Chapter 127 Cannabis Businesses

No cannabis retailer shall be located within 1,500 feet from any other cannabis retailer, excluding alternative treatment centers and medical cannabis dispensaries only selling medical cannabis, which shall be generally measured from the subject property line to property line.

Cannabis retailers are not permitted within a drug-free school zone.

Standalone cultivation, manufacturing, distribution and warehousing facilities are not included within this prohibition if the secured facility does not contain a cannabis retailer or have public access and is otherwise properly situated in accordance with this chapter.

The number of cannabis retailers and dispensaries located within the Township shall be limited to five inclusive of medical-only dispensaries and micro-license dispensaries. There are no limits on the other license classes. Standalone cultivation centers and manufacturing facilities are not included within this prohibition if the secured facility does not contain a cannabis retailer or medical cannabis dispensary or have public access and is otherwise properly situated in accordance with this chapter.

§ 127-4 Permitted locations.

Cannabis businesses shall be prohibited in all other zoning districts within the Township except those specifically permitted in Chapter 215, Land Development.

§ 127-5 Local licensing authority.

[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.

§ 127-6 Effectiveness.

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.

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:

Class I: Cannabis cultivator.

Class II: Cannabis manufacturer.

Class II: Cannabis wholesaler.

Class IV: Cannabis distributor.

Class V: Cannabis retailer, including microbusiness retailer.

Class VI: Cannabis delivery.

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:

Class I through Class IV, cannabis cultivator: No limit.

Class V, cannabis retailer: up to two (one micro-licensee and one full licensee).

Class VI, cannabis delivery: one.

§ 127-7 Application.

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:

The applicant shall submit:

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.

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.

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.

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.

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.

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.

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.

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.

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.

§ 127-8 Evaluation.

The Committee shall evaluate all applicants and issue a recommendation of award after consideration and evaluation by the Township governing body. Presentation by an applicant before the Township Cannabis Committee is required. Any ties shall be broken by the Township Council. Each application shall be reviewed within the confines of the license category being sought. (For example, a retailer should focus on customer service, marketing, branding and architectural presentation, and public access issues, while a cultivation, distribution, wholesale operation on security, job environment, truck access and loading, and security. Micro-licenses should focus on their business plan and tangentially related experiences and support structures.). Subjectivity in regard to personal tastes and aesthetic matters should be restrained in favor of the thoroughness and level of detail by which an applicant responds. Prior to issuing the request for applications § 127-7, the Committee shall establish and publish final criteria and weight categories in accordance with any applicable laws and regulations, which shall be time stamped. Generally, the Committee shall utilize the following upon finalizing criteria for publication:

Applicant's owners' or principals' qualifications and experience operating in highly regulated industries, including cannabis, but also healthcare, pharmaceutical manufacturing, retail pharmacies, or other relevant industries with preference to experience operating such businesses within the State of New Jersey.

Applicant's brand and proposal for the physical presence of the business, including, but not limited to, the site's ability to meet all land use regulations (parking, landscaping, signage, etc.), handle future expansions if applicable, architectural treatments, customer experience (where applicable), etc.

A summary of the applicant's operational plans; including, but not limited to, storage of products, currency and transport, physical security, video surveillance, security personnel, and visitor management.

Applicant's orientation to research and development of cannabis, including, but not limited to, its owners' experience conducting, supporting, and/or future plans to conduct institutional review board-approved research related to medical cannabis or substance abuse. Include whether the applicant has had any assurance accepted by the U.S. Department of Health and Human Services indicating the applicant's commitment to complying with 45 CFR Part 46 (human subjects); and whether the applicant has a research collaboration or partnership agreement in effect with an accredited U.S. school of medicine, or osteopathic medicine with experience conducting cannabis-related research, or other institutions of higher learning dedicated to cannabis research or occupational training.

Applicant's or its owners' demonstrated commitment or sufficient experience as responsible employers, defined as the applicant entity being a committed to a local program in collaboration with organizations committed to the well-being of residents, including, but not limited to, the Township and surrounding service area. Provide evidence in letters of support and agreements. (Local workforce hiring and development plan, community service, collaborations with a university or specialized training facility such as, but not limited to, Vo-Tech, and dedicated support to social justice initiatives.).

