticipated capital investment(s) to be made
in the property/structure (if any) and the number of jobs to be created;
(g)
Submission of a security plan for the site and its operations
to be reviewed by the Chief of Police or his/her designee;
(h)
Any other information as may reasonably be requested by the
City relevant to the processing or consideration of the application;
(8)
For City-owned property:
(a)
A letter of intent (LOI) describing the proposed establishment
type including applicable license class, the specific property or
parcel to be leased or acquired, the anticipated capital investment
(i.e., projected cost of renovation of existing structure if applicable,
projected cost of new construction if applicable), the number of jobs
anticipated to be created, and any other relevant information about
the proposed project investment. An applicant may submit applications
and letters of interest for multiple City-owned properties;
(b)
A location area map of the establishment and surrounding area
that identifies the relative locations and the distances (closest
property line to the subject marijuana establishment's building) to
the closest real property comprising a public or private elementary,
vocational or secondary school;
(c)
Submission of a security plan for the site and its operations
to be reviewed by the Chief of Police or his/her designee;
(d)
A copy of all documents submitted by the applicant to the state
in connection with the application for a state operating license under
the "New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace
Modernization Act" ("NJCREAMM");
(e)
A copy of all documents issued by the state indicating that
the applicant has been prequalified or qualified for a state operating
license; and
(f)
Any other information as may reasonably be requested by the
City relevant to the processing or consideration of the application.
B.
Municipal action upon receipt of application.
(1)
For privately owned properties and/or structures, the City Clerk
will accept and receive any complete application that includes the
information and documents required by this article.
(2)
Upon receiving a complete application, the City Clerk's Office will
time-stamp and date-stamp the application and inform the applicant
of the following:
A.
The City of Bridgeton will review all applications and supplemental
information submitted by an applicant or applicants. In the event
that the City of Bridgeton receives multiple applications for a given
establishment type within a license class and the City of Bridgeton
must choose between competing applications, the City of Bridgeton
will provide the applicant with written notice that the applicant
must provide supplemental information as outlined below within 30
days of the date of the written notice and such information shall
be scored based on the following:
|
Scoring Criteria
|
Points
|
|---|---|
|
Existence of currently licensed medical cannabis facilities
in the state and history of compliance with applicable regulations
associated with medical cannabis facilities
|
10 points
|
|
Background of the applicant, including past ownership interest
in a business or businesses operating in the State of New Jersey;
past compliance with business licensing requirements, including marijuana
business licenses issued by the state
|
10 points
|
|
The number and types of full-time jobs to be filled, how many
will be open to Bridgeton residents, and program for recruiting and
training Bridgeton residents
|
10 points
|
|
Financial investment, including whether applicant contemplates
new construction and the proposed capital investment; the current
and proposed condition of the proposed location and proposed capital
investment; the applicant's ownership stake in the physical location
of the establishment along with whether the business is a MBE (minority
business enterprise), WBE (women business enterprise) or MWBE (minority/women-owned
business enterprises)
|
20 points
|
|
Area impact, including the proximity of the establishment to
properties zoned or used residentially; and plans for litter control,
loitering, neighborhood outreach, noise mitigation, odor mitigation,
resident safety, and traffic mitigation, etc.
|
10 points
|
|
Business operations, including a business plan; financial plan;
marketing and promotion plan
|
10 points
|
|
Community partnership plans if any, describing the ways the
applicant anticipates having a positive impact within the community
separate and apart from business activities
|
10 points
|
|
Security plans and strategic plans to eliminate or reduce exposure
to minors
|
10 points
|
|
Infrastructure impact, including the utilization of green infrastructure
or low-impact development design principles to manage storm water;
and the provision of nonmotorized transportation infrastructure in
excess of City requirements
|
10 points
|
B.
Review and approval process; multiple applications.
(1)
The application and all supplemental information shall be delivered
to the City Clerk who shall forward the application and any supplemental
information to the City's Cannabis Business Committee (the "Committee").
The Committee shall be comprised of the Mayor, Business Administrator,
and two members of City Council chosen by Council from among its members.
(2)
Upon timely receipt of the supplemental information described in
Subsection A., the Committee shall hold a meeting to review submissions
and assign points for each of the criteria outlined above and shall,
based on the scores, select the applicant(s) to operate within the
municipality.
(3)
The City Clerk's Office shall notify the selected applicants that
they have been granted conditional authorization. In the event of
a tied score, the Committee shall conduct a random drawing from among
the applicants with tied scores to determine which applicant shall
receive conditional authorization. The City's decision to grant conditional
authorization is not subject to appeal.
(4)
If an applicant does not submit the supplemental information described
in this section within 30 days of the date of the written notice,
then the application shall be deemed to be incomplete and will be
removed from consideration.
