[HISTORY: Adopted by the Township Council of the Township
of Willingboro 8-3-2021 by Ord. No. 2021-11. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A cannabis cultivator is defined as 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.
A cannabis manufacturer is defined as 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.
A cannabis wholesaler is defined as 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.
A cannabis distributor is defined as 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.
A cannabis retailer is defined as 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.
A cannabis delivery service is defined as 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.
A structure in which one or more persons actually reside
in conformance with state and local law or which has a certificate
of occupancy permitting residency. The structure may be exclusively
or partially residential.
To be measured in the normal way that a pedestrian would
properly walk from the nearest entrance of the cannabis licensee to
the nearest entrance of the site whose proximity from the licensee
is being measured. The said method of measurement, which is also found
in N.J.S.A. 33:1-76, shall be interpreted consistent with administrative
and other case law addressing the issue of measurement under the said
statute.
A.
Generally. The Township hereby establishes that the following cannabis
license classes, as defined above, are permissible in the Township
subject to the licensing requirements, rules, and regulations established
herein and by state law:
B.
Certain class-related requirements.
(2)
No Class 5 retail license may operate within 800 feet legal walking
distance as defined above of another Class 5 retail license operation.
(3)
Nothing herein obligates the local licensing authority to issue all
licenses available in any class.
(4)
Licensure in all classes may be, but are not required to be, held
by the same entity or individual, but an entity may not hold more
than one cannabis retailer license. Any license conditionally issued
by the Township is contingent upon the locally licensed entity's or
individual's subsequent receipt of a state permit or license of the
same class or type of regulated cannabis activity.
A.
Transfer tax imposed. There is hereby imposed a transfer tax of 2%
on receipts from the sale of cannabis by a cannabis cultivator to
another cannabis cultivator; receipts from the sale of cannabis items
from one cannabis manufacturer to another cannabis establishment;
and receipts from the retail sales of cannabis items by a cannabis
retailer to retail consumers who are 21 years of age or older; and
a tax of 1% of the receipts from each sale by a cannabis wholesaler.
Such tax shall be collected or paid, and remitted to the municipality
by the cannabis establishment from the cannabis establishment purchasing
or receiving the cannabis or cannabis item, or from the consumer at
the point of sale, on behalf of the municipality by the cannabis retailer
selling the cannabis item to that consumer. The transfer 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. No cannabis establishment required to collect a transfer tax
imposed hereunder 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 the consumer, or that the transfer
tax will be refunded to the cannabis establishment or the consumer.
B.
Tax liability. Every cannabis establishment required to collect a
transfer tax imposed by ordinance pursuant to this section 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 from another cannabis establishment or the consumer as if the
transfer 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 or consumer, as if the transfer 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 municipality shall be joined as a party in any action or proceeding
brought to collect the transfer tax or user tax.
C.
Collection of taxes and liens. All revenues collected from a transfer
tax imposed by ordinance pursuant to this section shall be remitted
to the Tax Collector in the manner prescribed herein. The Tax Collector
shall collect and administer any transfer tax imposed by ordinance
pursuant to this chapter. The municipality may enforce the payment
of delinquent taxes or transfer fees imposed by ordinance pursuant
to this section in the same manner as provided for municipal real
property taxes. In the event that the transfer tax imposed by ordinance
pursuant to this section 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. The municipality
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.
D.
Certain powers and duties of Tax Collector.
(1)
General powers and duties. The Tax Collector is charged with the
administration and enforcement of the provisions of this chapter and
is empowered to prescribe, adopt, promulgate and enforce rules and
regulations relating to any matter pertaining to the administration
and enforcement of this chapter, including provisions for the reexamination
and corrections of declarations and returns, and of payments alleged
or found to be incorrect, or as to which an overpayment is claimed
or found to have occurred, and to prescribe forms necessary for the
administration of this chapter. Should a cannabis establishment fail
or refuse to provide adequate information to the Tax Collector to
determine the amount of tax due, the Tax Collector may use information
provided to the Tax Collector from other sources (i.e., the Commission
or Department of Treasury) to determine the amount of tax liability.
(2)
Other powers and duties. It shall be the duty of the Tax Collector
to collect and receive the taxes, fines, and penalties imposed by
this chapter. The Tax Collector shall establish a line item displayed
in the municipal budget which is exclusively designated for the collection
of all taxes, fines and penalties imposed by this chapter. It shall
also be the duty of the Tax Collector to keep a record showing the
date of such receipt. The Tax Collector is authorized to enter into
agreements with the State of New Jersey to obtain information to facilitate
administration of the tax. The Tax Collector is authorized to issue
a ruling upon written request of a taxpayer or upon its own volition.
