[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield 8-16-2021 by Ord. No. 2207. Amendments
noted where applicable.]
[Added 8-16-2021 by Ord. No. 2207]
A. A tax shall
be imposed on receipts from the sale of cannabis items from one cannabis
establishment to another cannabis establishment.
(1) A one
percent (1%) transfer tax shall be collected from receipts from each
sale by a cannabis wholesaler located within the geographical boundaries
of the Borough.
(2) A user
tax is hereby also established at the same rate (2%) of the transfer
tax contained herein and shall be imposed on the value of each transfer
or use of cannabis or cannabis items not otherwise subject to the
transfer tax imposed pursuant to P. L. 2021 c. 16, from the license
holder' s establishment that is located in the Borough to any other
license holder' s establishments, whether located in the Borough or
another municipality.
B. The transfer
tax or user tax imposed by this section shall be in addition to any
other tax imposed by law. Any transaction for which the transfer tax
or user tax is imposed, or could be imposed pursuant to this section,
other than those which generate receipts from the retail sales by
cannabis retailers, shall be exempt from the tax imposed under the
Sale and Use Tax Act (N.J.S.A. 54:32B-1 et seq.). The transfer tax
or user tax will be assessed and collected pursuant to established
State law and Administrative rules and regulations regarding same.