Summary of the applicant's environmental impact/mitigation, and sustainability plan; whether the applicant entity or its parent company has any recognitions from or registrations with federal or New Jersey state environmental regulators for innovation in sustainability; and whether the applicant entity or its parent company holds any certification under international standards demonstrating the applicant has an effective environmental management system or has a designated sustainability officer to conduct internal audits to assess the effective implementation of an environmental management system.

(7)

Applicant's demonstrated commitment to applicant's ties to the host community, demonstrated by at least one shareholder's proof of residency in the Township for five or more years in the past 10 years, or at least one shareholder's continuous ownership of a business based in town for five or more years in the past 10 years.

(8)

Applicant's experience and/or commitment to community health-related programs and associated charitable organizations, including, but not limited to, particular attention toward prevention of drug and alcohol abuse including but limited to youth and vulnerable persons both locally and regionally.

(9)

Diversity in its ownership composition and hiring practices; including applicant's commitment to utilize local sources of labor and associated building materials; applicant's commitment to supporting and working with local micro-licensees, including but not limited to contracting with and/or training/mentorship; the applicant entity or its parent company holds any certifications as a NJ minority-owned, women-owned, or veteran-owned business.

Annually, up to two applicants for a cannabis retailer may be recommended to the governing body for their consideration in granting a conditional Township cannabis business permit with all scores, application submittals and recommendations in a detailed report to be submitted to Council for their consideration. Upon receipt of the Committee's recommendation, the Council reserves the right ask for public presentations when and where appropriate as part of their review process.

Notwithstanding the foregoing competitive application process, a notification of award and conditional municipal cannabis business permit shall entitle the recipient applicant to pursue a state license in the requisite classification for up to 12 months, which may be extended in the Committee's discretion for an additional six months for good cause. No business may operate until the applicant has received a state license and satisfied other prerequisites of municipal permit. If the recipient of a notice of award and conditional permit has not received a state permit or license within 12 months from issuance, unless extended for good cause, the Township Council shall issue a new request for applications and evaluate all applicants for licensure under the above criteria.

Term of permit and permit renewals.

Any local permit issued pursuant to this chapter that receives a state cannabis license to operate shall be valid for a period of two years from the date of state issuance and shall be renewed in accordance with the provisions of this chapter.

The Township Council may, at its discretion, adjust the renewal date of the local permit to correlate with an applicant's state licensing and renewal schedule.

Renewal of any permit shall be governed by any code amendments, additional restrictions or changes in regulations adopted since the previous permit was issued or renewed in addition to any history of property maintenance and zoning code violations.

Renewal of any permit shall be conditioned upon compliance with the local host agreement as well as any state or local requirements, including any required modification.

Transfer of ownership of any local permit or change of location of any permit or modification to expand a permitted premise shall be subject to review and recommendation by the Committee to the Township Council. Such review shall be in accordance with § 127-8.

§ 127-9 Award of Township cannabis license.

Except where the Committee has received a complete renewal application along with the requisite fees, and has issued a permit renewal, it shall be unlawful for any person to manufacture, sell, distribute, transfer, transport, or otherwise remove cannabis or cannabis-related products from the premises of any permit after the expiration date recorded on the face of the permit.

Notwithstanding the foregoing competitive application process, a notification of award and conditional license shall entitle the recipient applicant to pursue a state license in the requisite classification for up to 12 months, which may be extended in the Township Council's discretion for an additional six months for good cause. No business may operate until the applicant has received a state license and satisfied other prerequisites of municipal permit. If the recipient of a notice of award and conditional permit has not received a state permit or license within 12 months from issuance, unless extended for good cause, the Township Council shall issue a new request for applications and evaluate all applicants for licensure under the above criteria.

Term of license and license renewals.

Any local license issued pursuant to this chapter that receives a state cannabis license to operate shall be valid for a period of two years from the date of state issuance and shall be renewed in accordance with the provisions of this chapter. Upon licensure, the adult use cannabis business shall seek to obtain all land development approvals, construction permits and be open within one year.

The Township Council may, at its discretion, adjust the renewal date of the local license to correlate with an applicant's state licensing and renewal schedule.

Renewal of any license shall be governed by any code amendments, additional restrictions or changes in regulations adopted since the previous license was issued or renewed in addition to any history of property maintenance and zoning code violations.

Transfer of ownership of any local license or change of location of any license or modification to expand a licensed premise shall be subject to Township Council review and commercial property/tenant transfers and associated inspections. Such review shall be in accordance with § 127-8, Evaluation (above).

