[Added 10-20-2021 by Ord. No. 2021-036]
As used in this article, the following terms shall have the
meanings indicated:
An organization issued a permit, conditional permit, and/or
a vertically integrated permit pursuant to the Jake Honing Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.)
to operate as a medical cannabis cultivator, medical cannabis manufacturer,
medical cannabis dispensary or clinical registrant prior to February
22, 2021; and includes any alternative treatment center deemed pursuant
to Section 7 of the Jake Honing Compassionate Use Medical Cannabis
Act (N.J.S.A. 24:26I-7) to concurrently hold a medical cannabis cultivator
permit, a medical cannabis manufacturer permit, and a medical cannabis
dispensary permit and/or any alternative treatment center deemed to
concurrently hold any one or more class(es) of cannabis licensed marketplace
license(s) pursuant to PL. 2021, c. 16 § 33, N.J.S.A. 24:61-46,
and P.L. 2021, c. 16 § 34, amending N.J.S.A. 24:61-7.
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16 for use in cannabis products as set forth in this article, but
shall not include the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations, food, drink,
or other product. "Cannabis" does not include: medical cannabis dispensed
to registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.)
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as
defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in
Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or
P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined
in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to
any offense set forth in the New Jersey Controlled Dangerous Substances
Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A.
4:28-6 et seq.).
A cannabis consumption area as defined under P.L. 2021, c.
16 § 3, N.J.S.A. 24:61-33, of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act.
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides 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.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis retailer or a cannabis distributor.
Any item available for lawful consumption pursuant to the
New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act, P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.).
A license issued under relevant state law including a license
that is designated as either a:
The term shall also include a conditional license for a designated
class, except when the context of the provisions of relevant state
law otherwise intend to only apply for a license and not a conditional
license.
The term shall also include any activity related to cannabis
cultivation, cannabis manufacturing, cannabis wholesale, cannabis
distribution cannabis retail and/or cannabis delivery service by a
preexisting alternative treatment center deemed to concurrently hold
any one or more class(es) of the above-listed cannabis license(s)
pursuant to PL. 2021, c. 16 § 33, N.J.S.A. 24:61-46, and
P.L. 2021, c. 16 § 34 of the Act, amending N.J.S.A. 24:6I-7;
but shall not include the preexisting alternative treatment's
activities related to medical cannabis cultivation, medical cannabis
manufacturing, medical cannabis processing and/or medical cannabis
dispensing by a preexisting medical cannabis alternative treatment
center pursuant to a license or conditional licensed issued by the
State of New Jersey pursuant to the Jake Honing Compassionate Use
Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.)
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.).
Any licensed person or entity that processes 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.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, 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.
The act of ingesting, inhaling, or otherwise introducing
medical cannabis items and/or cannabis items into the human body.
When a cannabis retailer sells a cannabis item to a consumer
who is on the exterior of the facility on the cannabis retailer premises,
which includes any parking lot and adjacent sidewalk that are located
at the physical address listed on the cannabis business license, pursuant
to N.J.A.C. 17:30-14.4.
[Added 10-4-2023 by Ord. No. 2023-026]
The transportation of cannabis items and related supplies to
a consumer.
"Delivery" shall also mean 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.
A "designated caregiver" as defined under the Jake Honing
Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et seq.).
Any individual, cannabis business or license holder providing
free samples of marijuana or cannabis items, either independent of,
or in connection with the sale of other goods and or services.
[Added 9-7-2022 by Ord. No. 2022-042]
A structurally enclosed place of business, commerce or other
service-related activity, whether publicly or privately owned or operated
on a for-profit or nonprofit basis, which is generally accessible
to the public, including, but not limited to: a commercial or other
office building; office or building owned, leased or rented by the
state or by a county or municipal government; public and nonpublic
elementary or secondary school building; board of education building;
theater or concert hall; public library; museum or art gallery; bar;
restaurant or other establishment where the principal business is
the sale of food for consumption on the premises, including the bar
area of the establishment; garage or parking facility; any public
conveyance operated on land or water, or in the air, and passenger
waiting rooms and platform areas in any stations or terminals thereof;
health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A.
