[HISTORY: Adopted by the Township Committee of the Township
of West Amwell as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-15-2021 by Ord. No. 09-2021]
A.
The regulations of this article 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, including the Cannabis Regulatory Commission.
If any provision of this article is inconsistent with state statutes
and/or regulations, the state statutes and/or regulations shall prevail.
B.
The purpose of this article is to enable the Township of West Amwell
to take effective action to assure that all cannabis-related businesses
advance the requirements of their licensure as regulated by the State
of New Jersey, by ensuring the citizens of the Township of West Amwell
are provided ample opportunity to participate within this new industry
while advancing community development initiatives, including but not
limited to social-justice-related programming, job training, enhanced
recreational opportunities, public health and drug prevention education,
and/or support thereof.
The terms used in this article shall be as provided for under Chapter 109, Land Development.
[Amended 4-20-2022 by Ord. No. 04-2022]
A Township Cannabis Advisory Committee (CAC) as appointed below
will act as the body for local review for the Township for all cannabis
establishments, but the authority and responsibility to activate,
suspend and revoke such licenses remains with the Township Committee.
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 of cannabis establishments
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 communicated through the Township Clerk's
Office, upon recommendation by the Township Cannabis Advisory Committee,
and authorized by the Township Committee.
A.
Members
of said CAC shall include residents located within the Township. The
CAC shall consist of a minimum of three and a maximum of five appointees,
and shall include, at a minimum, one member from the following categories:
B.
The Committee
shall be supported by the Township Attorney and Township Planning
and Zoning Office. The Committee may request additional resources
as necessary to effectuate the responsibilities of the Committee.
C.
Of the members
of the Committee, no member shall be affiliated with or related to
a New Jersey adult use cannabis business or medical cannabis establishment
or prospective licensee, but all shall be residents of the Township
within the past five years.
D.
Duties of
the Committee will be to advise the Township Committee as to the issuance
of cannabis business permits within the Township of West Amwell. The
CAC's review shall be based on the information contained in the request
for proposals issued by the Township Committee and shall be made consistent
with the criteria outlined in this article, in addition to the issuance
of detailed application criteria made available prior to RFP release.
E.
No member
of the Committee may hold interest in, or be related to, an applicant.
Under no circumstances shall a local permit for a cannabis establishment
issued through the Clerk be effective until or unless the state has
issued the requisite licenses to operate such a facility. It is the
intent of this article that no cannabis establishment may lawfully
operate in the Township of West Amwell without the issuance of a state
license and full regulatory oversight of the cannabis establishment
by the Cannabis Regulatory Commission or other state licensing authority
as well as the issuance of a cannabis business permit by the Township.
Persons wishing to obtain any classification of cannabis license
shall file a license application with the Committee, on a standardized
form established by the Committee and available in the Clerk's office
once the Township has issued a Request for Proposals (RFP). The Committee
shall establish a reasonable application period and deadline for all
applications and shall include sufficient notice of the application
period opening. Such application period shall be held once annually.
An application shall be deemed incomplete and shall not be processed
by the Clerk and transmitted to the 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:
(1)
Proof that the applicant has or will have lawful possession of the
premises proposed for the cannabis establishment, 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.
(2)
An affidavit and documentary proof of compliance with all state and
local laws regarding affirmative action, anti-discrimination and fair
employment practices. The applicant shall also certify under oath
that it 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.
(3)
Information on the location proposed for licensing by the applicant
which shall comply with all applicable municipal zoning laws and the
location restrictions set forth in this Code with a conditional zoning
permit required.
(4)
Proof of governance and financial capability, including but not limited
to governance documents, ownership interests, proof of good standing
with the State of New Jersey, financial statements, business plan,
tax returns, detailed long-term debt description, information on principals,
directors and board members, as well as compensation plans. Standards
for proof of financial capability shall be presented in strict confidence
as determined by the requirements of the CRC.
(5)
A narrative on the procedures for cultivation, storage and/or dispensing
of cannabis, including any recordkeeping or inventory control mechanisms,
fee schedules and proposed hours of operation.
B.