(3)
Examination of taxpayer records. The Tax Collector is hereby authorized
to examine the books, papers and records of any taxpayer to verify
the accuracy of any declaration or return, or if no declaration or
return was filed, to ascertain the tax due. Every taxpayer is hereby
directed and required to give to the Tax Collector, or to any agent
designated by him/her, the means, facilities and opportunity for such
examinations and investigations, as are hereby authorized.
E.
Taxpayer records, returns, and audits.
(1)
Taxpayer recordkeeping. Taxpayers liable for the transfer tax are
required to keep such records as will enable the filing of true and
accurate returns or the tax and such records shall be preserved for
a period of not less than three years from the filing date or due
date, whichever is later, in order to enable the Tax Collector or
any agent designated by him to verify the correctness of the declarations
or returns filed. If records are not available in the municipality
to support the returns which were filed or which should have been
filed, the taxpayer will be required to make them available to the
Tax Collector either by producing them at a location in the municipality
or by paying for the expenses incurred by the Tax Collector or his
agent in traveling to the place where the records are regularly kept.
(2)
Returns. All cannabis establishments operating in the municipality
are required to file a transfer tax return with the Tax Collector
to report their sales during each calendar quarter and the amount
of tax in accordance with the provisions of this chapter. Returns
shall be filed and payments of tax imposed for the preceding calendar
quarter shall be made on or before the last day of April, July, October,
and January, respectively. A taxpayer who has overpaid the transfer
tax, or who believes it is not liable for the tax, may file a written
request on an amended tax return with the Tax Collector for a refund
or a credit of the tax. For amounts paid as a result of a notice asserting
or informing a taxpayer of an underpayment, a written request for
a refund shall be filed with the Tax Collector within two years of
the date of the payment.
(3)
Confidentiality. The returns filed by taxpayers, and the records
and files of the Tax Collector respecting the administration of the
transfer tax, shall be considered confidential and privileged and
neither the municipality nor any employee or agent engaged in the
administration thereof or charged with the custody of any such records
or files, nor any former officer or employee, nor any person who may
have secured information therefrom, shall divulge, disclose, use for
their own personal advantage, or examine for any reason other than
a reason necessitated by the performance of official duties any information
obtained from the said records or files or from any examination or
inspection of the premises or property of any person. Neither the
Tax Collector nor any employee engaged in such administration or charged
with the custody of any such records or files shall be required to
produce any of them for the inspection of any person or for use in
any action or proceeding except when the records or files or the facts
shown thereby are directly involved in an action or proceeding under
the provisions of the State Uniform Tax Procedure Law[1] or of the tax law affected, or where the determination
of the action or proceeding will affect the validity or amount of
the claim of the municipality under the tax provisions of this chapter.
[1]
Editor's Note: See N.J.S.A. 54:48-1 et seq.
(4)
Audit and assessment. The Tax Collector may initiate an audit by
means of an audit notice. If, as a result of an examination conducted
by the Tax Collector, a return has not been filed by a taxpayer or
a return is found to be incorrect and transfer taxes are owed, the
Tax Collector is authorized to assess and collect any tax due. If
no return has been filed and tax is found to be due, the tax actually
due may be assessed and collected with or without the formality of
obtaining a return from the taxpayer. Deficiency assessments (i.e.,
where a taxpayer has filed a return but is found to owe additional
tax) shall include taxes for up to three years to the date when the
deficiency is assessed. Where no return was filed, there shall be
no limit to the period of assessment.
(5)
Notice; hearing. Upon proposing an assessment, the Tax Collector
shall send the taxpayer an interim notice which advises the taxpayer
of additional taxes that are due. Should the taxpayer wish to dispute
the assessment administratively by requesting a hearing with the Tax
Collector, it must do so within 30 days of the date of such interim
notice. If, after the Tax Collector sends an interim notice, a taxpayer
fails to timely request a hearing with the Tax Collector or requests
a hearing and, after conducting a hearing, the Tax Collector determines
that the taxes are due, the Tax Collector shall send the taxpayer
a final notice.
A.
