[HISTORY: Adopted by the Mayor and Council of the Borough
of Rockaway 8-19-2021 by Ord. No.
23-21. Amendments noted where applicable.]
A. As used in this chapter, the following words shall have the following
meanings:
CANNABIS BUSINESS
Any cannabis cultivator, cannabis manufacturer, cannabis
wholesaler, cannabis distributor, cannabis delivery service as defined
in New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act, as amended and supplemented, and any and all other forms,
classes, kinds and types of commercial and noncommercial cannabis-related
business, activities, transactions, sales or operations subject to
regulation by municipal ordinance, except that "cannabis business"
shall not mean "cannabis retailer."
CANNABIS RETAILER
Any person or entity expressly authorized pursuant to a Class
5 cannabis retailer license issued by the State of New Jersey and
a municipal license issued by the Borough of Rockaway to engage in
the retail sale of legal forms of cannabis, including usable cannabis,
cannabis items and other related lawful goods and products, to consumers
from a retail store, purchases or otherwise obtains such forms of
cannabis from cannabis cultivators and cannabis manufacturers or cannabis
wholesalers and that 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.
B. Except as otherwise provided, the terms and definitions used in this
chapter shall have the same meaning as delineated in the New Jersey
cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
Act.
All cannabis businesses, including any cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, and cannabis delivery service, are hereby prohibited from operating anywhere in the Borough of Rockaway, except as otherwise provided herein and that this shall not be construed to apply to cannabis retailer pursuant to this chapter and Chapter
172 of the Borough Code, the transportation or delivery of cannabis items and related supplies by a delivery service to consumers within the municipality and any other form of cannabis business or cannabis-related business activity that is exempt from, or not subject to, municipal regulation pursuant to state law.
The retail sale of cannabis by licensed cannabis retailers shall be permitted in the Borough, pursuant to this chapter and in accordance with Chapter
172 of the Borough Code, to the extent not inconsistent with state law or regulation, subject at all times to the following operational requirements and conditions:
A. The regulations of this section are subject to the enabling authority
of the State of New Jersey and are subject to compliance with all
statutes and/or regulations adopted by the State of New Jersey, including
by the Cannabis Regulatory Commission. If any provision of this section
is inconsistent with the statutes and/or regulations of the State
of New Jersey, the state statutes and/or regulations shall prevail.
Nothing in this chapter shall be construed to supersede federal or
state laws governing the sale, distribution and possession of cannabis.
B. Prior to the operation, and at all times thereafter, the cannabis
retailer shall hold a valid license issued by the State of New Jersey
and from the Borough of Rockaway to undertake cannabis retail activities
at the permitted location. Any state-issued license is valid only
for the location identified on the license and until the date of expiration
and may not be transferred to any other location within the Borough
without filing and issuance of a new municipal license. Any state
and Borough-issued license shall be prominently displayed at the permitted
location and available for inspection upon request by appropriate
state, local and municipal officials.
C. Cannabis retailers shall, at all times, comply with the terms and
conditions of license issued by the state and with all zoning, planning,
land use, building code, property maintenance and other applicable
provisions of the Borough Code.
D. All authorized retail operations shall be conducted solely within
the confines of the premises at the permitted location.
E. All cannabis retailers shall at all times maintain security and surveillance
systems in accordance with New Jersey State statutes and regulations
and shall meet the following requirements:
(1) There shall be controlled access to the site;
(2) There shall be security surveillance cameras installed to monitor
all entrances, along with the interior and exterior of the premises,
with 24/7 on-site video monitoring, which video shall be accessible,
retained and stored for the period prescribed by state law, but in
no case for less than 30 days;
(3) There shall be a burglary alarm system, which shall be professionally
monitored and operated 24 hours a day, seven days a week; and
(4) Properly trained security personnel on site at all times during operating
hours.
F. 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.
G. The amount of cannabis on the permitted property and under the control
of the licensee, owner or operator of the facility shall not exceed
the amount permitted by the state license.
