[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:
1. 
Cannabis Cultivator - 2% of taxes based on receipts of each sale.
2. 
Cannabis Manufacturer - 2% of taxes based on receipts of each sale.
3. 
Cannabis Wholesaler - 1% of taxes based on receipts of each sale.
4. 
Cannabis Retailer - 2% of taxes based on receipts of each sale.
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%.
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.
[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 9-18-2024 by Ord. No. 6PSF-G, 09-18-2024]
All holders of licensing within the City shall adhere to the established laws regulating the packaging and labeling, and advertisement of cannabis items pursuant to N.J.A.C. 17:30-16 and N.J.A.C. 17:30-17.
[Added 9-18-2024 by Ord. No. 6PSF-G, 09-18-2024]
a. 
Cannabis products shall be sealed in a closed container so that the package cannot be opened and contents consumed. All seals shall be visibly intact and not broken.
b. 
Usable cannabis and cannabis product packaging shall bear a label that complies with N.J.A.C. 17:30-16.3 and shall be affixed with the universal symbol established by the Commission.
c. 
Labeled cannabis packaging shall include the following consumer safety and product information:
1. 
The name, address, license number, and telephone number of cannabis cultivator and/or manufacturer.
2. 
Net weight and quantity of packaged cannabis items.
3. 
Production or harvest date.
4. 
Expiration date.
5. 
A sequential serial number, batch or lot number, and bar code to identify the batch or lot associated with cultivation or manufacturing.
6. 
A list of ingredients.
7. 
A list of potential allergens.
8. 
Storage method.
9. 
Serving size and total amount of active cannabinoid per serving size.
d. 
Labels affixed to cannabis items shall contain the following consumer warnings:
1. 
"This product contains cannabis."
2. 
"This product is intended for use by adults 21 years of age or older and not for resale. Keep out of reach of children."
3. 
"There may be health risk associated with the consumption of this product including for women who are pregnant, breastfeeding, or planning on becoming pregnant."
4. 
"Do not drive a motor vehicle or operate heavy machinery while using this product."
5. 
Nationwide toll free number used to access poison control centers.
6. 
"This is a high potency product and may increase your risk of psychosis."
(a) 
For any cannabis item containing total THC percentage greater than forty percent (40%).
7. 
"The intoxicating effects of this product may be delayed by two or more hours."
(a) 
For ingestible products.
8. 
"This device has not been evaluated or approved by the Food and Drug Administration."
(a) 
For an electronic smoking device.
e. 
Prohibited cannabis item packaging and labeling:
1. 
Statement, illustration, or image that includes false, deceptive, or misleading statements or promotes over-consumption.
2. 
Resemblance to a trademarked, characteristic, or product-specialized packaging of any commercially available candy, snack, baked good, or beverage.
3. 
Statement, artwork, or design that could reasonably mislead any person to believe that the cannabis item or package contains anything other than cannabis items.
4. 
Seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any person to believe that the cannabis items or package have been endorsed, manufactured, or used by any state, county, or municipality, or any agency thereof.
5. 
Statement, illustration, or image that depicts a child or other person under legal age consuming cannabis items.
6. 
Statement, illustration, image, cartoon, color scheme, graphic, or feature that might make the cannabis item or package attractive to children.
(a) 
I.e. Toys, games, candy, beverages, food products, cartoon characters.
[Added 9-18-2024 by Ord. No. 6PSF-G, 09-18-2024]
a. 
There shall be no advertisement whatsoever within the two hundred (200) feet of any elementary or secondary school grounds.
b. 
There shall be no advertisement at or in connection with a charitable, sports, musical, artistic, social or other similar event unless there is reliable evidence that no more than twenty percent (20%) of the audience is expected to be under the legal age.
c. 
There shall be no advertisement on a billboard that is not on the real property of the cannabis facility.
d. 
There shall be no advertisement on a sign or placard in an arena, stadium, and shopping mall, fair that receives State allocations or video game arcade unless such facility is an adult only facility.
e. 
Cannabis facility may have external signage to identify the building by the licensed name.
f. 
There shall be no display on the exterior of the establishment advertising cannabis or a certain brand of cannabis product.
g. 
There shall be no use of a commercial mascot outside of, or in proximity to the cannabis facility premises.
h. 
There shall be no display of cannabis and cannabis paraphernalia visible to a person from the exterior of the facility.
i. 
There shall be no advertisement of pricing for cannabis products.
j. 
Cannabis establishments may make available a catalogue or printed list of pricing and strains.
k. 
Cannabis establishments shall not produce any items for sale or promotional gifts, such as T-shirts or novelty items, bearing a symbol or references to cannabis.
[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:
a. 
The person had control over the premises or the portion of the premises where the cannabis was consumed;
b. 
The person knew or reasonably should have known that the cannabis was consumed; and
c. 
The person failed to take corrective action.
[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.
a. 
Ventilation:
1. 
The indoor consumption area must comply with all ventilation requirements applicable to cigar lounges, in order to permit indoor smoking, vaping, or aerosolizing, pursuant to N.J.S.A. 26:3D-55 et seq.
[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.
[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:
a. 
First Offense: $250; and
b. 
Subsequent Offenses: $350.
[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:
a. 
First Offense: $100;
b. 
Second Offense: $200; and
c. 
Subsequent Offense: $350.
[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:
a. 
First Offense: $250; and
b. 
Second and/or Subsequent Offense: $350.
[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]
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).