A. 
Local license required.
(1) 
No person, firm, corporation or other entity may own or operate a cannabis establishment, cannabis distributor or cannabis delivery service without first having acquired an annual local license in accordance with the provisions of this chapter.
(2) 
The initial local license term shall commence immediately upon the issuance of the initial local license and shall expire on December 31 of that calendar year. Each renewal local license shall be valid for a one-year period beginning on January 1 and ending on December 31 of the calendar year.
B. 
Local licensing authority.
(1) 
The Township Council is hereby designated to act as the local licensing authority for the Township of Galloway for all cannabis establishments, cannabis distributors and cannabis delivery services. Under all circumstances in which state law requires communication to the Township by the Commission or any other state agency with regard to the licensing of cannabis establishments by the state, or in which state law requires any review or approval by the Township 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 Township Council.
(2) 
Under no circumstances shall a local license for a cannabis establishment, cannabis distributor or cannabis delivery service issued by the Township Council be effective unless or until the state has issued the requisite permits or licenses to operate such a facility, including the state license. It is the intent of this chapter that no cannabis establishment, cannabis distributors or cannabis delivery services may lawfully operate in the Township of Galloway without the issuance of a state license and full regulatory oversight of the cannabis establishment by the Commission or other state licensing authority, as well as oversight and issuance of a license by the Township.
C. 
Classification of licenses.
(1) 
The Township may issue the following local licenses:
(a) 
Class I cannabis cultivator license.
(b) 
Class II cannabis manufacturer license.
(c) 
Class III cannabis wholesaler license.
(d) 
Class IV cannabis distributor license.
(e) 
Class VI cannabis delivery license.
(f) 
Microbusiness license.
(2) 
No Class V cannabis retail license shall be issued.
D. 
Application.
(1) 
All applicants requesting a local license, whether as an initial local license or a renewal local license, shall file a license application with the Township on a standardized form established by the Township and available in the Clerk's office. An application for a local license shall be deemed incomplete and shall not be processed by the Township until all documents and application fees are submitted. To be deemed complete, all applications shall be accompanied by the following:
(a) 
A deed or lease evidencing the applicant's lawful possession of the premises on which the cannabis establishment, cannabis distributor, or cannabis delivery service will be located;
(b) 
A copy of an approved zoning permit and copy of an approved site plan signed by the Township of Galloway Planning Board or a copy of the resolution signed by the Township of Galloway Planning Board approving a site plan waiver for the premises on which the cannabis establishment, cannabis distributor, or cannabis delivery service will be located;
(c) 
A fully executed redevelopment agreement; provided, however, if a redevelopment agreement had been previously executed and has been terminated, the applicant shall submit the certificate of completion that has been issued by the Township pursuant to the terminated redevelopment agreement;
(d) 
An affidavit and documentary proof of compliance with all state and local laws regarding affirmative action, antidiscrimination 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;
(e) 
A copy of the state license. If no state license has been issued, the applicant may submit proof of application for a state license and may request that the local license be conditionally approved, conditioned upon receipt of a state license, except that for any class of local license for which there is a numerical limit, a copy of the state license must be provided at the time of application;
(f) 
A description of the proposed business activities/operations to be conducted at the cannabis facility, including but not limited to hours of operations, operating procedures, organizational structure, number of employees, job title and job description of employees, cannabis handling procedures, and workplace safety plan;
(g) 
A complaint procedures plan which contains procedures and plans for receiving, recording and handling complaints regarding cannabis products, cannabis items, the cannabis facility and/or business operations of the cannabis establishment, cannabis distributor or cannabis delivery service, as applicable;
(h) 
A waste disposal plan, which sets forth the procedures and plans for sanitation and disposal of waste at the cannabis facility;
(i) 
A security plan which sets forth the procedures and plans for security at the cannabis facility;
(j) 
An odor mitigation plan which sets forth the plans and procedures for controlling odor at the cannabis facility;
(k) 
A copy of the cannabis facility floor plan, including square footage information;
(l) 
Proof all property taxes and all transfer taxes and/or user taxes imposed under this chapter have been paid; and
(m) 
If the application is for a renewal local license, a copy of all of the complaints received during the prior twelve-month period and a description of the manner in which such complaints were handled.
(2) 
If the application is for a microbusiness:
(a) 
Proof that the ownership interest in the microbusiness is held by current New Jersey residents who have resided in the state for at least the past two consecutive years.
(b) 
Proof of residency in the Township of Galloway, or a bordering municipality, for at least 51% of the owners, directors, officers, or employees of the microbusiness.
(c) 
A sworn affidavit that the microbusiness shall:
[1] 
Employ no more than 10 persons.
[2] 
Operate a cannabis establishment occupying an area no more than 2,500 square feet.
[3] 
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 no higher than 24 feet, unless approved by the Commission.
[4] 
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.
[5] 
In the case of a cannabis manufacturer, acquire no more than 1,000 pounds of usable cannabis each month.
[6] 
In the case of a cannabis wholesaler, acquire for resale 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, each month.
E. 
The applicant shall submit all required nonrefundable fees for the application and conditional license in accordance with the following fee schedule:
(1) 
Class I cannabis cultivator license: $2,500.
(2) 
Class II cannabis manufacturer license: $2,500.
(3) 
Class III cannabis wholesaler license: $2,500.
