[Added 7-13-2021 by Ord. No. 2647-21]
The purpose of this section is to establish the requirements for duly Licensed Cannabis Entities operating within the Township. The provisions of this section are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities. If any provisions of this section are inconsistent with the statutes and/or regulations of the State of New Jersey, the State statute and/or regulation shall govern.
[Added 7-13-2021 by Ord. No. 2647-21; amended 8-22-2023 by Ord. No. 2808-23; 7-9-2024 by Ord. No. 2852-24]
For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Means an organization issued a permit pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1, et. al. to operate as a Medical Cannabis Cultivator, Medical Cannabis Manufacturer, Medical Cannabis Dispensary, or clinical registrant, as well as any organization deemed to concurrently hold a Medical Cannabis Cultivator permit, a Medical Cannabis Manufacturer permit, and a Medical Cannabis Dispensary permit or as otherwise defined under the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1, et. al.
Means a licensed cannabis entity applying to the Township for a local license to operate within the Township.
Shall have the same meaning as defined in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq.
Means any licensed person or entity who holds a Class 1 Cannabis Cultivator license that grows, cultivates, or produces cannabis in this State, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers or as otherwise defined under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq.
Means any licensed person or entity who holds a Class 6 Cannabis Delivery license that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer or as otherwise defined under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq.
Means any licensed person or entity who holds a Class 4 Cannabis Distributor license that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities or as otherwise defined under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq.
Means any licensed person or entity who holds a Class 2 Cannabis Manufacturer license that processes cannabis items in this State by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers or as otherwise defined under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq.
Means any licensed person or entity who holds a Class 5 Cannabis Retailer license from the Commission or the State of New Jersey that purchases cannabis from cannabis growers and cannabis items from cannabis processors or Cannabis Wholesalers and sells these to consumers from a retail store or as otherwise defined under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq.
Means any licensed person or entity who holds a Class 3 Cannabis Wholesaler License from the Commission or the State of New Jersey that sells cannabis items for the purpose of resale either to another cannabis wholesaler or to a cannabis retailer or as otherwise defined under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq.
Shall mean the Cannabis Regulatory Commission established under the New Jersey Department of Health and established pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1, et. al. in, but not of, the New Jersey Department of Treasury.
Shall mean either a Licensed Cannabis Establishment or a Licensed Medical Marijuana Facility as defined in this section.
Shall mean a duly licensed Cannabis Cultivator, a Cannabis Manufacturer, a Cannabis Wholesaler, or a Cannabis Retailer licensed under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq.
Shall mean a duly licensed Medical Cannabis Cultivator, a duly licensed Medical Cannabis Manufacturer, a duly licensed Cannabis Dispensary, or an Alternative Treatment Center lawfully operating pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1, et. al.
Shall mean a license granted by the Township of West Orange to operate a Licensed Cannabis Entity within the Township.
Means an organization holding a permit issued by the Commission that authorizes the organization to: possess and cultivate cannabis and deliver, transfer, transport, distribute, supply, and sell medical cannabis and related supplies to other Medical Cannabis Cultivators and to Medical Cannabis Manufacturers, clinical registrants, and Medical Cannabis Dispensaries, as well as to plant, cultivate, grow, and harvest medical cannabis for research purposes or as otherwise defined under the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1, et. al.
Means an organization issued a permit by the Commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from Medical Cannabis Cultivators; purchase or obtain medical cannabis products and related supplies from Medical Cannabis Manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other Medical Cannabis Dispensaries and from clinical registrants; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver, and possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, and related supplies to qualifying patients, designated caregivers, and institutional caregivers or as otherwise defined under the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1, et. al.
Means an organization issued a permit by the Commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from a Medical Cannabis Cultivator or a clinical registrant; purchase or obtain medical cannabis products from another Medical Cannabis Manufacturer or a clinical registrant; produce, manufacture, or otherwise create medical cannabis products; and possess, deliver, transfer, transport, distribute, supply, and sell medical cannabis products and related supplies to other Medical Cannabis Manufacturers and to Medical Cannabis Dispensaries and clinical or as otherwise defined under the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1, et. al.
Means applicant(s) who have: (i) received a Resolution of Local Support from the Township on or before January 10, 2023 with all subsequent modifications, if any, approved by the Township of West Orange; and (ii) whose cannabis business receives an annual license from the Commission.
Means all shareholders, partners, convertible debt holders and option holders of a corporation, partnership and/or other single or multiple member business enterprise or other entity.
Means a Licensed Cannabis Entity located within the Township which qualifies as a microbusiness pursuant to the definitions and qualifications as set forth in N.J.S.A. 24:6I-33 and N.J.S.A. 24:6I-36(f)(2) of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act and or any other requirements set forth therein.
[Added 7-13-2021 by Ord. No. 2647-21; amended 8-22-2023 by Ord. No. 2808-23]
It shall be unlawful for any individual or entity to distribute cannabis or cannabis products except for a Licensed Cannabis Entity acting within the scope of a license issued by both the Commission and within the scope of a Local License in accord with this section.
