A.
Any person desiring a license under this chapter shall file with
the Township Clerk an original and five copies of an application under
oath, in writing, on a form furnished by the Township Clerk.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, partnership, corporation
or another entity and, if another entity, a full explanation and description
thereof.
(3)
If the applicant is an individual, the applicant's residence
address and date and place of birth.
(4)
If the applicant is a partnership, the full names, residence addresses,
dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity: in the case of
a corporation, the full names, residence addresses, dates and places
of birth of each major officer and each stockholder, the name and
address of the registered agent and the address of the principal office
upon whom and where service of process is authorized to be made (the
term "stockholder" as used herein means and includes any person having
an interest, either legal or equitable, in 10% or more of the stock
issued and outstanding of the applicant corporation); in the case
of another entity, the full names, residence addresses, dates and
places of birth of each person owning or having any interest, legal
or equitable, aggregating in value 10% or more of the total capital
of the said entity, the name and address of the registered agent,
if any, and the address of the principal office, if any, upon whom
and where service of process is authorized to be made.
(6)
Whether the applicant or any partners, officers or stockholders thereof
have ever been convicted of a crime and, if so, the name of the person
convicted, the nature of the crime or charge involved and the disposition
thereof (the term "officers" as used herein means and includes the
president, vice president, secretary and treasurer of a corporate
applicant).
(7)
The business addresses of the manager or the person in charge of
the licensed premises during the five-year period preceding the date
of application.
(8)
A description of the metes and bounds of the place where the business
is to be located and carried on.
(9)
A survey or scale drawing of the plot showing the structures and
open spaces/areas to be used in the business, approved existing or
proposed entrances and exits to and from the place where the business
is to be conducted, the location and place of said business and the
location and size of all structures and fences thereon and the setback
thereof from street lines.
(10)
A scale drawing of the interior of the premises showing all entrances
and exits to and from the place where the business is to be conducted;
the location and placement of all antifire equipment, i.e., hoses,
extinguishers, sprinkler systems, etc.; and the location of all fire
exits.
(11)
A scale drawing showing the proposed plan of evacuation in the event
of an emergency.
(12)
A valid certificate of occupancy for the premises.
(13)
A copy of all documents submitted by the applicant to the state in
connection with the application for a state operating number and all
documents issued by the state indicating that the applicant has been
qualified or prequalified for a state operating license.
C.
The Township's reservation of rights: The Township reserves
the right to reject any or all applications. The Township may also
modify, postpone, or cancel any request for applications, or the entire
program under this chapter, at any time without liability, obligation,
or commitment to any party, firm, or organization. Persons submitting
applications assume the risk that all or any part of the program,
or any particular category of permit potentially authorized under
this chapter, may be canceled at any time prior to permit issuance.
The Township further reserves the right to request and obtain additional
information from any candidate submitting an application. In addition
to any other appropriate reasons for rejection, including, but not
limited to, a failure to comply with any requirement of any state
or local law, rule or regulation, an application risks being rejected
for any of the following reasons:
A.
Submission by Clerk to departments.
(1)
Upon receipt of such application, the Township Clerk shall submit
same to the Chief of Police or his designee, Fire Inspector, Department
of Code Enforcement, and Zoning Officer or his designee for reports
with reference to the compliance or noncompliance of the proposed
establishment with municipal and state rules, regulations, statutes
and ordinances and the truth of the matter contained in the application.
(2)
The Clerk shall submit each completed application for license or
renewal thereof to the various departments within 10 days of receipt
of the completed application, and the department shall have 30 days
from its receipt to investigate and prepare the reports concerning
the license application or renewal, except in the event the Department
of Code Enforcement identifies a violation of the premises sought
to be used by the license applicant. Notice of the violation shall
immediately be given to the applicant, who shall have the time afforded
by the appropriate municipal ordinance or regulation to correct the
violation. The Department of Code Enforcement shall not issue its
report to the Township Clerk until such time as the period to correct
has expired.
B.
Upon return of said application and reports, the Township Clerk shall
submit same to the Township Committee for action at its next scheduled
Township Committee meeting. If there are objections to the issuance
of the license, the Clerk must submit the application and reports
to the Committee within 10 days, and the Committee must give notice
to the applicant within five days of its receipt of the reports concerning
this application; and within 30 days of the submission, a hearing
shall be held by the Township Committee concerning the application
to decide to grant or deny the license unless the parties agree to
additional time for that decision.
C.
Upon the consent and approval of the Township Committee and upon
receipt of a copy of a certificate of occupancy for the licensed premises,
the Township Clerk shall issue such license.
No license shall be granted by the Committee if:
A.
The licensee has failed to comply with the provisions of this chapter;
C.
The licensee is in violation of any law, code or regulation involving
the business to be licensed;
D.
The individual applicant or the principals and manager of a firm
applicant, or any of them, have been convicted of an offense against
the narcotic laws of the State of New Jersey or a crime involving
moral turpitude which touches on the business to be licensed.
A.
All existing licenses and those that hereafter issue, upon payment
of the prescribed license fee and compliance with the terms of this
chapter, shall be renewed annually as of September 1. Applications
for renewal of an expiring license shall be made with the payment
of the annual fee and the filing of an application provided by the
Township Clerk. The application shall include a statement that no
changes have been made in any of the facts or information stated in
the original application or to the licensed premises during the preceding
licensed period. If there are any material changes, those shall be
noted on the application form.
B.
All applications for renewal of a cannabis license shall be submitted
to the Township Clerk no later than June 1 prior to the September
1 renewal date. If the application for renewal shall not be received
by June 1, then there shall be a delay in the processing of the license
application. Inasmuch as 90 days is required for the Township of West
Deptford to properly process all applications, then any licensee submitting
a renewal after June 1 shall be delayed at least 90 days from submission
for processing. The delay in submitting the application for renewal
shall cause the license, which expires on October 1, to be suspended
on October 1 until the application can be processed by the Township.
The suspension shall be for the same time frame as the late filing.
If the Township delays beyond the time frames set forth in this section
to review and consider the license application, then the license shall
be reinstated temporarily until the Committee can consider the license
renewal application.
The license shall authorize the licensee to conduct business
only on the premises specified in the license. Without the consent
of the Township Committee, the license shall not be transferable to
any other premises nor assignable or transferable in any manner or
to any other person.
All licenses are subject to suspension or revocation after due
notice and hearing by the Township Committee for the violation of
any of the terms of this chapter, for the violation by the licensee
of state and municipal rules, regulations, statutes and/or ordinances
or for allowing, suffering and/or permitting the violation of state
and municipal rules, regulations, statutes and/or ordinances upon
the licensed premises by the servants, agents, employees and/or patrons
thereof where the licensee knew or should have known that such violations
were being committed by the servants, agents, employees and/or patrons
of the licensee.
Suspension of a license issued by the State of New Jersey, or
by any of its departments or divisions, shall immediately suspend
the ability of a cannabis business to operate within the Township,
until the State of New Jersey, or its respective department or division,
reinstates or reissues the state license. Should the State of New
Jersey, or any of its departments or divisions, revoke or terminate
the license of a cannabis business, such revocation or termination
shall also revoke or terminate the ability of a cannabis business
to operate within the Township of West Deptford.
