[Amended 11-4-2024 by Ord. No. 12-2024]
A. 
Local cannabis license required. No person shall operate a cannabis establishment, distributor or delivery service at any time or from any location within the City unless a currently effective local cannabis license for that person at that licensed premises has been issued under this chapter.
B. 
Classification and number of local cannabis licenses.
(1) 
The City, subject to state licensure, may issue the following local cannabis licenses:
Class of License
Maximum Number of Licenses
Class I - cannabis cultivator license
6
Class II - cannabis manufacturer license
6
Class III - cannabis wholesaler license
3
Class IV - cannabis distributor license
3
Class V - cannabis retailer license
3
Class VI - cannabis delivery license
3
(2) 
The City may issue as many permitted local cannabis licenses, as the City deems appropriate.
C. 
Dual local cannabis licenses. The licensure and dual operation in multiple classes of local cannabis licenses is permitted. Licenses utilized in dual operation may be held by different local cannabis licensees, as long as all applicable state and local licenses have been issued, such licenses remain valid, active and in compliance with all applicable state and City requirements.
D. 
Conditional approval for local cannabis license. The number of conditional approvals for local cannabis licenses shall not be limited by the provisions of § 116-4B.
No entity in possession of a local cannabis license shall permit the consumption of cannabis in or upon a licensed premises. The City Administrator shall deny any request for local endorsement and/or approval of a cannabis consumption area.
The City Administrator is hereby designated to act as the local licensing authority for the City for all local cannabis licenses. The City Administrator shall coordinate and cooperate with the Planning and Development Committee. Under all circumstances in which state law requires communication to the City by the Cannabis Regulatory Commission or any other state agency with regard to cannabis licensing by the state, or in which state law requires any review or approval by the City of any action taken by the state licensing authority, the exclusive authority for receiving such communications and granting such approvals shall be exercised by the City Administrator.
An application for a local cannabis license shall be submitted on current forms provided by the City with an application fee pursuant to § 116-12. At least one controlling beneficial owner shall sign all applications. However, other owners with day-to-day management authority may be required to sign authorizations, requests to release information and other forms required by licensing authority staff. Applications shall be complete and accurate and must include all attachments, checklists, verifications and supporting documents required by the City's current application forms before the application will be accepted or considered. The City may refuse to accept an incomplete application.
A. 
Application review. All applications for a local cannabis license shall be referred to a subcommittee of the city council for the City of Pleasantville for purpose of reviewing the application and discussing the applicant's compliance with this chapter. The applicant will be provided an opportunity to make a presentation and answer any questions of the members of the subcommittee.
B. 
Local licensing authority considerations. The local licensing authority may consider the facts and evidence adduced as a result of the application review, as well as any other facts pertinent to the type of license for which the application has been made. Such facts include, but are not limited to, the number, type, and availability of cannabis businesses located in or near the premises under consideration and other pertinent matters affecting the qualification of the applicant for the conduct of the type of business proposed, including, but not limited to, the applicant possessing a minority, women's, or disabled veterans' business certification provided to the applicant by the Office of Minority, Disabled Veterans, and Women Cannabis Business Development pursuant to N.J.S.A. 24:6I-25.
C. 
Conditional approval. After review and consideration by the subcommittee, the local licensing authority may grant a conditional approval if concluded that the applicant has met the requirements set forth in this chapter. A conditional approval shall entitle the applicant to pursue a state license in the appropriate classification for up to 18 months. A conditional approval shall not grant the applicant any right or privilege to a local cannabis license.
D. 
Limitation on number of licenses. The number of local cannabis licenses for each class of license are limited pursuant to § 116-4B. A local cannabis license will not be issued to an applicant that has obtained a conditional approval if the maximum number of local cannabis licenses for the same class have been issued by the City.
E. 
Denial of conditional approval. The City shall deny a conditional approval to any applicant who fails to provide information, documentation and assurances as required by this chapter or as requested by the City, or who fails to reveal any material fact to qualification, or who supplies information which is untrue or misleading as to a material fact pertaining to the qualification criteria for licensure. The City shall grant a conditional approval upon a determination that the applicant has met the requirements of this chapter unless the City finds by clear and convincing evidence that the applicant would be manifestly unsuitable to perform the activities for the applicable license class for which conditional approval is sought. A written decision with findings supporting the denial of the conditional approval shall be sent by certified mail to the applicant at the address shown in the application.