H. Cannabis offered for sale and distribution must be packaged and labeled
in accordance with state law.
I. The public consumption, or use, of cannabis, alcohol, or other controlled
substances on the permitted premises is prohibited.
J. The operation and design of the cannabis retail facility shall minimize
any impact to adjacent uses, including the control of any odor such
that no odor is detectable beyond the permitted property. No facility
shall be operated in a manner creating noise, dust, vibration, glare,
fumes, or odors beyond the boundaries of the property on which the
facility is operated; or creating any other nuisance that hinders
the public health, safety and welfare of the residents of the Borough
of Rockaway.
K. No person operating or employed by a cannabis retail facility shall
provide or otherwise make available cannabis to any person who is
not legally authorized to possess same under state law.
L. Cannabis may be transported within the Borough under this chapter
by a person or entity licensed to do so by the state, and to effectuate
its purpose, only:
(1) In a manner consistent with all applicable state laws and rules,
as amended; and
(2) In a secure manner designed to prevent the loss of the cannabis.
M. No vehicle may be used for the ongoing or continuous storage of cannabis,
but may only be used incidental to, and in furtherance of, the transportation
of cannabis and cannabis products.
N. No cannabis retailer may open to customers for business before 8:00
a.m. or remain open to customers for business after 10:00 p.m.
O. 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. 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.
Any applicant for a cannabis retail facility shall coordinate
with the Chief of Police, or his or her designee, regarding the measures
to be taken to ensure the security of the facility and the safety
of the public and facility employees. Such measures may include, but
are not limited to, facility access controls, surveillance systems,
and site lighting consistent with the requirements of state law.
Subject to the requirements and limitations of state law, the
municipality shall have the reasonable right to inspect the premises
of any approved cannabis retailer, during its regular hours of operation,
to ensure compliance with local ordinances and regulations.
A. Local licensing authority.
(1) The Borough Administrator is hereby designated to act as the local
licensing authority for the Borough for all cannabis retailers. Except
as otherwise provided herein or in matters where the action of the
governing body or other Borough officials may be necessary or appropriate,
in 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 retailers 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 Borough
Administrator will serve as the authority for receiving such communications
and granting such approvals.
(2) Under no circumstances shall a local license for a cannabis retailer
issued by the Administrator be effective until or unless the state
has issued the requisite licenses to operate such a facility. It is
the intent of this chapter that no Cannabis retailer may lawfully
operate in the Borough of Rockaway without the issuance of a state
license and full regulatory oversight of the cannabis retailer by
the Cannabis Regulatory Commission or other state licensing authority
as well as oversight and issuance of a license by the Borough.
B. Classification of licenses. The Borough, subject to land use approval,
strict compliance with the requirements of this chapter and state
licensure, may issue a municipal license for a Class 5 cannabis retailer.
C. Maximum number of licenses. The Borough may issue a maximum of two
municipal licenses for Class 5 cannabis retailer. No licensee shall
hold more than one municipal cannabis retailer License within the
Borough of Rockaway. Any license issued by the Borough is conditional
and contingent upon the locally licensed person or entity's receipt
of a state license of the same class or type of regulated cannabis
activity.
D. Application. Persons wishing to obtain a cannabis license shall file
a license application with the Administrator, on a standardized form
established by the Borough and available in the Administrator'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 Administrator,
until all documents and application fees are submitted. To be deemed
complete, all applications shall be accompanied by the following:
(1) The applicant shall submit proof that the applicant has or will have
lawful possession of the premises proposed for the cannabis retailer,
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.
(2) The applicant shall submit an affidavit and documentary proof of compliance with all state and local laws regarding any of its activities or operations, including, but not limited to, pursuant to §
111-3 of this chapter, as applicable.
(3) The location proposed for licensing by the applicant shall comply
with all applicable municipal zoning laws and the location restrictions
set forth in the Code of the Borough of Rockaway.
