[HISTORY: Adopted by the Council of the Township
of Montclair 8-10-2021 by Ord. No. O-21-17. Amendments noted where applicable.]
The following words and phrases, when used in this chapter,
shall have the following meanings:
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.
A designated location operated by a cannabis retailer or
permit holder for dispensing or selling cannabis, for which both a
state and local endorsement has been obtained, that is either: 1)
an indoor, structurally enclosed area of the cannabis retailer or
permit holder that is separate from the area in which retail sales
of cannabis items or the dispensing of medical cannabis occurs; or
2) an exterior structure on the same premises as the cannabis retailer
or permit holder, either separate from or connected to the premises,
at which cannabis items or medical cannabis either obtained from the
cannabis retailer or permit holder, or brought by a person to the
consumption area, may be consumed. A cannabis consumption area shall
be designated by conspicuous signage indicating whether the cannabis
consumption area may be used for the on-premises consumption of medical
cannabis, personal use cannabis, or both.
Any licensed person or entity that grows, cultivates, or
produces adult-use 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. This person or entity shall hold a Class 1 Cannabis
Cultivator license.
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 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.
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 consistent with the requirements of Subsection i of Section
27 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-20i); 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. A medical cannabis dispensary permit shall not authorize
the permit holder to cultivate medical cannabis, or to produce, manufacture,
or otherwise create medical cannabis products.
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.
A cannabis cultivator, cannabis manufacturer, cannabis wholesaler,
or cannabis retailer.
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.
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.
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.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
A license issued pursuant to this chapter by the Township
of Montclair.
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
It is the intention of the Township Council that the definitions in § 110-1 are and remain consistent with the laws of the State of New Jersey. In the event that the meaning of any of the above words and phrases is not consistent with state law now or in the future, the state law definition shall govern.
A.
No person or entity shall operate as a cannabis establishment, cannabis
distributor, or cannabis delivery service in the Township of Montclair
unless a license is issued by the State of New Jersey in accordance
with the Act and by the Township of Montclair pursuant to this chapter.
The sale of cannabis shall be conducted in compliance with all laws,
ordinances, regulations or policies applicable to similar activities.
B.
No person or entity shall operate as an alternative treatment center
unless a license is issued by the State of New Jersey pursuant to
the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009,
c. 307 (N.J.S.A. 24:6I-1 et seq.). Nothing in this chapter shall be
construed to supersede federal and state laws governing the sale and
distribution of cannabis.
C.
Properly state-licensed cannabis delivery services may deliver in
the Township of Montclair as authorized by state law subject to this
chapter.
A.
Local licensing authority. The Township Council is hereby designated
to act as the local licensing authority of the Township for all cannabis
establishments, cannabis distributors and cannabis delivery services.
Under all circumstances in which state law requires communication
to the Township by the Cannabis Regulatory Commission or any other
state agency with regard to the licensing or operation of cannabis
establishments, cannabis distributors and cannabis delivery services
by the state, or in which state law requires any review or approval
by the Township of any action taken by the state licensing authority,
the exclusive authority for receiving such communications and granting
such approvals shall be exercised by the Township Council.
B.
Under no circumstances shall a municipal license for a cannabis establishment,
cannabis distributor or cannabis delivery service issued by the Township
Council be effective unless and until the state has issued the requisite
permits or licenses to operate such a facility.
The Township, subject to the provisions of this chapter, land
use approval and state licensure, may issue the following municipal
licenses: Category A: Cannabis Retailer; Category B: Cannabis Delivery
Service; Category C: Cannabis Wholesaler; Category D: Cannabis Distributor;
Category E: Cannabis Manufacturer; Category F: Cannabis Cultivator.
The Township may issue a maximum of:
If the applicant for a municipal license does not hold a valid
state-issued license, then a license issued by the Township is conditional
and contingent upon the subsequent receipt of a state permit or license
of the same class or type of regulated cannabis activity.
Persons wishing to obtain a municipal cannabis license shall
file a license application with the Township Council, on a standardized
form established by the Township Council and available in the office
of the Township Clerk. The Township Clerk shall establish a reasonable
application period and deadline for all applications. An application
shall be deemed incomplete, and shall not be processed, 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 retailer,
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,
gender identity, 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.