(5)
For any establishment type in a license class not subject to numerical
limits or otherwise not subject to the competitive process due to
multiple applications, upon determining that an application is complete,
the City of Bridgeton, through the City Clerk's Office, will issue
conditional authorizations to establishments in the order in which
applications are received.
(6)
Once the City of Bridgeton has issued conditional authorizations
for all of the establishments of permitted within a license class,
subsequent applications within that license class will be placed on
a waiting list if so requested by an applicant. Applications shall
be included on the waiting list in the order designated by the selection
committee based on the criteria outlined above.
(7)
Applications and conditional authorizations shall not be transferrable
among persons or entities, but shall be valid only for the individual
or entity in whose name the application is made.
A.
For establishments intending to operate at a privately owned property/structure
(e.g., where the applicant has a lease, option, land contract, or
other future interest in the property), the City of Bridgeton will
grant final authorization if the applicant:
(1)
Thirty days of receiving conditional authorization;
(2)
Submits an application for zoning authorization pursuant to the zoning
ordinance within 30 days of receiving conditional authorization and/or
posts necessary escrow to appear before the Zoning Board of Adjustment
(if required);
(3)
For existing structures, obtains a certificate of occupancy within
180 days of receiving conditional authorization;
(4)
For unimproved land, obtains Planning Board approval within 180 days
of receiving conditional authorization;
(5)
Obtains a recommendation from the Chief of Police or his/her designee
that an establishment's security plan for the proposed site and its
operations is adequate;
(6)
For City-owned structures or unimproved City-owned parcels in a redevelopment
area or an area in need of rehabilitation, obtains a designation as
redeveloper for specified parcel or parcels and enters into an agreement
of sale and a redevelopment agreement with the City, within 180 days
of receiving conditional approval, unless otherwise extended by the
City;
(7)
Receives required operating licenses and approvals from the state
within 180 days after conditional authorization is granted, unless
otherwise extended by the City.
B.
If the applicant for a conditionally authorized establishment fails
to satisfy any of the deadlines established above for final authorization,
the City of Bridgeton reserves the right to withdraw conditional authorization
and the City of Bridgeton may extend any deadlines upon a showing
of good cause.
A.
An application for renewal of a cannabis business authorization permit
shall be filed with the City Clerk at least 60 calendar days prior
to the expiration date of the current permit.
B.
The applicant shall pay a nonrefundable $100 renewal fee.
C.
An application for renewal of a cannabis business authorization permit
may be rejected or denied by Bridgeton City Council for any of the
following:
(1)
The cannabis business has failed to file its application within the
prescribed timeframe absent a showing of good cause;
(2)
The cannabis business authorization permit is suspended or revoked
at the time of the application;
(3)
The cannabis business has not been current in property taxes, water,
sewer, local taxes, or related fees;
(4)
The cannabis business has failed to conform to the requirements of
this article or any other regulations adopted pursuant to this article;
(5)
The cannabis business fails or is unable to maintain or renew its
State of New Jersey cannabis license;
(6)
The cannabis business fails to maintain or implement security measures
as submitted to the Bridgeton Police;
(7)
The cannabis business is the subject of repeated police calls (three
or more), ordinance violations including, but not limited to, consumption
of cannabis at or near the business establishment, noise ordinance
violations, loitering, disorderly conduct, or similar nuisance activities
at or near the premises. Note: Because cannabis businesses shall have
an affirmative duty to police its patrons and customers on-site, calls
for police assistance initiated by the cannabis business (i.e., its
employees and agents) shall not be counted against the cannabis business.
D.
If a renewal application is rejected, a person may file a new application
pursuant to this article no sooner than one year from the date of
the notice of rejection or denial.
A.
Requests for a reconsideration hearing for a cannabis business authorization
permit renewal that has been denied or rejected by Bridgeton City
Council shall be made in writing to the City Clerk not more than 20
days from the date on the notice of denial.
B.
The written request for a reconsideration hearing shall set forth
the basis upon which the cannabis business believes the rejection
or denial was improper or in error along with any supporting documentation
or other materials the cannabis business would like considered at
the hearing, along with the names of persons that will be representing
the cannabis business and/or giving testimony on behalf of the cannabis
business at the hearing. Formal rules of evidence and procedure applicable
in a court of law shall not apply to the reconsideration hearing.
C.
Upon receipt of a written request for a reconsideration hearing,
the City Clerk shall schedule the hearing which shall take place before
Bridgeton City Council at a regularly scheduled City Council meeting
where a quorum is present not more than 60 days from the date the
written request for a reconsideration hearing was received. The City
Clerk shall provide the cannabis business with written notice sent
via regular mail to the address on file in the Office of the City
Clerk stating the date, time, and location of the hearing.
D.
