[Added 10-20-2021 by Ord. No. 2021-036]
As used in this article, the following terms shall have the meanings indicated:
ALTERNATIVE TREATMENT CENTER and PREEXISTING ALTERNATIVE TREATMENT CENTER
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.
CANNABIS
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.).
CANNABIS CONSUMPTION AREA
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.
CANNABIS CULTIVATOR
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.
CANNABIS DELIVERY SERVICE
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.
CANNABIS DISTRIBUTOR
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.
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis retailer or a cannabis distributor.
CANNABIS ITEM
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.).
CANNABIS LICENSED MARKETPLACE
A. 
A license issued under relevant state law including a license that is designated as either a:
(1) 
Class 1 cannabis cultivator license.
(2) 
Class 2 cannabis manufacturer license.
(3) 
Class 3 cannabis wholesaler license.
(4) 
Class 4 cannabis distributor license.
(5) 
Class 5 cannabis retailer license.
(6) 
Class 6 cannabis delivery license.
B. 
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.
C. 
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.).
CANNABIS MANUFACTURER
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.
CANNABIS RETAILER
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.
CANNABIS WHOLESALER
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.
CONSUMPTION
The act of ingesting, inhaling, or otherwise introducing medical cannabis items and/or cannabis items into the human body.
CURBSIDE RETAIL SALE
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]
DELIVERY
A. 
The transportation of cannabis items and related supplies to a consumer.
B. 
"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.
DESIGNATED CAREGIVER
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.).
GIFTING
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]
INDOOR PUBLIC PLACE
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.
INSTITUTIONAL CAREGIVER
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.).
LICENSEE
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.
MANUFACTURE
The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" does not include packaging or labeling.
MEDICAL CANNABIS
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.
PERSONAL USE and/or RECREATIONAL USE
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.).
PREMISES or LICENSED PREMISES
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.
PUBLIC PLACE
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.
REGISTERED QUALIFYING PATIENT or QUALIFYING PATIENT or PATIENT
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.).
SECURITY SHUTTERS
Interior or exterior accordion, rolling, or bifold shutters made of steel or aluminum.
[Added 10-4-2023 by Ord. No. 2023-026]
SERVICE/WALK-UP WINDOW
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]
VETERAN
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.
WHOLESALE TRADE
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.
[1]
Editor's Note: See N.J.S.A. 24:6I-1 et seq.
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
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.