As used in this chapter, the following terms shall have the
meanings indicated:
CANNABIS
A substance that is bought, sold, and used in accordance
and consistent with the laws of New Jersey and the regulations promulgated
by the New Jersey Cannabis Regulatory Commission.
CANNABIS DELIVERY SERVICE
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. "Cannabis delivery services" refer to those uses
that require possession of a Class 6 Cannabis Delivery license.
CANNABIS DISTRIBUTOR
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. Cannabis distributors refer to those uses that require
possession of a Class 4 Cannabis Distributor license under the P.L.
2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act."
CANNABIS ESTABLISHMENT
A cannabis cultivator, delivery service, distributor, manufacturer,
retailer, and/or wholesaler.
CANNABIS MANUFACTURER
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.
Cannabis manufacturers refer to those uses that require a Class 2
Cannabis Manufacturer license under the P.L. 2021, c. 16, known as
the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act."
CANNABIS RETAILER
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. Cannabis
retailers refer to those uses that require possession of a Class 5
Cannabis Retailer license under the P.L. 2021, c. 16, known as the
"New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act." This includes medical cannabis alternative treatment
centers. A cannabis retailer shall possess prior to commencing operations
a permit or permit endorsement issued by the State of New Jersey that
authorizes the dispensation or sale of cannabis or cannabis-derived
or infused products.
CANNABIS WHOLESALER
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. Cannabis wholesalers refer to those uses that require of
a Class 3 Cannabis Wholesaler license under the P.L. 2021, c. 16,
known as the "New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act."
[Amended 12-21-2022 by Ord. No. 2695-22]
Class 1through 6 Cannabis establishments shall be permitted,
pursuant to this chapter, only if the following requirements are complied
with:
A. The regulations of this section are subject to the enabling authority
of the state and are subject to compliance with all statutes and/or
regulations adopted by the state or its instrumentalities. If any
provision of this Section is inconsistent with the statutes and/or
regulations of the state, the state statutes and/or regulations shall
prevail.
B. Prior to the operation of any cannabis establishment, a permit or
license must be obtained from the state and from the Borough of Roselle
for the applicable type of cannabis establishment. No cannabis establishment
shall be permitted to operate without state and municipal permits
or licenses (including, but not limited to, a certificate of occupancy
issued by the Borough).
C. Permitted and conditional uses shall, at all times, comply with the
terms and conditions of the licensee's cannabis establishment license
for permits or licenses issued by the State of New Jersey and the
Borough of Roselle.
D. No cannabis establishment shall be allowed as a home occupation.
E. No cannabis establishment shall be housed in a vehicle or any moveable
or mobile structure.
F. No cannabis establishment shall operate an outdoor cannabis consumption
area within the Borough of Roselle.
G. 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.
H. 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.
I. Security.
(1) All cannabis establishments shall be secured in accordance with State
of New Jersey Statutes and regulations; shall 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, cannabis-derived or
cannabis-infused products. Such footage must be maintained for the
duration required under state law.
(2) To the extent not already required by the entity's state license,
all licensed facilities must provide at least one security guard (or
more if required by the state) during all times the facility is open
to the public. The security guard(s) shall be a state-certified security
officer whose certification is in good standing and shall provide
sufficient security to prevent the sale or diversion of cannabis items
to persons under the legal age.
(3) Hours. No cannabis retailer may open to customers for business before
7:00 a.m. or remain open to customers for business after 10:00 p.m.
(4) Prohibited uses. Except as expressly permitted by this Chapter
155 of the Code of the Borough of Roselle, entitled "Cannabis Establishments," any activity involving the cultivation, manufacture, processing, testing, dispensation, distribution and/or sale of cannabis, cannabis-derived or infused products are expressly prohibited in all Public Use Zones, as defined in §
650-98 of this Code.
J. Customer
congestion. Cannabis establishments shall implement appropriate procedures
for addressing potential issues arising from customer congestion,
and shall ensure that their customers and vendors do not impede pedestrian
or vehicular traffic over or to neighboring public and private properties
(including streets and sidewalks).