The applicant shall submit a fee for the application for a conditional
permit in the amount of $5,000. Micro-licenses shall submit a fee
of $1,000.
C.
Biannual registration fees (every two years). Upon obtaining a state
license, the applicant shall submit biannual registration fees of
$10,000. Micro-licenses shall submit a fee of $2,000.
D.
Transfer fees. Assuming authorization by the state, an applicant
shall remit a transfer fee of 10% of sale of the license or $10,000,
whichever is greater, in addition to assuming the terms agreed to
in any local host agreement in force at that time of transfer.
E.
The applicant and the application shall otherwise comply with any
and all qualification standards set forth in the state and Township
laws or regulations. Including copy of state license application,
including any supporting documents.
[Amended 4-20-2022 by Ord. No. 04-2022]
A.
The Committee shall evaluate all applicants and issue a recommendation
of award after consideration and evaluation to the Township Committee.
Presentation by an applicant before the Township Cannabis Committee
is required. Any ties shall be broken by the Township Committee. Each
application shall be reviewed within the confines of the license category
being sought. (For example, a retailer should focus on customer service,
marketing, branding and architectural presentation, and public access
issues, while a cultivation, distribution, wholesale operation on
security, job environment, truck access and loading, and security.
Microlicensees should focus on their business plan and tangentially
related experiences and support structures.) Subjectivity in regard
to personal tastes and aesthetic matters should be restrained in favor
of the thoroughness and level of detail by which an applicant responds.
Prior to issuing the request for applications, the Committee shall
establish and publish final criteria and weight categories in accordance
with any applicable laws and regulations, which shall be time stamped.
Generally, the Committee shall utilize the following upon finalizing
criteria for publication:
(1)
Applicant's owners' or principals' qualifications and experience
operating in highly regulated industries, including cannabis, but
also health care, pharmaceutical manufacturing, retail pharmacies,
or other relevant industries, with preference to experience operating
such businesses within the State of New Jersey.
(2)
Applicant's brand and proposal for the physical presence of the business,
including, but not limited to, the site's ability to meet all land
use regulations (parking, landscaping, signage, etc.), handle future
expansions, if applicable, architectural treatments, customer experience
(where applicable), etc.
(3)
A summary of the applicant's operational plans, including, but not
limited to, storage of products, currency and transport, physical
security, video surveillance, security personnel, and visitor management.
(4)
Applicant's orientation to research and development of cannabis,
including, but not limited to, its owners' experience conducting,
supporting, and/or future plans to conduct institutional review board
approved research related to medical cannabis or substance abuse.
Include whether the applicant has had any assurance accepted by the
U. S. Department of Health and Human Services indicating the applicant's
commitment to complying with 45 CFR Part 46 (human subjects); and
whether the applicant has a research collaboration or partnership
agreement in effect with an accredited U.S. school of medicine or
osteopathic medicine with experience conducting cannabis-related research,
or other institutions of higher learning dedicated to cannabis research
or occupational training.
(5)
Applicant's or its owners' demonstrated commitment or sufficient
experience as responsible employers, defined as the applicant entity
being committed to a local program in collaboration with organizations
committed to the well-being of residents, including, but not limited
to, the Township and surrounding service area. Provide evidence in
letters of support and agreements (local workforce hiring and development
plan, community service, collaborations with a university or specialized
training facility such as, but not limited to, Vo-Tech, and dedicated
support to social justice initiatives).
(6)
Summary of the applicant's environmental impact/mitigation, 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.
(7)
Applicant's demonstrated commitment to the community and any ties
to the host community demonstrated by at least one shareholder's proof
of residency in the Township for five or more years in the past 10
years, or at least one shareholder's continuous ownership of a business
based in town for five or more years in the past 10 years.
(8)
Applicant's experience and/or commitment to community health related
programs and associated charitable organizations, including, but not
limited to, particular attention toward prevention of drug and alcohol
abuse, including, but not limited to, youth and vulnerable persons
both locally and regionally.