26:2H-1 et seq.); patient waiting room of the office of a health care
provider licensed pursuant to Title 45 of the Revised Statutes; child
care center licensed pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1
et seq.); race track facility; facility used for the holding of sporting
events; ambulatory recreational facility; shopping mall or retail
store; hotel, motel or other lodging establishment; apartment building
lobby or other public area in an otherwise private building; or a
passenger elevator in a building other than a single-family dwelling.
An institutional caregiver as defined under the Jake Honing
Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et seq., and P.L. 2015, c. 158, N.J.S.A. 18A:40-12.22 et seq.).
A person or entity that holds a license issued under P.L.
2021, c. 16 (N.J.S.A. 24:6I-31 et seq.) including a license that is
designated as either a Class 1 cannabis cultivator license, a Class
2 cannabis manufacturer license, a Class 3 cannabis wholesaler license,
a Class 4 cannabis distributor license, a Class 5 cannabis retailer
license, a Class 6 cannabis delivery license, and also includes a
person or entity that holds a conditional license for a designated
class; a person or entity holding a preexisting medical cannabis cultivator
license, preexisting alternative treatment center permit first issued
by the State of New Jersey, Department of Health, Division of Medicinal
Marijuana in accordance with the provisions of the Jake Honing Compassionate
Use Medical Cannabis Act (P.L. 2009, c. 307, N.J.S.A. 24:6I-1 et seq.,
and P.L. 2015, c. 158, N.J.S.A. 18A:40-12.22 et seq.) prior to February
22, 2021, and approved by the Township to hold a concurrent municipal
license to operate as a Class 1 cannabis cultivator, Class 2 cannabis
manufacturer, Class 3 cannabis wholesaler and/or Class 4 cannabis
distributor in accordance with the provisions hereinafter and P.L.
2021, c. 16 § 33, N.J.S.A. 24:6I-46, and P.L. 2021, c. 16 § 34
(amending N.J.S.A. 24:6I-7) of the Act; and/or any other person or
entity holding a local annual cannabis license issued by the Township
pursuant to this Code.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
Cannabis dispensed to registered qualifying patients or their
designated or institutional care giver(s) pursuant to the Jake Honing
Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A.24:6I-1
et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.). "Medical
cannabis" does not include any cannabis or cannabis item that is cultivated,
manufactured, produced, processed, distributed, delivered, sold and/or
resold for the ultimate purpose of recreational consumption by persons
that are not registered qualifying patients.
The purchase, sale, possession, and/or consumption of cannabis
items by person(s) who are not a registered qualifying patient under
the Jake Honing Compassionate Use Medical Cannabis Act, P.L. 2009,
c. 307 (N.J.S.A.24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22
et seq.).
The following areas of a location licensed under P.L. 2021,
c. 16 (N.J.S.A. 24:6I-31 et seq.): all public and private enclosed
areas at the location that are used in the business operated at the
location, including offices, kitchens, rest rooms, and storerooms;
all areas outside a building that the Cannabis Regulatory Commission
has specifically licensed for the production, manufacturing, wholesaling,
distributing, retail sale, or delivery of cannabis items; and, for
a location that the commission has specifically licensed for the production
of cannabis outside a building, the entire lot or parcel that the
licensee owns, leases, or has a right to occupy.
Any place to which the public has access that is not privately
owned, including but not limited to any property owned by the Township
of West Milford, County of Passaic, and or any other government subdivision
of the State of New Jersey situated within the geographic boundaries
of the Township; or any place to which the public has access where
alcohol consumption is not allowed, including, but not limited to,
a public street, road, thoroughfare, sidewalk, bridge, alley, plaza,
park, playground, swimming pool, shopping area, public transportation
facility, vehicle used for public transportation, parking lot, public
library, or any other public building, structure, or area.
A qualifying patient or patient registered under the Jake
Honing Compassionate Use Medical Cannabis Act. P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.).
