[Amended 2-26-2025 by Ord. No. 2/25]
A.
Local cannabis retailer tax.
(1)
The Town of West New York requires a local cannabis retailer tax on the sale of any cannabis or cannabis items by any cannabis retailer within the Town, which local cannabis retailer tax shall be imposed upon all receipts from the retail sales of cannabis items by a cannabis retailer to retail consumers who are 21 years of age or older.
B.
Collection of local cannabis retailer taxes.
(1)
The local cannabis retailer tax imposed pursuant to this section shall be in addition to any other tax imposed by law.
(2)
The local cannabis retailer tax shall be collected and paid to the Town by the cannabis retailer selling the cannabis item to that consumer.
(3)
The local cannabis retailer tax shall be stated, charged, and shown separately on any sales slip, invoice, receipt, or other statement or memorandum of the price paid or payable for the cannabis or cannabis item.
(4)
Every cannabis retailer required to collect the local cannabis retailer tax imposed by this section shall be personally liable for the local cannabis retailer tax imposed, collected, or required to be collected under this section.
(5)
Each cannabis retailer shall remit the collected taxes to the Chief Financial Officer of the Town on a quarterly basis along with a report certified as true and accurate by the cannabis establishment's Chief Financial Officer, Comptroller, or other similarly situated person showing the gross revenues for the cannabis establishment for each month of the quarter. No tax shall be considered remitted unless and until said report is supplied. Cannabis retailers shall also file a copy of their ST-5OC form that they filed with the state. No tax shall be considered remitted unless and until the cannabis retailer files a copy of the ST-5OC form.
(6)
Remittance shall be payable for the prior three month's activities and due at the same time as quarterly dates for the collection of property taxes. The revenues due on February 1 of each year shall include all local cannabis retailer taxes collected for the prior year months of October, November and December. The revenues due on May 1 of each year shall include all local cannabis retailer taxes collected for the immediate prior months of January, February and March. The revenues due on August 1 of each year shall include all local cannabis retailer taxes collected for the immediate prior months of April, May and June. The revenues due on November 1 of each year shall include all local cannabis retailer taxes collected for the immediate prior months of July, August and September.
(7)
There shall be no extension of the local cannabis retailer tax due date without a resolution by the Board of Commissioners authorizing a specific extension.
C.
Penalties for failing to pay the local cannabis retailer tax.
(1)
In the event that the local cannabis retailer tax imposed by this section is not paid as and when due by a cannabis business, the unpaid balance, and any interest accruing thereon, shall be a lien on the parcel of real property comprising the cannabis business in the same manner as all other unpaid municipal taxes, fees, or other charges. The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee, or other person, except the lien of municipal taxes, and shall be on a parity with and deemed equal to the municipal lien on the parcel for unpaid property taxes due and owing in the same year. In the event of a delinquency, the Chief Financial Officer shall file with the Tax Collector a statement showing the amount and due date of the unpaid balance and identifying the lot and block number of the parcel of real property that comprises the delinquent cannabis business. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens are enforced.
(2)
In the event that the local cannabis retailer tax imposed by this section is not remitted by the cannabis establishment within 30 days of when it is due, the cannabis establishment's municipal license to operate shall be suspended until that tax is remitted. This suspension shall be in addition to the lien imposed by Subsection C(1).
D.
Cannabis business licensing.
(1)
Cannabis retailers must possess a valid current license issued by the Town of West New York in order to operate its cannabis business, in addition to any licensing requirements established by the State of New Jersey.
(2)
The cannabis retailer shall be required to submit an application for a license, to be accompanied by a fee of $6,000, with all documentation as set forth in the application as required by the Town of West New York.
(3)
The annual license renewal fee is $15,000 and must be paid by December 1 preceding the next calendar year licensing period.