[Adopted 8-9-2021 by Ord. No. 2021-15; amended in its entirety 11-8-2021 by Ord. No. 2021-25]
As used in this article, the following terms shall have the
meanings indicated.
ACADEMIC MEDICAL CENTER
An entity located in New Jersey that, on the effective date
of P.L. 2019, c. 153 (N.J.S.A. 24:6I-5.1 et seq.), has an addiction
medicine faculty practice or is in the same health care system as
another facility located in New Jersey that offers outpatient medical
detoxification services or inpatient treatment services for substance
use disorder; has a pain management faculty practice or a facility-based
pain management service located in New Jersey; has graduate medical
training programs accredited, or pending accreditation, by the Accreditation
Council for Graduate Medical Education or the American Osteopathic
Association in primary care and medical specialties; is the principal
teaching affiliate of a medical school based in the state; and has
the ability to conduct research related to medical cannabis. If the
entity is part of a system of health care facilities, the entity shall
not qualify as an academic medical center unless the health care system
is principally located within the state.
ALTERNATIVE TREATMENT CENTER or MEDICAL CANNABIS BUSINESS
An organization issued a permit pursuant to the Jake Honig
Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et seq.) to operate as a medical cannabis cultivator, medical
cannabis manufacturer, medical cannabis dispensary, or clinical registrant,
as well as any alternative treatment center deemed pursuant to Section
7 of that Act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis
cultivator permit, a medical cannabis manufacturer permit, and a medical
cannabis dispensary permit.
CANNABIS
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2021, c.
16 (N.J.S.A. 24:6I-31 et seq.) for use in cannabis products, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product.
CANNABIS BUSINESS
Any person or entity that holds any of the six classes of
licenses established under P.L. 2021, c. 16, the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act.
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or
produces cannabis, 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.
This person or entity shall hold a Class 1 cannabis cultivator license.
CANNABIS DELIVERY SERVICE
Any licensed person or entity 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. This person or entity shall hold a Class 6 cannabis
delivery license.
CANNABIS DISTRIBUTOR
Any licensed person or entity 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. This person or entity shall hold a Class 4 cannabis distributor
license.
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
CANNABIS MANUFACTURER
Any licensed person or entity 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.
This person or entity shall hold a Class 2 cannabis manufacturer license.
CANNABIS PRODUCT
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis product" does not include:
A.
Usable cannabis by itself; or
B.
Cannabis extract by itself; or
C.
Any other cannabis resin by itself.
CANNABIS RETAILER
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 cannabis retailer license.
CANNABIS TESTING FACILITY
An independent, third-party entity meeting accreditation
requirements established by the Cannabis Regulatory Commission that
is licensed to analyze and certify cannabis items and medical cannabis
for compliance with applicable health, safety, and potency standards.
CANNABIS TRAINING FACILITY
An entity that provides educational curriculum and/or mentorship
and job training in related cannabis- and hemp-related businesses,
including, but not necessarily limited to, medical research, political
science, legal, accounting, operational professionals, and law enforcement
in the emerging cannabis industry taking a science, technology, engineering,
arts, and math approach. A training facility may, but is not required
to, hold any license to sell, cultivate, or manufacture cannabis.
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 cannabis wholesaler
license.
DRUG-FREE SCHOOL ZONE
An area inclusive of property used for school purposes by
any publicly funded primary school, whether or not owned by such school,
within 1,000 feet of any such property. This shall be measured from
the property line of the school property to the cannabis business
establishment or facility. As it pertains to cannabis businesses within
the City of Bordentown, it does not include parks nor other public
facilities outside of school property.
[Amended 8-8-2022 by Ord. No. 2022-08]
MICROBUSINESS
Any person or entity licensed under P.L. 2021, c. 16 (N.J.S.A.
24:6I-31 et seq.) as a cannabis cultivator, cannabis manufacturer,
cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis
delivery service that may only, with respect to its business operations,
and capacity and quantity of product:
A.
Employ no more than 10 employees;
B.
Operate a cannabis establishment occupying an area of no more
than 2,500 square feet, and in the case of a cannabis cultivator,
grow cannabis on an area no more than 2,500 square feet measured on
a horizontal plane and grow above that plane not higher than 24 feet;
C.
Possess no more than 1,000 cannabis plants each month, except
that a cannabis distributor's possession of cannabis plants for transportation
shall not be subject to this limit;
D.
Acquire each month, in the case of a cannabis manufacturer,
no more than 1,000 pounds of usable cannabis;
E.
Acquire for resale each month, in the case of a cannabis wholesaler,
no more than 1,000 pounds of usable cannabis, or the equivalent amount
in any form of manufactured cannabis product or cannabis resin, or
any combination thereof; and
F.
