[HISTORY: Adopted by the Township Council of the Township of Evesham 8-11-2021 by Ord. No. 31-8-2021. Amendments noted where applicable.]
This chapter is enacted to regulate the commercial production, storage, sale and dispensing of regulated cannabis in the Township of Evesham in accordance with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act comprising Chapter 16 of the Laws of 2021, its supplements and amendments, and also comprising N.J.S.A. 24:6I-31 et seq., and any amendments or supplements thereto, and in accordance with the rules and regulations of the Cannabis Regulatory Commission, and to further provide rules governing the local licensure of cannabis establishments and distributors, as well as, regulations governing the location, manner, and times of operation of such businesses operating within the Township.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
CANNABIS
This term shall have the same meaning as provided under N.J.S.A. 24:6I-33.
CANNABIS CONSUMPTION AREA
A designated location operated by a licensed cannabis retailer or permit holder for dispensing medical cannabis, for which both a state and local endorsement has been obtained, subject to the limitations set forth under Section 28 of P.L. 2019, c. 153 (N.J.S.A. 24:61-21), at which cannabis items or medical cannabis either obtained from the retailer or permit holder, or brought by a person to the consumption area, may be consumed.
CANNABIS CULTIVATOR
A person or entity holding a Class 1 Cannabis Cultivator license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 1 licensees' primary business is the growth, cultivation, or production cannabis in this state, including the sale and transport of such cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
CANNABIS DELIVERY SERVICE
A person or entity holding a Class 6 Cannabis Delivery license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 6 licensees' primary business is the provision of 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 DISTRIBUTION FACILITY
A facility or other place of business operated by a cannabis distributor or cannabis delivery service in providing services as a Class 4 or Class 6 licensee pursuant to license under N.J.S.A. 24:6I-31 et seq. and any regulations adopted by the Cannabis Regulatory Commission, where such person or entity lawfully engages in the bulk distribution or consumer delivery of cannabis, usable cannabis or cannabis products.
CANNABIS DISTRIBUTOR
A person or entity holding a Class 4 Cannabis Distributor license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 4 licensees' primary business is the transportation of cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator or transporting cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment. Class 4 cannabis distributors may also engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
CANNABIS ESTABLISHMENT
A business constituting a cannabis cultivator, cannabis manufacturer, cannabis wholesaler or a cannabis retailer pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission.
CANNABIS MANUFACTURER
A person or entity holding a Class 2 Cannabis Manufacturer license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 2 licensees' primary business is processing 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 RETAILER
A person or entity holding a Class 5 Cannabis Retailer license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 5 licensees' primary business is purchasing or otherwise obtaining usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and reselling these to consumers either through a retail store or use of a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers.
CANNABIS TESTING FACILITY
An independent, third-party entity meeting accreditation requirements established by the Cannabis Regulatory Commission that is licensed to analyze and certify cannabis items and medical cannabis for compliance with applicable health, safety, and potency standards.
CANNABIS WHOLESALER
A person or entity holding a Class 3 Cannabis Wholesaler license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 3 licensees' primary business entails the purchase or otherwise obtaining, storing, selling and otherwise transferring, 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.
CONSUMER
Any person legally qualified to purchase recreational cannabis pursuant to N.J.S.A. 24:6I-31 et seq. As of the date of adoption of this chapter, New Jersey law requires a consumer as defined herein be at least 21 years of age or older and that such purchases of recreational cannabis are for personal use, not for resale to others. Any future restriction or other modification concerning the qualifications applicable to cannabis consumers by the State of New Jersey shall constitute a parallel restriction or modification of the qualifications to purchase or possess legalized cannabis within the Township.
CONSUMPTION
The act of ingesting, inhaling, or otherwise introducing cannabis items into the human body.
DELIVERY
The transportation of cannabis items and related supplies to a consumer. "Delivery" also includes the use by a licensed cannabis retailer of any third-party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer.
B. 
For the purpose of this chapter, words and phrases herein shall have the same meanings as codified under state law, N.J. S. A.. 24: 6I- 33, et seq., and any amendments or supplements thereto, and the rules and regulations of the Cannabis Regulatory Commission. In the event of a conflict in the meaning of words or phrases as between the Township Code and the foregoing laws or regulations of the State concerning legal cannabis, State law or regulations shall govern.
A. 
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the laws, rules and regulations referred to in § 66-1, and all other applicable laws of the State of New Jersey or the United States.
B. 
Issuing authority.
(1) 
Subject to the authority of the Cannabis Regulatory Commission to approve and issue cannabis licenses authorized by law, any applicant desiring to conduct business as a cannabis establishment or distributor within the Township shall be required to separately obtain the approval of the Township Council for a local license pursuant to the Township's local authority under N.J.S.A. 24:6I-45(c)(2).
(2) 
Upon the Township's receipt of an application for a local license from the Commission pursuant to N.J.S.A. 24:6I-45(c)(1), the municipality shall determine whether the application complies with its local restrictions on the number of cannabis establishments, distributors, or delivery services, or their location, manner, or times of operation within the jurisdiction.
