As used in this chapter, the following terms shall have the
meanings indicated:
ALTERNATIVE TREATMENT CENTER or ATC
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.
CANNABIS
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16, for use in cannabis products as set forth in this Act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters
35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.); or marijuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or
produces 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.
CANNABIS DELIVERY SERVICE
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 the 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.
CANNABIS DISTRIBUTOR
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.
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
CANNABIS ITEM
Any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin. "Cannabis item" does not include: any
form of medical cannabis dispensed to registered qualifying patients
pursuant to the Jake Honig Compassionate Use Medical Cannabis Act,
P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158
(N.J.S.A. 18A:40-12.22 et seq.); or hemp or hemp product cultivated,
handled processed, transported, or sold pursuant to the New Jersey
Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
CANNABIS LEAF
The leaf of the plant Cannabis sativa L. within the plant
family Cannabaceae.
CANNABIS MANUFACTURER
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.
CANNABIS MANUFACTURING
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
with respect to cannabis does not include packaging or labeling.
CANNABIS OVERLAY ZONE
The overlay zone whereby the approved classes of cannabis
establishments are permitted to operate.
CANNABIS PARAPHERNALIA
Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body. "Cannabis paraphernalia" does not include drug paraphernalia as defined in N.J.S.A. 2C:36-1 and which is used or intended for use to commit a violation of Chapter
35 or 36 of Title 2C of the New Jersey Statutes.
CANNABIS PRODUCT
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including products intended to be applied to the
skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis product" does not include 1) usable cannabis by itself;
2) cannabis extract by itself; or 3) any other cannabis resin by itself.
CANNABIS RETAILER
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.
CANNABIS WHOLESALER
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.
CANNABIS, USABLE
The dried leaves and flowers of the female plant Cannabis
sativa L., and does not include seedlings, seeds, stems, stalks, or
roots of the plan.
MICROBUSINESS
A person or entity licensed under P.L. 2021, c. 16 (N.J.S.A.
24:6I-31 et seq.) as a cannabis cultivator, cannabis manufacturer,
cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis
delivery service that may only, with respect to its business operations,
and capacity and quantity of product: 1) employ no more than 10 employees;
2) operate a cannabis establishment occupying an area of no more than
2,500 square feet, and in the case of a cannabis cultivator, grow
cannabis on an area no more than 2,500 square feet measured on a horizontal
plane and grow above that plane not higher than 24 feet; 3) possess
no more than 1,000 cannabis plants each month, except that a cannabis
distributor's possession of cannabis plants for transportation shall
not be subject to this limit; 4) acquire each month, in the case of
a cannabis manufacturer, no more than 1,000 pounds of usable cannabis;
5) acquire for resale each month, in the case of a cannabis wholesaler,
no more than 1,000 pounds of usable cannabis, or the equivalent amount
in any form of manufactured cannabis product or cannabis resin, or
any combination thereof; and 6) acquire for retail sale each month,
in the case of a cannabis retailer, no more than 1,000 pounds of usable
cannabis, or the equivalent amount in any form of manufactured cannabis
product or cannabis resin, or any combination thereof.
[Amended 4-11-2023 by Ord. No. 2983; 6-13-2023 by Ord. No. 2995; 10-24-2023 by Ord. No. 3013]
The City of Garfield expressly permits 18 total cannabis licenses
to operate within the City limits as follows:
A. Four Class one cultivation licenses;
B. Four Class two manufacturing licenses;
C. Four Class three wholesaler licenses;
D. Four Class four distributor licenses;
E. Two Class five adult-use retail license.
F. One alternative treatment center license.
It shall be unlawful for any person or any corporate entity
to operate a cannabis establishment without first having procured
an annual license from the City Clerk's office.
A. License fees; renewal; late fees.
(1) A cannabis establishment permitted to operate in the City shall pay
to the City an annual license fee of $20,000.
(2) The licenses issued shall be effective for the calendar year, expiring
on the 31st day of December of the year of issue, and may be renewable
upon application for succeeding calendar years thereafter. The fee
for license renewals shall be due and payable on or before the first
day of February in the year of renewal or be subject to late fees.
(3) Late fees. A late fee of $100 shall be charged for renewal licenses
which are not paid on or before February 1 of the license year. An
additional $75 shall be charged for each thirty-day period that the
license fee is not paid after February 1 of the license year.