(4) The applicant shall submit, to the reasonable satisfaction of the
Administrator, proof of financial capability to open and operate the
cannabis retailer for which the applicant is seeking a license.
(5) The applicant shall submit all required nonrefundable application
and conditional license fee in accordance with the following schedule:
$5,000 cannabis retailer license.
(6) 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: $2,500 per
year cannabis retailer license.
(7) In addition to complying with any state requirement related to qualifications,
credentials, financial capability, business operations and criminal
history, 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.
(8) The applicant and the application shall otherwise comply with any
and all qualification standards set forth in the state and Borough
laws or regulations.
E. Term of license and license renewals.
(1) Any municipal 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) The Administrator may, at his/her discretion, adjust the renewal
date of the local license to correlate with an applicant's state
licensing and renewal schedule.
(3) Renewal of any license shall be governed by the Borough Code and
any regulations promulgated in accordance with this chapter, including
any amendments, additional restrictions or changes thereto, by any
amendments, adoptions, additional restrictions or changes adopted
since the previous license was issued or renewed.
(4) Transfer of ownership of any local license or change of location
of any license or modification to expand a licensed premises shall
be subject to planning, zoning and/or other land use review and approval
by the Borough Land Use Board, as applicable.
(5) Except where the Administrator has received a complete renewal application
along with the 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.
F. Denial of licenses. In the event the Borough Administrator determines that the applicant does not qualify for issuance of a municipal license for a Class 5 cannabis retailer, or in some other manner has failed to satisfy the requirements or criteria pursuant to this chapter or other applicable statutes or regulations for licensure, the Borough Administrator shall notify the applicant, in writing, of such decision, the basis for such decision and of the right of the applicant to request a hearing with respect to such decision and the denial of a license pursuant to §
111-7 of this chapter.
A. Any person found to be in violation of any provision of this chapter
shall, upon conviction, be subject to a civil penalty of not less
than $1,000 nor more than $2,000. Each day any violation of any provision
of this chapter shall continue shall constitute a separate offense.
B. In addition to any civil or other penalty which may be imposed for
a violation of this chapter or the Borough Code, any license issued
under this chapter may be suspended or revoked by the Borough for
good cause upon determination of a violation of any of the provisions
of this chapter or any applicable provision of the Borough Code or
state statute or regulation. Upon determination of a violation for
which the licensee shall be subject to a suspension or revocation
of the license issued under this chapter, written notice, setting
forth the basis for the proposed suspension or revocation and of the
right to a hearing before the Borough Administrator, shall be issued
to the licensee who may, within 10 days of receipt of such notice,
request a hearing by service of a written request on the Borough.
C. Notwithstanding the foregoing subsection, when the Administrator
has reasonable grounds to believe that a licensee has engaged in deliberate
and willful violation of any applicable law or regulation, or that
the public health, safety, and/or general welfare has been jeopardized
and requires emergency action, the Administrator may enter a summary
suspension order for the immediate suspension of such license pending
further investigation and a hearing.
(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 in the manner provided in this section, provided that
any such hearing must be scheduled no later than 30 days of the date
of the suspension.
(2) Upon determination of a violation, the Borough may take appropriate
action to suspend or revoke the license issued to the cannabis retailer
by the municipality in the same manner as provided in this section.
D. Inactive licenses. Following the commencement of retail sales of
cannabis or cannabis products, the Administrator may suspend or revoke
any license if the licensed premises have been inactive or unoccupied
by the licensee for at least six months.
E. State license. The Administrator may suspend or revoke any municipal
license issued if the corresponding state license for the subject
location is expired, surrendered, suspended, or revoked.
