[HISTORY: Adopted by the Mayor and Council of the Borough of Somerdale 8-11-2021 by Ord. No. 2021:11. Amendments noted where applicable.]
[Amended 9-11-2024 by Ord. No. 2024:09]
The following cannabis operations shall be allowed within the Borough of Somerdale and the zones hereafter listed:
A. 
Cultivation: a facility involving the growing and cultivating of cannabis;
B. 
Manufacturing: a facility involved in the manufacturing, preparation and packaging of cannabis items;
C. 
Wholesaler: a facility involved in obtaining and selling cannabis items for later resale by other licensees;
D. 
Distributor: a business involved in transporting cannabis plants in bulk from a licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;
E. 
Retailer: locations at which cannabis items and related supplies are sold to consumers; and
F. 
Delivery: a business providing carrier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer.
G. 
Limitation of license: The Borough will only issue one license for cultivator, wholesaler and distributor and two licenses for retailer, manufacturer and delivery.
A. 
Only persons or entities licensed by the State of New Jersey to operate as proposed may make application to operate a cannabis business in the Borough.
B. 
Any applicant will complete an application supplied by the Borough Clerk and provide with said application a complete copy of any and all submissions made by the applicant to the State of New Jersey and any response from the state, a copy of the license issued by the state, a statement that the applicant has not been charged with any violation by any governmental agency in the last five years, pay an application fee of $250, and provide a detailed statement concerning security protocols at applicants proposed place of business.
C. 
The Borough Clerk will supply the applicant’s security protocols to the Borough Police Chief for his or her review and approval. The local license will not issue until such time as the security protocols are approved by the Borough’s Police Chief.
D. 
The local license shall be renewed annually at the anniversary of the issuance of the initial local license, which renewal will require a statement that there is nothing changed from the initial application or if there are changes, a detailed statement of those changes. The fee for renewal of the license shall be $100 per year.
E. 
Any change in ownership of any business operation shall require a new application.
F. 
Any applicant is required to disclose the name and address of any individual who owns 10% or more of any license entity.
A. 
Any operation allowed hereunder shall install a video monitoring system which will capture images in real time of the entire interior of the facility (excluding bathrooms and private offices not open to the public) as well as the entire parking lot of the operation and shall give the Somerdale Police Department real time access to said video system. Video files shall be maintained for at least 60 days and any applicant will be required to provide the Somerdale Police Department copies of any files when requested.
B. 
Any business operating under this chapter shall control the odor of cannabis in accordance with this section.
[Amended 9-13-2023 by Ord. No. 2023:10]
(1) 
The odor of cannabis shall not exceed four D/T as measured by a Nasal Ranger® Field Olfactometer at the business's property line. A baseline measurement will be conducted prior to the opening of the operation and will serve as a reference for this measurement.
(2) 
It will be the responsibility of the business operator to provide the Borough Code Enforcement Officer with a functioning Nasal Ranger® Field Olfactometer at the request of the Officer.
(3) 
In the event of a complaint of cannabis odor, the Borough Code Enforcement Officer shall investigate and perform tests to determine the D/T level at the business's property line.
(4) 
In the event that the Borough Code Enforcement Officer determines that the odor of cannabis exceeds four D/T at the business's property line, the Officer shall provide written notice of same to the business operator and provide a period of time not to exceed 14 days for the business operator to mitigate the odor of cannabis. The Officer may extend this time to mitigate provided that the property owner is making good faith efforts to mitigate the odor of cannabis.
(5) 
In the event that the business operator fails to bring the cannabis odor into compliance with the foregoing, after notice and an opportunity to mitigate, the business owner shall be in violation of this chapter.
C. 
The retail distribution uses shall be permitted to operate between 7:00 a.m. and 10:00 p.m. and shall not operate outside these hours.
D. 
Any local license issued hereunder shall be conditioned upon truck traffic for deliveries to only happen between 7:00 a.m. and 7:00 p.m.
E. 
Any retail or delivery operation shall only operate on the first floor of a building and shall have a dedicated entrance from the outside into the business operation.
The Borough imposes an excise tax in the maximum amount allowed by state law on any businesses operating hereunder.
It will be a violation of this chapter to smoke any cannabis products in any public space or property open to the public.
A. 
Enforcement of this chapter is granted to any sworn law enforcement officer, the Borough’s Code Enforcement Officer and the Borough Fire Marshall.
B. 
In the event of two or more violations of the cannabis odor provisions within a ninety-day period, the Borough Code Enforcement Officer may issue an order closing the facility and suspending the local license which order will be stayed in the event that the business operator files an appeal to Mayor and Borough Council.
[Amended 9-13-2023 by Ord. No. 2023:10]
C. 
Any person or entity ordered closed by the Enforcement Officer may appeal said action to Mayor and Council by the filing of a written appeal setting forth the reasons that the closure order should be overturned. Mayor and Council shall schedule a hearing on such an appeal within 30 days of its filing. Mayor and Council may also designate a hearing officer to consider such appeal, which appeal will also be heard within 30 days of filing.
D. 
Any person or entity who violates any provision of this ordinance shall be subject to a fine not to exceed $1,250 a jail sentence not to exceed 6 months.
[Added 9-11-2024 by Ord. No. 2024:09]
A. 
Borough Council may revoke any license issued hereunder for any violation of this chapter, including the nonpayment of the license renewal fee, or any other violation of law or for the submission of any false or incorrect information in the license application.
B. 
Borough Clerk shall notify any license holder of the basis for any such revocation. If a violation may be cured to the satisfaction of the Borough Clerk, the Borough Clerk may terminate the revocation process.
C. 
If the license holder facing revocation disagrees with the position of the Borough Clerk, said license holder may make a written request for a hearing before Mayor and Council which will be scheduled within 45 days of said written notice and any proposed license revocation will be held in abeyance pending said hearing.
D. 
License revocation is in addition to any other penalty which might be imposed for a violation of law.