The terms used in this chapter shall be as provided for under Chapter
215, Land Development.
Cannabis businesses shall be prohibited in all other zoning districts within the Township except those specifically permitted in Chapter
215, Land Development.
[Amended 2-8-2022 by Ord. No. 22-03]
The Cannabis Advisory Committee, established pursuant to Chapter
14, Boards, Commissions and Committees, Article
XVII, Cannabis Advisory Committee, shall act as the body for local review for the Township for all potential cannabis licensees seeking to operate within the Township of Ewing. The authority and responsibility to activate, suspend and revoke such licenses shall remain with the Ewing Township Council.
Under no circumstances shall a local permit for a cannabis establishment
issued through the Clerk be effective until or unless the state has
issued the requisite licenses to operate such a facility. It is the
intent of this chapter that no cannabis establishment may lawfully
operate in the Township of Ewing without the issuance of a state license
and full regulatory oversight of the cannabis establishment by the
Cannabis Regulatory Commission or other state licensing authority
as well as the issuance of a cannabis business permit by the Township.
A. Classification of licenses. Consistent with the state classification
of licenses, the Township, subject to local land use approval and/or
zoning permit, and state licensure, may issue the following municipal
permits to operate a cannabis establishment:
(1) Class I: Cannabis cultivator.
(2) Class II: Cannabis manufacturer.
(3) Class II: Cannabis wholesaler.
(4) Class IV: Cannabis distributor.
(5) Class V: Cannabis retailer, including microbusiness retailer.
(6) Class VI: Cannabis delivery.
B. Issuance of municipal permits. The Township Council shall set the
number of local cannabis permits issued annually but may not exceed
the total number of such permitted at any given time as set forth
in this chapter. Notwithstanding, the maximum amount of application
for state licensure that the Township shall consider endorsing for
this first period (August 21, 2021 to December 31, 2022), regardless
of the maximum number set forth herein is set forth as follows:
(1) Class I through Class IV, cannabis cultivator: No limit.
(2) Class V, cannabis retailer: up to two (one micro-licensee and one
full licensee).
(3) Class VI, cannabis delivery: one.
Persons wishing to obtain any classification of cannabis license
shall file a license application with the Committee, on a standardized
form established by the Committee and available in the Clerk's
office once the Township has issued a request for proposals (RFP).
The Committee shall establish a reasonable application period and
deadline for all applications and shall include sufficient notice
of the application period opening. Such application period shall be
held once annually. An application shall be deemed incomplete and
shall not be processed by the Clerk and transmitted to the Committee,
until all documents and application fees are submitted. To be deemed
complete, all applications shall be accompanied by the following:
A. The applicant shall submit:
(1) Proof that the applicant has or will have lawful possession of the
premises proposed for the cannabis establishment, which proof may
consist of: a deed, a lease, a real estate contract contingent upon
successful licensing, or a binding letter of intent by the owner of
the premises indicating an intent to lease the premises to the entrant
contingent upon successful licensing.
(2) An affidavit and documentary proof of compliance with all state and
local laws regarding affirmative action, antidiscrimination and fair
employment practices. The applicant shall also certify under oath
that they will not and shall not discriminate based on race, color,
religion (creed), gender, gender expression, age, national origin
(ancestry), disability, marital status, sexual orientation, or military
status, in any of its activities or operations.
(3) Information on the location proposed for licensing by the applicant
which shall comply with all applicable municipal zoning laws and the
location restrictions set forth in this Code with a conditional zoning
permit required.
(4) Proof of governance and financial capability, including, but not
limited to, governance documents, ownership interests, proof of good
standing with the State of New Jersey, financial statements, business
plan, tax returns, detailed long-term debt description, information
on principals, directors and board members, as well as compensation
plans. Standards for proof of financial capability shall be presented
in strict confidence as determined by the requirements of the CRC.
(5) A narrative on the procedures for cultivation, storage and/or dispensing
of cannabis, including any recording keeping or inventory control
mechanisms, fee schedules and proposed hours of operation.
B. The applicant shall submit a fee for the application for a conditional
permit in the amount of $5,000. Micro-licenses shall submit a fee
of $1,000.
C. Biannual registration fees (every two years). Upon obtaining a state
license shall submit biannual registration fees of $10,000. Micro-licenses
shall submit a fee of $2,000.
D. Transfer fees. Assuming authorized by the state, an applicant shall
remit a transfer fee of 10% of sale of the license or $10,000, whichever
is greater, in addition to assuming the terms agreed to in any local
host agreement in force at that time of transfer.
E. The applicant and the application shall otherwise comply with any
and all qualification standards set forth in the state and Township
laws or regulations. Including copy of state license application including
any supporting documents.
Cannabis products may be transferred or delivered, consistent
with the requirements of the Adult Use Act. Mobile facilities shall
not be permitted unless expressly authorized under the Adult Use Act
or permitted by the permitting authority and approved by special permit
by the Township.
A person may vertically integrate a facility permitted by this
section at a single location as long as it is in full compliance with
the requirements of the Adult Use Act and the Township Land Development
Ordinances. Further, if part of an academic research school and/or
cannabis training or mentorship program that includes micro-licenses,
multiple licenses may be permitted at a single location as long as
it is in full compliance with the requirements of the Adult Use Act
and the Township Land Development Ordinances.