§ 127-10 Mobile delivery of cannabis products.

Except where the Committee has received a complete renewal application along with the requisite fees, and has issued a license renewal, it shall be unlawful for any person to manufacture, sell, distribute, transfer, transport, or otherwise remove cannabis or cannabis products from the premises of any license after the expiration date recorded on the face of the license.

Award. In the event more than one application for a cannabis retailer or medical cannabis dispensary is submitted to the Township which is too close in proximity to another application, the Township is not permitted to approve all of the applications because of the limitations set forth in this subsection. The Township Council in consultation with the Committee's application evaluation shall make a determination if reasonable accommodations can be made to eliminate the conflict.

The conditional local host agreement with the Township shall be contingent upon state license approval. Upon receipt of a state license, the local host agreement shall by fully executed. No applicant shall commence operation in the Township without execution of an agreement.

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.

§ 127-11 Operation of multiple cannabis businesses at a single location.

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.

§ 127-12 Requirements applicable to all cannabis businesses.

Samples of cannabis products offered for sale may be displayed on shelves, counters and display cases. All bulk cannabis products shall be locked within a separate vault or safe, with no other items in the safe, securely fastened to a wall or floor, as coordinated with the Ewing Township Police Department and allowable under Permitting Authority regulations and state legislation.

Signage.

External signage, including window signage, must be limited to text identifying the business and the logo for the business, provided that said logo does not include a cannabis plant leaf and/or outward glorification of cannabis consumption, where applicable.

All other Township sign regulations must be complied with.

The provisions of Chapter 215 Land Development shall be adhered to.

Security and reporting.

Surveillance system.

(a)

Cannabis establishments shall be monitored at all times by closed-circuit television surveillance system. Security cameras shall be in use 24 hours per day, seven days per week, and shall cover all cannabis dispensing areas, storage areas, all doors and windows with access into the cannabis establishment, parking areas if applicable, and any other areas not mentioned if deemed necessary by the Chief of Police or his/her designee. The surveillance system must be capable of providing surveillance of both interior and exterior areas of the cannabis establishment and must be of adequate quality, color rendition and resolution to allow the ready identification of an individual on or adjacent to the site.

(b)

The security cameras must be Internet Protocol (IP) cameras capable of providing real time footage over the internet. Operators must provide the Ewing Township Police Department with access to this real-time camera footage in case of an emergency.

(c)

The recordings shall be maintained at the cannabis operation for a period of not less than 30 days and shall be provided to the Township Police Department within 24 hours of a written request from the Police Department for any recordings.

Outside areas of the premises and the perimeter shall be lit in accordance with Township regulations and all doors equipped with motion censored lights.

The Ewing Township Police Department shall be provided the name and phone number of a staff person to notify during suspicious activity during or after operating hours.

Security staff is required on the premises during all hours of operation.

The premises shall only be accessed by authorized personnel and free of loitering.

All cultivation of cannabis shall take place in an enclosed, locked facility.

(7)

All currency over $1,000 shall be stored within a separate vault or safe, not used for the storage of medical cannabis, securely fastened to a wall or floor, as approved by the Ewing Township Police Department.

(8)

Cannabis establishments shall comply with all security requirements as established by state law and regulations, as they may be updated from time to time, in addition to coordination with the Ewing Township Police Department.

No products shall be visible from public places. Cannabis plants, products, accessories, and associated paraphernalia contained in any cannabis business shall not be visible from a public sidewalk, public street or right-of-way, or any other public place. On-site storage of usable cannabis shall comply with 21 CFR 1301.72.

No beer or alcohol shall be permitted on premises. No fermented malt beverages and no alcoholic beverages shall be kept, served or consumed on the premises of a cannabis business.

All products and accessories shall be stored completely indoors and on-site in accordance with the Adult Use Act and the permitting authority regulations.

No consumption or smoking of any cannabis products shall be allowed or permitted on the premises or adjacent grounds of a cannabis business unless specially permitted through a consumption area permit as part of a licensed medical cannabis dispensary. Cannabis consumption areas may be permitted in the future subject to amendments of the Chapter 215, Land Development, and the following conditions:

No cannabis dispensary shall be permitted to operate a consumption area within 200 feet of any residential zoning district of the Township or any single-family residential zoning district of any adjacent municipality.

