[HISTORY: Adopted by the Township Council of the Township
of Little Falls 8-9-2021 by Ord. No. 1420. Amendments noted where
applicable.]
This chapter is authorized pursuant to the "New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act," P.L. 2021, c. 016, and the implementing regulations promulgated
by the Cannabis Regulatory Commission (collectively, the "Act"), which
are hereby incorporated herein by reference, and shall be controlling
unless more restrictive standards are prescribed herein. If any provision
of this chapter is inconsistent with the statutes and/or regulations
of the State of New Jersey, the state statutes and/or regulations
shall govern.
For the purposes of this chapter, all terms shall be defined
consistent with the Act. All definitions included in N.J.S.A. 24:6I-33
are incorporated by reference herein. Additional definitions are as
below:
The Cannabis Regulatory Commission ("CRC"), established pursuant
to Section 31 of P.L. 2019, c. 307 (C. 24:61-24) or other entity with
regulatory jurisdiction over adult-use cannabis.
A.
A local license shall be required to operate a cannabis establishment,
as defined in the Act and as allowed by ordinance, in the Township.
The Township Clerk is hereby designated to act as the local licensing
authority for the Township for all cannabis establishments.
[Amended 8-28-2023 by Ord. No. 1468]
B.
Under no circumstances shall the Township Clerk receive or act upon
any application for local licensing of a cannabis establishment if
the permitting authority has not issued the appropriate conditional
or final state license. It is the intent of this chapter that no cannabis
establishment may lawfully operate in the Township absent the issuance
of the appropriate state license and full regulatory oversight of
the cannabis establishment by the permitting authority as well as
that of the Township.
[Amended 8-28-2023 by Ord. No. 1468]
C.
The Township Clerk shall receive all applications for local licensing
of a cannabis establishment. Said license application shall be reviewed
by the Township Administrator and deemed complete before the applicant
may apply for the appropriate zoning approval from the Township Land
Use Board with jurisdiction over the application and a certificate
of zoning compliance has been issued by the Zoning Officer.
[Amended 8-28-2023 by Ord. No. 1468
D.
All cannabis establishments shall be subject to site plan review
prior to commencing operations. Submitted plans shall depict parking
and loading areas, floor plans, building elevations, signage, landscaping,
and such other information as may be required by the Township.
E.
The Township Clerk, or his/her designee, shall be authorized to establish
rules and regulations consistent with the intent of this chapter.
F.
Whenever the Cannabis Regulatory Commission established by the Act
(the "Commission") forwards to the municipality any application for
initial licensing or renewal of an existing license for any cannabis
establishment or delivery service pursuant to Section 19 of the Act
or for a cannabis consumption area pursuant to Section 28 of P.L.
2019, c. 153 (C. 24:6I-21), or otherwise solicits the position of
the municipality on any matter related to cannabis-related activities
within the municipality, or upon the request of an applicant for or
holder of such license, the governing body shall determine whether
the application complies with the municipality's restrictions on the
number of cannabis establishments or delivery services, and on their
location, manner, or times of operation, and promptly inform the Commission,
applicant for or holder of a license whether the application complies
with same and whether it either approves or denies each application
or other request for municipal authorization forwarded to it.
[Amended 8-28-2023 by Ord. No. 1468]
A.
Persons wishing to obtain a local license for a cannabis establishment
shall file a license application with the Township Clerk, on a standardized
form established by the Business Administrator and available in the
Clerk's office and on the Township's website.
B.
An application shall be deemed incomplete, and shall not be processed
by the Township Clerk, until all documents and application fees are
submitted. To be deemed complete, all applications shall be accompanied
by the following:
(1)
The applicant shall submit proof of licensure by the permitting authority.
(2)
The applicant shall submit proof that the applicant has or will have
lawful possession of the premises proposed for the cannabis establishment,
which proof may consist of the following: a deed, a lease, a real
estate contract contingent upon successful licensing, or a letter
of intent from the owner of the premises indicating an intent to lease
the premises to the applicant contingent upon approval of required
licenses.
(3)
The location proposed for licensing by the applicant shall comply
with all applicable Township zoning laws and the location restrictions
set forth herein.