F. Any person or entity aggrieved by the denial of an application for
a license as provided in this chapter or by the suspension or revocation
of a license as provided in this chapter may request a hearing thereon
by service of a written request on the Borough Administrator within
10 days of the receipt of the decision by which the person or entity
is aggrieved. Said hearing request shall contain a general statement
of the decision by which the person or entity is aggrieved and reasonably
describe the basis upon which the decision is being contested. Upon
receipt of such request, the Borough Administrator shall fix a time
and place for such a hearing, which shall be no later than 30 days
from the date of the receipt of the request, unless otherwise agreed.
At the time of the hearing, the licensee may be represented by counsel
and shall be afforded full opportunity to be heard, challenge the
basis of any findings and reasons cited for denial, suspension or
revocation of the license, present such evidence and testimony as
licensee may deem appropriate and otherwise show cause as to why the
proposed action should not be taken. Upon conclusion of the hearing,
the Borough Administrator shall render a decision either on the record,
if applicable, or, in writing, within 30 days. In the event the licensee
is aggrieved by the decision of the Borough Administrator, licensee
seek an appeal to the Mayor and Council in the same manner and time
as provided for a hearing under this section. The Mayor and Council
may, in their discretion, elect to consider, or not consider, such
an appeal.
A. A summons for a violation of this chapter may be issued by the Borough
Police Department, Fire Official, Code Enforcement Officer, Health
Officer, Construction Official, Zoning Officer or other authorized
officer or employee of the municipality authorized to enforce the
provisions of the Borough Code.
B. Violations of the provisions and requirements set forth or referenced
herein may be enforced in any manner the municipality deems appropriate,
including but not limited to in accordance with the provisions of
this chapter or by bringing an appropriate ordinance enforcement action.
Notwithstanding and in addition to any penalties or violations authorized
pursuant to this chapter, any violation of this chapter shall also
be subject to enforcement under any other applicable provision of
the Borough Code. In addition to any other remedies, the Borough may
institute proceedings for injunction, mandamus, abatement or other
appropriate remedies to prevent, enjoin, abate or remove any violations
of this chapter. The rights and remedies provided herein are civil
in nature. The imposition of a fine shall not exempt the violator
from compliance with the provisions of this chapter.
A. As used in §
111-9 through §
111-19 of this chapter, the term "cannabis establishment" shall have the same meaning as defined in N.J.S.A. 24:6I-33 and shall include cannabis retailer.
B. There is hereby imposed a transfer tax of 2% on receipts from the
sale of cannabis items from one cannabis establishment to another
cannabis establishment, receipts from retail sales of cannabis items
by a cannabis retailer to retail consumers and any combination thereof,
and on any and all other sales, transactions or receipts for which
a municipality is authorized to impose a tax pursuant to state law.
Such tax shall be collected or paid, and remitted to the Borough 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 Borough 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.
C. The imposition of any tax imposed pursuant to this chapter shall
be in accordance with the provisions of state law and shall be in
addition to any and all other taxes, assessments and charges that
may be imposed.
Every cannabis establishment required to collect a transfer
tax imposed pursuant to this chapter shall be personally liable for
the transfer tax or user tax imposed, collected, or required to be
collected under this chapter. 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 Borough shall be joined
as a party in any action or proceeding brought to collect the transfer
tax or user tax.
All revenues collected from a transfer tax imposed pursuant
to this chapter shall be remitted to the Chief Financial Officer of
the municipality in the manner prescribed herein. The Chief Financial
Officer shall collect and administer any transfer tax imposed pursuant
to this chapter. The Borough may enforce the payment of delinquent
taxes or transfer fees imposed pursuant to this chapter in the same
manner as provided for municipal real property taxes. In the event
that the transfer tax imposed pursuant to this chapter 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 Borough 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.
The Chief Financial Officer is charged with the administration
and enforcement of the provisions of this chapter, and, subject to
the approval of the governing body, 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 Chief Financial Officer to determine the amount
of tax due, the Chief Financial Officer may use information provided
to the Chief Financial Officer from other sources (i.e., the Commission
or Department of Treasury) to determine the amount of tax liability.
