[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
The Division of Taxes and Revenues shall be entitled to collect
a cannabis Transfer Tax and User Tax.
a.
Transfer Tax is a percentage based on receipts of each sale from
these cannabis establishments in the following amounts:
b.
User Tax shall be imposed on the value of each transfer or use of
cannabis or cannabis items not otherwise subject to the transfer tax
imposed in this Section in the following amounts:
1.
Cannabis Cultivator - Shall be taxed at 2%.
2.
Cannabis Manufacturer - Shall be taxed at 2%.
3.
Cannabis Wholesaler - Shall be taxed at 1%.
4.
Cannabis Retailer - Shall be taxed at 2%.
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This revenue shall be remitted to the City on a monthly basis
with proper documentation showing the total monthly sales, transfer
amount, or use of cannabis or cannabis items on which the taxes are
based on.
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[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
Any delinquent taxes not paid to the City will be treated in
the same manner provided by law as delinquent municipal real property
taxes. The delinquent taxes shall be charged an interest at a rate
of 8% for the first $1,500 delinquent then at a rate of 18% for any
remaining balance.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
Adult-Use Cannabis Establishments must operate in compliance
with all State laws and regulations, all conditions of the establishment's
State operating licenses, and all applicable City ordinances. Compliance
with the foregoing does not create immunity from prosecution by federal
authorities or other authorities of competent jurisdiction.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
Smoking, inhalation, or other consumption of cannabis may take
place on or within the premises of an approved cannabis consumption
establishment. If an establishment is not an approved cannabis consumption
establishment it shall be a violation of this Chapter to engage in
such behavior, or for a person to knowingly to allow such behavior
to occur. A consumer shall only be allowed to consume cannabis that
is purchased at the retailer that has the consumption license. Evidence
of all of the following gives rise to a rebuttable presumption that
a person allowed the consumption of cannabis on or within a non-approved
cannabis consumption establishment in violation of this Section:
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
The indoor cannabis consumption area shall be separated by solid
walls or windows from the area in which retail sales of cannabis is
dispensed, or in which retail sales of cannabis items occur. It shall
only be accessible from an interior door after entering the retail
cannabis door and all proper identification is verified.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
No person shall be allowed to consume more than an 8th of an
ounce of cannabis which is equal to 3.5 grams of cannabis, per visit/per
day.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
If there is an emergency that requires law enforcement, firefighters,
emergency medical service providers, or other public safety personnel
to enter the cannabis consumption area; employees and/or owner of
the retailer must cease all consumption of personal use cannabis on-site
until such personnel have completed their investigation or services
and have left the premises.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
No person of any age shall consume, smoke, vape, or aerosolize
any cannabis item in a public place, public park, school premises,
or City-owned property.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
Any person who has been found to violate Section 14:6-4 of this Chapter shall be assessed a civil penalty up to $200.
Editor's Note: See also N.J.S.A. 2C:33-15.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
Any person under the age of 21 years old, without legal authority,
shall not knowingly possess or knowingly consume, smoke, vape, or
aerosolize a cannabis item on private property.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
Any person who has been found to violate Section 14:6-5.1 of this Chapter shall be punished by a fine of:
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
It is civil violation for a person under the age of 21 years
old, to possess cannabis in an amount which may be lawfully possessed
by a person of the legal age to purchase cannabis items.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
Any person who has been found to violate Section 14:6-5.2 of this Chapter shall be punished by a civil penalty of:
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
It is unlawful for a person under the age 21 years old, to possess
cannabis in an amount that exceeds which may be lawfully possessed
by a person of the legal age to purchase cannabis items.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
Any person who has been found to violate Section 14:6-5.3 of this Chapter shall be punished by a fine of:
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
If a person is convicted of an offense under Section 14:6-5 et seq. the municipal court may suspend or postpone for six months the driving privilege of the defendant, in accordance with N.J.S.A. 40:48-1.2b.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
All elected officials, and candidates for public office who
subsequently become elected officials, in the City are prohibited
from owning any interest in a Cannabis Establishment.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
Any Cannabis Establishment operating in the City shall contribute
to a local drug treatment program and/or a prisoner re-entry program
in which the re-entry participant has been involved in the Criminal
Justice System due to illegal sales of Cannabis.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
If a Cannabis Establishment requires any new or updated infrastructure
for their water or sewer main, it shall be responsible for the cost
for said infrastructure, pursuant to R.O. 32:7-1 et seq. and R.O.
33:1 et seq.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
A Cannabis Establishment is required to provide its own refuse
and recycling removal from its facility. The City of Newark shall
not be responsible for such carrying away without just compensation,
pursuant to R.O. 15:4 et seq. The cannabis establishment must dispose
of its refuse and recycling in a manner acceptable by industry standards.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
On or before December 31 of each year, the Business Administrator
shall submit a report to the Mayor regarding the administration of
this Title XIV, Cannabis, and the provisions of the zoning ordinance
pertaining to recreation cannabis, and regarding any other pertinent
information relating to the operation of recreation cannabis establishments
in the City. The report may include proposed ordinance amendments
or other proposed policy changes.
[Added 11-23-2021 by Ord. No. 6PSF-a(s), 11-23-2021]
a.
No application
materials submitted to the City pursuant to this Title shall be considered
public record pursuant to N.J.A.C. 17:30-7.10(f) and N.J.S.A. 47:1A-1
to N.J.S.A. 47:1A-13 or the common law concerning access to government
records.
b.
No materials
submitted to the City for annual license renewal pursuant to this
Title shall be considered public record pursuant to N.J.A.C. 17:30-7.16
and N.J.S.A. 47:1A-1 to N.J.S.A. 47:1A-13 or the common law concerning
access to government records.
c.
Upon
request from the NJCREAMMA, the City shall provide a redacted copy
that may be released to the public.
1.
Redactions
shall be limited to information that is likely to be found to be exempted
in accordance with N.J.S.A. 47:1A-1 to N.J.S.A. 47:1A-13 or the common
law on public, records, this is pursuant to N.J.A.C. 17:30-9.4(d).