F. 
Termination of conditional approval. A conditional approval shall be valid for 18 months, unless otherwise revoked, from the date of approval.
No local cannabis license shall be issued until the applicant has received a state license and satisfied other prerequisites of the conditional approval.
A. 
Notice to City. An applicant shall notify the City upon meeting all conditions of the conditional approval. The notice shall include a copy of the state license, a copy of the full application submitted to the State of New Jersey and a statement affirming that the applicant has not made any material changes to the original application.
B. 
Issuance of local cannabis license. The City shall issue a local cannabis license once satisfied that the conditions of the conditional approval have been met.
C. 
License duration. Unless revoked or suspended, local licenses shall run concurrently with state licenses. This means that once a local cannabis license is issued, such license will expire, unless otherwise revoked as provided for herein, on the same date as the current state license.
A local cannabis licensee shall at all times comply with the following operational requirements, which the City may review and amend from time to time as it determines reasonable.
A. 
Scope of operation. A local cannabis licensee shall comply with all respective applicable codes of the local zoning, building, and health departments. The local cannabis licensee must hold a valid local cannabis license and state license for the classification intended to be carried out on the licensed property.
B. 
Security. Local cannabis licensee shall at all times maintain a security system that meets state law requirements, and in addition shall also include the following:
(1) 
Robbery and burglary alarm systems which are professionally monitored and operated 24 hours a day, seven days a week and which will contact local law enforcement if triggered;
(2) 
All security recordings and documentations shall be preserved for at least 30 days by the local cannabis licensee and made available to any law enforcement upon request for inspection.
C. 
Operating hours. Hours of operation for the Class I through IV and Class VI license holders shall be 24 hours per day.
D. 
Sign restrictions. No signs, pictures, photographs, drawings or other depictions shall appear on the outside of any licensed premises nor be visible outside of the licensed premises on the licensed property nor advertise in a way that is inconsistent with and federal, state, or local rule or regulation.
E. 
Permits. All necessary building, electrical, plumbing and mechanical licenses must be obtained for any part of the licensed premises in which electrical, wiring, lighting or watering devices that support the cultivation, growing, harvesting or testing of cannabis are located.
F. 
Waste disposal. The local cannabis licensee shall use lawful methods in controlling waste or by-products from any activities allowed under the local cannabis license. All waste or by-products stored must be contained in a dumpster that is locked or located within a locked enclosure.
G. 
Indoor operation. All activities permitted pursuant to a local cannabis license, including, without limitation, distribution, growth, manufacturing, cultivation, or the sale of cannabis, and all other related activity must occur indoors. For purposes of this section and for the avoidance of doubt, greenhouses, hoop houses, Quonset huts, and other similar structures shall qualify as an "indoor operation" and shall be permitted for cultivation and growth of cannabis by holders of a valid Class 1 cannabis cultivator license only. This amendment shall in no way alter or diminish the obligation of the holder of a Class 1 cannabis cultivator license to comply with all other applicable conditions under Chapter 116 of the City Code.
[Added 3-20-2023 by Ord. No. 2-2023]
H. 
Odor prohibited. A local cannabis licensee's operation and design shall minimize any impact to adjacent uses, including the control of any odor by maintaining and operating an air-filtration system so that no odor is detectable outside the licensed premises.
I. 
Nuisance prohibited. The licensed premises shall not be operated in a manner that creates noise, dust, vibration or glare beyond the boundaries of the property; or create any other nuisance that hinders the public health, safety and welfare.
J. 
Additional conditions. The City may impose such reasonable terms and conditions on a local cannabis licensees as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this chapter and applicable law.
K. 