Interior or exterior accordion, rolling, or bifold shutters
made of steel or aluminum.
[Added 10-4-2023 by Ord. No. 2023-026]
A window where customers of a licensed retail cannabis establishment
can walk up for the purpose of purchasing cannabis products. See also
"curbside retail sale."
[Added 10-4-2023 by Ord. No. 2023-026]
As applicable to this section, to receive any discount, "veteran"
shall mean any person who presents a DD Form 214 reflecting they have
received an honorable characterization of service, and as to any corporate
entity, shall mean when such corporate entity is more than 50% owned
by such veterans, as defined above.
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
A.
This article has been adopted by the Mayor and Township Council of
the Township of West Milford for the following purposes:
(1)
To protect the public health, safety, and general welfare of
the residents of the Township of West Milford by establishing strict
limits and regulations on the lawful sale and use of legal cannabis.
(2)
To regulate the operation of licensed cannabis establishments
to protect against the unlawful operation and use of cannabis and
marijuana.
(3)
To establish certain conditions and limitations on the number
of cannabis licenses authorized to be issued within the Township of
West Milford.
(4)
To establish regulations on the time, location and manner of
licensed cannabis establishments and activities.
(5)
To prohibit the operation of any cannabis establishments and
other cannabis marketplace activities within the Township unless strictly
in conformance with state and local laws.
(6)
To establish limitations on the number and types of cannabis
establishment licenses and cannabis marketplace activities.
(7)
To establish local regulations as to the time, location, and
manner of cannabis establishments and cannabis marketplace operations
and activities in accordance with state law.
B.
Applicability. The provisions herein shall apply to all licensees,
persons, organizations and businesses operating and/or seeking to
operate as any class of licensed cannabis establishment pursuant to
the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act, P.L. 2021, c. 16, N.J.S.A. 24:6I-31 et seq., including
any preexisting alternative treatment center deemed to concurrently
hold any class(es) of cannabis marketplace license(s) pursuant to
P.L. 2021, c. 16 § 33, N.J.S.A. 24:61-46 and P.L. 2021,
c. 16 § 34 (amending N.J.S.A. 24:61-7) of the Act.
A.
Pursuant to Section 31 of the Act (N.J.S.A. 24:6I-45b), Licenses
for Class 1 cannabis cultivation, Class 2 cannabis manufacturing,
Class 3 cannabis wholesaler, Class 4 cannabis distribution, Class
5 cannabis retailer and Class 6 cannabis delivery shall be allowed
within the geographic boundaries of the Township of West Milford.
B.
Nothing herein shall be construed to prohibit the delivery of cannabis
items and related supplies within the Township of West Milford by
a New Jersey licensed Class 6 cannabis delivery service to a consumer
of 21 years of age or older for personal use from the licensed premises
of a Class 6 cannabis delivery service, located outside the geographic
boundaries of the Township.
C.
Nothing herein shall prohibit a preexisting alternative treatment
center to operate at a location separate from a preexisting licensed
location.
A.
The following number and type of municipal cannabis establishment
licenses, otherwise known as a "local annual cannabis license," are
hereby authorized to be available for issuance by the Township of
West Milford on an annual basis pursuant to the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act, P.L. 2021, c. 16, (N.J.S.A. 24:6I-31, et seq.,) first commencing
August 22, 2021:
(1)
Ten Class 1 cannabis cultivator licenses to be issued to initial
licensees, with not more than two of such licenses as an annual concurrent
license to a qualified preexisting alternative treatment center holding
a current valid permit to cultivate medical cannabis from a location
previously approved by the Township and actively licensed by the State
of New Jersey, Department of Health, Division of Medicinal Marijuana
pursuant the Jake Honig Compassionate Use Medical Cannabis Act, P.L.
2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A.
18A:40-12.22 et seq.), and P.L. 2021, c. 16 § 33, N.J.S.A.
24:6I-46, and P.L. 2021, c. 16 § 34 of the Act (amending
N.J.S.A. 24:6I-7) before February 22, 2021.
