[HISTORY: Adopted by the City Council of the City of Vineland
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-13-2021 by Ord. No. 2021-42]
The statements of the preamble are incorporated herein as though
fully set forth at length.[1]
[1]
Editor's Note: Said preamble is on file in the City offices.
Cannabis establishments shall be permitted, within the City,
only if the following requirements are complied with:
A.
The regulations of this section are subject to the enabling authority
of the State of New Jersey and are subject to compliance with all
statutes and/or regulations adopted by the State of New Jersey or
its instrumentalities. If any provision of this section is inconsistent
with the statutes and/or regulations of the State of New Jersey, the
state statutes and/or regulations shall prevail.
B.
Prior to the operation of any cannabis establishment, a permit or
license must be obtained from the State of New Jersey and from the
City of Vineland for the applicable type(s) of cannabis establishment.
No cannabis establishment shall be permitted to operate without state
and municipal permits or licenses.
C.
Permitted uses shall, at all times, comply with the terms and conditions
of the licensee's cannabis establishment permits and licenses issued
by the State of New Jersey and the City of Vineland.
D.
Odor. Cannabis establishments shall have equipment to mitigate odor
utilizing best practices available during each licensed period to
assure odor is not a nuisance to the surrounding community. A building
for a cannabis establishment shall be equipped with, at the minimum,
a ventilation system with carbon filters sufficient in type and capacity
to mitigate cannabis odors emanating from the interior of the premises;
however, should a better filtration system be available, such new
system shall be utilized. Cannabis cultivation and manufacture facilities
shall include sealed room designs and air purifier systems among other
odor elimination methods to assure odor does not escape from the facility.
[Amended 12-27-2022 by Ord. No. 2022-89; 5-28-2024 by Ord. No. 2024-31]
E.
Noise. Outside generators and other mechanical equipment used for
any kind of power supply, cooling, or ventilation shall be enclosed
and have appropriate baffles, mufflers, and/or other noise-reduction
systems to mitigate noise pollution.
F.
Security. All cannabis establishments shall be secured in accordance
with State of New Jersey statutes and regulations; shall have a round-the-clock
video surveillance system, 365 days a year; and shall have trained
security personnel on-site at all times during operating hours.
G.
Hours. No cannabis retailer may open to customers for business before
8:00 a.m. or remain open to customers for business after 10:00 p.m.
H.
Prohibition in public places. Consumption of cannabis, and cannabis
products and items, in and by any form or manner, shall be prohibited
in any public place within the City of Vineland, "public place" being
defined in the City Land Use Ordinance,[2] as amended for medical and adult use cannabis, and as
defined in the Act,[3] as well as in the definition of "indoor public place"
set forth in N.J.S.A. 26:3D-57, and, notwithstanding any provisions
to the contrary, to include any place privately owned or operated
on a for-profit or nonprofit basis, which is generally accessible
to the public.
[1]
See the New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act, N.J.S.A. 24:6I-31 et seq.
The regulations of this article are subject to the enabling
authority of the State of New Jersey and are subject to compliance
with all statutes and/or regulations adopted by the State of New Jersey
or its instrumentalities, including the Cannabis Regulatory Commission.
If any provision of this article is inconsistent with state statutes
and/or regulations, the state statutes and/or regulations shall prevail.
A.
Licensing.
(1)
Local licensing authority.
[Amended 12-27-2022 by Ord. No. 2022-89
(a)
Governing body.
[1]
A City of Vineland Cannabis Advisory Committee (CAC) shall act
as the body for local review for the City of Vineland for all cannabis
establishments permitted herein; however, the authority to award,
suspend or revoke such license remains with the City Council. The
CAC shall advise the governing body and Mayor as to the issuance of
cannabis business licenses within the City and such review shall be
based upon the information contained in a request for proposals issued
by the governing body.
[3]
The committee shall be supported by the City Solicitor or Special
Council retained in accordance with City Code and Planning and Zoning
Offices. The Committee may request additional resources as necessary
to effectuate the responsibilities of the Committee.
[4]
No member of the CAC shall have any legal or equitable interest
or in any way be affiliated with or related to a New Jersey adult
use cannabis business or medical cannabis establishment or prospective
licensee.
(b)
Under no circumstances shall a local license for a cannabis
establishment issued by the governing body be effective until or unless
the state has issued the requisite permits or licenses to operate
such a facility. It is the intent of this article that no cannabis
establishment may lawfully operate in the City of Vineland without
the issuance of a state permit or license and full regulatory oversight
of the cannabis establishment by the Cannabis Regulatory Commission
or other authorized state licensing authority as well as oversight
and issuance of a license by the City.