Cannabis retailer licensee hours of sale. No cannabis retailer licensee shall sell, deliver, serve or permit consumption of cannabis products in any licensed premises between the hours of 9:00 p.m. and 10:00 a.m. During the hours in which sales of cannabis products are prohibited, the entire licensed premises shall also be closed and no person shall be admitted or permitted to remain therein except that this provision shall not be construed to preclude restaurants, hotels, motels and clubs holding licenses from remaining open during other hours for the purpose of providing other services and accommodations to guests, members and guests of members, provided, however, adequate facilities and equipment exist for such services and accommodations, such services and accommodations are regularly provided, and any cannabis establishment on the premises is securely closed.
L. 
Curbside retail sales prohibited. No local cannabis licensee shall conduct curbside retail sales, as defined in N.J.A.C. 17:30-12.4.
A. 
At the time of application, each applicant shall pay a nonrefundable application fee to defray the costs associated with the processing of the application. The application fee shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state or City law or ordinance, including, by way of example, the annual licensing fee pursuant to § 116-13.
B. 
The application fee shall be $10,000, which may be modified annually by resolution of the city council of the City of Pleasantville, except for microbusinesses, which shall be subject to an application fee of $500.
C. 
Notwithstanding these application fee provisions, if an applicant for a City license fails to receive a state license, 80% of the municipal application fee shall be refunded to the municipal applicant.
A. 
The local cannabis licensee shall pay an annual licensing fee for each license held as follows:
Class of License
License Fee
Class I - cannabis cultivator license
$15,000
Class II - cannabis manufacturer license
$15,000
Class III - cannabis wholesaler license
$10,000
Class IV - cannabis distributor license
$10,000
Class V - cannabis retailer license
$20,000
Class VI - cannabis delivery license
$3,500
Microbusiness - all classes license
$1,000
B. 
Payment date. Annual licensing fee(s) shall be due and payable on the date the City issues a local cannabis license and shall be payable annually thereafter on the yearly anniversary of the issuance of the license.
C. 
Late fees. The failure of a local cannabis licensee to pay the annual licensing fee when due, will result in the assessment of a late fee as follows:
(1) 
One to seven days late, a late fee equivalent to 2% of the annual licensing fee.
(2) 
Eight to 15 days late, a late fee equivalent to 5% of the annual licensing fee.
(3) 
Sixteen to 30 days late, a late fee equivalent to 10% of the annual licensing fee.
(4) 
After expiration of 30 days, an additional 20% shall be charged for each thirty-day period that the license fee is not paid.
D. 
Microbusiness expansion. Where any licensed microbusiness expands to where they are no longer a microbusiness, they shall then be subject to any applicable fees associated with a standard "cannabis business," as defined in this chapter.
A. 
Timing of renewal application. An application for renewal of a local cannabis license shall be filed at least 60 calendar days prior to the expiration date of the current license.
B. 
Renewal application procedures. The renewal application shall contain all the information required for new applications. The applicant shall pay a fee pursuant to § 116-12 to cover the costs of processing the renewal permit application. An application for renewal of a local cannabis license shall be rejected if any of the following exists:
(1) 
The application is filed less than 60 days before its expiration.
(2) 
The local cannabis license is suspended or revoked at the time of the application.
(3) 
The local cannabis licensee has not been in regular and continuous operation in the four months prior to the renewal application.
(4) 
The local cannabis licensee has failed to conform to the requirements of this chapter, or of any regulations adopted pursuant to this chapter.
(5) 
The local cannabis licensee fails or is unable to renew its state of New Jersey license.
(6) 
If the city or state has determined, based on substantial evidence, that the local cannabis licensee is in violation of the requirements of this chapter, or of the state rules and regulations, and the City or state has determined that the violation is grounds for termination or revocation of the local cannabis license.
C. 
Conditions of renewal. The local licensing authority is authorized to make all decisions concerning the issuance of a renewal license. In making the decision, the local licensing authority is authorized to impose additional conditions to a renewal license, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the Cannabis Review Committee shall be appealable to the City Council pursuant to § 116-16.
A. 
Nontransferable. A local cannabis licensee shall not transfer ownership or control of the local cannabis license to another person or entity unless and until the transferee obtains an amendment to the license from the local licensing authority stating that the transferee is now the licensee. Such an amendment may be obtained only if the transferee files an application in accordance with all provisions of this chapter (as though the transferee were applying for an original local cannabis license). The proposed transferee's application shall be accompanied by an application fee pursuant to § 116-12.