(2)
Ten Class 2 cannabis manufacturer licenses to initial licensees,
with not more than two of such licenses as an annual concurrent license
to a qualified preexisting alternative treatment center holding a
current valid permit to manufacture, package and/or process medical
cannabis, and selling such medical cannabis to other manufacturers,
wholesalers or retailers, but not directly to consumers, from a location
previously approved by the Township and actively licensed by the State
of New Jersey, Department of Health, Division of Medicinal Marijuana
pursuant the Jake Honig Compassionate Use Medical Cannabis Act, P.L.
2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A.
18A:40- 12.22 et seq.), and P.L. 2021, c. 16 § 33, N.J.S.A.
24:6I-46, and P.L. 2021, c. 16 § 34 of the Act (amending
N.J.S.A. 24:6I-7) before February 22, 2021.
(3)
Ten Class 3 cannabis wholesaler licenses to initial licensees,
with not more than two of such licenses as an annual concurrent license
to a qualified preexisting alternative treatment center holding a
current valid permit to purchase, store, sell or otherwise transfer
and/or transport medical cannabis items for the purpose of resale
to other medical cannabis wholesalers or dispensaries, but not directly
to consumers, from a location previously approved by the Township
and actively licensed by the State of New Jersey, Department of Health,
Division of Medicinal Marijuana pursuant the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.)
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.), and P.L. 2021,
c. 16 § 33, N.J.S.A. 24:6I-46, and P.L. 2021, c. 16 § 34
of the Act (amending N.J.S.A. 24:6I-7) before February 22, 2021.
(4)
Ten Class 4 cannabis distributor licenses to initial licensees,
with not more than two of such licenses as an annual concurrent license
to a qualified preexisting alternative treatment center holding a
current valid permit to transport in bulk medical cannabis from a
location previously approved by the Township and actively licensed
by the State of New Jersey, Department of Health, Division of Medicinal
Marijuana pursuant the Jake Honig Compassionate Use Medical Cannabis
Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c.
158 (N.J.S.A. 18A:40-12.22 et seq.), and P.L. 2021, c. 16 § 33,
N.J.S.A. 24:6I-46, and P.L. 2021, c. 16 § 34 of the Act
(amending N.J.S.A. 24:6I-7) before February 22, 2021.
(5)
Ten Class 5 cannabis retailer licenses for locations at which
cannabis items and related supplies are sold to consumers.
(6)
Ten Class 6 cannabis delivery licenses for businesses providing
courier services for consumer purchases.
B.
Except for the number and classification types of the municipal licenses
listed hereinabove, no additional licenses or license types shall
be issued or otherwise made available by the Township except by formal
adoption of an ordinance.
C.
Any person, organization and/or business, including a licensed cannabis
establishment of limited class type operating outside the scope of
a license, found to engage in the cultivation, manufacturing, wholesale,
bulk transport and/or retail sale of cannabis items without first
having a valid license issued by the Township shall be subject to
a civil fine and penalty as set forth herein below.
D.
Any person, organization and/or business found to operate a delivery
service from any premises within the geographic boundaries of the
Town shall be subject to a civil fine and penalty as set forth herein
below.
A.
Prior to commencing the cultivation of cannabis and/or engaging in
cannabis manufacturing activities, cannabis wholesale activities and/or
cannabis distribution activities, any person, business, organization,
including a preexisting alternative treatment seeking to concurrently
operate, shall first apply for and secure from the Township of West
Milford an annual local Class 1 cannabis cultivator license, annual
local Class 2 cannabis manufacturer license, annual local Class 3
cannabis wholesaler license, annual local Class 4 cannabis distributor
license, annual local Class 5 cannabis retailer license or annual
local Class 6 cannabis delivery license, or any combination thereof.
B.
The Township of West Milford, through its Municipal Clerk, shall
begin accepting applications for any class of annual local cannabis
license 15 days following final passage of this article. The initial
local annual license shall be valid until December 31, 2022. Thereafter,
the period of each annual local cannabis establishment license shall
commence January 1, and expire on December 31 of the calendar year.