Pursuant to N.J.S.A. 24:61-45(c)(2) of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, no Licensed Cannabis Entity shall be allowed to operate within the Township of West Orange until such person or entity shall be licensed and registered in accord with this section. For violation of any provision of this subsection, penalties shall be in accordance with Chapter 1, § 1-5.
[Added 7-13-2021 by Ord. No. 2647-21; amended 8-22-2023 by Ord. No. 2808-23; 7-9-2024 by Ord. No. 2852-24]
a.
The Township may approve or deny an application for a Local License to operate a License Cannabis Entity at its sole discretion, consistent with all governing State Law, based on an evaluation of the benefits compared to the potential harm of the prospective licensee's operation of a Licensed Cannabis Entity as proposed in the prospective licensee's application for a Local License.
b.
b. The number of Licensed Cannabis Entities holding a Local Licenses shall be limited to: (i) four Local Licenses for Cannabis Retailers; and (ii) three total Local License for Cannabis Cultivators or Manufacturers.
[Added 7-13-2021 by Ord. No. 2647-21; amended 2-15-2022 by Ord. No. 2673-21; 8-22-2023 by Ord. No. 2808-23]
a.
Applications for licensing pursuant to this section shall be submitted to the Office of the Township Clerk under oath on a form furnished by the Township. Applicants shall submit one hard copy of the entire application for licensing and a thumb drive containing: (i) scanned copy of the entire application for licensing; and (ii) a scanned copy of the application without the requirements set forth in subsection b4(a) of this provision. Upon the filing of the application, the Applicant shall pay to the Township an application fee in an amount to be established by resolution of the Township Council. The Office of the Township Clerk shall then transmit a copy of the entire application to the Office of Police Chief for the West Orange Police Department or the Chief's designee for review of the application. The Office of the Township Clerk shall also provide the copy of the application without the requirements set forth in subsection b4(a) of this provision to the: (i) Board of Education; (ii) the Township Zoning Officer; (iii) the Health Department; (iv) Township Fire Chief; (v) the Special Improvement District, if the proposed location is within the Special Improvement District; and (vi) all property owners within 200' of the proposed site. All departments and/or bodies receiving the application shall review the application and forward their comments to the Police Chief for the West Orange Police Department or the Chief's designee no later than thirty (30) days from submission of the application.
b.
The application shall require submission of the following information:
1.
The name and home address of the Applicant. If the Applicant is not a natural person, the Applicant shall submit a statement setting forth the names and home addresses of all Stakeholders in the Applicant. All such Stakeholders who are not themselves natural persons shall list the names and home addresses of the Stakeholders of that entity. The disclosure shall continue until the names and home addresses of every natural person that is a Stakeholder of the Applicant whether directly or indirectly is provided.
2.
The name of any other business entities in which any of the individuals identified pursuant to subsection b1 of this provision have or have had an ownership interest which: (i) cultivates, manufactures, wholesales or dispenses cannabis or cannabis products; (ii) invests or finances in any such entity; or (iii) is regulated by any governmental entity.
3.
A copy of the license issued by the Commission authorizing the Applicant to operate as a Licensed Cannabis Entity with a copy of all application materials and documents submitted to the Commission for a license.
4.
Plans prepared by a duly licensed architect, engineer, or planner which shall depict the layout and design for the proposed location of the Licensed Cannabis Entity within the Township.
(a)
The required plans shall depict the proposed security measures for the location in order for the West Orange Police Department to evaluate the sufficiency of the security measures as required under this section. The plans shall be deemed confidential and shall only be transmitted to the Police Chief for the West Orange Police Department or the Chief's designee.
(b)
The Applicant shall also provide either a lease agreement or agreement of sale for the property where the Applicant intends to operate the Licensed Cannabis Entity. The lease agreement or agreement to purchase must be executed by the owner of the property where the Applicant intends to operate the Licensed Cannabis Entity. The lease agreement or agreement of sale may be contingent upon the Applicant's ability to successfully: (i) obtain a Local License; and (ii) if applicable, obtain approval from the West Orange Planning Board or the West Orange Zoning Board of Adjustment. If the owner of the property is a corporation, the Applicant shall also provide a copy of a corporate resolution of the corporation authorizing the execution of the lease agreement or agreement of sale. No property owner may execute a lease agreement or agreement to purchase for more than one entity at the proposed location and shall notify the Township Clerk in writing of any termination and/or expiration of the lease agreement or agreement to purchase no later than five (5) days of such termination or expiration.
5.
Upon termination or expiration of the lease agreement, the Licensed Cannabis Entity must cease all operations.
6.
Acknowledgment and agreement authorizing the West Orange Police Department to perform background checks and/or investigations regarding any individuals disclosed pursuant to subsection b1 of this provision and any employees of the Applicant.
7.
