[HISTORY: Adopted by the Mayor and Common Council of the City of Gloucester City as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-23-2023 by Ord. No. O02-2023]
Pursuant to Section 40 of the New Jersey Cannabis Regulatory, Enforcement and Marketplace Modernization Act (CREAMMA),[1] the following municipal tax shall be collected from the following cannabis license holders:
A. 
A 2% municipal transfer tax shall be imposed on the lawful sale of cannabis produced by any Class I, II and V license holder.
B. 
A 1% municipal transfer tax shall be imposed on the lawful sale of cannabis produced by any Class III license holder.
C. 
All municipal taxes identified herein shall be paid to the City of Gloucester City no later than February 1 in the subsequent year from when it is incurred and collected by the license holder.
[1]
Editor's Note: See N.J.S.A. 40:48I-1.
[Adopted 3-27-2023 by Ord. No. O08-2023]
A. 
No person or business entity shall engage in or carry on any cannabis business of any class, in the City of Gloucester City, or engage in said business, unless a license as herein provided for shall have been first obtained by the person or business entity engaging in said business.
B. 
Any person or business wishing to obtain a local cannabis license for any class of cannabis establishment shall file a license application with the City Clerk, on a standardized form established by the City Clerk in a form attached hereto and made a part hereof, and available in the Clerk's office and on the City's website.
C. 
An application shall be deemed incomplete, and shall not be processed by the City Clerk, until all documents and application fees are submitted. To be deemed complete, all applications shall be accompanied by the following:
(1) 
The applicant shall submit proof of licensure by the State of New Jersey.
(2) 
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 the following: a deed, a lease, a real estate contract contingent upon successful licensing, or a letter of intent from the owner of the premises indicating an intent to lease the premises to the applicant contingent upon approval of required licenses.
(3) 
The location proposed for licensing by the applicant shall comply with all applicable City zoning laws and the location restrictions set forth in the City Land Use Ordinance.
(4) 
The applicant shall submit a nonrefundable initial application fee in the amount of $2,500 or a nonrefundable annual renewal fee in the amount of $1,000, as appropriate. The amount of the nonrefundable application or renewal fee may be modified from time to time by subsequent duly adopted Fee Ordinance by the City of Gloucester City.
(5) 
The applicant and the substance of the application shall otherwise comply with any and all qualification standards set forth in all state and local laws, rules and regulations.
(6) 
Notwithstanding the foregoing, any entity requiring a letter of endorsement from the Mayor or Common Council of the City of Gloucester shall first make send request in writing along with a letter fee in the amount of $750.
A. 
Any duly issued license by the City of Gloucester City shall be valid for a period of one year, commencing January 1, of each year and each succeeding year.
B. 
The City Clerk may, at his/her discretion, adjust the annual renewal date of the local cannabis license to correlate with an applicant's state licensing or renewal schedule to the extent applicable.
C. 
Upon renewal of a license hereunder, the licensee shall be governed by any amendments, further restrictions, or change in requirements adopted since the previously license was issued or renewed.
D. 
Transfer of ownership of a license, changes of location of any license issued hereunder, or modifications to expand a licensed premises shall be require the issuance of a new license requiring the initiation of the licensing process, subject to the express review and approval of the City of Gloucester City or its Land Use Board.
E. 
If the licensee shall receive a notice of violation of any law or regulations relating to its state license, including disciplinary action against any past or current cannabis license, the application for renewal shall include a copy of any such violations issued, or other such disciplinary action with its application.
F. 
Any person aggrieved by the action of the City Clerk in the denial of an application for license, or the decision with reference to the revocation or suspension of a license in accordance with this chapter, shall have the right of appeal to the City's Common Council. Such appeal shall be taken by filing with the City Clerk, within 10 days of the action complained of, a written statement setting forth fully the grounds for the appeal. The City's Common Council may decide the matter on the papers or schedule a time and place for a hearing on such appeal. Notice of any such hearing shall be served upon the applicant/licensee (whichever is appropriate) or mailed, postage prepaid, to the applicant/licensee at the address given on the application for license in accordance with this chapter, at least five days prior to the date set for said hearing. The decision and order of the City Council on such appeal shall be final and conclusive.
This article shall be enforced by the Police Department and/or other municipal officials of the City of Gloucester City.
The Clerk of the City of Gloucester City shall turn over all said license fees collected by him/her to the City Chief Financial Officer.
Any person violating any provision of this article shall, upon conviction thereof, be subject to a fine not exceeding $2,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of a court of competent jurisdiction. Each and every day that such violation shall continue shall be a further and separate offense under the terms of this article, subject to the penalties herein prescribed.