Upon conclusion of the hearing at a regularly scheduled City Council
meeting at which testimony and any supporting documentation has been
considered by City Council, the City may affirm, reverse or modify
the prior decision. The decision of the City Council shall be final.
A.
Cannabis businesses operating as a retail location may be open for
access to the public between the hours of 8:00 a.m. and 9:00 p.m.
B.
Other cannabis businesses (i.e., nonretail) may operate between the
hours of 6:00 a.m. and 12:00 midnight.
C.
Cannabis shall not be used, smoked, ingested, or otherwise consumed
on the premises of any cannabis-related business or elsewhere in the
City of Bridgeton other than within private residences.
D.
No cannabis or cannabis products shall be visible from the exterior
of any structure or property authorized as a cannabis business.
E.
No outdoor storage of cannabis or cannabis products is permitted
at any time.
F.
Each cannabis business shall provide the Chief of Police, Fire Chief,
Construction Official, and Code Office with the name, telephone number
(including mobile number) of one or more on-site employee(s) or owner(s),
to whom emergency notice can be provided at any hour of the day.
A.
The original copy of the cannabis business authorization permit issued
by the City pursuant to this article and copies of the cannabis license
issued by the state shall be posted inside the cannabis business in
a location readily visible to the public.
B.
Business identification signage for a cannabis business shall conform
to the requirements of the City of Bridgeton Zoning Ordinance including,
but not limited to, obtaining all permits and approvals and if applicable,
Historic District Commission approval.
C.
No signs placed on the premises of a cannabis business shall obstruct
any entrance or exit to the building or any window. No cannabis business
shall advertise by having a person holding a sign and advertising
the business to the public, whether on the premises of the cannabis
business or elsewhere including, but not limited to, the public right-of-way.
D.
Each entrance to a cannabis business shall be visibly posted with
a clear and legible notice indicating that smoking, ingesting, or
otherwise consuming cannabis on the premises or in the areas adjacent
to the cannabis business is strictly prohibited.
E.
Business identification signage shall be limited to that needed for
identification only and in conformance with the City Zoning Ordinances.
A.
Persons under the age of 21 years shall not be allowed on the premises
of a cannabis business and shall not be allowed to serve as a driver
for a mobile delivery service. It shall be unlawful and a violation
of this article for any person or business to employ any person at
a cannabis business who is not at least 21 years of age.
B.
The entrance to the cannabis business shall be clearly and legibly
posted with a notice that no person under the age of 21 years of age
is permitted to enter upon the premises of the cannabis business.
A.
Odor control devices and techniques shall be incorporated in all
cannabis businesses to ensure that odors from cannabis are not detectable
off-site. Cannabis businesses shall provide a sufficient odor-absorbing
ventilation and exhaust system so that odor generated inside the cannabis
business that is distinctive to its operation is not detected outside
of the facility or on adjacent property or public rights-of-way.
B.
Where applicable, no odor shall be present in or about interior common
area walkways, hallways, breezeways, foyers, lobby areas, or any other
areas available for use by common tenants or the visiting public,
or within any other unit located inside the same building as the cannabis
business.
C.
If and where applicable, cannabis businesses shall install measures
such as an exhaust air filtration system with odor control that prevents
internal odors from being emitted externally, or an air system that
creates negative air pressure between the cannabis business's interior
and exterior, so that the odors generated inside the cannabis business
are not detectable on the outside of the cannabis business, or such
other technology or systems to prevent external emissions of odor.
A.
A permitted cannabis business shall implement sufficient security
measures to deter and prevent the unauthorized entrance into areas
containing cannabis or cannabis products, and to deter and prevent
the theft of cannabis or cannabis products at the cannabis business.
Except as may otherwise be determined by the City, these security
measures shall include compliance with any state security regulations
required under the licensee's state cannabis license, as may be amended
from time to time.
B.
Every cannabis business and cannabis dispensary shall provide adequate
security on the premises including lighting, cameras, and alarms to
insure the safety of patrons and employees and to protect the premises
from theft. As part of an application for a cannabis business authorization
permit, applicants shall submit a security plan to the Chief of Police
or his/her designee outlining the security measures to be employed,
including any proposed coordination with the Bridgeton Police, and
the name(s) and contact information for those persons and/or entities
responsible for security at the proposed business. The information
provided pursuant to this section shall be maintained by the Bridgeton
Police as confidential information and shall not be disclosed as public
records unless required by the state or federal government agency,
court order or other legal process.
As a condition to the issuance of any cannabis business authorization
permit, the applicant shall be required to:
A.
Execute an agreement, in a form approved by the City Solicitor, agreeing
to indemnify, defend at applicant's sole cost and expense, and hold
harmless the City of Bridgeton, its officers, officials, employees,
representatives, and agents, from any and all claims, losses, damages,
injuries, liabilities or losses, which arise out of or are in any
way related to, the City's issuance of the cannabis business authorization
permit or the process used by the City in making its decision to issue
a permit.