D.
The applicant shall submit, to the satisfaction of the Township Council,
proof of financial capability to open and operate the cannabis retailer
for which the applicant is seeking a license. Standards for proof
of financial capability shall be determined by the Township Council.
E.
The applicant shall submit all required fees for the application
and conditional license in accordance with the fee schedule set forth
in this chapter. All fees shall be nonrefundable except as expressly
provided herein.
F.
In addition to complying with any state requirement related to good
character and criminal background, any person proposed to have an
ownership interest in the license shall not have had any cannabis
license or permit revoked for a violation affecting public safety
in the State of New Jersey or a subdivision thereof within the preceding
five years.
G.
The applicant and the application shall otherwise comply with any
and all qualification standards set forth in the state and Township
laws or regulations.
Class 1/Category F cannabis cultivators and Class 2/Category E cannabis manufacturers shall be permitted as provided in Montclair Code Chapter 347, Zoning, subject to the following:
A.
Buildings: All facilities shall be enclosed in heated/air-conditioned
buildings. Notwithstanding the foregoing, Class 1 Cannabis Cultivator
licensees may be enclosed in a secure greenhouse.
B.
No public access: In no event shall a cannabis cultivator or a cannabis
manufacturer be open to the public.
C.
Odor control: The facility shall provide an air treatment system
with sufficient odor-absorbing ventilation and exhaust systems such
that any odor generated inside the facility is not detectable by a
person of reasonable sensitivity at the property line of the subject
property. Odor from the facility shall be monitored on an annual basis
at the discretion of the Township by a licensed, qualified contractor
chosen by the Township at a cost that should be paid for by the property
owner.
D.
Records: Records of all cannabis purchased and sold must be made
available upon 14 days' advance notice when called for by the Township,
or any other authorized person or entity.
E.
Security plan: Class 1 cannabis cultivators and Class 2 cannabis
manufacturers shall submit a security plan for review to the Township
detailing all security measures taken to ensure community safety and
to eliminate unauthorized access to the premises.
Class 3/Category C cannabis wholesalers, Class 4/Category D cannabis distributors, and Class 6/Category B cannabis delivery services shall be permitted as provided in Montclair Code Chapter 347, Zoning, subject to the following:
A.
Buildings: All facilities shall be enclosed in heated/air-conditioned
buildings, not in greenhouses, hoop houses or outdoors.
B.
Hours: No deliveries of cannabis to the public by a Class 6 cannabis
delivery service shall occur between the hours of 11:00 p.m. and 8:00
a.m., Monday through Sunday.
C.
Identification plan: A Class 6 cannabis delivery service shall submit
an identification plan for review to the Township detailing all measures
taken to ensure compliance that patrons are at least 21 years of age.
D.
No public access: In no event shall a Class 3 cannabis wholesaler,
Class 4 cannabis distributor, or Class 6 cannabis delivery service
be open to the public.
E.
Odor control: The facility shall provide an air treatment system
with sufficient odor-absorbing ventilation and exhaust systems such
that any odor generated inside the facility is not detectable by a
person of reasonable sensitivity at the property line of the subject
property. Odor from the facility shall be monitored on an annual basis
at the discretion of the Township by a licensed, qualified contractor
chosen by the Township at a cost that should be paid for by the property
owner.
F.
Records: Records of all cannabis purchased and sold must be made
available upon 14 days' advance notice when called for by the Township,
or any other authorized person or entity.
G.
Security plan: Class 3 cannabis wholesalers, Class 4 cannabis distributors,
and Class 6 cannabis delivery services shall submit a security plan
for review to the Township detailing all security measures taken to
ensure community safety and to eliminate unauthorized access to the
premises.
Class 5/Category A cannabis retailers shall be permitted as provided in Montclair Code Chapter 347, Zoning, subject to the following:
A.
Hours: No cannabis retailer shall be open to the public between the
hours of 11:00 p.m. and 8:00 a.m., Monday through Sunday.
B.