K. Police support. When necessary to address crowd and/or traffic issues. Cannabis establishments are responsible for obtaining police support pursuant to §
83-16 of the Borough Code.
[Amended 5-18-2022 by Ord. No. 2684-22]
A. Local licensing authority.
(1) The governing body is hereby designated to act as the local licensing
authority for the Borough for all cannabis establishments. Under all
circumstances in which state law requires communication to the Borough
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 Borough
of any action taken by the state licensing authority, the exclusive
authority for receiving such communications and granting such approvals
shall be exercised by the Borough Administrator.
(2) It is in the intent of this chapter that no cannabis establishment
may lawfully operate in the Borough 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.
B. Within 28 days of receipt of a license application from the New Jersey
Cannabis Regulatory Commission (the "Commission"), the Borough shall
inform the Commission whether such license application complies with
its ordinance or regulation, as may be applicable.
C. If the Borough receives multiple pending license applications from the Commission, the Borough shall provide input to the Commission as to the municipality's preferences for licensure in ranking order from the first to last, respectively, for each class of license and each applicant that meets the Borough's requirements set forth in Subsection
K.
[Amended 12-21-2022 by Ord. No. 2695-22]
D. The Borough
Council shall review the applications received from the Commission
and adopt a resolution to rank the applications by preferences, considering
public interest factors, including but not limited to the following:
(1) Local
patients' and consumers' interests;
(2) Jobs
and economic opportunity within the Borough;
(3) Compliance
with local ordinances and regulations;
(5) Sustainability
of the site for activities related to the operation of the proposed
cannabis establishment.
E. The Borough
Council may provide zoning approval of a proposed location of a license
applicant's cannabis business premises, which shall consist of a letter
or affidavit from the zoning officer of the Borough stating that the
location will conform with municipal zoning requirements allowing
for activities related to the operations of the proposed cannabis
business to be conducted at the location and any variances granted
concerning the operation of any cannabis business.
F. A Borough license shall be issued to an applicant that has:
[Amended 12-21-2022 by Ord. No. 2695-22]
(1) Received
an annual license from the Commission;
(2) Satisfied the requirements contained in Subsection
K, and demonstrated that the cannabis establishment will adhere to the minimum requirements set forth in §
155-3 of the Borough Code; and
(3) Received site plan approval pursuant to §
650-5 of the Borough Code, or demonstrated entitlement to an exemption on one of the grounds listed in §
650-6 of the Borough Code.
G. Any government official or employee of the Borough shall not solicit
from a cannabis business, and a cannabis business shall not offer,
any thing of value in exchange for zoning approval, proof of local
support, or written approval for such cannabis business, or take any
other action that would violate N.J.S.A. 40A:9-22.5 of the Local Government
Ethics Law.
H. Classification of licenses. The Borough may issue the following municipal
licenses to operate a cannabis establishment for either standard or
microbusiness licenses, consistent with the requirements set forth
by the Commission:
Class 1: Cannabis cultivator license
|
Class 2: Cannabis manufacturer license
|
Class 3: Cannabis wholesaler license
|
Class 4: Cannabis distributor license
|
Class 5: Cannabis retail license
|
Class 6: Cannabis delivery license
|
I. Maximum number of standard licenses.
(1) The Borough will limit the number of local cannabis establishments
with state licenses to the following: two Class 1 licenses; two Class
2 licenses; two Class 3 licenses; two Class 4 licenses; three Class
5 licenses; and five Class 6 licenses.
(2) To the extent permissible by state law, 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.
J. Maximum number of microbusiness licenses. The Borough will limit
the number of local cannabis establishments with state microbusiness
licenses to the following: two Class 1 microbusiness licenses; two
Class 2 microbusiness licenses; two Class 3 microbusiness licenses;
two Class 4 microbusiness licenses; two Class 5 microbusiness licenses;
and five Class 6 microbusiness licenses.
