[HISTORY: Adopted by the Township Committee of the Township
of Chesterfield 6-10-2021 by Ord. No. 2021-6; amended in its entirety 7-28-2022 by Ord. No. 2022-12. Amendments noted where applicable.]
Cannabis distributors, retailers and delivery services, as said
terms are defined in Section 3 of P.L. 2021, c. 16 ("New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act") shall be prohibited in all zones of the municipality, but the
delivery of cannabis items and related supplies by a delivery service
is permissible.
A.
Cannabis cultivators, manufacturers and wholesalers, as said terms are defined in the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act shall only be conditional uses as set forth in this chapter and in Chapter 130 (Land Development).
B.
The number of cannabis businesses in the Township shall not exceed
three. A single entity that holds multiple licenses at the same location
(e.g., a cannabis cultivator license and a cannabis manufacturer license)
shall be considered one cannabis business for purposes of this section.
As used in this chapter, the following terms shall have the
meanings indicated:
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. 2021, c.
16 (N.J.S.A. 24:6I-31 et al.) for use in cannabis products, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product.
Any person or entity that holds any of the six classes of
licenses established under P.L. 2021, c. 16, the "New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act."
A designated location operated by a licensed cannabis retailer
or permit holder for dispensing medical cannabis, for which both a
state and local endorsement has been obtained, that is either:
An indoor, structurally enclosed area of the cannabis retailer
or permit holder that is separate from the area in which retail sales
of cannabis items or the dispensing of medical cannabis occurs; or
An exterior structure on the same premises as the cannabis retailer
or permit holder, either separate from or connected to the cannabis
retailer or permit holder, at which cannabis items or medical cannabis
either obtained from the retailer or permit holder or brought by a
person to the consumption area may be consumed.
Any licensed person or entity that grows, cultivates, or
produces cannabis, 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.
This person or entity shall hold a Class 1 Cannabis Cultivator license.
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. This person or entity shall hold a Class 6 Cannabis
Delivery license.
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. This person or entity shall hold a Class 4 Cannabis Distributor
license.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
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.
This person or entity shall hold a Class 2 Cannabis Manufacturer license.
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis product" does not include:
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. This
person or entity shall hold a Class 5 Cannabis Retailer license.
An independent, third-party entity meeting accreditation
requirements established by the Cannabis Regulatory Commission that
is licensed to analyze and certify cannabis items and medical cannabis
for compliance with applicable health, safety, and potency standards.
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. This person or entity shall hold a Class 3 Cannabis Wholesaler
license.
A.
Any request for a resolution of local support, pursuant to N.J.S.A.
24:6I-7.2, shall include a concept plan indicating how applicant intends
on complying with the Township's zoning, site plan and licensing
requirements.
B.
Each applicant shall appear before the Township Committee to present
its concept plan.
C.
The Township Committee shall issue a resolution of local support if the applicant is able to demonstrate intended compliance with this Chapter 87.
D.
The Township Committee shall consider proposals for a resolution
of local support in the order that the proposals are submitted.
A.
No cannabis business may lawfully operate in Chesterfield Township
without the issuance of a state license and full regulatory oversight
of the cannabis business by the Cannabis Regulatory Commission or
other state licensing authority, as well as oversight and issuance
of a license by the Township in accordance with the provisions of
this chapter.
B.
All cannabis businesses shall be subject to a conditional use and
site plan approval in accordance with the Municipal Land Use Law.
C.
A license to operate shall be granted by the Township Committee subject
to the applicant's satisfaction of the below criteria:
D.
Each local license shall be effective from January 1 until December
31 and shall be annually renewed upon the submission of a renewal
application and renewal fee provided all conditions and requirements
of applicable state law and this chapter have been met.
E.
Any conditions of land use approval may be incorporated as conditions
of the local license.
A.
The application fee for a cannabis cultivator, cannabis manufacturer
or a cannabis wholesaler shall be $5,000. The fee shall be payable
upon request for a resolution of local support. The fee shall be nonrefundable.
A single cannabis business that seeks to obtain multiple licenses
(e.g., a cannabis cultivator and a cannabis manufacturer license)
shall remit application fees for both license types.
B.
The annual registration fee for a cannabis cultivator, cannabis manufacturer
or a cannabis wholesaler shall be $5,000. A single cannabis business
that maintains licenses for multiple license types (e.g., a cannabis
cultivator and a cannabis manufacturer) shall remit annual registration
fees for both license types.
A.
Cannabis cultivators, manufacturers and wholesalers shall only be
permitted in the C Commercial Zoning District, OP Office Park Zoning
District, and AG Agricultural Zoning District, and in any redevelopment
areas and rehabilitation areas established in the Township, as conditional
uses.
B.
No cannabis business shall be located on any property that is preserved
using state or federal funds, nor shall it be located on property
that is subject to farmland preservation deed restrictions or covenants,
including, but not limited to, methods of preservation such as a transfer
of development rights (TDR).
A cannabis business licensee shall maintain security on the
site in accordance with the security plan that is approved by the
Chief of Police. Such plan shall include appropriate non-chain-link
fencing, security personnel, lighting, transport of product and receipts,
and site control features that prevent unauthorized entry. All growing
areas shall be fully enclosed by a six-foot-tall, non-chain-link fence
of a material and strength to prevent unauthorized access and public
viewing.
A.
The cannabis business shall prevent and eliminate any conditions
on the site that constitute a nuisance.
B.
The cannabis business shall maintain the exterior of the site, including
any parking lots under the control of the permittee, free of litter,
debris, and trash.
C.
The cannabis business shall properly store and dispose of all waste
generated on the site, including chemical and organic waste, in accordance
with all applicable laws and regulations. No cannabis business shall
dispose of cannabis or cannabis products unless they have been made
unusable and unrecognizable.