C.
The licensee of an alternate treatment center authorized cannabis
establishment shall be required to maintain a valid alternative treatment
center permit from the State of New Jersey, Cannabis Regulatory Commission
for each applicable class of concurrently held local annual cannabis
license as a condition of holding a local annual cannabis license.
D.
By no later than December 1 of the license year, all licensees shall
be required to file an application for the renewal of a local annual
cannabis license to be authorized to continue operation as a cannabis
establishment within the Township of West Milford.
E.
All local cannabis establishments' licenses shall be conditional,
and shall remain subject to all laws and regulations of the Township
of West Milford and the State of New Jersey. Failure of any licensee
to comply with such applicable laws shall be grounds for revocation
and/or nonrenewal by the Township of West Milford.
F.
The initial application fee for each local cannabis establishment
license shall be $2,500 and the renewal application fee shall be $1,500.
An escrow shall be established for administrative and professional
fees and costs relating to the application and oversite during the
term.
G.
There shall be a $500 discount available for veterans as to the initial
application fee, and to any subsequent renewals. Veteran status shall
be determined by the Township Council and as delegated to the designated
representative.
H.
There shall be a $500 discount available for a microbusiness as to
the initial application fee, and as to any subsequent renewals.
I.
All local cannabis establishment licenses shall be nontransferrable.
All local cannabis establishment licenses shall be specific to the
property location authorized and approved by the Township and shall
not otherwise be considered a "pocket license." Nothing herein shall
prevent a preexisting alternative treatment center to operate at a
location separate from a preexisting licensed location.
J.
All local cannabis establishments shall be subject to unannounced
inspections by a designated representative of the Township. Access
shall be permitted by the designated representative.
[Amended 9-13-2023 by Ord. No. 2023-021]
A.
Pursuant to N.J.S.A. 24A:61-10(i) of the Jake Honig Compassionate
Use Medical Cannabis Act[1] and N.J.S.A. 40:481-1(a)(1) of CREAMMA,[2] there is hereby established a cannabis transfer tax in
the Township of West Milford which shall be fixed at a uniform percentage
rate of 2% on all sales or transfers of cannabis products from a cannabis
establishment, except for sales or transfers of cannabis products
from a cannabis wholesaler which shall be taxed at a percentage rate
of 1% on all sales or transfers of cannabis products.
B.
The cannabis transfer tax shall be in addition to any other tax or
fee imposed pursuant to statute, state and federal, or local ordinance
or resolution by any government entity upon a cannabis establishment.
C.
The tax imposed by this section shall be paid to the Township on
a quarterly basis no later than the 15th day of the month following
the last month of the quarter along with a report certified as true
and accurate by the cannabis establishment's chief financial
officer, controller or other similarly situated person showing the
gross revenues for the cannabis establishment for each month of the
quarter.
D.
A cannabis establishment operating within the Township of West Milford
shall be filed on an annual basis no later than February 1 of each
year a financial report from an independent accountant certifying
as to the annual revenues for the preceding year.
E.
In the event of nonpayment, an interest rate of 8% per annum shall
be applied, and 18% per annum shall be applied for any amount over
$1,500.
F.
In the event of any tax sale, any unpaid transfer tax shall be included.
G.
A copy of this section shall be transmitted to the State Treasurer
and to every cannabis establishment within the Township of West Milford.
A.
All cannabis establishments, including licensed preexisting alternative
treatment centers, shall provide fully integrated air treatment systems,
with sufficient odor-absorbing ventilation and exhaust systems such
that any odor generated within the confines of the premises shall
not unreasonably interfere with the enjoyment of life or property
outside the boundaries of the establishment's property, in accordance
with NJDEP regulations and guidance.
B.
All medical cannabis establishments and cannabis establishments shall
be required to retain a qualified environmental consultant approved
by the Township, who shall be available to promptly respond to the
site in the event of an incident or adverse event within a reasonable
period of time not to exceed 12 hours.
