[HISTORY: Adopted by the City Council of
the City of Long Branch 12-8-2021 by Ord. No. 22-21. Amendments noted where
applicable.]
A.
The cannabis transfer tax in Long Branch shall be fixed at a uniform
percentage rate of 2% on all sales or transfers of cannabis products
from any of the cannabis establishments that are located within the
geographical boundaries of the City. This tax shall be imposed on:
(1)
Receipts from the sale of cannabis by a cannabis cultivator to another
cannabis cultivator;
(2)
Receipts from the sale of cannabis items from one cannabis establishment
to another cannabis establishment;
(3)
Receipts from the retail sales of cannabis items by a cannabis retailer
to retail consumers who are 21 years of age or older; or
(4)
Any combination thereof.
B.
A 1% transfer tax shall be collected from receipts from each sale
by a cannabis wholesaler located within the geographical boundaries
of the City.
C.
A user tax is hereby also established at the same rate (2%) of the
transfer tax contained herein and shall be imposed on the value of
each transfer or use of cannabis or cannabis items not otherwise subject
to the transfer tax imposed pursuant to P.L. 2021, c. 16, from the
license holder's establishment that is located in the City to
any of the other license holder's establishments, whether located
in the City or another municipality.
D.
The transfer tax or user tax imposed by this chapter shall be in
addition to any other tax imposed by law. Any transaction for which
the transfer tax or user tax is imposed, or could be imposed, pursuant
to this section, other than those which generate receipts from the
retail sales by cannabis retailers, shall be exempt from the tax imposed
under the Sales and Use Tax Act (N.J.S.A. 54:32B-1 et seq.). The transfer
tax or user tax will be assessed and collected pursuant to established
state law and administrative rules and regulations regarding same.