(4)
The applicant shall submit an application fee of $1,000 for a license.
The amount of the nonrefundable application fee may be modified from
time to time by subsequent duly adopted resolution of the Township
Council.
(5)
Each subsequent year, the applicant will be required to recertify
the qualifications to remain as a valid cannabis establishment under
the laws of the state and the ordinances of the Township. The renewal
application form will be prepared by the Business Administrator and
available through the Township Clerk's office. The fee for the
renewal application shall be $5,000 annually.
(6)
The applicant and the contents of the application shall otherwise
comply with any and all qualification standards set forth in the state
and local laws, regulations, or requirements.
C.
The license as issued by the Township shall serve as written proof
of the suitability of the cannabis establishment location from the
Township. Other written statements, letters, resolutions, or other
documents issued by the Township or any official, employee, or other
representative shall not constitute annual or renewed "written, municipal
approval" for purposes of the Act.
A.
Any license shall be valid for a period of one year from January
1 in each year. The respective fees for any such license shall be
prorated according to the effective date of the license and based
on the respective annual fee as in this chapter provided.
B.
The Township Clerk may, at his/her discretion, adjust the annual
renewal date of the local license to correlate with an applicant's
state licensing and renewal schedule, and the annual license fee shall
be increased or decreased to prorate the period, accordingly.
C.
Upon renewal of a license, the licensee shall be governed by any
amendments, additional restrictions, or changes in requirements adopted
since the previous license was issued or renewed.
D.
Transfer of ownership of a license, change of location of any license,
or modification to expand a licensed premise shall be treated as a
new application, subject to Township land use review and approval.
The application fee under such circumstances shall be the same as
a new license: $1,000.
E.
If the licensee has received notice of violation of any law or regulation
relating to their state license, including disciplinary action against
any past or current cannabis license, the applicant for renewal shall
include a copy of the notice of violation or disciplinary action with
their application.
[Amended 10-4-2021 by Ord. No. 1425]
A.
No licenses shall be allowed for cannabis retailer as defined by
the Act.
B.
Licenses shall be allowed for cannabis microbusinesses only for the categories of uses identified in this Chapter 33 and for no other uses.
C.
Nothing herein shall be read or construed in any manner to authorize
or in any manner apply to medical cannabis businesses of any type
as defined by the Act.
A.
No building or structure associated with a cannabis establishment
shall be located within 1,000 feet of any school property (including
any property owned or leased by a public school board).
B.
No cannabis establishment shall be located in a residences of any
type such as a home office or similar arrangement.
All cannabis establishments shall limit their hours of operation
from 6:00 a.m. to 10:00 p.m., Monday through Saturday.
All operations of a cannabis establishments shall occur within
a single, or series of, completely enclosed buildings. No outdoor
storage shall be permitted.
A.
There shall be at least two employees on continuous duty in any part
of a cannabis establishment to which the public is invited.
B.
A cannabis establishment shall employ a security officer, or the
premises shall have in operation a security device approved by the
Chief of Police of the Township which may consist of a silent and/or
audible burglar alarm connected to a central security monitoring system
designed to activate police response, a closed circuit television
connected to a central security monitoring system designed to activate
police response, or such other device which can be activated instantaneously
to notify law enforcement officers that a crime or disorderly person's
activity is in progress.
C.
The Township Police Department shall be provided the name and phone
number of a contact person to notify during suspicious activity during
or after operating hours. Security staff is required on the premises
during all hours of operation.
D.
A burglarproof drop safe that regulates an employee's access to cash
shall be used on the premises.
E.
The exterior portion of a cannabis establishment, including parking
areas, shall be well lit during business hours. Said lighting shall
be designed so as to not unduly interfere with any neighbor's reasonable
use and/or enjoyment of the property.
F.
Fencing, a minimum of six feet in height, shall be installed around
the loading and unloading area of the cannabis establishment.
G.
Security protocols shall be submitted to the Township Police Department
for compliance review with all safety and security standards established
by the state of cannabis establishments. The Township Police Department
may, at their discretion and upon review of the proposed location,
recommend or require additional safety and security measures.
