B.
No license issued pursuant to this Part 1 shall be effective until or unless the state has issued the requisite permits or licenses to operate such a facility.
C.
Each license shall be effective from January 1 until December 31 and shall be annually renewed upon the submission of an application and renewal fee, provided all conditions and requirements of applicable state law and this Part 1 are met. The Borough may, at its discretion, adjust the renewal date of the local license to correlate with an applicant's state licensing and renewal schedule.
A.
Within 60 days of the passage of this Part 1, the Borough will issue a request for applications for applicants seeking licensing. The application process will be open for 30 days. Any submissions received after the 30 days expire will not be evaluated for a license. The scoring shall be on a scale of zero to 100 as set forth in the criteria established by the Borough within the application package. The highest scoring applicants shall be pre-approved for licensure with the Borough pursuant to obtaining a license from the state. Any applicant that receives scoring less than 80 points out of 100 shall not be approved.
B.
Procedures. Persons wishing to obtain any classification of cannabis
license shall submit a response to the application package that is
to be available with the Borough Clerk, on a standardized form established
by the Clerk. The Clerk shall establish a reasonable opening period
and deadline for all applications. An application shall be deemed
incomplete, and shall not be processed by the Clerk, until all documents
and application fees are submitted.
C.
Completeness. To be deemed complete, all responses to the request
for applications shall be accompanied by the following:
(1)
Nonrefundable application fee.
(2)
Registration fee, which shall be refunded in the event the applicant
does not receive a license.
(3)
Zoning permit demonstrating that the location proposed for licensing by the applicant complies with all applicable requirements of the Borough's land development regulations set forth in Chapter 230 of this Code.
(4)
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.
(5)
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.
(6)
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.
D.
All applications, upon being deemed complete, shall be reviewed by
the Borough Administrator or his or her designee(s) and scored based
upon the evaluation criteria as listed within application package,
including, but not limited to, community benefits, local hiring process,
promoting of diverse ownership structures, environmental sustainability
and financial sustainability. The highest scoring applicants will
then be referred to the Council for consideration to issue a "resolution
of local support."
E.
Notwithstanding the foregoing competitive application process, a
notification of award and resolution of local support 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 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 license
has not received a state permit or license within 12 months from issuance,
unless extended for good cause, the Administrator shall issue a new
request for proposals and evaluate all applicants for licensure under
the above criteria.
F.
Final approval from the Borough will be in the form of a local business
license being issued. The local business license will not be issued
from the Borough until a state-issued license is presented to the
Borough Clerk's office for presentment to the Council to authorize
the Clerk's office to issue the license by way of resolution.
A.
The number and type of cannabis licenses and the annual fees therefor
shall be as follows:
|
Class of License
|
Application Fee (nonrefundable)
|
Annual Registration Fee
(refunded in the event the applicant does not receive a license)
|
Number of Licenses
|
|---|---|---|---|
|
Class 5 cannabis retailer
|
$1,000
|
$5,000
|
Limited to 5
|
|
Class 6 cannabis delivery service
|
$1,000
|
$2,500
|
No limit
|
B.
The license fee shall be paid on or before January 1 and shall cover
the time period from January 1 until December 31. For a license issued
after December 1 and before December 31, the license fee shall be
prorated on a per-month basis.
C.
Licenses issued pursuant to this Part 1 shall be personal to the licensee and shall not be transferable.
D.
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.