(9)
Diversity in its ownership composition and hiring practices, including
applicant's commitment to utilize local sources of labor and associated
building materials; applicant's commitment to supporting and working
with local microlicensees, including, but not limited to, contracting
with and/or training/mentorship; the applicant entity or its parent
company holds any certifications as a New Jersey minority-owned, women-owned,
or veteran-owned business.
B.
Annually, up to two applicants for a cannabis retailer may be recommended
to the Township Committee for its consideration in granting a conditional
Township cannabis business permit with all scores, application submittals
and recommendations in a detailed report to be submitted to the Committee
for its consideration. Upon receipt of the Committee's recommendation,
the Committee reserves the right ask for public presentations when
and where appropriate as part of its review process.
A.
Notwithstanding the foregoing competitive application process, a
notification of award and conditional license shall entitle the recipient
applicant to pursue a state license in the requisite classification
for up to 12 months, which may be extended in the Township Committee's
discretion for an additional six months for good cause. No business
may operate until the applicant has received a state license and satisfied
other prerequisites of municipal permit. If the recipient of a notice
of award and conditional permit has not received a state permit or
license within 12 months from issuance, unless extended for good cause,
the Township Committee shall issue a new request for applications
and evaluate all applicants for licensure under the above criteria.
B.
Term of license and license renewals.
(1)
Any local license issued pursuant to this article that receives a
state cannabis license to operate shall be valid for a period of two
years from the date of state issuance and shall be renewed in accordance
with the provisions of this article. Upon licensure, the adult use
cannabis business shall seek to obtain all land development approvals,
construction permits and be open within one year.
(2)
The Township Committee may, at its discretion, adjust the renewal
date of the local license to correlate with an applicant's state licensing
and renewal schedule.
(3)
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 in addition to any history
of property maintenance and zoning code violations.
(4)
Transfer of ownership of any local license or change of location of any license or modification to expand a licensed premises shall be subject to Township Committee review and commercial property/tenant transfers and associated inspections. Such review shall be in accordance with § 62-7, Evaluation of applicants (above).
(5)
Except where the Committee has received a complete renewal application
along with the requisite fees, and has issued a license renewal, it
shall be unlawful for any person to manufacture, sell, distribute,
transfer, transport, or otherwise remove cannabis or cannabis products
from the premises of any license after the expiration date recorded
on the face of the license.
C.
Award. In the event more than one application for a cannabis retailer
or medical cannabis dispensary is submitted to the Township which
is too close in proximity to another application, the Township is
not permitted to approve all of the applications because of the limitations
set forth in this subsection. The Township Committee in consultation
with the Committee's application evaluation shall make a determination
if reasonable accommodations can be made to eliminate the conflict.
D.
The conditional local host agreement with the Township shall be contingent
upon state license approval. Upon receipt of a state license, the
local host agreement shall be fully executed. No applicant shall commence
operation in the Township without execution of an agreement.
A.
Disciplinary actions. Procedures for investigation of permit violations
and for suspension, revocation, or other permit sanctions as a result
of any such violation shall be as follows:
B.
Summary suspension. Notwithstanding the foregoing section, when the
Township has reasonable grounds to believe that a permittee 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 may enter
a temporary summary suspension order for the immediate suspension
of the permit and notice to the Cannabis Regulatory Commission pending
further investigation.
(1)
The temporary summary suspension order shall be in writing and shall
state the reasons therefor.
(2)
The Township shall convene a review panel from the Committee of at
least three members. The hearing shall be scheduled within 30 days
of the date of the temporary suspension order.
(3)
The permittee shall be afforded an opportunity for a hearing as outlined
herein.
(4)
The review panel shall review the matter and recommend whether a
full suspension of the license is warranted as well as whether any
fine, condition, restriction, or combination thereof is authorized.
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 permit for a period not to exceed six months. The Township Committee
may affirm, amend or deny any recommended action.
C.
Inactive permits. Following the commencement of retail sales of cannabis
or cannabis products, the Township Committee may suspend or revoke
any permit if a permitted premises has been inactive or unoccupied
by the permittee for at least six months.
D.
State license. The Township Committee may suspend or revoke any permit
if the corresponding state license for the subject location is expired,
surrendered, suspended, or revoked.