Distance. No class of license or cannabis business shall operate
within 200 feet legal walking distance as defined above from any place
of worship or a school providing education for grades kindergarten
through 12, or of any legal residence as defined above. However, if
there were no such places of worship, schools, or legal residences
within the said distance at the time of licensure, then subsequent
construction or conversion shall not affect the licensee's right to
operate.
B.
Statutory zoning. The above distance standards are not intended to
supersede or in any way limit the legal effect of the state zoning
standards for such businesses under N.J.S.A. 24:6I-45, which provide:
(1)
The growing, cultivating, manufacturing, and selling and reselling
of cannabis and cannabis items, and operations to transport in bulk
cannabis items by a cannabis cultivator, cannabis manufacturer, cannabis
wholesaler, or as a cannabis distributor or cannabis delivery service,
shall be permitted use in the B-1 Primary Business District, and I-1
Restricted Industrial District zones of the municipality. The A-1
Zoning District shall be restricted to only alternative treatment
centers (medical marijuana establishments).
(2)
The selling of cannabis items to consumers from a retail store by
a cannabis retailer shall be a conditional use in all commercial zones
or retail zones, subject to meeting the conditions set forth in any
applicable zoning ordinance or receiving a variance.
A.
No mobile sites. No cannabis establishment shall be housed in a vehicle
or any movable or mobile structure.
B.
Odor. Cannabis establishments shall have equipment to mitigate odor.
The building shall be equipped with a ventilation system with carbon
filters sufficient in type and capacity to mitigate cannabis odors
emanating from the interior of the premises.
C.
Noise. 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.
D.
Security. All classes of cannabis licensees 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.
E.
Hours. No cannabis retailer may open to customers for business before
8:00 a.m. or remain open to customers for business after 8:00 p.m.
F.
No sale or use of alcohol or tobacco. There shall be no on-site sales
of alcohol or tobacco products, and no on-site consumption of alcohol
or tobacco.
G.
Cameras. All sites must be equipped with security cameras covering
all exterior parking and loading areas, points of entry, and interior
spaces which are either open to the public or used for the storage
or processing of cannabis products. Footage must be maintained for
the duration required under state law. All licensed facilities must
provide the Township of Willingboro Township Police with access to
security footage immediately upon request.
H.
Signage promoting excessive consumption. No cannabis business shall
display signage containing text and/or images intended to promote
excessive consumption of legal cannabis products.
A.
Any permitted cannabis facility shall restrict signage to the appropriate
signage requirements permitted by the Township Code. Signage shall
conform to the general character of the area in which the facility
is located.
B.
Any permitted cannabis facility signage shall not be illuminated
at any time.
C.
Any permitted cannabis facility shall not display on the exterior
of the facility advertisements for consumption or a brand name except
for purposes of identifying the building by the permitted name.
D.
Any permitted cannabis facility shall not advertise on the exterior
of the facility or exterior signage.
E.
The terms "cannabis," "marijuana" and any paraphernalia related thereto
shall not be displayed or clearly visible to a person from the exterior
of the permitted cannabis facility.
F.
No cannabis product shall be visible from a public sidewalk, public
street or right-of-way or any other public place.
G.
All cannabis products shall be stored securely indoors and on site.
H.
Any permitted cannabis facility shall post signage indicating that
consumption is prohibited on site and outside of the facility.
A.
Local licensing authority. The Municipal Clerk or their designee
(hereinafter referred to as "Clerk," also referencing such designee
in each instance) is hereby designated to act as the local licensing
authority for the Township for all cannabis classes of licenses. Under
all circumstances in which state law requires communication to the
Township by the cannabis Regulatory Commission 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
or for the grant of any class of license by the Township, the exclusive
authority for receiving such communications and granting such approvals
for any class of license shall be exercised by and through the Clerk.
Under no circumstances shall a local license for a cannabis establishment
issued by the Township be effective until or unless the state has
issued the requisite permits or licenses to operate such a facility.
It is the intent of this chapter that no cannabis establishment may
lawfully operate in the Township without the issuance of a state permit
or 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.
B.
Application. Persons wishing to obtain any classification of cannabis
license shall file a license application with the Clerk on a standardized
form established by the Municipal Clerk's Office. The Clerk shall
establish an application period and deadline for all applications.
An application shall be deemed incomplete, and shall not be processed
by the Clerk, until all documents are submitted and fees paid. The
Office of the Clerk may grant or deny any application in its sole
discretion. To be deemed complete, all applications shall be accompanied
by the following:
(1)
The applicant has submitted a completed application.