(3) 
The Township Council shall notify the Commission if an applicant is locally approved or denied for license based on the applicant's compliance with Township ordinances and regulations in effect at the time of application.
C. 
License required. No person shall produce, sell, dispense, or distribute cannabis, usable cannabis or cannabis products within the Township without having obtained a license in accordance with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act referred to in § 66-1 and the provisions of this chapter.
D. 
Licenses permitted; maximum number; fees.
(1) 
The Township shall permit the following type of cannabis licenses within the Township subject to such limits on the total number of licensees permitted for a particular class as follows:
(a) 
Class 1 Cannabis Cultivator license, for facilities involved in growing and cultivating cannabis;
(b) 
Class 2 Cannabis Manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;
(c) 
Class 3 Cannabis Wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;
(d) 
Class 4 Cannabis Distributor license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;
(e) 
Class 5 Cannabis Retailer license for locations at which cannabis items and related supplies are sold to consumers, subject to a maximum limit of five licenses total within the Township; and
(f) 
Class 6 Cannabis Delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchases items to a consumer.
(2) 
Fees.
(a) 
License fees. The applicable fees established for each permitted license type herein are detailed in schedule of fees located in § 72-1 of the Code of the Township of Evesham.
(b) 
Microbusiness fees. Any cannabis license fees due under Chapter 72 shall be reduced by 50% for an applicant that qualifies as a microbusiness pursuant to N.J.S.A. 24:61-36(F) and is approved by the Cannabis Regulatory Commission as a microbusiness licensee. However, no reduction, credit, refund or other offset to such fees under this subsection shall occur until an applicant is certified and licensed as a microbusiness by the Cannabis Regulatory Commission.
(3) 
License term.
(a) 
Term of license. A local cannabis license issued under this chapter shall be effective for a term of one year commencing from the issuance of the applicant's state license by the Cannabis Regulatory Commission.
(b) 
Renewal. Renewal applications for another local cannabis license shall be filed no later than 90 days prior to the expiration of the establishment's, distributor's, or delivery service's current license.
A. 
Retail hours of sale. Any cannabis retailer licensee or cannabis delivery service licensee may sell, dispense and deliver or allow, permit or suffer the sale, dispensing or delivery of any cannabis, usable cannabis or cannabis products to consumers in the Township between the hours of 9:00 a.m. to 10:00 p.m. Monday through Sunday. The retail hours of sale established herein may be further restricted during such hours as may be authorized or permitted by the State of New Jersey, Cannabis Regulatory Commission, pursuant to N.J.S.A. 24:6I-31 et seq., or any amendments or supplements thereto, and the rules and regulations promulgated thereunder, or any amendments or supplements thereto. Any future restriction or other modification concerning the retail hours of sale of cannabis by the State of New Jersey shall constitute a parallel restriction or modification of the permissible hours of retail sale and dispensing of cannabis within the Township.
B. 
Certain sales prohibited. No licensee or employee of a licensee shall sell, dispense or deliver, directly or indirectly, any cannabis, usable cannabis or cannabis products to any intoxicated person or any person under the legal age for purchasing cannabis, usable cannabis or cannabis products as a retail consumer pursuant to N.J.S.A. 24:6I-33, nor permit such categories of persons to congregate in or about the licensed premises.
C. 
On-site consumption prohibited. No licensee shall be permitted to operate or maintain a cannabis consumption area as further described by Section 28 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-21) on licensed premises or otherwise allow any person to consume usable cannabis or cannabis products on or within any licensed premises within the Township.
A. 
Grounds for suspension or revocation. Any license granted or issued pursuant to this chapter may be suspended or revoked by the Township Council after notice and hearing for any of the following causes:
(1) 
Any fraud, misrepresentations or false statement contained in the application for a license.
(2) 
Any fraud, misrepresentation or false statement made in connection with the selling of the articles of value.
(3) 
Any violation of this chapter.
(4) 
Any violation of P. L. 2021, c. 16, known as the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.
(5) 
Any of the rules or regulations of the Cannabis Regulatory Commission.
(6) 
Any conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
(7) 
Conducting the business licensed under this chapter, through the applicant himself or any of his agents, servants or employees, in any unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of hearing. Notice of hearing for suspension or revocation of a license under the preceding section shall be given in writing by the Township Clerk, setting forth the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, by certified and regular mail, to the licensee at his address indicated on his license application, at least five days prior to the date set forth for the hearing unless the five-day notice would cause a threat to public health and welfare in which case the Township shall take any reasonable action to notify the licensee.
C. 
Reissuance following suspension or revocation. The Township Council may issue another license to a person whose license has been revoked, if, after the hearing, it is satisfied by clear and convincing evidence that the acts which led to the revocation will not occur again; otherwise, no person whose license has been revoked, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity for the period of 12 months.
D. 
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
E. 
Proceedings for suspension or revocation of any license authorized under § 66-3D of this chapter shall be in accordance with such rules and regulations that may be adopted by the Cannabis Regulatory Commission to establish procedures for the suspension or revocation of a license or a conditional license, N.J.S.A. 24:6I-35(1), or any amendments or supplements thereto.
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-15 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.