Editor's Note: For additional provisions regarding the sales and delivery of cannabis, see Chapter 5, General Licensing, and Chapter 23, Zoning.
[Added 8-17-2021 by Ord. No. 8-17-21]
a. 
The regulations 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 provision of this section is inconsistent with the statutes and/or regulations of the State of New Jersey, the State statutes and/or regulations shall prevail.
b. 
Prior to the operation of any cannabis establishment, a permit or license must be obtained from the State of New Jersey and from the Borough of Victory Gardens for the applicable types of cannabis establishment. No cannabis establishment shall be permitted to operate without State and Borough permits or licenses.
c. 
Permitted uses shall, at all times, comply with the terms and conditions of the licensee's cannabis establishment license for permits or licenses issued by the State of New Jersey and the Borough.
d. 
No cannabis establishment shall be allowed in any district except in District B as set forth in the Borough Code.
e. 
No cannabis establishment under Class 5 shall be housed in a vehicle or any movable or mobile structure.
f. 
Odor. Cannabis establishments shall have equipment to mitigate odor. The facility shall be equipped with a ventilation system with carbon filters sufficient in type and capacity to mitigate cannabis odors emanating from the interior of the premises.
g. 
Noise. Outside generators and other mechanical equipment used for any kind of power supply, cooling, or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution.
h. 
Security. All cannabis establishments shall be secure in accordance with State of New Jersey statutes and regulations; further shall have a round-the-clock video surveillance system, 365 days a year; and shall have trained security personnel onsite at all time during operating hours.
i. 
Hours. No cannabis retailer may open to customers for business before 8:00 a.m. or remain open to customers for business after 10:00 p.m.
[Added 8-17-2021 by Ord. No. 8-17-21]
a. 
A tax is hereby established upon all persons engaged in the business of selling cannabis in the Borough or delivered in the Borough, having been purchased in the Borough, at the rate of 2% of the gross receipts from such sales or delivery made in the course of that business. Retailers and Delivery Services may reimburse themselves for their tax liability hereunder by separately stating the taxes as an additional charge, which charge may be stated in combination, in a single amount, with any tax that retailers are required to collect.
b. 
The imposition of the tax imposed by this section is in accordance with the provisions of State law and is in addition to any and all other taxes and charges.
c. 
The tax imposed by this section, and all civil penalties that may be assessed as an incident thereto, shall be remitted to, collected and enforced by the Borough Tax Collector, who shall have full power to administer and enforce the provisions of this section.
d. 
The failure to timely collect or remit all taxes due pursuant to this section is a violation of this section and may be subject to the penalties hereunder.