K. Application. Individuals or entities wishing to obtain any classification
of cannabis license shall file a license application with the Borough
Clerk on a standardized form established by the Administrator and
available in the Clerk's office. The Administrator shall establish
a reasonable application period and deadline for all applications.
An application shall be deemed incomplete and shall not be processed
by the Borough Clerk unless all documents and application fees are
submitted. To be deemed complete, all applications shall be accompanied
by the following:
(1) The applicant(s) shall submit proof that the applicant has or will
have lawful possession of the premises proposed for the cannabis establishment,
which proof may consist of: 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 applicant contingent upon successful licensing.
(2) The location proposed for licensing by the applicant shall comply
with all applicable municipal zoning laws and the location restrictions
set forth in this Code.
(3) The applicant(s) shall submit all required nonrefundable fees for
the application and license in accordance with the following fee schedules:
Standard License Application Submission Fee Schedule
|
---|
Licensure Class
|
Application Submission Fee
|
---|
Class 1 (Cultivator)
|
$200
|
Class 2 (Manufacturer)
|
$200
|
Class 3 (Wholesaler)
|
$200
|
Class 4 (Distributor)
|
$200
|
Class 5 (Retailer)
|
$200
|
Class 6 (Delivery)
|
$100
|
Microbusiness License Application Fee Schedule
|
---|
Licensure Class
|
Application Submission Fee
|
---|
Class 1 (Cultivator)
|
$100
|
Class 2 (Manufacturer)
|
$100
|
Class 3 (Wholesaler)
|
$100
|
Class 4 (Distributor)
|
$100
|
Class 5 (Retailer)
|
$100
|
Class 6 (Delivery)
|
$50
|
Background Investigation Fee Schedule
|
---|
Background Investigation Type
|
Background Investigation Fee
|
---|
Financial source
|
$1,000
|
Management services contractor
|
$1,000
|
Each owner or principal of cannabis business
|
$250
|
(4) Successful license applicants will be required to pay an approval
fee in accordance with the following schedules:
Standard License Application Approval Fee Schedule
|
---|
Licensure Class
|
Application Approval Fee
|
---|
Class 1 (Cultivator)
|
$800
|
Class 2 (Manufacturer)
|
$800
|
Class 3 (Wholesaler)
|
$800
|
Class 4 (Distributor)
|
$800
|
Class 5 (Retailer)
|
$800
|
Class 6 (Delivery)
|
$200
|
Microbusiness License Application Approval Fee Schedule
|
---|
Licensure Class
|
Application Approval Fee
|
---|
Class 1 (Cultivator)
|
$400
|
Class 2 (Manufacturer)
|
$400
|
Class 3 (Wholesaler)
|
$400
|
Class 4 (Distributor)
|
$400
|
Class 5 (Retailer)
|
$400
|
Class 6 (Delivery)
|
$50
|
(5) Reduction of licensure fees for qualifying applicants. For all state-licensed cannabis business operations, the licensing fees established within §
155-5K(3) of the Borough Code shall be reduced by the following amounts if the business entity can demonstrate that it falls within one or more of the following categories, as defined by the State of New Jersey or the Commission:
(a)
Any business that can provide a Minority Business Enterprise
and/or Women's Business Enterprise certification from the State
of New Jersey shall be entitled to a 25% reduction of the license
application submission and approval fees, or remaining fees, if a
reduction has already been applied under this subsection.
(b)
Any business that can provide proof that at least 1/2 of its
employees are residents of the Borough of Roselle shall be entitled
to a 25% reduction of the license application submission and approval
fees, or remaining fees, if a reduction has already been applied under
this subsection.
(c)
Any business that can provide proof that at least 50% of the
business is owned by a disabled military veteran, by producing such
documentation of the owner or partial owner's military service
and disability status, shall be entitled to a 25% reduction of the
license application submission and approval fees, or remaining fees,
if a reduction has already been applied under this section.
(d)
Any business that meets the criteria to qualify as a "social
equity business," pursuant to N.J.A.C. 17:30-6.6, and submits an attestation
from a qualifying owner or passive investor attesting to the qualifications
of the owner or partial owner as a social equity applicant shall be
entitled to a 25% reduction of the license application submission
and approval fees, or remaining fees, if a reduction has already been
applied under this section.