Acquire for retail sale each month, in the case of a cannabis
retailer, no more than 1,000 pounds of usable cannabis, or the equivalent
amount in any form of manufactured cannabis product or cannabis resin,
or any combination thereof.
[Amended 8-8-2022 by Ord. No. 2022-08]
The City Cannabis Advisory Committee (CAC) appointed by the
City governing body will act as the body for local review for the
City for all cannabis businesses. Where state law requires communication
to the City by the Cannabis Regulatory Commission or any other state
agency with regard to the licensing of cannabis businesses and where
state law requires any review or approval by the City of any action
taken by the state licensing authority, the exclusive authority for
receiving such communications and granting such approvals shall be
communicated through the City Administrator's office upon recommendation
by the City Cannabis Advisory Committee and authorized by the City's
governing body.
A. There will be seven members of the CAC which shall include residents
and business owners located within the City. The appointees shall
include, at a minimum, one member from the following categories:
(2) City Administrator or designee;
(3) Member of the Economic Development Commission;
(4) Bordentown City Police Chief or designee;
(5) City Planning Board Chair or designee;
B. The Committee shall be supported by the City Planner and City Solicitor's
office.
Under no circumstances shall a local license issued to a cannabis
business by the City Clerk be effective until the state has issued
the requisite licenses to operate such a business. It is the intent
of this article that no cannabis business may lawfully operate in
the City of Bordentown without the issuance of a state license and
full regulatory oversight of the cannabis business by the Cannabis
Regulatory Commission or other state licensing authority, as well
as the issuance of a cannabis business license by the City.
[Amended 8-8-2022 by Ord. No. 2022-08]
Persons or entities wishing to obtain any classification of
cannabis license shall file a license application with the Board of
Commissioners, on a standardized form established by the City and
made available in the City Administrator's office. The Commissioners
may establish a reasonable application period and deadline for all
applications through a request for proposals (RFP) if deemed appropriate.
An application shall be deemed incomplete, and shall not be processed
by the City Administrator and transmitted to the Cannabis Advisory
Committee, until all documents and application fees are submitted.
To be deemed complete, all applications shall be accompanied by the
following:
A. The applicant shall submit proof that the applicant has or will have
lawful possession of the premises proposed for the cannabis business,
which proof may consist of: a deed, a lease, a real estate contract
contingent upon successful licensing, or a binding letter of intent
by the owner of the premises indicating an intent to lease the premises
to the entrant contingent upon successful licensing.
B. The applicant shall submit an affidavit and documentary proof of
compliance with all state and local laws regarding affirmative action,
antidiscrimination, and fair employment practices. The applicant shall
also certify under oath that they will not and shall not discriminate
based on race, color, religion (creed), gender, gender expression,
age, national origin (ancestry), disability, marital status, sexual
orientation, or military status in any of its activities or operations.
C. The location proposed for licensing by the applicant shall comply
with all applicable municipal zoning laws and the location restrictions
set forth in this Code with a conditional zoning permit required.
D. The applicant shall submit, to the satisfaction of the Committee,
proof of financial capability to open and operate the cannabis establishment
for which the applicant is seeking a license. Standards for proof
of financial capability shall be presented in strict confidence as
determined by the requirements of the Cannabis Regulatory Commission.
E. The applicant and the application shall otherwise comply with any
and all qualification standards set forth in the state and City laws
or regulations.
F. The applicant shall address, at a minimum, the criteria established in §
139-8, in addition to the application developed by the Committee.
G. The applicant shall submit an application fee in the amount of $5,000.
Microlicenses shall submit a fee of $1,000.
H. Biannual registration fees. Upon obtaining a state license shall
submit biannual registration fees of $10,000. Microlicenses shall
submit a fee of $2,000.
I. Transfer fees shall be 10% of sale of any license awarded a cannabis
business in the City of Bordentown or $10,000, whichever is greater.
[Amended 8-8-2022 by Ord. No. 2022-08]
There is hereby established a medical cannabis transfer tax
in the City of Bordentown, which shall be fixed at a uniform percentage
rate of 2% on the purchase price of any medical cannabis dispensed
by a medical cannabis dispensary in the City, including medical cannabis
that is furnished by the dispensary to a medical cannabis handler
for delivery to a registered qualifying patient or the patient's caregiver,
and which shall be in addition to any other tax or fee imposed pursuant
to statute or local ordinance or resolution by any governmental entity
upon the dispensary.
The cannabis transfer tax shall be in addition to any other
tax or fee imposed pursuant to statute or local ordinance or resolution
by any governmental entity upon property or cannabis establishment.