C.
All medical cannabis establishments and cannabis establishments shall
be required to monitor all activities for odors on a daily basis;
shall maintain and produce written records of all odor monitoring,
investigations, air quality studies and adverse events.
D.
All records as to odor monitoring, investigations, air quality studies
and adverse events shall be produced to the Township upon request.
All medical cannabis establishments and cannabis establishments
operating within the Township of West Milford shall be required to
designate a corporate representative of the business who shall be
available 24 hours daily to serve as the primary person of contact
for the establishment, and shall have full authority to make decisions
on behalf of the establishment in the event of an emergency. The establishment
shall provide the up-to-date direct telephone and email contact information
for the corporate designee to the Township Police Department and the
Township Administrator and shall assure that such contact information
remains current at all times. At a minimum, the corporate designee
shall be responsible to respond to the Township in the event of a
report of criminal activity, adverse odor event, or any suspected
violation of applicable state and/or local laws.
The actual delivery of cannabis and cannabis items by any Class
6 cannabis delivery services to a consumer occurring within the Township
shall be prohibited from taking place in any public place and shall
only be permitted to take place within the confines of private property
or indoor public places with the express permission and authorization
of the owner of the property.
A.
Any person(s), firm(s), business(es), corporation(s) and/or other
organizations, including any licensed medical and/or cannabis establishment,
found in violation of any provision(s) of this article shall be subject
to a civil fine and penalty not exceeding $2,000.
B.
Any licensed medical and/or cannabis establishment found in violation
of any provision(s) of this article may be grounds for revocation
and/or nonrenewal of any issued local cannabis establishment license.
Upon reasonable notice to the licensee by the Administration of the
Township of West Milford, a hearing shall be conducted before the
Township Council of the Township of West Milford to decide whether
sufficient grounds exist to revoke any and all classes of local cannabis
establishment licenses issued to the licensee. The licensee may be
permitted to be represented by legal counsel during the hearing, present
evidence, testimony and witnesses.
C.
Each and every day any person(s), firm(s), business(es), corporation(s)
and/or other organizations, including any licensed medical and/or
cannabis establishment remains in violation of the provisions of this
article after the deadline for compliance set forth in any notice
of violation issued by the enforcing officer(s) of the Township shall
be considered a continuing violation punishable as a separate and
distinct offense and subject to a separate civil fine and penalty
for each and every day the violation continues.
D.
The Municipal Court or Superior Court shall have jurisdiction to
hear and decide any action(s) brought to enforce the provisions of
this article, the hearing for which shall be conducted in a summary
manner pursuant to N.J.S.A. 2B12-16a, and any final order imposing
fines and penalties for a violation of this code shall be enforceable
in the Municipal Court or Superior Court and collectible as a lien
against the property of the violator in accordance with the Penalty
Enforcement Law of 1999, N.J.S.A. 2A:58-10 to -12.
[Added 4-6-2022 by Ord. No. 2022-015]
A.
There
shall be a minimum distance of not less than 2,500 feet between licensed
cannabis retail businesses.
B.
Such
measurement shall be obtained by measuring the nearest entrance of
one location which is licensed, to the nearest entrance of the second
location which seeks to be licensed.
C.
Such
measurement shall be measured on how a pedestrian would normally walk,
and not in a straight line "as the crow flies."
D.
As to
distance prohibitions from parks and or schools and as reflected in
this chapter, such distances shall be measured in the normal way that
a pedestrian would normally walk from the nearest entrance, to such
a park or school and not in a straight line "as the crow flies."
[Added 9-7-2022 by Ord. No. 2022-042]
Under no circumstance shall any individual, cannabis business or cannabis license holder, under any class of license, engage in gifting cannabis or marijuana as defined herein. Any individual, cannabis business or cannabis license holder found in violation of this provision shall be subject to the provisions as set forth within this chapter, including, but not limited to, § 500-204, Civil fines; violations and penalties, and depending upon other carefully defined circumstances, possible criminal prosecution.
