[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]
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 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]
Pursuant to N.J.S.A. 24:6I-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]
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.
The number of Local Licenses shall be limited to a combined total
of four active Local Licenses irrespective of the categories of Licensed
Cannabis Entities, except that any Local License to a Targeted Microbusiness
shall not count towards the total number of Local Licenses pursuant
to his section.
[Added 7-13-2021 by Ord.
No. 2647-21; amended 2-15-2022 by Ord. No. 2673-21]
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. 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 the 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 a copy of the application to the: (i) Board of Education; (ii) the Township Zoning Officer; (iii) the Health Department; and the (iv) Township Fire Chief, except for the transmission of the requirements set forth in subsection b4(a) of this provision. These departments 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 14 days from transmission 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 stockholders in the corporation
or partnership who own 10% or more of its stock, of any class or of
all individual partners in the partnership who own a 10% or greater
interest therein, as the case may be. If one or more such stockholder
or partner is itself a corporation or partnership, the stockholders
holding 10% or more of that corporation's stock, or the individual
partners owning 10% or greater interest in that partnership, as the
case may be, shall also be listed with its home address. The disclosure
shall be continued until names and home addresses of every noncorporate
stockholder, and individual partner, exceeding the 10% ownership criteria
has been listed.
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
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.
5.
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.
6.
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 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-day
period shall be deemed a denial of the application.
[Added 7-13-2021 by Ord.
No. 2647-21]
[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]
a.
A Licensed Cannabis Entity may only operate from the hours of 8:00
a.m. through 7:00 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 to authority to require
additional safety and security measures.
[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.