(2)
Classification of licenses. The City, subject to land use approval
and state licensure, may issue the following municipal licenses to
operate a cannabis establishment:
(3)
Maximum number of licenses. The City may issue not more than five
Class I Cannabis Cultivator licenses; not more than five Class II
Cannabis Manufacturer licenses; not more than five Class III Cannabis
Wholesaler licenses; not more than five Class IV Distributor licenses;
not more than two Class V Cannabis Retailer licenses; and not more
than two Class VI Cannabis Delivery licenses. Licensure in all classes
may be, but are not required to be, held by the same entity or individual,
but an entity may not hold more than one Class V Cannabis Retailer
license. Any license conditionally issued by the City is not contingent
upon the locally licensed entity's or individual's subsequent receipt
of a state license or permit of the same class or type of regulated
cannabis activity. Under no circumstance shall a local permit or conditional
license for a cannabis establishment issued through the City be effective
until the state has issued the requisite license to operate such a
facility.
[Amended 12-27-2022 by Ord. No. 2022-89; 5-28-2024 by Ord. No. 2024-31]
B.
Persons or entities wishing to obtain any classification of cannabis
license shall file a license application with the CAC through the
Office of the Business Administrator, on standardized forms established
by the CAC and available in the Office of the Business Administrator
once the City has issued a request for proposal (RFP) of the unissued
and available licenses. The CAC shall establish a reasonable application
period and deadline for all applications and shall include sufficient
notice of the application period opening. The CAC may request proposals
for one or more licenses in their sole discretion. An application
shall be deemed incomplete and shall not be processed by the CAC until
all documents and application fees are submitted and approved by the
Solicitor or Special Counsel.
[Amended 12-27-2022 by Ord. No. 2022-89]
(1)
To
be deemed complete, all applications shall be accompanied by the following:
(a)
A nonrefundable application fee in the amount of $1,000 for
each type of license for which an application has been submitted.
(b)
A photocopy of a valid, unexpired drivers license or state-issued
identification card for all owners, directors and officers of the
proposed establishment.
(c)
A signed application (available in the Office of the Business
Administrator) which must include all of the following information
and documents:
[1]
If the applicant is an individual, the applicant's name, date
of birth, Social Security number, physical address, including residential
and any business address or addresses, copy of government-issued photo
identification, email address, one or more valid phone numbers including
emergency contact information; or
[2]
If the applicant is not an individual, the names, dates of birth,
physical address, including residential and any business address,
copy of government-issued photo identifications, email address, and
one or more phone numbers of each stakeholder of the applicant entity,
including designation of the highest ranking officer or representative
as an emergency contact person, contact information of the emergency
contact person, copy of articles of incorporation or organization,
assumed name registration, copy of Internal Revenue Service EIN confirmation
letter, copy of the operating agreement of the applicant if a limited
liability company, copy of the partnership agreement if a partnership,
names and addresses of the beneficiaries if a trust, or a copy of
the bylaws or shareholder agreement if a corporation, and New Jersey
Business Registration Certification.
(d)
The names addresses, phone numbers, emails addresses of three
professional references with whom the applicant (or highest ranking
representative if an entity) has or had professional business dealings
and a brief description of the professional relationship to the reference(s).
(e)
Consent to perform a background check/investigation by the City
of Vineland.
(f)
A description of the proposed establishment type with applicable
license class.
(g)
A copy of the odor mitigation plan.
(h)
A copy of the security plan.
(i)
Background of the applicant including past ownership interest
in a business operating in the State of New Jersey and experience
in the cannabis industry in this state or other states.
(j)
Area impact, including the proximity of the cannabis establishment
to properties zoned or used residentially and plans for litter control,
loitering, neighborhood outreach, noise mitigation, resident safety.
(k)
Financial investment including future expansion and proposed
capital investment, the applicant's ownership interest in the physical
location of the cannabis business and whether it is a minority-based
enterprise (MBE), women-based enterprise (WBE).
(l)
Business plan, financial plan and marketing and promotion plan.
(m)
For equitably owned and applicant-owned properties and/or structures:
[1]
If a parcel and/or existing structure/building is equitably
owned (e.g., where the applicant has a lease, option, land contract,
or other future interest in the property) and the owner is a person
or entity other than the applicant, the property owner's signature(s)
will be required in addition to that of the applicant.
[2]
For an existing structure or building, written consent for the
City to inspect the establishment and any time during normal business
hours to ensure compliance with applicable laws and regulations.
[3]
A location area map of the establishment and surrounding area
that identifies the relative locations and the distances (closest
property line to the subject cannabis establishment's building) to
the closest real property comprising a public or private pre-elementary,
elementary, vocational or secondary school, any house of worship,
public playground or park or governmental building.
[4]
A copy of all documents submitted by the applicant to the state
in connection with the application for a state operating license under
the CREAMM.
[5]
A copy of all documents issued by the state indicating that
the applicant has been prequalified or qualified for a state operating
license, including any correspondence granting a conditional license.