(4) 
Class IV cannabis distributor license: $2,500.
(5) 
Class VI cannabis delivery license: $2,500.
(6) 
Microbusiness license: $2,500.
F. 
If an applicant applies for more than one class of license, where permitted by law, the nonrefundable application fee shall be determined as follows:
(1) 
The applicant shall first pay $2,500 for the first class of license sought in its application; and
(2) 
The applicant shall pay $1,000 for each additional class of license sought in its application.
G. 
The applicant shall submit all annual license fees required in accordance with the following fee schedule, which shall be refundable in the event the applicant does not receive a license:
(1) 
Class I cannabis cultivator license: $10,000.
(2) 
Class II cannabis manufacturer license: $8,000.
(3) 
Class III cannabis wholesaler license: $8,000.
(4) 
Class IV cannabis distributor license: $8,000.
(5) 
Class VI cannabis delivery license: $2,500.
(6) 
Microbusiness license: $5,000.
H. 
Applications for a local license shall be considered on a rolling basis. In the event multiple applicants are under consideration simultaneously, the Township shall evaluate those applicants and issue a notification of award after consideration and evaluation of the application and supporting materials. The Township may award a conditional local license which will not be effective until all of the conditions of the conditional local license have been satisfied. The Township reserves the right to reject any application at its sole discretion.
I. 
If an applicant applies for more than one class of license, where permitted by law, the license fee shall be determined as follows:
(1) 
The applicant shall pay in full the highest fee associated with the class of license sought in its application; and
(2) 
The applicant shall pay 50% of the fee associated with each additional class of license sought in its application.
A. 
The Township Council may suspend or revoke a local license if:
(1) 
The application or the cannabis establishment, cannabis distributor or cannabis delivery service is not in compliance with any provision of this chapter or all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities.
(2) 
The application for a local license contains false or misleading information.
(3) 
An owner, officer, or board member of a local license holder provides false or misleading information to the Township.
(4) 
The Township receives formal notice from the Commission that the local license holder has had its state license suspended or terminated.
(5) 
A violation by the local license holder or the cannabis establishment, cannabis distributor or cannabis delivery service of any of the provisions of this Code or the CREAMM Act has occurred.
(6) 
An owner, officer or board member of the local license holder has been convicted of a crime involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes,[1] except Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10, or any similar law of the United States or any other state.
[1]
Editor's Note: See N.J.S.A. 2C:35-1 et seq.
(7) 
The failure or refusal of the local license holder to comply with any of the provisions of this Code or the CREAMM Act.
(8) 
The failure or refusal of the local license holder to carry out its policies and procedures or to be in compliance with the statements and representations provided to the Township or the state in its application for licensure.
(9) 
Operating a cannabis establishment, cannabis distributor or cannabis delivery service without a state license or local license.
(10) 
The failure or refusal to return an adequate plan of correction to the Township within 10 business days after receipt of a notice to correct.
(11) 
The failure or refusal to correct any deficiency specified by the Township in a notice to correct within the period specified in a plan of correction.
(12) 
The failure or refusal to cooperate fully with an investigation, inspection or audit by the Township or any law enforcement agency.
(13) 
Failure to maintain proper recordkeeping as required in § 140-11 and/or failure to allow the Township access to any records as required in § 140-11.
(14) 
The failure to comply with the provisions of this chapter regarding the payment of fees.
(15) 
The failure to comply with any condition placed upon the local license when the license was issued or any condition or requirement made by the Township.
(16) 
The premises and/or the cannabis facility has been inactive or unoccupied for at least six months following the issuance of the local license.
B. 
Except as permitted in Subsection D below, prior to suspending or revoking a local license, the Township Council shall provide notice to the local license holder of its intent to suspend or revoke the local license and shall schedule a hearing on the proposed suspension or revocation within 30 days of said notice. Following the hearing, if the Township Council determines that suspension or revocation is warranted, the Township Council shall issue notification to the local license holder of the reasons for the suspension or revocation.
C. 
Any suspension or revocation of a local license shall become effective immediately upon notification of the suspension or revocation to the local license holder. The notification shall be deemed effective if:
(1) 
It is made at the time of the hearing; or
(2) 
Notice of the suspension or revocation is mailed by certified mail, return receipt requested, to the address listed on the local license or in the license application for the local license.
D. 
Notwithstanding the foregoing subsection, when the Township has reasonable grounds to believe that a local license holder or cannabis establishment has engaged in deliberate and willful violation of any applicable law or regulation, or that the public health, safety and/or general welfare has been jeopardized and requires emergency action, the Township Council may enter a summary suspension order for the immediate suspension of a local license pending further investigation, subject to the following procedure:
(1) 
The summary suspension order shall be in writing and shall state the reason(s) therefor. The local license holder shall be afforded an opportunity for a hearing as outlined herein.
(2) 
The Township shall convene a review panel consisting of the Administrator, a second administrative officer designated by the Mayor, and the Chief of Police. The hearing shall be scheduled within 30 days of the date of the suspension order.
(3) 
Upon completion of the hearing, the review panel shall issue its decision regarding the alleged offenses. The review panel is authorized to impose any fines, penalties, conditions, restrictions or combination thereof authorized by the State of New Jersey or this chapter, including the suspension of a license for a period not to exceed six months.