Identification Plan: Class 5 cannabis retailers shall submit an identification
plan for review to the Township detailing all measures taken to ensure
compliance that patrons are at least 21 years of age.
C.
Odor control: The Class 5 Cannabis Retail facility shall provide
an air treatment system with sufficient odor-absorbing ventilation
and exhaust systems such that any odor generated inside the facility
is not detectable by a person of reasonable sensitivity at the property
line of the subject property. Odor from the facility shall be monitored
on an annual basis at the discretion of the Township by a licensed,
qualified contractor chosen by the Township at a cost that should
be paid for by the property owner.
D.
Records: Records of all cannabis purchased and sold must be made
available upon 14 days' advance notice when called for by the Township,
or any other authorized person or entity.
E.
Security Plan: Class 5 cannabis retailers shall submit a security
plan for review to the Township detailing all security measures taken
to ensure community safety and to eliminate unauthorized access to
the premises.
Alternative treatment centers shall be permitted as provided in Montclair Code Chapter 347, Zoning, subject to meeting all requirements of the laws and regulations of the State of New Jersey. In the event that an alternative treatment center holds a cannabis retailer license, that alternative treatment center shall also be required to comply with all state and municipal regulations applicable to cannabis retailers.
[Amended 5-17-2022 by Ord. No. O-22-11]
In the event there are multiple applicants for a limited number
of licenses, the Township Council shall evaluate all applicants and
issue a notification of award at its sole discretion after consideration
and evaluation of the following criteria:
A.
Applicant's owners' or principals' qualifications
and experience operating in highly regulated industries, including
cannabis, health care, pharmaceutical manufacturing, and retail pharmacies,
with preference to experience operating such businesses within the
State of New Jersey and where the value of owners' experience
shall outweigh the experience of non-owner principals;
B.
Applicant's qualifications and experience related to public
safety and security, including any of the applicant's owners'
or principals' experience in law enforcement and drug enforcement,
and a summary of the applicant's plans for storage of products
and currency, physical security, video surveillance, security personnel,
and visitor management;
C.
Applicant's or its owners' demonstrated commitment or sufficient
experience as responsible employers, defined as the applicant entity
being a party to a labor peace agreement or the applicant entity or
its parent company being a party to a collective bargaining agreement
in the regulated cannabis industry for at least one year prior to
application for a cannabis retailer license, in an effort to create
well-paying jobs with employee benefits in the municipality;
D.
Applicant's written commitment to employment of Montclair residents
in at least 50% of full-time equivalent positions;
E.
Summary of the applicant's environmental impact and sustainability
plan; whether the applicant entity or its parent company has any recognitions
from or registrations with federal or New Jersey State environmental
regulators for innovation in sustainability; and whether the applicant
entity or its parent company holds any certification under international
standards demonstrating the applicant has an effective environmental
management system or has a designated sustainability officer to conduct
internal audits to assess the effective implementation of an environmental
management system;
F.
Applicant's ties to the host community, demonstrated by at least
one shareholder's proof of residency in Montclair for five or
more years in the past 10 years or at least one shareholder's
continuous ownership of a business based in Montclair for five or
more years in the past 10 years;
G.
Applicant's commitment to provide community benefits; and
H.
Applicant's demonstrated commitment to diversity in its ownership
composition and hiring practices and whether the applicant entity
or its parent company holds any certifications as a New Jersey minority-owned,
women-owned, or veteran-owned business.
Notwithstanding the foregoing competitive application process,
a notification of award and conditional municipal license shall entitle
the recipient applicant to pursue a state permit or license in the
appropriate classification for up to 12 months, which may be extended
in the Township Council's discretion for an additional six months
for good cause. No license to operate shall be issued until the applicant
has received a state permit and satisfied other prerequisites of municipal
licensure. If the recipient of a notice of award and conditional license
has not received a state permit or license within 12 months from issuance,
unless extended for good cause, the Township Council shall issue a
new request for applications and evaluate all applicants for licensure
under the above criteria.
A.
Any local license issued pursuant to this chapter shall be valid
for a period of three years from the date of issuance, subject to
payment of the annual registration fee, and shall be renewed at the
sole discretion of the Township Council in accordance with the provisions
of this chapter.
