[Adopted 8-5-2021 by Ord. No. 19-2021]
A.
Laws applicable. All application for licenses, all licenses issued
and all proceedings under this article shall be in accordance with
the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act ("the Act") (P.L. 2021, c. 16),[1] rules, regulations, and all other applicable laws of the
state of New Jersey.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
B.
Issuing authority. All licenses required by this article shall be
issued by the Borough Clerk.
C.
License required. It shall be unlawful for any person, firm, or corporation
to own or operate within the Borough of Eatontown any recreational
cannabis businesses for the cultivation, manufacture, wholesale, and
distribution of cannabis as well as its retail sale without first
having obtained a properly issued license that is issued in accordance
with the New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act (P.L. 2021, c. 16)[2] and the provisions of this article.
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
D.
License fees. The annual license fees, type and maximum number of
licenses for the cultivation, manufacture, wholesale, distribution
retail sale and delivery of cannabis shall be as follows: The application
fee for Class 1 through 5 licenses shall be $10,000 and $2,500 per
annum thereafter.
On-site consumption of cannabis for all classes of cannabis
facilities in any form or its transfer from its original packaging
by patrons, employees or other persons in the building, premises,
or in any automobile or other vehicle located on the premises is prohibited.
A.
Presence. No person under the legal age of 21 shall be allowed in
any building where cannabis is sold.
B.
Purchase of cannabis by a person under legal age. No person under
the legal age of 21 shall purchase, attempt to purchase or have another
purchase for that person any cannabis on any premises license for
the sale of cannabis.
C.
Purchase of cannabis for a person under the legal age. No person
shall purchase, attempt to purchase, or transfer cannabis to a person
under the legal age of 21. It shall be unlawful for any person to
induce or attempt to induce any licensee or any employee of a licensee
to sell, serve or deliver cannabis to a person under the legal age
of 21.
A.
On-site sales of alcohol or tobacco products are prohibited.
B.
On-site consumption of food, alcohol, tobacco, or cannabis products
by patrons is prohibited.
C.
Security requirements for Class 2, 3, and 4 and 5 cannabis establishments:
(1)
All licensed facilities shall be equipped with security cameras covering
all exterior parking and loading areas, all points of entry into the
facilities, and interior spaces that are open to the public and that
are used to store cannabis products.
(a)
Security cameras shall be installed to monitor and record all
areas of the premises, except in restrooms, and where persons may
gain or attempt to gain access to cannabis products or cash maintained
by the cannabis establishment. Cameras shall record operations of
the business and all potential areas of ingress and egress to the
facility with sufficient detail to identify facial features and clothing.
Recordings from security cameras shall be maintained for a minimum
of 40 days in a secure off-site location or through a service over
a network that provides on-demand access, commonly referred to as
a "cloud." The off-site location shall be submitted to the Police
Department and shall be updated within 48 hours of any change of such
location.
(2)
All licensed cannabis establishments shall provide the Police Department
with access to recorded security footage immediately upon request
by the Department.
(3)
All licensed cannabis establishments shall have at least one privately
licensed security guard stationed at each facility during operation.
The expense of providing the privately licensed security guard shall
be paid by the cannabis establishment.
(4)
All licensed retail establishments shall provide a dimensioned floor
plan, clearly labeled, showing: the layout of the structure and floor
plan in which the retail operation is to be located; the principal
uses of the floor area depicted on the floor plan, including, but
not limited to, public areas, processing and manufacturing areas,
loading and unloading areas, storage areas and restricted areas where
cannabis products will be located, storage areas and restricted areas
where cannabis products will be located; all points of entry into
the facility; and the locations of all security cameras that will
be positioned within the facility.
(5)
All licensed cannabis establishments shall provide a plan for exterior
lighting for security purposes.
(6)
All licensed cannabis establishments shall install and use a safe
for storage of any cannabis products and cash on the premises when
the business is closed. The safe shall be incorporated into the building
structure or securely attached thereto as approved by the Eatontown
Borough Police Department and Construction Official. For cannabis
products that require refrigerated storage, the refrigerated container
or freezer shall be locked in a manner authorized by the Eatontown
Borough Police Department.
(7)
All licensed cannabis establishments shall install and use an alarm
system that is monitored by a company that is staffed 24 hours a day,
seven days a week. The name, location and contact information of the
company monitoring the alarm shall be provided to the Eatontown Police
Department and shall be updated within 48 hours of any change of monitoring
company. If the alarm system includes a panic alarm, an operable,
dedicated phone for Eatontown Police Department to respond to the
alarm shall remain on the premises at all times.
Cannabis products will be subject to the state sales tax and,
as authorized by the Legislature, local cannabis tax of 2% for cannabis
cultivator, manufacturer, and/or retailer; and 1% for wholesalers.
The tax percentage is based on the receipts for each sale and will
be paid directly to the municipality in the manner prescribed by the
Borough. Any delinquencies are treated the same as delinquent property
taxes. The local tax does not apply to delivery services to consumers
transfers for the purpose of bulk transportation.
A.
Any license issued under this article may be suspended or revoked
for a violation of any of the provisions of this article, or any provision
of the applicable statute or any of the rules or regulations of the
State of New Jersey.
B.
The provisions of this article shall be enforced by the Police Department
or the Code Enforcement Officer or her/his designee. In the event
that the Borough Council finds, upon a written complaint filed, that
there is such a serious infraction of the rules, regulations and ordinances
of the Borough of Eatontown for the rules, regulations and laws of
the State of New Jersey or that the operation of a premises licensed
hereunder will constitute a serious menace to the health, safety,
welfare and morals of the people of the Borough or the occupants of
such licensed premises, the Borough Council shall have the right to
hold a hearing where said operator and complainant will be given the
right to provide testimony and be subject to cross-examination regarding
said complaint. Upon the Council's finding of good cause, it may immediately
suspend the license of such person, firm, partnership, corporation
or entity licensed under this article. The hearing to continue the
suspension or revocation of the license or take such other action
as the Borough Council deems necessary, in its lawful discretion,
shall proceed, where applicable, in the same manner as if the proceeding
were for the issuance of a new license. Nothing contained herein shall
prevent the Borough of Eatontown or the officers of the Borough from
proceeding against the applicant in a court of competent jurisdiction.
C.
Suspension or revocation of a license shall be in addition to any
other penalty which may be imposed for a violation of this article.
A.
Any licensee or any person who shall violate or fail to comply with
the provisions of this article shall, upon conviction, have his, her
or its license subject to a fine of $500 for the first offense and
$2,000 for any subsequent offense or by imprisonment for a term not
exceeding 90 days or by a period of community service not exceeding
90 days as well as such penalties as may otherwise be provided by
law as well as such penalties as may otherwise be provided by law.
B.
The remainder of all other sections and subsections of the aforementioned
ordinance not specifically amended by this Ordinance shall remain
in full force and effect.