Cannabis plants, products, accessories, and associated paraphernalia
shall not be visible from a public sidewalk, public street or right-of-way,
or any other public place. On-site storage of usable cannabis shall
comply with applicable federal, state and local laws and regulations.
It shall be unlawful for any person 21 years of age or older
to consume cannabis through means other than by smoking, vaping, or
aerosolizing (e.g., edibles) in a public place, including any indoor
public place as the term is defined in N.J.S.A. 26:3D-57.
A.
A cannabis establishment must provide sufficient measures and means
of preventing smoke, odors, debris, dust, fluids and other substances
from exiting the cannabis establishment. In the event that any debris,
dust, fluids or other substances shall exit the business premises,
the property owner and operator shall be jointly and severally responsible
for the full cleanup immediately.
B.
A cannabis establishment shall properly dispose of all materials
and other substances in a safe and sanitary manner in accordance with
state regulations.
C.
Cannabis establishments must meet industry best practices for odor
control.
D.
All state regulations concerning ventilation systems shall be followed.
A.
In accordance with the Act, the Township shall impose a cannabis
transfer tax on receipts from the sale of cannabis by a cannabis cultivator
to another cannabis cultivator and receipts from the sale of cannabis
items from one cannabis establishment to another cannabis establishment
in the following percentages:
B.
In accordance with the Act, the user tax for the Township shall be
imposed at equivalent cannabis transfer tax rates on any concurrent
license holder operating more than one cannabis establishment in the
Township.
C.
The user tax rate shall be assessed at 2% on any concurrent license
holder operating more than one cannabis establishment. The user tax
shall be imposed on the value of each transfer or use of cannabis
or cannabis items not otherwise subject to the transfer tax imposed
pursuant to this chapter, from the license holder's establishment
that is located in the municipality to any of the other license holder's
establishments, whether located in the municipality or another municipality.
D.
The transfer 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 or equivalent value of the transfer for
the cannabis or cannabis item. The user 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 or equivalent
value of the transfer for the cannabis or cannabis item.
E.
All revenues collected from a transfer tax or user tax shall be remitted
to the Township Chief Financial Officer in a manner prescribed by
the Township. The Chief Financial Officer shall collect and administer
any transfer tax or user tax. The Township shall enforce the payment
of delinquent taxes or transfer fees in the same manner as provided
for municipal real property taxes.
A cannabis establishment shall comply with all applicable state
and local laws and regulations.
A.
The Township Clerk shall suspend or revoke any license if the corresponding
state license for the subject location is expired, surrendered, suspended,
or revoked.
B.
Where it is found that a licensee has engaged in a deliberate and
willful violation of any applicable law or regulation, or that the
public health, safety, and/or general welfare has been jeopardized
and requires emergency action, the Township Clerk is authorized and
empowered to immediately suspend any license or permit issued pursuant
to this chapter and order that the licensee cease all operations until
such time as the violations are abated.
C.
Any person aggrieved by the action of the Township Clerk in the denial
of an application for license or the decision with reference to the
revocation or suspension of a license in accordance with this section,
shall have the right of appeal to the Business Administrator, or his/her
designee. Such appeal shall be taken by filing with the Business Administrator,
within 10 days of the action complained of, a written statement setting
forth fully the grounds for the appeal. The Business Administrator,
or his/her designee, may decide the matter on the papers or schedule
a time and place for a hearing on such appeal. Notice of any such
hearing shall be served upon the applicant/licensee (whichever is
appropriate) or mailed, postage prepaid, to the applicant/licensee
at the address given on the application for license in accordance
with this chapter, at least five days prior to the date set for said
hearing. The decision and order of the Business Administrator, or
his/her designee, on such appeal shall be final and conclusive.
A.
Operation of any prohibited or unpermitted cannabis establishment
within the municipality in violation of the provisions of this chapter
is hereby declared a public nuisance and any such violation shall
be abated pursuant to all available remedies.
B.
It shall be deemed a nuisance if a person, who is consuming, using,
smoking, vaping, aerosolizing or imbibing cannabis, shall cause excessive
odor or other pollution to extend beyond the person's premises.
C.
Any person violating this chapter shall be subject to the penalties
of $1,000 per day of violation and each day constituting a separate
violation.