B. Application for license.
(1) Any person or persons, corporation or corporations desiring to conduct,
maintain or operate any of the aforementioned businesses within the
City of Garfield shall complete the designated application form.
(2) Applications shall be submitted to the City Clerk and will be deemed
complete upon submittal of all documentation and information described
herein to the satisfaction of the governing body.
(3) Subject to the provisions set forth below, licensing for a cannabis
establishment will be on a reserve basis based on the order the application
form is received until the number of permitted licenses is reached.
A licensee's failure to submit a fully completed cannabis establishment
application after a period of 90 days from the original date of submittal
shall constitute a basis for the governing body to deem the application
expired and subject the licensee to a loss of the reserve space.
(4) No further applications will be accepted when the City has obtained
the number of application forms totaling the number of available licenses
permitted by ordinance.
(5) The following documentation and information shall be provided in
order for the application to be deemed complete and the license issued:
(a)
A copy of the current state-approved license;
(b)
The proposed days and hours of operation;
(d)
Environmental impact and sustainability plan;
(e)
Water and energy consumption plan detailing anticipated water
and energy consumption;
(h)
A plan describing the mitigation measures and ventilation system
that will be used to prevent any odor of cannabis off the premises;
(i)
The name(s) and location(s) of the off-site cultivation facilities
associated with a dispensary; and
(j)
Such other information or documentation as determined to be
necessary to assess compliance with the requirements set forth or
referenced herein.
C. Notification of award. Upon completion of the requirements set forth in Subsection
B above, a notification of award shall be issued pursuant to resolution by the governing body. The City Clerk's office shall then issue the annual license.
D. Inspection.
(1) Every cannabis establishment licensed to operate in the City shall
be subject inspection by City officials or agents, during reasonable
hours, without prior notice. Failure or refusal on the part of the
licensed cannabis establishment or his agents or servants to permit
such inspection may be subject to suspension or revocation of the
license.
(2) Should an inspection result in a documented violation in the form
of a complaint, the cannabis establishment must rectify the violation
according to the complaint or be subject to a suspension or revocation
of the license.
E. Revocation, suspension or cancellation of licenses; hearing.
(1) Any license issued under the terms and provisions of this chapter
may be suspended or revoked by the governing body for the willful
violation by the licensee of any provision of the City Code.
(2) Summary suspension. If the City Council has reasonable grounds to
believe that a licensee has engaged in deliberate and willful violation
of any provision of this chapter of the City Code or upon proof that
the public health, safety, and/or general welfare has been jeopardized
and requires emergency action, the City Council may enter a summary
suspension order for the immediate suspension of such license pending
a public hearing.
(3) A public hearing shall be scheduled within 30 days of the summary
suspension order. Said order shall contain the time and place of the
public meeting.
(4) Written notice of the time and place of such hearing shall be served
upon the cannabis establishment at least 10 days prior to the date
set for such hearing. Notice may be given either by personal delivery
thereof to the person to be notified or by certified mail, return
receipt, to the business address appearing upon said license.
(5) Upon due consideration and deliberation based on the record evidence
presented, the governing body may issue a fine not to exceed $2,500
per violation and issue a temporary suspension of the license not
to exceed three months, or may revoke the license in its entirety.
(6) If any such license shall have been revoked, neither the holder thereof
nor any person acting for him/her, directly or indirectly, shall be
entitled to another license to carry on the same business within the
City, unless the application for such license shall be approved by
the governing body.
[Amended 12-13-2022 by Ord. No. 2969; 4-11-2023 by Ord. No. 2983]
A. A cannabis establishment seeking to operate under a Class 1, Class
2, Class 3, or Class 4 license may operate within the LM District
as a conditional use.
B. A cannabis establishment seeking to operate under a Class 5 retail
license or as an alternative treatment center may operate within the
B-2 District as a conditional use.
[Amended 6-13-2023 by Ord. No. 2995; 10-24-2023 by Ord. No. 3013]
C. Except as stated in §
100-5C, all bulk standards established for the underlying zoning as identified in Chapter
341, Attachment 2, shall apply.
