[Added 3-15-2022 by Ord.
No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
a. Each owner and operator of a cannabis business shall maintain accurate
books and records, detailing all of the revenues and expenses of the
business, and all of its assets and liabilities. On no less than an
annual basis (at or before the time of the renewal of a cannabis business
permit issued pursuant to this Chapter), or at any time upon reasonable
request of the City, each cannabis business shall file a sworn statement
detailing the number of sales by the cannabis business during the
previous twelve-month period (or shorter period based upon the timing
of the request), provided on a per-month basis. The statement shall
also include gross sales for each month, and all applicable taxes
paid or due to be paid.
b. Each owner and operator of a cannabis business shall maintain a current
register of the names and the contact information (including the name,
address, telephone number, and percentage of ownership) of anyone
owning or holding an interest in the cannabis business, and separately
of all the officers, managers, employees, and agents currently employed
or otherwise engaged by the cannabis business. The register required
by this paragraph shall be provided to the City Clerk or his/her designee(s)
upon a reasonable request. If at any time a corporation, LLC, company,
trust or other entity holds an interest in a cannabis business, the
register required by this paragraph shall also include the name and
contact information of a person designated as being able to answer
all questions on behalf of that entity, together with the name of
every person holding an interest in that cannabis business. The designated
representative shall provide whatever additional information the City
Clerk or his/her designee or the Police Department may reasonably
request concerning the owners of that entity.
c. All cannabis businesses shall maintain an inventory control and reporting
system as required by state law.
d. Subject to any restrictions under the Health Insurance Portability
and Accountability Act ("HIPPA") regulations, each cannabis business
shall allow City of Linden officials to have access to the business'
books, records, accounts, together with any other data or documents
relevant to its permitted cannabis activities, for the purpose of
conducting an audit or examination. Books, records, accounts, and
any and all relevant data or documents will be produced no later than
two (2) business days after receipt of the City's request, unless
otherwise stipulated by the City.
[Added 3-15-2022 by Ord.
No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
a. A permitted cannabis business shall implement sufficient security
measures to deter and prevent the unauthorized entrance into areas
containing cannabis or cannabis products, and to deter and prevent
the theft of cannabis or cannabis products at the cannabis business.
Except as may otherwise be determined by the City, these security
measures shall include compliance with all State security regulations
required under the Cannabis Licensee's State cannabis license,
as those regulations may be amended from time to time.
b. Every cannabis business and cannabis dispensary shall provide adequate
security on the premises, including lighting and alarms, to ensure
the safety of persons and to protect the premises from theft. As part
of an application for a cannabis use, each applicant shall prepare
and submit a security plan for review and approval by the Chief of
Police, which approval or denial will be based upon the security standards
stated above and in compliance with any security measures agreed upon
with Chief of Police. Said plans shall remain updated and secured
on file in the protective custody of the Construction Code Department.
The information provided for purposes of this section shall be maintained
by the Construction Code Department as confidential information and
shall not be disclosed as public records unless pursuant to a subpoena
issued by a court of competent jurisdiction.
c. The City Council may impose further security requirements above and
beyond the minimum-security requirements imposed by State regulations,
upon the recommendation of the Business Administrator in consultation
with the Director and/or Chief of Police based on the unique circumstances
associated with a particular cannabis business. Except as may otherwise
be determined by the City Council, these security measures shall include
compliance with all State security regulations required under the
Cannabis Licensee's State cannabis license, as those regulations
may be amended from time to time.
d. A cannabis business shall identify a designated security representative/liaison
to the City of Linden, who shall be reasonably available to meet with
the City Police Chief, the City Fire Chief, or their designees, regarding
any security related measures or and operational issues.
e. The cannabis business shall cooperate with the City whenever the
City Police Chief, the City Fire Chief, or their designees makes a
request, upon reasonable notice to the cannabis business, to inspect
or audit the effectiveness of any security plan or of any other requirement
of this Chapter.
f. A cannabis business shall notify the Chief of Police or his/her designee
within twenty-four (24) hours after discovering any of the following:
1. Significant discrepancies identified during inventory.
2. Diversion, theft, loss, or any criminal activity involving the cannabis
business or any agent or employee of the cannabis business.
3. The loss or unauthorized alteration of records related to cannabis,
registering qualifying patients, primary caregivers, or employees
or agents of the cannabis business.
g. When more than one cannabis businesses or dispensary is located adjacent
to, or in close proximity to another cannabis business or dispensary,
the businesses or dispensaries may present a joint security plan to
the Chief of Police for review and approval to avoid redundant activity
and excess costs, provided the required level of security and effectiveness
are not compromised, as determined by the Chief of Police.
[Added 3-15-2022 by Ord.
No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
No person shall cause or permit the sale, dispensing, or consumption
of alcoholic beverages on the premises of the cannabis business. Alcoholic
beverages may be consumed on the premise incident to a properly permitted
event such as a grand opening or grand-opening or community event.