[6]
Projection for anticipated capital investments to be made in
the property/structure (if any) and the number of jobs to be created.
[7]
Submission of a security plan for the site and its operations
to be reviewed and approved by the Chief of Police servicing the City.
[8]
Submission of an odor mitigation plan and strategy.
[9]
Existence and names of currently licensed cannabis facilities
in New Jersey and other states and a history of compliance with applicable
regulations.
(n)
Host community agreement. All licensees shall execute a host
community agreement. All applicants shall propose a host community
agreement considering the following factors:
[1]
Employee outreach for jobs within the City of Vineland and factors
in recruitment for most qualified candidates.
[2]
Traffic and crowd management strategies including police coverage
for activities during peak hours.
[3]
Assistance in community support, public outreach and municipal
sponsored educational programs.
[4]
Community impact fees and an outline of the benefits the applicant
will provide to the city should a license be issued.
[5]
Odor mitigation plan to include types of filtration systems,
building interior and exterior odor controls.
[6]
Security systems including monitoring systems and interaction
with police.
(2)
The applicant shall submit all annual registration fees required
in accordance with the following fee schedule, which shall be paid
upon the receipt of a license approval:
(a)
Class I: $15,000 per year cannabis cultivator license.
(b)
Class II: $15,000 per year cannabis manufacturer license.
(c)
Class III: $15,000 per year cannabis wholesaler license.
(d)
Class IV: $15,000 per year cannabis distributor license.
(e)
Class V: $15,000 per year cannabis retailer license.
(f)
Class VI: $15,000 per year cannabis delivery license.
[Added 5-28-2024 by Ord. No. 2024-31]
(3)
An applicant shall remit a fee of 10% of the sale of the license
or $10,000, whichever is greater for any transfer of a license provided
the transfer is authorized by the state and any transferee shall first
execute an assignment of the community host agreement in effect for
the transferor.
C.
Evaluation and award.
[Amended 12-27-2022 by Ord. No. 2022-89]
(1)
All applicants shall submit their proposal and shall make a presentation
in person to the CAC. The CAC reserves the right to schedule a public
meeting with the applicant to consider the application and proposal.
The CAC shall consider the application, proposal submitted as well
as the proposed terms of a host community agreement including at least
the specified terms and conditions contained herein as well as any
other matter the applicant wishes the CAC to consider.
(2)
Each member of the CAC shall grade the submissions utilizing a 100
point total. Each member shall grade the submissions based upon the
number of points they feel are appropriate in each category or item
in their sole discretion and the applicant with the most overall points
shall be recommended to the governing body which may accept or reject
the recommendations. Should they reject the recommendations, the reasons
for such rejection shall be placed upon the record by way of a resolution
outlining the reasons for the same.
(3)
Notwithstanding the RFP process herein above specified, a notification
of a conditional municipal license award shall entitle the recipient
applicant to pursue a state annual license in the requisite license
classification. Such conditional municipal license approval shall
remain valid for not more than 12 months, which may be extended for
an additional three months for good cause in the governing body's
sole discretion. No cannabis business may operate unless they have
received a state annual license, executed a host community agreement,
satisfied all other prerequisites of the municipal license and obtained
a CO or TCO for the improvements.
D.
Term of license and license renewals.
(1)
Any local license issued pursuant to this article shall be valid
for a period of one year from the date of issuance and shall be renewed
in accordance with the provisions of this article.
(2)
The governing body may, at its discretion, adjust the renewal date
of the local license to correlate with an applicant's state licensing
and renewal schedule.
[Amended 12-27-2022 by Ord. No. 2022-89]
(3)
Renewal of any license shall be governed by any code amendments,
additional restrictions or changes in regulations adopted since the
previous license was issued or renewed.
(4)
Any change of location of any license or modification to expand a
licensed premises shall be subject to City Planning review and zoning
approval.
(5)
Except where the governing body has received a complete renewal application
along with the requisite fees, and has issued a license renewal, it
shall be unlawful for any person to manufacture, sell, distribute,
transfer, transport, or otherwise remove cannabis or cannabis products
from the premises of any license after the expiration date recorded
on the face of the license.
[Amended 12-27-2022 by Ord. No. 2022-89]
[Added 12-27-2022 by Ord. No. 2022-89]
A.
An application for renewal of a cannabis business municipal license
shall be filed with the Office of the Business Administrator at least
60 calendar days prior to the expiration date of the current license.
Failure to do so may result in a denial of a license renewal. Said
time may be extended in the sole discretion of the Business Administrator
upon the payment of a late fee to cover the expedited service resulting
from the late filing.
B.