If cannabis will be consumed by smoking or vaping, the cannabis dispensary must comply with the New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-55 et seq.) and associated regulations (N.J.A.C. 8:6-1.1 et seq.).

Only cannabis items purchased on-site at the cannabis dispensary shall be consumed within the consumption area.

The consumption area shall be limited to medical patients ONLY and endorsed by the State Cannabis Regulatory Commission.

Each licensed cannabis dispensary may operate only one cannabis consumption area.

The cannabis consumption area shall comply with the definition set forth herein and be either (a) an indoor, structurally enclosed area of the licensed cannabis dispensary that is separate from the area in which retail sales of cannabis items occur or (b) an exterior structure on the same premises as the dispensary, either separate from or connected to the dispensary.

Prevention of emissions and disposal of materials.

Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the cannabis business premises shall be provided at all times. In the event that any debris, dust, fluids or other substances shall exit the business premises, the property owner and operator shall be jointly and severally responsible for the full cleanup immediately.

Businesses shall properly dispose of all materials and other substances in a safe and sanitary manner in accordance with state regulations.

As applicable, cannabis businesses shall be equipped with ventilation systems with carbon filters sufficient in type and capacity to eliminate cannabis odors emanating from the interior to the exterior of the premises discernible by reasonable persons. The ventilation system must be inspected and approved by the Construction Official.

If carbon dioxide will be used in any cultivation area, sufficient physical barriers or a negative air pressure system shall be in place to prevent carbon dioxide from moving into the ambient air, into other units in the same building or into an adjacent building in a concentration that would be harmful to any person, including persons with respiratory disease, and shall be inspected and approved by the Construction Official and the Fire Marshall.

All state regulations concerning ventilation systems shall be followed.

Any cannabis business and the adjacent grounds of the cannabis business shall comply with all zoning, health, building, fire, and other codes and ordinances of the Township as shown by completed inspections and approvals by the Township Planner, Construction Division, Fire Safety Division, and the Township Health Department, if applicable.

The premises of a cannabis business, and any adjacent grounds thereto, shall be operated in a manner that does not cause any substantial harm to the public health, safety and welfare.

Additional requirements. At the time a site plan approval is granted, amended, or a major change to a cannabis business is approved, the Township may impose on the applicant any condition related to the proposed use that is reasonably necessary to protect the public health, safety or welfare, not inconsistent with the permitting authority requirements, including but not limited to the following:

Additional security requirements;

Limits and requirements on parking and traffic flows;

Requirements for walls, doors, windows, locks and fences on the premises and adjacent grounds;

Limits on cannabis products that may be sold;

Requirements and limits on ventilation and lighting;

§ 127-13 Disciplinary actions; sanctions; violations and penalties.

Limits on noise inside the licensed premises or on the adjacent grounds;

(7)

Prohibitions on certain conduct in the cannabis business;

(8)

Limits on hours of operation.

Penalty for violation. Any violation of the provisions of this subsection or the conditions of the zoning permit granted, by a cannabis business shall be punishable by a civil fine of up to $1,000. Each day that a violation is committed, exists or continues shall be deemed a separate and distinct offense. In addition, any violation of the provisions of this subsection or any conditions imposed by the zoning permit may result in the revocation of the zoning permit.

Relationship to any Redevelopment Plan, and the Township Zoning and site plan standards. To the extent any provisions of the Township redevelopment plans, zoning and site plan standards conflict with this section, the provisions and standards of this chapter shall control.

Disciplinary actions. Procedures for investigation of permit violations and for suspension, revocation, or other permit sanctions as a result of any such violation shall be as follows:

First offense: Up to $250 per violation per day;

Second offense: Up to $500 per violation per day;

Third violation shall result in summary suspension.

Summary suspension. Notwithstanding the foregoing section, when the Township has reasonable grounds to believe that a permittee has engaged in deliberate and willful violation of any applicable law or regulation, or that the public health, safety, and/or general welfare has been jeopardized and requires emergency action, the Township may enter a temporary summary suspension order for the immediate suspension of the permit and notice to the Cannabis Regulatory Commission pending further investigation.

The temporary summary suspension order shall be in writing and shall state the reasons therefor.

The Township shall convene a review panel from the Committee of at least three members. The hearing shall be scheduled within 30 days of the date of the temporary suspension order.

The permittee shall be afforded an opportunity for a hearing as outlined herein.