A. It shall be the duty of the Chief Financial Officer to collect and
receive the taxes, fines, and penalties imposed by this chapter. It
shall also be the duty of the Chief Financial Officer to keep a record
showing the date of such receipt. Subject to the approval of the governing
body, the Chief Financial Officer is authorized to enter agreements
with the State of New Jersey to obtain information to facilitate administration
of the tax. The Chief Financial Officer is authorized to issue a ruling
upon written request of a taxpayer or upon its own volition.
B. The Chief Financial Officer 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 Chief Financial Officer, or to any agent designated by him/her,
the means, facilities and opportunity for such examinations and investigations,
as are hereby authorized.
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 Chief Financial Officer 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 Chief Financial Officer
either by producing them at a location in the municipality or by paying
for the expenses incurred by the Chief Financial Officer or his agent
in traveling to the place where the records are regularly kept.
All cannabis establishments operating in the municipality are
required to file a transfer tax return with the Chief Financial Officer
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 Chief Financial Officer
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 Chief Financial
Officer within two years of the date of the payment.
The returns filed by taxpayers, and the records and files of
the Chief Financial Officer 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
Chief Financial Officer 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 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.
A. The Chief Financial Officer may initiate an audit by means of an
audit notice. If, as a result of an examination conducted by the Chief
Financial Officer, a return has not been filed by a taxpayer or a
return is found to be incorrect and transfer taxes are owed, the Chief
Financial Officer 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.
B. Upon proposing an assessment, the Chief Financial Officer shall send
the taxpayer an interim notice by certified mail, return receipt requested,
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 Chief Financial Officer, it must do so within 30
days of the date of such interim notice. If, after the Chief Financial
Officer sends an interim notice, a taxpayer fails to timely request
a hearing with the Chief Financial Officer or requests a hearing and
after conducting a hearing, the Chief Financial Officer determines
that the taxes are due, the Chief Financial Officer shall send the
taxpayer by certified mail, return receipt requested, a final notice.
Should the taxpayer wish to dispute the assessment set forth in the
final notice, he or she must initiate an appeal in the New Jersey
Tax Court within 90 days after the mailing of any final notice regarding
a decision, order, finding, assessment, or action hereunder.
The following periods of limitations shall apply to suits for
collection of taxes: When a return has been filed but no tax paid,
any suit brought to recover the tax due and unpaid shall be filed
within two years after the return was due or filed, whichever is later.
Where no return was filed or a fraudulent return was filed, there
shall be no limits to file suit for the collection of taxes. Where,
before the expiration of the time prescribed in this section for the
filing a lawsuit against the taxpayer, both the Chief Financial Officer
and the taxpayer have consented in writing to its extension after
such time, the suit may be filed at any time prior to the expiration
of the period agreed upon. The period so agreed upon may be extended
by subsequent agreements in writing made before the expiration of
the period previously agreed upon.
Any person who receives an interim notice from the Chief Financial
Officer may, within 30 days after the date of an interim notice, request
a hearing with the Chief Financial Officer. Any person who fails to
request a Chief Financial Officer's hearing in a timely manner
waives the right to administratively contest any element of the assessment.
The Chief Financial Officer shall accept payments of disputed tax
amounts under protest pending appeals; however, any request for refund
of such monies must be filed in accordance with this section.
Any aggrieved taxpayer may, within 90 days after the mailing
of any final notice regarding a decision, order, finding, assessment,
or action hereunder, or publication of any rule, regulation or policy
of the Chief Financial Officer, appeal to the Tax Court pursuant to
the jurisdiction granted by N.J.S.A. 2B:13-2a(3) to review actions
or regulations of municipal officials by filing a complaint in accordance
with the New Jersey Court Rule 8:3-1. The appeal provided by this
section shall be the exclusive remedy available to any taxpayer for
review of a final decision of the Chief Financial Officer in respect
to a determination of liability for the tax imposed by this chapter.