[Added 3-15-2022 by Ord.
No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
a. No person may commence or continue any cannabis activity in the City,
without timely paying in full all fees, taxes and charges required
for the operation of a cannabis activity. Fees and charges associated
with the operation of a cannabis activity shall be established by
Ordinance of the City Council which may be amended from time to time.
b. All cannabis businesses authorized to operate under this Chapter
shall pay all sales, use, business and other applicable taxes, and
all license, registration, and other fees required under federal,
state and local law. Each cannabis business shall be required to cooperate
with the City with respect to any request to audit the cannabis business'
books and records for the purpose of verifying compliance with this
section, including, but not limited to, a verification of the amount
of taxes required to be paid during any period.
c. There shall be a transfer tax or user tax on the sale of any usable
cannabis or cannabis products by a cannabis establishment located
within the municipality pursuant to N.J.S.A. 40:48I-1 and the CRC
Rules equal to 2% of the receipts from each sale by a cannabis cultivator
or manufacturer.
[Added 3-15-2022 by Ord.
No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
a. Hours of Operation. Cannabis businesses may be open for access to
the public only between the hours of 8:00 A.M. and 9:00 P.M.
b. Restriction on Consumption. Cannabis shall not be smoked, ingested,
used, or otherwise consumed on the premises of a cannabis business
or elsewhere in the City of Linden, other than within private residences.
c. No cannabis or cannabis products or graphics depicting cannabis or
cannabis products shall be visible from the exterior of any property
issued a cannabis business permit, or on any of the vehicles owned
or used as part of the cannabis business. No outdoor storage of cannabis
or cannabis products is permitted at any time.
d. Emergency Contact. Each cannabis business shall provide the City
Clerk or his/her designee(s), the City's Chief of Police, and
the City's Fire Chief with the name, telephone number (including
mobile number) of one or more on-site employee(s) or owner(s), to
whom emergency notice can be provided at any hour of the day.
e. Signage and Notices.
1. In addition to the requirements otherwise set forth in this section,
business identification signage for a cannabis business shall conform
to the requirements of the City of Linden Municipal Code, including,
but not limited to, seeking the issuance of a City sign permit.
2. No signs placed on the premises of a cannabis business shall obstruct
any entrance or exit to the building or any window.
3. Each entrance to a cannabis business shall be visibly posted with
a clear and legible notice indicating that smoking, ingesting, or
otherwise consuming cannabis on the premises or in the areas adjacent
to the cannabis business is prohibited.
4. Business identification signage shall be limited to that needed for
identification only and shall not contain any logos or information
that identifies, advertises, or lists the services or the products
offered. No cannabis business shall advertise by having a person holding
a sign and advertising the business to passersby, whether such person
is on the premises of the cannabis business or elsewhere including,
but not limited to, the public right-of-way.
5. Signage shall not be directly illuminated, internally or externally,
except that the name and address of the business may be illuminated
at night. No banners, flags, billboards or other prohibited signs
may be used at any time.
f. Minors.
1. Persons under the age of twenty-one (21) years shall not be allowed
on the premises of a cannabis business and shall not be allowed to
serve as a driver for a mobile delivery service. It shall be unlawful
and a violation of this Chapter for any person to employ any person
at a cannabis business who is not at least twenty-one (21) years of
age.
2. The entrance to the cannabis business shall be clearly and legibly
posted with a notice that no person under the age of twenty-one (21)
years of age is permitted to enter upon the premises of the cannabis
business.
g. Odor Control. Odor control devices and techniques shall be incorporated
in all cannabis businesses to ensure that odors from cannabis are
not detectable off-site. Cannabis businesses shall provide a sufficient
odor absorbing ventilation and exhaust system so that odor generated
inside the cannabis business that is distinctive to its operation
is not detected outside of the facility, anywhere on adjacent property
or public rights-of-way, on or about the exterior or interior common
area walkways, hallways, breezeways, foyers, lobby areas, or any other
areas available for use by common tenants or the visiting public,
or within any other unit located inside the same building as the cannabis
business. As such, cannabis businesses must install and maintain the
following equipment, or any other equipment which the City Administrator
or his/her designee(s) determine is a more effective method or technology:
1. An exhaust air filtration system with odor control that prevents
internal odors from being emitted externally;
2. An air system that creates negative air pressure between the cannabis
business' interior and exterior, so that the odors generated
inside the cannabis business are not detectable on the outside of
the cannabis business.
h. Display of Permit. The original copy of the cannabis business permit
issued by the City pursuant to this Chapter shall be posted inside
the cannabis business in a location readily visible to the public.
i. Permits and other Approvals. Prior to the establishment of any cannabis
business or the operation of any such business, the person intending
to establish a cannabis business must first obtain all applicable
planning, zoning, building, and other applicable permits from the
relevant governmental agency which may be applicable to the zoning
district in which such cannabis business intends to establish and
to operate.