The applicant for renewal shall pay a nonrefundable review fee of
$1,000. If the applicant files for renewal after the sixty-day requirement
but within 30 days thereafter, the applicant shall pay an additional
$500 late fee. If the applicant files a renewal not less than 10 days
before the expiration date and up to 30 days from the renewal date,
the applicant shall pay an additional $1,000 late fee. No application
for renewal shall be considered less than 10 days before the expiration
of the license and said license shall be revoked.
C.
An applicant for renewal of a cannabis license may be rejected or
denied by the City Council for any of the following:
(1)
The cannabis business has failed to file its application within the
prescribed time frame.
(2)
The cannabis business license is suspended or revoked at the time
of application.
(3)
The cannabis business has not been current in property taxes, water,
electric, sewer, local taxes or use fees.
(4)
The cannabis business has failed to conform to the requirements of
any state or local laws or regulations.
(5)
The cannabis business fails or is unable to maintain or renew its
State of New Jersey cannabis license.
(6)
The cannabis business fails to maintain or implement security measures
as approved by the Vineland Police Department.
(7)
The cannabis business fails to comply with any of the terms of the
host community agreement.
(8)
The cannabis business is the subject of three or more phone complaints
or written complaints, ordinance violations including but not limited
to consumption of cannabis products at or near the business establishment,
odor complaints where odor mitigation plan is not followed, noise
ordinance violations, loitering, disorderly conduct or similar nuisance
activities at or near the premises.
D.
If a renewal application is rejected, no new application may be filed
by the previous license holder for a period of not less than two years
from the date of the notice of rejection or denial.
[Added 12-27-2022 by Ord. No. 2022-89]
A.
Requests for a reconsideration of a denial of a renewal of a cannabis
license shall be made in writing to the Business Administrator not
more than 20 days from the date on the notice of denial with the payment
of a hearing fee of $500 to cover the cost of said hearing.
B.
The written request shall set forth the basis upon which the cannabis
business believes the rejection or denial was improper or in error
along with any supporting documentation or the materials to be considered
along with the names of the person or persons representing the cannabis
business and or giving testimony. Formal rules of evidence applicable
to the courts of the State of New Jersey shall not apply to the reconsideration
hearing.
C.
Upon written request for a hearing in accordance herewith, the Business
Administrator shall schedule a hearing before City Council at a regular
or special meeting not more than 60 days from the date the written
request was received by the Business Administrator. The City shall
send a notice of the date and time of the hearing which shall take
place in the Council Chambers at City Hall, 640 E. Wood Street, Vineland,
New Jersey.
D.
Upon the conclusion of the hearing, the City Council may affirm,
reverse or modify the prior decision, including, without limitation,
placing special conditions and/or restrictions upon the issuance of
the license to address the reasons for the initial denial.
[Added 12-27-2022 by Ord. No. 2022-89]
The cannabis business holding a license issued by the City shall,
as a term of the license, permit representatives of the City Police,
Fire, Code Enforcement, Zoning, Construction, License and Inspections
and other Code Enforcement Officers to perform inspections to assure
compliance with all state and local laws.
[Added 12-27-2022 by Ord. No. 2022-89]
A.
Any license holder, person, firm or legal entity violating any portion
of this article, upon a plea of guilty or a finding of guilty in the
Vineland Municipal Court for a first offense shall be subject to a
fine of not less than $250 and not more than $500.
B.
Any license holder, person, firm or legal entity violating any portion
of this article, upon a plea of guilty or a finding of guilty in the
Vineland Municipal Court for a second or subsequent offense shall
be subject to a fine of not less than $1,000 and not more than $5,000.
C.
Each day a violation is committed or continues shall be considered
a separate offense subject to a per diem fine as listed above for
first, second or subsequent offense.
D.
Notwithstanding the terms as set forth herein above, should the City
have reasonable grounds to believe the licensee has engaged in deliberate
and/or willful violation of any applicable laws or regulation or that
the public health, safety and/or welfare has or will be jeopardized
and requires emergency action, the City Council may issue a temporary
summary suspension order for the immediate suspension of the license
and notice to the Cannabis Regulatory Commission pending further investigation.
(1)
The temporary summary suspension shall be in writing and served on
the license holder at their place of business and shall state the
reasons therefor.
(2)
The CAC shall hold a hearing scheduled within seven days of the date
of the temporary suspension order and the license holder shall be
presented with testimony regarding the suspension and afforded an
opportunity to be heard and present testimony and documents to be
considered in the hearing.
(3)
The CAC shall review the matter and recommend to City Council whether
a full suspension of the license is warranted as well as any fine,
condition, restriction or combination thereof is authorized. The City
Council may affirm, amend or deny any recommendation.
E.
The City may revoke any license issued should the licensed cannabis
business be inactive for a period of not less than six months.
F.
The City shall suspend or revoke any licensed cannabis business if
the corresponding state license for the subject location is expired,
surrendered, suspended or revoked.
