Borough of Metuchen, NJ Licensing

All licenses required by this chapter shall be issued by the Borough Council, which shall also administer the provisions of this chapter, except as provided herein.

No license issued pursuant to this chapter shall be effective until or unless the State has issued the requisite permits or licenses to operate such a facility.

Each local license issued pursuant to this Chapter shall be valid for a term of one year from the date of issuance subject to the payment of the annual registration fee and shall be renewed upon the submission of an application for renewal provided all conditions and requirements of applicable State law and this chapter are met.

The Borough Council may, in its discretion, adjust the renewal date of the local license to correlate with an applicant's state licensing and renewal schedule.

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.

The Borough of Metuchen and Borough Council reserve the right to add any terms or conditions upon the issuance and/or renewal of any cannabis license issued if determined to be in the best interest of the Borough promoting the health, safety and welfare of the Borough residents.

After the passage of this chapter, the Borough will issue a request for proposals (RFP) and publicly advertise for applicants seeking licensing to submit an application for the review and pre-approval to obtain the appropriate land use approval and the subsequent Borough Council conditional license approval. After the above RFP process is complete should a license become inactive or available, the Borough within its sole discretion, may elect to issue a subsequent RFP, if applicable, elect to select an additional applicant from the initial RFP process, or publicly advertise the availability of the license and any applicant may apply for pre-approval from the Borough as provided for herein.

Application/proposal. Persons wishing to obtain any classification of cannabis license shall submit a proposal in response to the RFP and/or file a license application with the Borough Clerk, on a standardized form established by the Borough. The Borough shall establish a reasonable application period and deadline for all applications and/or proposals. An application shall be deemed incomplete and/or non-responsive, and shall not be processed by the Borough, unless all documents and application fees are submitted.

To be deemed complete and/or responsive, all applications and proposals shall be accompanied by the following:

(1)

Nonrefundable application fee.

(2)

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 Applicant contingent upon successful licensing.

(3)

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 they 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.

(4)

Affidavit or other documentary proof that 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.

(5)

Any other documents, forms and/or documentation required by the Borough that are set forth in the Borough's Request for Proposals.

In accordance with State law, the applicant shall receive a letter of support from the Borough of Metuchen upon completion of the RFP process and after the Borough Council approves the license application for a conditional municipal license. All applications upon being deemed complete and/or proposals timely received pursuant to the RFP shall be submitted to a Cannabis Subcommittee for review. The Cannabis Subcommittee shall be made up of the following: (i) Two members of Council (appointed by the Mayor), (ii) the Metuchen Chief of Police, (iii) the Borough Administrator or their designee; and (iv) the Mayor or their designee. This Committee shall review completed submissions and/or proposals for any cannabis license and issue an endorsement for the applicant/s or respondent/s to proceed to obtain the appropriate land use approval and eventually the Borough's Council approval for a conditional municipal license. In evaluating the application(s)/proposals, the Committee shall establish a minimum percentage score required using the criteria and percentage attributed to said criteria as set forth in the Borough's Request for Proposals to be awarded an endorsement to proceed to obtain the appropriate land use approval and the eventual conditional municipal license. In the event, there are multiple applicants/proposers for a license, the Committee shall evaluate all applicants/respondents, and issue an endorsement/s to the highest scoring applicants/respondents, based upon the criteria and scoring methodology contained the Borough's Request for Proposals, limited in number to those licenses permitted by this chapter. Thereafter, the applicants/respondents with the Commitee's endorsement shall be permitted and required to proceed to obtain the necessary land use approval from the appropriate Land Use Board. After receipt of the appropriate land use approval, the applicant's or respondent's shall be submitted to the Council for the Borough's approval of a conditional municipal license.

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 Administrator's discretion for an additional six months for good cause. No final license to operate shall issue 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 licensee has not received a State permit or license within 12 months from issuance, unless extended for good cause, said notification of award and conditional municipal license may be revoked by the Borough Council. In such an event, the Borough within its sole discretion may authorize the Committee thereafter to issue an endorsement to the next highest scoring Applicant/Respondent or may issue a new request for proposals and receive applications and evaluate all applicants for licensure under the criteria set forth in the request for proposals.

The number and type of cannabis licenses and the application and annual registration fees therefor shall be as follows:

Class of License	Application Fee (nonrefundable)	Application Fee (Renewal)	Annual Registration Fee	Number of Licenses within the Borough of Metuchen
Class 3 Cannabis Wholesaler	$2,500	N/A	$15,000	2
Class 5 Cannabis Retailer	$2,500	N/A	$15,000	3

The initial license registration fee shall be paid within 10 days of applicant's notification that it has received a State permit. Thereafter, the annual registration fee shall be paid to the Borough 10 days prior to each anniversary of the issuance of the license or the notification by the Borough of its intent to renew the license.

Licenses issued pursuant to this chapter shall be personal to the licensee and shall not be transferable.

A separate license shall be required for each class of cannabis business, and a separate application fee and registration fee shall be charged for each type of license.

Licensees shall file an application to renew its cannabis license no later than 60 days from the date of its expiration on a standardized form to be established by the Borough. There shall be no application renewal fee upon timely filed applications for renewal.