If the Applicant is applying for a Local License as a Targeted Microbusiness, a copy of any and all documents issued by the Commission declaring the Applicant as microbusiness under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act with a copy of all application materials and documents submitted to the Commission for such a declaration.
c.
The Police Chief for the West Orange Police Department or the Chief's designee shall review the application, review the comments from the departments provided pursuant to subsection a of this provision, and prepare a memorandum addressed to the Township Council: (i) analyzing the Applicant's ability to comply with all of the Township's requirements for a Licensed Cannabis Entity, including the required security measures; (ii) assessing the benefits compared to the potential harm of the Applicant's proposed operation of a Licensed Cannabis Entity; and (iii) recommending whether to grant or deny the application for a Local License. The Police Chief or the Chief's designee shall transmit the memorandum to the Office of the Township Clerk.
d.
Within sixty (60) days from the transmission of the memorandum to the Office of the Township Clerk, the Township Council shall adopt a resolution either granting the application or denying the application. The Township Council's failure to adopt a resolution within the sixty (60) day period shall be deemed a denial of the application.
[Added 7-13-2021 by Ord. No. 2647-21; amended 8-22-2023 by Ord. No. 2808-23]
a.
All licenses shall be issued for the term of one year(s) and shall expire one year(s) after the date of issuance.
b.
Licenses shall not be transferable, assignable, or divisible.
c.
Any change in ownership subject to disclosure under Chapter 5, Section 5-34.5b1 of the Township of West Orange Municipal Code shall be subject to approval by the Township of West Orange by written notice to the Licensed Cannabis Entity within two (2) weeks. If any transfer of the license occurs without Township Council approval, the Licensed Cannabis Entity shall cease all operations.
d.
All Licensed Cannabis Entities shall submit their applications for renewal no later than sixty (60) days before the expiration of the license, except that a Licensed Cannabis Entity may request from the Township Council an extension of thirty (30) days to submit an application for renewal provided that the request for an extension is submitted no later than thirty (30) days before the expiration of the license. The Township shall approve or deny the Applicant's renewal application by written notice within thirty (30) days from submission of the application for renewal. If approval is not received, or if the Licensed Cannabis Entity did not submit their application in a timely fashion consistent with this subsection, the Licensed Cannabis Entity shall cease all operations.
[Added 7-13-2021 by Ord. No. 2647-21]
Any Licensed Cannabis Entity shall provide a copy of its permit issued by the Commission to the Police Department and Health Department no later than 30 days' prior to the commencement of any operations. A Licensed Cannabis Entity shall insure that a current permit is on file with the Police Department and Health Department at all times. A copy of the current permit issued by the Commission shall be posted within the Licensed Cannabis Entity at all times at a location readily visible by any and all patrons of the facility.
[Added 7-13-2021 by Ord. No. 2647-21; amended 8-22-2023 by Ord. No. 2808-23; 7-9-2024 by Ord. No. 2852-24]
a.
A Licensed Cannabis Entity may only operate during the following hours: Sundays from 8:00 A.M. through 7:00 P.M.; Mondays, Tuesdays, and Wednesdays from 8:00 A.M. through 8:00 P.M.; and Thursdays, Fridays, and Saturdays from 8:00 A.M. through 9:00 P.M. A Licensed Cannabis Cultivator and a Licensed Cannabis Manufacturer shall not be subject to these hours of operations, except that incoming or outgoing deliveries of any kind shall only occur between the hours of 8:00 A.M. through 8:00 P.M.
b.
No persons under the age of 21 shall be allowed in a Licensed Cannabis Establishment. No person under the age of 18 shall be allowed in a Licensed Medical Marijuana Facility.
c.
The sale or consumption of alcohol at a Licensed Cannabis Entity shall be prohibited.
d.
Cannabis Consumption Areas, as defined in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31, et. seq., shall be prohibited.
e.
A Licensed Cannabis Entity shall be secured and have full-time security protocols in place subject to review and approval from the West Orange Police Department which shall include at least a twenty-four-hour security video system with footage to be kept for at least 30 days and a vault for storage of money when the Licensed Cannabis Entity is closed. Prior to the commencement of any operations, a Licensed Cannabis Entity must first obtain from the Police Chief, or designee, written approval of the Licensed Cannabis Entity's security protocols. The Police Chief, or designee, shall have the authority to require additional safety and security measures.
f.
A Licensed Cannabis Retail and a Licensed Medical Cannabis Dispensary shall have no less than one (1) on site parking space for every 250 square feet (250') of space being utilized by the Licensed Cannabis Retail or Licensed Medical Cannabis Dispensary.
g.
All Cannabis Entities shall be prohibited from operating a drive through window.
[Added 7-13-2021 by Ord. No. 2647-21]
The Health Department, the Zoning Official, the Police Department, and the Fire Department shall, from time to time, make an inspection of the Licensed Cannabis Entity for the purpose of determining whether the provisions of this section are complied with. It shall be unlawful for any Licensed Cannabis Entity to refuse to allow such inspection or to hinder such an inspection.