[Adopted 8-25-2021 by Ord. No. 38-2021]
As used in this article, the following terms shall have the
meanings indicated:
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. This person or entity shall hold a Class 1 cannabis
cultivator license.
Any licensed 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.
Any licensed 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.
Any licensed 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 any 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.
Any licensed 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 a certified cannabis handler 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.
Any licensed 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.
A person or entity licensed 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:
A.
Employ no more than 10 employees;
B.
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 the plane not higher than 24 feet;
C.
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;
D.
Acquire each month, in the case of a cannabis manufacturer, no more
than 1,000 pounds of usable cannabis;
E.
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; and
F.
Acquire for retail sale each month, in the case of a cannabis retailer,
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.
No person shall engage in or carry on any marijuana business,
medicinal or recreational, in the City of Atlantic City, nor aid or
assist as employee, clerk or otherwise in carrying on such business,
or in using any wagon, vehicle, stand, store or other place or thing,
nor sell or offer for sale any goods or thing for which a license
is required by the terms of this article unless a license as herein
provided for shall have been first obtained therefor from the state
and the City. Both the state and local license(s) must be displayed
prominently and posted in a conspicuous place within public view.
Application for local license shall be made to the City CFO;
no local license shall be granted until the payment for the same shall
have been made. Every local license shall specify by name the person
to whom it shall be issued, the business for which it is granted and
the location at which such business is to be carried on.
A.
All medicinal and recreational marijuana license fees shall be due
and payable to the City Cashier at its office in the City Hall on
or before the first day of February in each year, and all such licenses
shall expire on the 31st day of January of the subsequent year.
B.
The medicinal and recreational marijuana license fees shall be due
prior to the issuance of said license. The initial application fee
shall serve as the initial license fee. The application fee for all
cannabis licenses shall be $25,000. In addition to the local annual
license fee, there is required a local application fee, excluding
licenses for microbusinesses, which shall be $25,000, payable in two
checks: one for $20,000 and one for $5,000. If the application is
not approved, the check for $20,000 will be destroyed. If the application
requires the approval of the Department of Health, there will be an
additional fee of $2,000. The lower portions of the application fees
shall be nonrefundable.
C.
All fees for renewing of a current medicinal or recreational marijuana
license are due on or before the expiration of the current license.
In the event that the fees for renewals are not paid within 30 days
of the date due, there shall be assessed a penalty of $250 and $250
for each thirty-day period thereafter that the fees are not paid.
Further, the business or enterprise for which the fee had not been
paid in a timely fashion shall be subject to closure.
