[Adopted 3-16-2022 by Ord. No. 05-2022]
A. 
There is hereby created an Atlantic City Cannabis Review Board ("Review Board"), which shall serve as an advisory committee to Atlantic City, whose duty it shall be to review applications for cannabis wholesaler, cannabis retailer, medical cannabis dispensary and cannabis delivery operations based within Atlantic City.
B. 
The Review Board shall be comprised of five members: the Mayor or his or her designee, a City Council member to be designated by Council, the Director of Planning and Development, or a designee as approved by the City's Business Administrator, the Director of Licensing and Inspections, or a designee as approved by the City's Business Administrator and citizen member appointed by the Mayor. All appointments shall be for one year.
C. 
The Review Board and the actions thereof are subject to the enabling authority of the State of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the "Personal Use Act"), N.J.S.A. 24:6I-31 to 24:6I-56, and the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 to 24:6I-30. If any provision of this article is found to be inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes and/or regulations shall govern.
The purpose of the Cannabis Review Board is to assure the public health, safety, and general welfare of Atlantic City and its residents, business establishments and visitors.
As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATIVE OFFICER
The Director of Licensing and Inspections or his or her designee shall act as the administrative officer for accepting and processing of applications to the Cannabis Review Board. The administrative officer or their designee shall be the point of contact for all communication between Atlantic City and the state licensing authority or any other state agency with regard to cannabis licensees. The administrative officer, in consultation with the Cannabis Review Board, shall enforce the provisions of this code.
CANNABIS ACT
The Jake Honig Compassionate Use Medical Cannabis Act (approved July 2, 2019), P.L. 2019, c. 153, revising and supplementing P.L. 2009, c. 307, N.J.S.A. 24:6I-1 to 24:6I-30, and the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the "Personal Use Act"), N.J.S.A. 24:6I-31 to 24:6I-56.
MEDICAL CANNABIS DISPENSARY(IES)
An organization or entity, authorized by permit issued by the New Jersey Cannabis Regulatory Commission to purchase or obtain, possess, display, deliver, transfer, transport, distribute, supply, sell and dispense medical cannabis, medical cannabis products, paraphernalia and related supplies to registered qualifying patients, designated caregivers, or institutional caregivers pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 to 24:6I-30).
A. 
Application review. The Review Board shall receive and review all applications for cannabis licenses and shall provide recommendations for letters of support to City Council and, if necessary, a report to the appropriate land use board of jurisdiction prior to the applicant's submission of a conditional use application to the Board.
B. 
Host community agreement. The Cannabis Review Board shall, at its discretion, negotiate a host community agreement with the proposed cannabis licensee establishing the applicant's willing commitment to the community and its support for, by example, local cannabis education programs, local employment and job training, public safety programs, or other mutually beneficial community investments.
C. 
Consumption endorsement review.
(1) 
An applicant is prohibited from operating a cannabis consumption area without first obtaining approval from both the State Commission and the City of Atlantic City. The Review Board shall receive and review all applications for endorsement of a cannabis consumption area made to the State Commission pursuant to N.J.S.A. 24:6I-21 or N.J.S.A. 24:6I-42. The State Commission shall convey to the City, within 14 days, a copy of the application for a consumption area.
(2) 
The Review Board shall consider the application for cannabis consumption area pursuant to the conditions set forth in Chapters 176 and 163 of the Atlantic City Municipal Code and shall, in consultation with the Atlantic City Police Department on matters of public health, safety and general welfare, make a recommendation for endorsement or denial to the City Council for adoption by resolution. Such resolution may be conveyed to the State Commission, if applicable.
(3) 
The applicant seeking municipal approval for a cannabis consumption area shall file a separate application, on a standardized form established by the City and available on the City's website or from the Director of Licensing and Inspections. The municipal application shall not be deemed complete until all documents are received and the application and escrow fees have been remitted.
(4) 
Consumption endorsement may be rescinded by the Review Board with consent from the City Council, at any time, pursuant to Section 28 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-21 or N.J.S.A. 24:6I-42), if the licensee is found to be in violation of any state provision or condition of approval, or if it is determined that the health, safety or general welfare of the public is being adversely impacted.
D. 
The Review Board shall have 30 days, from the conclusion of its review of applications for the cannabis wholesaler, cannabis retailer, medical cannabis dispensary or Atlantic City based cannabis delivery, to issue its endorsement, or report to the contrary, to the appropriate land use board of jurisdiction, if necessary.
E. 
The Review Board shall have 60 days from the receipt of a complete application for consumption endorsement to issue its endorsement, or report to the contrary, to the City Council for a resolution.
F. 
An applicant for either endorsement shall provide additional clarification and/or supplementation within 10 days after any written request by the Review Board for the same.
G. 
Administrative and local license fees.
(1) 
The application fee for endorsement of a cannabis license shall be 20% of the total license fee.
(2) 
All applications for endorsement shall be accompanied by an escrow fee of 20% to be used by the Review Board to pay professionals for services rendered during the application process, such as review and preparation of documents, transcripts, and inspections. If review costs exceed the escrow deposited, the applicant shall pay the additional amount within 15 days of the request for additional funds. Where the review costs are less than the amount of the escrow deposit, the difference shall be returned to the applicant within 120 days of final disposition of the application.
(3) 
The successful applicant shall remit to Atlantic City, via the administrative officer, license fees on an annual basis.