[Amended 5-17-2022 by Ord. No. O-22-11]
B.
The Township Council may, at its discretion, adjust the renewal date
of the local license to correlate with an applicant's state licensing
and renewal schedule.
C.
Renewal of any license shall be governed by any Code amendments,
additional restrictions or changes in regulations adopted since the
previous license was issued or renewed.
[Amended 5-17-2022 by Ord. No. O-22-11]
The applicant and license holder shall pay initial and renewal
application fees and annual registration fees according to the following
schedule:
|
License
|
Application fee
(initial)
|
Application fee
(renewal)
|
Annual registration fee
|
|---|---|---|---|
|
Retailer
|
$15,000
|
$2,500
|
$15,000
|
|
Manufacturer
|
$15,000
|
$5,000
|
$15,000
|
|
Grower
|
$15,000
|
$5,000
|
$15,000
|
|
Wholesaler
|
$15,000
|
$5,000
|
$15,000
|
|
Distributor
|
$15,000
|
$5,000
|
$15,000
|
|
Delivery Service
|
$15,000
|
$2,500
|
$15,000
|
This chapter shall not be construed to prevent the conversion
of an alternative treatment center to a cannabis establishment, distributor,
or delivery service; provided, however, any such alternative treatment
center first obtains written approval from the Township and the State
of New Jersey and the appropriate state and municipal license.
No cannabis shall be smoked, eaten or otherwise consumed or
ingested on the premises of a cannabis establishment, cannabis distributor,
or cannabis delivery service, other than in an authorized cannabis
consumption area.
Cannabis consumption areas are prohibited in the Township.
All licenses must be posted under glass or equivalent protective
surface and shall be posted on the premises in a clear and conspicuous
manner so that the same may be easily observed.
A.
No license shall be transferred, in whole or in part, without the
prior written approval of the Township. No successor in interest of
a licensee shall acquire any rights or powers without the prior written
consent of the Township. For purposes of this chapter, any change
in control of the licensee resulting from a merger, consolidation,
stock transfer, or asset sale shall be deemed an assignment or transfer
that requires the prior written consent of the Township.
B.
Fee. A fee of $10,000 per license, in addition to any other fees
permitted by this chapter, shall be paid to the Township as a condition
of approval of a license transfer. No transfer shall be effective
until the fee is received.
Within 14 days of receiving a license renewal from the State
of New Jersey, a cannabis establishment, cannabis distributor, or
cannabis delivery service shall submit a copy to the Township.
A.
Disciplinary actions. Procedures for investigation of license violations
and for suspension, revocation, or other licensing sanctions as a
result of any such violation shall be as follows:
B.
Summary suspension. Notwithstanding the foregoing subsection, when
the Township Council has reasonable grounds to believe that a licensee
has engaged in 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
Council may enter a summary suspension order for the immediate suspension
of such license pending further investigation.
C.
The summary suspension order shall be in writing and shall state
the reasons therefor. The licensee shall be afforded an opportunity
for a hearing as outlined herein.
(1)
The Township Council shall convene a review panel consisting of the
Manager, a second administrative officer designated by the Mayor,
and the Chief of Police. The hearing shall be scheduled within 30
days of the date of the order.
(2)
The review panel is authorized to impose any fines, conditions, restrictions,
suspensions, or combination thereof authorized by the State of New
Jersey. In the absence of state-specified penalties, the Township
may issue fines up to, but not to exceed, $2,500 per offense and/or
suspension of license for a period not to exceed six months.
Following the commencement of retail sales of cannabis or cannabis
products, the Township Council may suspend or revoke any license if
the licensed premises have been inactive or unoccupied by the licensee
for at least six months.
The Township Council may suspend or revoke any license if the
corresponding state license or permit for the subject location is
expired, surrendered, suspended, or revoked.
The Township shall have the authority to adopt any rules and
regulation it deems necessary to implement this chapter.
All ordinances or parts of ordinances inconsistent herewith
are repealed as to such inconsistencies. If any section, subsection,
sentence, clause, phrase or portion of this chapter is for any reason
held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the remaining
portions thereof.
This chapter shall take effect as provided by law.