(2)
The applicant shall submit proof that the applicant has or will have
lawful possession of the premises proposed for the cannabis establishment
with the permitted locations as established herein, which proof may
consist of a deed, a lease, a real estate contract contingent upon
successful licensing, or a binding letter of intent by the owner of
the premises indicating an intent to lease the premises to the entrant
contingent upon successful licensing.
(3)
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 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.
(4)
The location proposed for licensing by the applicant shall comply
with all applicable municipal zoning laws and the location restrictions
set forth in this chapter.
(5)
The applicant shall submit, to the satisfaction of the Clerk, proof
of financial capability to open and operate the cannabis establishment
for which the applicant is seeking a license. Standards for proof
of financial capability shall be determined by the Department of Economic
Development.
(7)
The applicant shall submit all annual registration fees required
in accordance with the following fee schedule, which shall be refunded
in the event the applicant does not receive a license:
(b)
Reduction of fees.
[1]
Any business that can provide proof that a resident of the Township
of Willingboro maintains at least 50% ownership in the business shall
be entitled to a 25% reduction of the licensure fee and annual registration
fee, or remaining fee if a reduction has already been applied under
this section.
[2]
Any business that can provide a Minority Business Enterprise
Certification from the State of New Jersey shall be entitled to a
25% reduction of the licensure fee and annual registration fee, or
remaining fee if a reduction has already been applied under this section.
[3]
Any business that can provide a Women's Business Enterprise
Certification from the State of New Jersey shall be entitled to a
25% reduction of the licensure fee and annual registration fee, or
remaining fee if a reduction has already been applied under this section.
[4]
Any business that can provide proof that at least 1/3 of its
employees are residents of the Township of Willingboro Township shall
be entitled to a 50% reduction of the licensure fee and annual registration
fee, or remaining fee if a reduction has already been applied under
this section. In order to receive a reduction under this section,
the business entity must provide adequate proof of employment and
residency in the form of payroll history (amounts redacted) and proof
of residency demonstrating at least nine months of both residency
and active employment. The Township reserves the right and the applicant
agrees to permit the Township to contact any employees referenced
in order to verify employment and residency.
[5]
Any business that can provide proof that it relies on local
goods and services, in the form of at least two ancillary service
contracts the business has awarded to other businesses located within
the Township of Willingboro Township, shall be entitled to a 25% reduction
of the licensure fee and annual registration fee, or remaining fee
if a reduction has already been applied under this section. In order
to receive a reduction under this section, the licensed business entity
must provide proof of an ancillary service contract with other local
businesses valued over $5,000 for goods or services provided to the
business the previous year and proof of payment. The Township of Willingboro
Township shall confirm that each ancillary service company is a business
entity located within the Township of Willingboro Township and possesses
a valid business license in good standing. Ancillary services shall
include, but shall not be limited to, mechanical services, auto repair
services, custodial services, office furniture and/or supplies, labor,
food, advertisement, IT services, and construction and/or repair services.
[6]
Any business that can provide proof that a veteran maintains at least
50% ownership in the business shall be entitled to a 25% reduction
of the licensure fee and annual registration fee, or remaining fee
if a reduction has already been applied under this section.
[Added 12-21-2021 by Ord. No. 2021-17]
(8)
In addition to complying with any state requirement related to good
character and criminal background, any person proposed to have an
ownership interest in the license 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. The applicant and the application shall otherwise comply
with any and all qualification standards set forth in the state and
Township laws or regulations.
(9)
The Clerk shall consider and give preference to the following criteria
in awarding any class of license:
(a)
The applicant's ties to the Willingboro Township, demonstrated
by at least one individual applicant or shareholder's proof of residency
in Willingboro Township or at least one shareholder's or individual's
continuous ownership of a business based in Willingboro Township,
or the intent to relocate and reside in Willingboro Township, or an
intent to relocate or establish a business in Willingboro Township;
and
(b)
The applicant's demonstrated commitment to diversity in its
ownership composition and hiring practices, including a plan to hire
residents of Willingboro Township, and whether the applicant entity
or its parent company holds any certifications as a New Jersey minority-owned,
women-owned, or veteran-owned business.
(10)
Notwithstanding the foregoing application process, a notification
of award and conditional municipal license shall entitle the recipient
applicant to pursue a state permit or license in the appropriate classification
for up to three months, which may be extended in the Township Council's
discretion for an additional time period. No license to operate shall
issue until the applicant has received a state permit and satisfied
other prerequisites of municipal licensure. If the recipient of a
notice of award and conditional license has not received a state permit
or license within six months from issuance, unless extended, the preliminary
approval may be revoked.