D. For Class 5 cannabis retail dispensaries, bulk standards associated with "other permitted uses" in B-2 Districts as identified in Chapter
341, Attachment 2, shall apply.
E. All cannabis establishments operating in the City of Garfield shall
be permitted as a conditional use, subject to the following conditions:
(1) Present proof of the appropriate state annual license;
(2) All cannabis establishments shall undergo site plan review by the
City's Land Use Board, unless a prior approval has been previously
issued by the City's Land Use Board approving the same cannabis
establishment license to operate at the proposed location;
(3) A cannabis establishment shall be subject to licensing requirements outlined in City Code §
100-4;
(4) For Class 5 cannabis retail dispensaries, parking and loading requirements
associated with retail store uses shall apply;
(5) For all other classes of cannabis licenses, the parking requirements
shall be one parking space for each employee;
(6) Cannabis establishments shall be permitted to conduct their business
during the hours of 10:00 a.m. to 10:00 p.m., Monday through Saturday;
[Amended 11-21-2023 by Ord. No. 3016]
(7) Drive-through access shall be prohibited;
(8) No Class 5 cannabis retail establishment shall be located within
750 feet from a parcel housing a pre-existing public, nonpublic, or
charter school identified in the New Jersey Department of Education's
School Directory within Garfield or shall be within 750 feet of a
park or recreational facility, including, but not limited to, those
parks or recreation facilities identified in the Recreation Element
of the City of Garfield's 2002 Master Plan.
(a)
Distances shall be measured in a straight line from the center
of the entrance of the cannabis establishment to the closest point
of the property line.
(b)
Emergency/fire exits, maintenance access, and doors to gain
access to nonpublic areas are not used in the measurement. If the
entrance is set back from the sidewalk by a walkway or doorway, the
measurement is taken from the center of the line where the walkway/doorway
meets the sidewalk or curb.
(c)
For an establishment in a multistory building, the building
entrance at street level is to be used to guide the measurement.
(9) No cannabis paraphernalia shall be displayed or kept at the cannabis
establishment so as to be visible from outside the premises;
(10)
Cannabis consumption areas are strictly prohibited;
(11)
No cannabis product shall be smoked, eaten, or otherwise consumed
or ingested on the premises of any cannabis establishment;
(12)
A cannabis establishment shall not be located in a home, apartment,
townhouse, condominium or mixed-use building;
(13)
If located in a multitenant commercial building, the cannabis
establishment shall have a separate entrance where no part of the
cannabis establishment shall be directly accessible from any common
area within the building;
(14)
The applicant shall implement an odor mitigation infrastructure
so that odors emanating from the facility are not detectable by a
person on adjacent properties, rights-of-way, or other units with
a building on the same lot;
(15)
All activities associated with the production of cannabis, including
cultivation, manufacturing, and processing, shall occur within an
enclosed building;
(16)
The applicant shall provide appropriate landscape buffers at
least six feet high at the time of installation, or other equivalent
method of buffering, to be installed adjacent on any property line
shared with a residential property;
(17)
The applicant shall comply with the signage standards of the
underlying zoning district, including the following additional limitations:
(a)
No sign shall be placed on the roof of a building nor placed
on its walls so as to exceed in height the roof of a building.
(b)
No illuminated signs shall be permitted.
(c)
No freestanding signs shall be permitted.
(d)
There shall only be one sign.
(e)
The content of signage shall be restricted to text on a solid
background. The logo of the business may be included, provided the
logo does not include a cannabis plant leaf or image of other cannabis
paraphernalia or products.
Unless specifically defined otherwise herein, any term used
herein shall be incorporate the definition of that term in the Act.
Any article, section, paragraph, subsection, clause, or other provision
of the City of Garfield Code inconsistent with the provisions of this
chapter is hereby repealed to the extent of such inconsistency.
No ordinance, regulation or interpretation thereof shall conflict
with the Act. If any section, paragraph, subsection, clause, or provision
of this chapter shall be adjudged by a court of competent jurisdiction
to conflict with the Act or otherwise be invalid, such adjudication
shall apply only to the section, paragraph, subsection, clause, or
provision so adjudged, and the remainder of this chapter shall be
deemed valid and effective.
Any person or business who violates any provision of this chapter shall, upon conviction, be subject to the penalties provided by Chapter
1, Article
II, of the City Code.