(e)
In any event, a cannabis business shall be entitled to a maximum
reduction of 50% of the license application submission and approval
fees based on the categories listed within this subsection.
(6) 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 or a subdivision thereof within the preceding five years.
(7) The applicant(s) and the application shall otherwise comply with
any and all qualification standards set forth in the state, as well
as Borough laws or regulations.
(8) No license to operate shall be issued until the applicant has received
a state permit and satisfied all prerequisites of local licensure.
(9) Reconsideration/appeal procedure. Unsuccessful applicant(s) may petition the governing body within 30 days of issuance of a final determination for a review of the evaluation by the governing body and opportunity to clarify any portion of the application which resulted in an unfavorable final determination by the governing body. Final determinations of the Mayor and Council regarding issuance of a license to operate a cannabis establishment shall only be overturned upon a showing by the applicant that the denial of a license was based on arbitrary, capricious, or unreasonable evaluations by the governing body, or due to any recognized injustice. However, under no circumstance will the governing body be obligated to award licenses above the limits established in §
155-5I.
L. Term of license and license renewals.
(1) Any local license issued pursuant to this chapter shall be valid for a period of one year from the date of issuance and shall be renewed in accordance with the provisions of this §
155-5L.
(2) The Administrator may, at their discretion, adjust the renewal date
of the local license to correlate with the applicant's state
licensing and renewal schedule.
(3) 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.
(4) Transfer of ownership of any local license or change in location
of any license or modification to expand a licensed premises shall
be subject to Borough planning review and zoning approval.
(5) Except where the Borough Clerk has received a complete renewal application
along with the requisite fees and the governing body 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.
(6) The applicant(s) shall submit all nonrefundable annual license application
submission fees required in accordance with the following fee schedules:
Standard Annual License Application Submission Fee Schedule
|
---|
Licensure Class
|
Application Submission Fee
|
---|
Class 1 (Cultivator)
|
$200
|
Class 2 (Manufacturer)
|
$200
|
Class 3 (Wholesaler)
|
$200
|
Class 4 (Distributor)
|
$200
|
Class 5 (Retailer)
|
$200
|
Class 6 (Delivery)
|
$100
|
Microbusiness Annual License Application Fee Schedule
|
---|
Licensure Class
|
Application Submission Fee
|
---|
Class 1 (Cultivator)
|
$100
|
Class 2 (Manufacturer)
|
$100
|
Class 3 (Wholesaler)
|
$100
|
Class 4 (Distributor)
|
$100
|
Class 5 (Retailer)
|
$100
|
Class 6 (Delivery)
|
$50
|
(7) Successful annual license applicants shall be required to pay an
annual license approval fee in accordance with the following schedules:
Standard Annual License Application Approval Fee Schedule
|
---|
Licensure Class
|
Application Approval Fee
|
---|
Class 1 (Cultivator)
|
$800
|
Class 2 (Manufacturer)
|
$800
|
Class 3 (Wholesaler)
|
$800
|
Class 4 (Distributor)
|
$800
|
Class 5 (Retailer)
|
$800
|
Class 6 (Delivery)
|
$200
|
Microbusiness Annual License Application Approval Fee Schedule
|
---|
Licensure Class
|
Application Approval Fee
|
---|
Class 1 (Cultivator)
|
$400
|
Class 2 (Manufacturer)
|
$400
|
Class 3 (Wholesaler)
|
$400
|
Class 4 (Distributor)
|
$400
|
Class 5 (Retailer)
|
$400
|
Class 6 (Delivery)
|
$50
|
(8) Reduction of annual license fees for qualifying applicants. Applicants that qualify for a licensing fee reduction pursuant to §
155-5K(5) of this chapter shall be entitled to a reduction of the annual license fee at the same rate as set forth in §
155-5K(5). However, under no circumstances shall an applicant be entitled to a reduction of annual license fees greater than 50%.