(11)
The Clerk may waive or amend any requirement or implement any
requirement, extend any time period, and otherwise modify the application
process.
(12)
The Clerk shall make recommendation to the governing body of
selected applicants, wherein licenses shall only be approved upon
a majority vote of the members present.
C.
Term of license and license renewals.
(1)
Any local license issued pursuant to this chapter shall be valid
for a period of three years from the date of issuance and shall be
renewed in accordance with the provisions of this chapter.
(2)
In order to renew the licenses, the applicant shall pay a nonrefundable
application fee and submit a new application to the Municipal Clerk's
office, who shall then consider whether to renew the license. In any
renewal application, the Clerk shall give weights to any applicant
that has increased the diversity of its workforce during its years
of operation and/or increased the number of Willingboro Township residents
who were hired during the preceding three years. The failure to increase
diversity or hire additional Willingboro Township residents is cause
to deny the application for renewal. To the extent that an application
for renewal has increased the diversity of its workforce/ownership,
and/or increased the number of Willingboro Township residents employed
by more than 20%, the application for renewal shall be granted provided
that the applicant has complied with all terms of this chapter, paid
all fees, and is not in violation of any laws, rules or regulations.
(3)
The Clerk may, at his/her discretion, adjust the renewal date of
the local license to correlate with an applicant's state licensing
and renewal schedule.
(4)
Renewal of any license shall be governed by any code amendments,
additional restrictions or changes in regulations adopted since the
previous license was issued or renewed.
(5)
Transfer of ownership of any local license or change of location
of any license or modification to expand a licensed premises shall
be submitted to the Township Clerk for review and be presented to
the governing body for vote and approval, which may be conditioned
or denied.
(6)
Except where the Municipal Clerk's office has received a complete
renewal application along with the paid nonrefundable requisite fees,
and has issued a license renewal, it shall be unlawful for any person
to manufacture, sell, distribute, transfer, transport, or otherwise
remove cannabis or cannabis products from the premises of any license
after the expiration date recorded on the face of the license.
A.
Nuisance. With respect to the operation any cannabis license, the
following is hereby declared to be an unlawful public nuisance:
(1)
Odors or noise which are disturbing to people of reasonable sensitivity
who may be residing near or present on nearby property, including
areas open to the public.
(2)
Repeated dispatches to the property by law enforcement.
(3)
Disruption to and/or obstruction of the free passage of persons and/or
vehicles in the immediate vicinity of the property.
(4)
Any other condition or act which may be deemed a violation of this
chapter.
B.
Disciplinary actions. Procedures for investigation of license violations
and for suspension, revocation, or other licensing sanctions as a
result of any such violation shall be as follows:
C.
Summary suspension. Notwithstanding the foregoing section, when the
Department of Code Enforcement has grounds to believe that a licensee
has engaged in a violation of any applicable law or regulation, created
a nuisance, dangerous, or unsanitary condition, or that the public
health, safety, and/or general welfare has been jeopardized, the Department
of Code Enforcement may enter a summary suspension order for the immediate
suspension of such license pending further investigation. The license
holder consents to jurisdiction of the Department of Code Enforcement
and to suspension of same as decided by the Department of Code Enforcement.
(1)
The summary suspension order shall be in writing and shall state
the reasons therefor. The licensee shall be afforded an opportunity
for a hearing as outlined herein.
(2)
The Department of Code Enforcement shall convene a review panel consisting
of the Township Solicitor, 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 order.
(3)
The review panel 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 Township
may issue fines up to, but not to exceed, $2,000 per offense and/or
suspension of the license for a period not to exceed six months.
D.
Inactive licenses. All license holders must notify the Clerk within
30 days if said license holder intends to become inactive. Notwithstanding,
should said license holder fail to report their inactivity following
the commencement of retail sales of cannabis or cannabis products,
the Township may suspend or revoke any license if the licensed premises
have been inactive or unoccupied by the licensee for at least six
months.
E.
Reissuing of licenses. The Township may reissue any licenses that
become inactive or revoked by utilizing the same licensing process
as outlined in this chapter.
F.
State license. The Township may suspend or revoke any license if
the corresponding state license or permit for the subject location
is expired, surrendered, suspended, or revoked.
