[HISTORY: Adopted by the Township Council of the Township of Pequannock 7-13-2021 by Ord. No. 2021-13. Amendments noted where applicable.]
This chapter is enacted to regulate cannabis related business operations within the Township of Pequannock in accordance with the provisions of an act of the Legislature of the State of New Jersey, entitled "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," P.L. 2021, c. 16 (hereinafter referred to as "Act") and its supplements and amendments. It shall be a violation of this chapter for any person or entity to operate a cannabis establishment within the Township without possessing a license issued under this Chapter.
For the purpose of this chapter, words and phrases shall have the meanings given in the Act.[1]
[1]
Editor's Note: N.J.S.A. 24:6I-31 et seq.
A. 
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the act, rules and regulations referred to in § 119-1 and all other applicable laws of the State of New Jersey.
B. 
Issuing authority. The Clerk of the Township is authorized and empowered to issue licenses for cannabis establishments.
C. 
License applications; provisions. No license shall be issued except after written application presented by the proposed licensee in such form and upon complying with the provisions of this chapter.
D. 
License fees. The initial license fee shall be $1,000. The annual license fee shall be $500.
A. 
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this Chapter or any provisions of any applicable statute or any of the rules or regulations of the State of New Jersey.
B. 
Unless the immediate suspension is necessary for preservation of public safety, proceedings for the suspension or revocation of any license issued under this chapter shall be commenced by the service of a five-day notice of charges preferred against the licensee by the Clerk and affording a reasonable opportunity for a hearing before the Township Council. Licenses may be suspended or revoked for any violation of this chapter. Licensees shall have 45 days from receipt of written notice to correct any and all noticed charges under this chapter.
C. 
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
D. 
Any license issued by the Township of Pequannock under this chapter shall be suspended and/or revoked upon the suspension and/or revocation of the licensee's license issued by the State of New Jersey and/or the New Jersey Cannabis Regulatory Commission.
The class of cannabis license permitted in the Township shall be for a cannabis cultivator. No license for any other class of cannabis establishment, including cannabis retailers, manufacturers, distributors, wholesalers, testing facilities, or delivery services, shall be available.
The following conditions are required for the issuance and renewal of a cannabis establishment license:
A. 
Applicant must possess any and all required licenses, permits or authorizations from the State of New Jersey and/or the New Jersey Cannabis Regulatory Commission for the operation of a cannabis establishment.
B. 
The applicant has received the requisite land use approval from the appropriate land use board (either the Planning Board or Zoning Board of Adjustment) having jurisdiction over the required approvals
C. 
The applicant is in compliance with the following operational requirements:
(1) 
A cannabis facility shall comply with the zoning code, the building code, the property maintenance code, and all conditions of the applicable land use approval at all times.
(2) 
The facility must hold at all times a valid license or permit issued by the State of New Jersey to undertake cannabis cultivation and manufacturing activities (when required for any accessory production) at the permitted property. A state-issued license is valid only for the location identified on the license and until the expiration date printed on the license and cannot be transferred to another location in the Township without a new application. The state-issued license shall be prominently displayed inside the permitted premises in a location where it can be easily viewed by law enforcement and administrative authorities. Any cannabis facility is subject to compliance with all state laws, regulations and guidelines with respect to cannabis licenses issued by the State of New Jersey.
(3) 
Cultivation and manufacturing operations shall be conducted solely within the permitted premises on the permitted property.
(4) 
No person under the age of 18 shall be permitted to enter into the permitted premises without a parent or legal guardian.
(5) 
A cannabis cultivation or manufacturing facility shall at all times maintain a security system that meets state law requirements.
(6) 
All cannabis in whatever form stored at the permitted premises shall be kept in a secure manner and shall not be visible from outside the permitted premises, nor shall it be grown, processed, exchanged, displayed or dispensed outside the permitted premises.
(7) 
The amount of cannabis on the permitted property and under the control of the permit holder, owner or operator of the facility shall not exceed the amount permitted by the state license.
(8) 
No pictures, photographs, drawings, or other depictions of cannabis or cannabis paraphernalia shall appear on the outside of any permitted premises nor be visible outside of the permitted premises on the permitted property.
(9) 
The words "marijuana," "cannabis" and any other words used or intended to convey the presence or availability of marijuana shall not appear on the outside of the permitted premises nor be visible outside of the permitted premises on the permitted property.
(10) 
No person operating or employed by a cannabis cultivation facility shall provide or otherwise make available cannabis to any person who is not legally authorized to possess same under state law.
(11) 
All necessary building, electrical, plumbing and mechanical permits must be obtained for any part of the permitted premises in which electrical, wiring, lighting or watering devices that support the cultivation, growing, harvesting or testing of cannabis are located.
(12) 
The owner and operator of a cannabis cultivation or manufacturing facility shall use lawful methods in controlling and disposing of waste or by-products from any activities allowed under the state license or permit.
(13) 
Odor and noise control methods as established shall be maintained at all times.
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Chapter 74, Violations and Penalties.