A.
The cannabis business licensee shall implement measures to prevent
cross- pollination and to prevent cannabis pollen and seeds from leaving
the premises, including, but not limited to, use of pollen screens,
ultraviolet light and methods to ensure that employees and other visitors
do not leave the premises while carrying any cannabis pollen or seeds.
Shipping/distribution for cultivation, manufacturing and wholesale
uses shall be limited to 8:00 a.m. to 8:00 p.m.
A.
Any violation of the terms of this chapter, of any condition of the
license, or of any state, or local law or regulation may result in
the revocation of the license and may further subject the licensee
to any applicable penalties.
B.
The provisions of this chapter shall be enforced by the Township
Police Department, Township Zoning Officer and/or Township Board of
Health as appropriate based on the nature of the violation.
A.
It is the purpose of this section to implement the provisions of
P.L. 2021, c. 16, which authorizes the governing body of a municipality
to adopt an ordinance imposing a tax at a uniform percentage rate
not to exceed 2% of the receipts from each sale by a cannabis cultivator;
2% of the receipts from each sale by a cannabis manufacturer; 1% of
the receipts from each sale by a cannabis wholesaler; and 2% of the
receipts from each sale by a cannabis retailer, which shall be in
addition to any other tax or fee imposed pursuant to statute or local
ordinance or resolution by any governmental entity upon the cannabis
establishment.
B.
Unless otherwise defined herein, as used herein, the Township adopts by reference the terms and definitions established in Chapter 87 of this Code and in N.J.S.A. 24:6I-33.
C.
There is hereby established a local cannabis transfer tax in the
Township of Chesterfield which shall be fixed at a uniform percentage
rate of 2% of the receipts from each sale by a cannabis cultivator,
2% of the receipts from each sale by a cannabis manufacturer, and
1% of the receipts from each sale by a cannabis wholesaler.
D.
Any transaction for which the transfer tax or user tax is imposed,
or could be imposed, pursuant to this section, other than those which
generate receipts from the retail sales by cannabis retailers, shall
be exempt from the tax imposed under the "Sales and Use Tax Act,"
P.L. 1966, c. 30 (N.J.S.A. 54:32B-1 et seq.).
E.
The cannabis transfer tax shall be in addition to any other tax or
fee imposed pursuant to statute or local ordinance or resolution by
any governmental entity upon property or cannabis establishment.
F.
Collection.
(1)
The transfer tax or user tax imposed by this article shall be collected
or paid and remitted to Chesterfield Township by the cannabis establishment
from the cannabis establishment purchasing or receiving the cannabis
or cannabis item. The transfer tax or user tax shall be stated, charged,
and shown separately on any sales slip, invoice, receipt, or other
statement or memorandum of the price paid or payable, or equivalent
value of the transfer, for the cannabis or cannabis item.
(2)
Every cannabis establishment required to collect a transfer tax or
user tax imposed by ordinance pursuant to this section shall be personally
liable for the transfer tax or user tax imposed, collected, or required
to be collected under this section. Any cannabis establishment shall
have the same right with respect to collecting the transfer tax or
user tax from another cannabis establishment as if the transfer tax
or user tax was a part of the purchase price of the cannabis or cannabis
item, or equivalent value of the transfer of the cannabis or cannabis
item, and payable at the same time; provided, however, that the Chief
Financial Officer of Chesterfield shall be joined as a party in any
action or proceeding brought to collect the transfer tax or user tax.
(3)
No cannabis establishment required to collect a transfer tax or user
tax imposed by this section shall advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the transfer tax or user tax will not be separately charged and
stated to another cannabis establishment, or that the transfer tax
or user tax will be refunded to the cannabis establishment.
(4)
All revenues collected from a transfer tax or user tax imposed by
ordinance pursuant to this section shall be remitted to the Chesterfield
Township Chief Financial Officer on a quarterly basis payable for
the prior three month's activities and due at the same time as
quarterly dates for the collection of property taxes. The revenues
due on February 1 of each year shall include all transfer taxes or
user taxes collected for the prior year months of October, November
and December. The revenues due on May 1 of each year shall include
all transfer taxes and user taxes collected for the immediate prior
months of January, February and March. The revenues due on August
1 of each year shall include all transfer taxes and user taxes collected
for the immediate prior months of April, May and June. The revenues
due on November 1 of each year shall include all transfer taxes and
user taxes collected for the immediate prior months of July, August
and September.
G.
Payment; vendor violations and penalties.
(1)
The Chief Financial Officer shall collect and administer any transfer
tax or user tax imposed to this section.
(2)
The Township shall enforce the payment of delinquent taxes or transfer
fees imposed pursuant to this section in the same manner as provided
for municipal real property taxes.
(3)
In the event that the transfer tax or user tax imposed by this section
is not paid as and when due by a cannabis establishment, the unpaid
balance, and any interest accruing thereon, shall be a lien on the
parcel of real property comprising the cannabis establishment's
premises in the same manner as all other unpaid municipal taxes, fees,
or other charges. The lien shall be superior and paramount to the
interest in the parcel of any owner, lessee, tenant, mortgagee, or
other person, except the lien of municipal taxes, and shall be on
a parity with and deemed equal to the municipal lien on the parcel
for unpaid property taxes due and owing in the same year.
(4)
The Township shall file in the office of its tax collector a statement
showing the amount and due date of the unpaid balance and identifying
the lot and block number of the parcel of real property that comprises
the delinquent cannabis establishment's premises. The lien shall
be enforced as a municipal lien in the same manner as all other municipal
liens are enforced.