B. 
Change in ownership. Changes in ownership of a local cannabis licensee's business structure or a substantial change in the ownership of a local cannabis licensee's business entity (changes that result in a change of more than 51% of the original ownership) must be approved by the local licensing authority through the transfer process contained in Subsection A of this section. Failure to comply with this provision is grounds for permit revocation.
C. 
No local cannabis license may be transferred when the local licensing authority has notified the licensee that the permit has been or may be suspended or revoked.
D. 
Any attempt to transfer a local cannabis license either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the permit.
A. 
The local licensing authority may revoke, suspend, or decline to renew any local cannabis license issued under this chapter, or for any violation of any law and/or any rule, regulation policy, procedure or regulation in this chapter. Grounds for revocation, suspension or nonrenewal of a license or permit shall include the following:
(1) 
The failure of the local cannabis licensee to comply with the provisions of this chapter or any other law pertaining to commercial cannabis businesses;
(2) 
The giving of false or misleading information by the local cannabis licensee in making application for a local cannabis license or in connection with an investigation conducted by the City or any other state, local or federal agency;
(3) 
Any cause for denying an original local cannabis license as set forth in this chapter;
(4) 
The revocation, suspension, or nonrenewal of associated state licenses/permits, which revocation, suspension or nonrenewal the local cannabis licensee shall disclose immediately to the local licensing authority;
(5) 
The failure of the local cannabis licensee to diligently initiate business operations or to continue to carry on business operations in a manner substantially as set forth in the business plan, safety and security plan and application submitted in support of the local cannabis licensee's original or renewal application to operate.
B. 
The determination of the local licensing authority to suspend, revoke or decline to renew a local cannabis license shall be made in writing and mailed or delivered to the local cannabis licensee's registered agent. The determination of the local licensing authority shall become effective 10 days following the date of the notice of that determination. The local cannabis licensee may, during such ten-day period, appeal the determination of the local licensing authority to the City Council. If the local cannabis license fails to file the notice of appeal within such ten-day period, the determination of the local licensing authority shall be final and conclusive. If a written notice of appeal is filed with the City Clerk during such ten-day period, the determination of the local licensing authority shall be stayed pending the City Council's hearing and decision on the appeal.
A. 
By accepting a local cannabis license issued pursuant to this chapter, the local cannabis licensee waives and releases the City, its officers, elected officials, and employees from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of local cannabis licensee's owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations.
B. 
By accepting a local cannabis license issued pursuant to this chapter, all local cannabis licensees agree to indemnify, defend and hold harmless the City, its officers, elected officials, employees, and insurers, against all liability, claims or demands arising on account of bodily injury, sickness, disease, death, property loss or damage or any other loss of any kind, including, but not limited to, any claim of diminution of property value by a property owner whose property is located in proximity to a licensed property, arising out of, claimed to have arisen out of, or in any manner connected with the operation of a marihuana establishment or use of a product cultivated, processed, distributed or sold that is subject to the local cannabis license, or any claim based on an alleged injury to business or property by reason of a claimed violation of the federal Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1964(c) or any other alleged violation of the law.
C. 
By accepting a local cannabis license issued pursuant to this chapter, a local cannabis licensee agrees to indemnify, defend and hold harmless the City, its officers, elected officials, employees and insurers, against all liability, claims, penalties, or demands arising on account of any alleged violation of any existing law including the federal Controlled Substances Act, 21 U.S.C. § 801 et seq.
A conditional approval and local cannabis license granted by this chapter are a revocable privilege granted by the City and are not a property right. Granting a license does not create or vest any right, title, franchise, or other property interest. Each local cannabis license is exclusive to the local cannabis licensee, and a local cannabis licensee or any other person must apply for and receive the City's approval before a local cannabis license is transferred, sold, or purchased. A local cannabis licensee or any other person shall not lease, pledge, or borrow or loan money against a license. The attempted transfer, sale, or other conveyance of an interest in a local cannabis license without prior state and local approval is grounds for suspension or revocation of the local cannabis license or for other sanction considered appropriate by the City.