B.
Agree to reimburse the City of Bridgeton for costs and expenses,
including, but not limited to, attorney fees, litigation costs, and
court costs which the City of Bridgeton may be required to pay as
a result of any legal challenge related to the City's approval of
the applicant's cannabis business authorization permit, or related
to the City's approval of a cannabis activity. Any participation by
the City of Bridgeton at its own expense in the defense of any such
action shall not relieve or release the applicant(s) from any obligations
imposed under this section.
A.
The City's Police Department, Fire Department, Code Enforcement,
Zoning Officer, Construction Office, and Public Officer(s) charged
with enforcing the provisions of the City of Bridgeton Code may enter
the location of a cannabis business at any time during its hours of
operation, without notice, to inspect the location of the cannabis
business to ensure that the cannabis business is compliant with approved
security measures, fire safety requirements, building code or property
maintenance code requirements, or any provision of this article as
the case may be.
B.
In the event that any violations of this article exist, the official
or officer citing such violation(s) shall provide written notice of
the violation, any remedial steps necessary to abate the violation,
and a timeframe in which violations shall be abated. Written notice
may be given via personal service and/or mailed to the representative
of the cannabis business listed on the application submitted to the
City Clerk's office.
A.
Any person violating the provisions of this article, upon a plea
of guilty or a finding of guilty in the Bridgeton Municipal Court,
and such plea or finding of guilt is deemed a first offense, shall
be subject to a fine of not less than $250 and no more than $500,
plus court costs, at the discretion of the Municipal Court Judge.
B.
Any person violating the provisions of this article, upon a plea
of guilty or a finding of guilty in the Bridgeton Municipal Court,
and such plea or finding of guilt is deemed to be a second and/or
subsequent offense, shall be subject to a fine of not less than $500
and not more than $1,000 plus court costs and/or 30 days in the County
Jail at the discretion of the Municipal Court Judge.
C.
Each day a violation is committed or permitted to continue may be
considered as a separate offense subject to per diem fines, as listed
above for first or second and subsequent offenses, at the discretion
of the Municipal Court Judge.
If any provision of this article shall be held invalid by a
court of competent jurisdiction, such judgment or order shall be limited
in its effect only to the portion of the article actually adjudged
invalid, and shall not affect the validity of the remaining portions
of this article.
This article shall become effective 20 days following the final
adoption thereof by the City Council of the City of Bridgeton and
shall be published as required by law.
[Adopted 12-19-2023 by Ord. No. 23-45[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Cannabis Transfer Tax, adopted 8-17-2021 by Ord. No. 21-16.
A.
The cannabis tax in the City of Bridgeton shall be fixed on all sales
or transfers of cannabis products as follows:
(1)
Two percent of the receipts from each sale by a cannabis cultivator,
including any receipts from the sale or transfer of cannabis or cannabis
items (i.e., any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin) by a cannabis cultivator to another
cannabis cultivator, manufacturer, wholesaler, or retailer;
(2)
Two percent of the receipts from each sale by a cannabis manufacturer,
including any receipts from the sale or transfer of cannabis or cannabis
items (i.e., any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin) from one cannabis manufacturer to another
cannabis manufacturer, cultivator, wholesaler, retailer, or other
entity;
(3)
Two percent of the receipts from retail sales of cannabis or cannabis
items by a cannabis retailer to retail consumers, including any receipts
from the sale or transfer of cannabis or cannabis items (i.e., any
usable cannabis, cannabis product, cannabis extract, and any other
cannabis resin) by a cannabis retailer to another cannabis retailer;
(4)
One percent of receipts from each sale by a cannabis wholesaler,
including any receipts from the sale or transfer of cannabis or cannabis
items (i.e., any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin) from one cannabis wholesaler to another
cannabis wholesaler, cultivator, manufacturer, retailer, or retail
consumer;
B.
The cannabis tax outlined in Subsection A shall apply to any concurrent license holder operating more than one cannabis establishment in any of the respective classes (i.e., vertically integrated cannabis establishments) to which a local cannabis tax applies, whether located in the municipality another municipality.
C.
The tax imposed by this article shall be paid to and made payable
to the City of Bridgeton, and directed to the Office of the Comptroller
no later than February 1 of each year accompanied by an independent
audit report certified as true and accurate by a certified public
accountant licensed in the State of New Jersey showing the annual
gross revenues of the cannabis establishment for each month of the
preceding year.
D.
In the event that the transfer tax or user tax imposed by this article
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 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. The lien shall be enforced as a municipal
lien in the same manner as all other municipal liens are enforced.
