[HISTORY: Adopted by the Township Committee of the Township
of Commercial 8-19-2021 by Ord.
No. 2021-606. Amendments noted where applicable.]
The Statements of the Preamble[1] are incorporated herein as though fully set forth at length.
[1]
Editor's Note: See the beginning statements of Ord. No. 2021-606.
Cannabis establishments (as defined in the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act, N.J.S.A. 24:6I-31 et seq.) shall be permitted, within the Township,
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 by the State of New Jersey and from the Township
of Commercial for the applicable type(s) of cannabis establishment.
No cannabis establishment shall be permitted to operate without state
licenses.
C.
Permitted uses shall, at all times, comply with the terms and conditions
of the licensee's cannabis establishment permits and license
issued by the State of New Jersey and the Township of Commercial.
D.
Odor. Cannabis establishment shall have equipment to mitigate odor.
A building for a cannabis establishment shall be equipped with a ventilation
system with carbon filters sufficient in type and capacity to mitigate
cannabis odors emanating from the interior of the premises.
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 the 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 Township of Commercial, “public place” being defined in Chapters 78, 137, 205, and 275 of this Code, as amended for medical- and adult-use cannabis, as well as in the definition of "indoor public place" set forth in N.J.S.A. 26:3D-57, and, not withstanding 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The regulations of this chapter 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 chapter is inconsistent with state statutes
and/or regulations, the state statutes and/or regulations shall prevail.
A.
Local licensing authority.
(1)
The Township Business Committee (the "Committee") is hereby designated
to act as the local licensing authority for the Township for all cannabis
establishments. Under all circumstances in which state law requires
communication to the Township by the Cannabis Regulatory 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 for receiving such communications and obtaining/granting,
such approvals shall be exercised by the Committee.
(2)
Under no circumstances shall a local license for a cannabis establishment
issued by the Administrator 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 chapter that no cannabis establishment may
lawfully operate in the Township of Commercial without the issuance
of a state permit or license and full regulatory oversight of the
Cannabis Regulatory Commission or other authorized state licensing
authority as well as oversight and issuance of a license by the Township.
B.
Classification of licenses. The Township, subject to land use approval
and state licensure, may issue the following municipal licenses to
operate a cannabis establishment:
C.
Maximum number of licenses. The Township may issue an unlimited number
of Class I, II, III, IV, and VI Cannabis licenses, and two Class V
Retail Cannabis license in connection with a current state/city-permitted
medical or recreation cannabis dispensary. Licensure in all classes
may be, but is not required to be, held by the same entity or individual,
but an entity may not hold more than one cannabis retailer license.
Any license conditionally issued by the Township is contingent upon
the locally licensed entities or individual's subsequent receipt of
a state permit or license of the same class or type of regulated cannabis
activity.
[Amended 11-16-2023 by Ord. No. 2023-621]
Persons wishing to obtain any classification of cannabis license
shall file a license application with the Township Committee on a
standardized form established by the Committee and available in the
Clerk's office. The Committee shall establish a reasonable application
period and deadline for all applications. An application shall be
deemed incomplete and shall not be processed by the Committee until
all documents and application fees are submitted. To be deemed complete,
all applications shall be accompanied by the following:
A.
The applicant shall submit proof that the applicant has or will have
lawful possession of the premises, indicating an intent to lease the
premises to the applicant contingent upon successful licensing.
B.
The applicant shall submit an affidavit and documentary proof of
compliance with all the state and local laws regarding affirmative
action, anti-discrimination 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.
C.
The location proposed for licensing by the applicant shall comply
with all applicable municipal zoning laws and the location restrictions
set forth in or otherwise to be established pursuant to this chapter
or other controlling law.
D.
The applicant shall submit, to satisfaction of the Administrator,
proof of financial capability to open and operate the cannabis establishment
for which the applicant is seeking a license. Standards for proof
of financial capability shall be determined by the Administrator.
E.
The applicant shall submit all required nonrefundable fees for the
application and conditional license in accordance with the following
fee schedule:
F.
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:
(1)
Class I: $15,000 per year Cannabis Cultivator License.
(2)
Class II: $15,000 per year Cannabis Manufacturing License.
(3)
Class III: $15,000 per year Cannabis Wholesaler License.
(4)
Class IV: $15,000 per year Cannabis Distributor License.
(5)
Class V: $15,000 per year Cannabis Retailer License.
(6)
Class VI: $15,000 per year Cannabis Delivery License.
In addition to complying with any state requirement related
to good character and criminal background, any person proposed to
have an ownership interest in the license shall not have had any cannabis
license or permit revoked for a violation affecting public safety
in the State of New Jersey or a subdivision thereof within the preceding
five years.
A.
The applicant and the application shall otherwise comply with any
and all qualification standards set forth in the state and Township
laws or regulations.
B.
In the event there are multiple applicants for a license, the Committee
shall evaluate all applicants and issue a notification of award after
consideration and evaluation in accordance with the state-permitted
criteria and ranking, under criteria that include:
(1)
Applicant's, owners' or principals' qualifications
and experience operating in highly regulated industries, including
cannabis, health care, pharmaceutical manufacturing, and retail pharmacies,
with preference to experience operating such businesses within the
State of New Jersey and where the value of the owners' experience
shall outweigh the experience of non-owner principals;
(2)
Applicant's qualifications and experience related to public
safety and security, including any of the applicant's, owners'
or principals' experience in law enforcement and drug enforcement,
and a summary of the applicant's plans for storage of products
and currency, physical security, video surveillance, security personnel,
and visitor management;
(3)
Applicant's or its owners' experience conducting or supporting
or plans to conduct institutional review board-approved research involving
human subjects that is related to medical cannabis or substance abuse,
where the value of past or ongoing clinical research shall outweigh
plans to conduct such research, and whether the applicant has a research
collaboration or partnership agreement in effect with an accredited
U.S. school of medicine or osteopathic medicine with experience conducting
cannabis-related research;
(4)
Applicant's or its owners' demonstrated commitment or sufficient
experience as responsible employers, defined as the applicant entity
being a party to a labor peace agreement or the applicant entity or
its parent company being a party to a collective bargaining agreement
in the regulated cannabis industry for at least one year prior to
application for a Cannabis Establishment license, in an effort to
create well-paying jobs with employee benefits in the municipality;
(5)
Summary of the applicant's environmental impact and sustainability
plan; whether the applicant entity or its parent company has any recognitions
from or registrations with federal or New Jersey State environmental
regulators for innovation in sustainability; and whether the applicant
entity or its parent company holds any certification under international
standards demonstrating the applicant has an effective environmental
management system or has a designated sustainability officer to conduct
internal audits to assess the effective implementation of an environmental
management system;
(6)
Applicant's ties to the host community, demonstrated by at least
one shareholder's proof of residency in Commercial Township for
one or more years in the past five years or at least one shareholder's
continuous ownership of business based in Commercial Township for
three or more years in the past 10 years; and
(7)
Applicant's demonstrated commitment to diversity in its ownership
composition and hiring practices and whether the applicant entity
or its parent company holds any certifications as a NJ minority-owned,
women-owned, or veteran-owned business.
Term of license and license renewals.
A.
Any local license issued pursuant to this chapter 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 chapter.
B.
The Committee may, at its discretion, adjust the renewal date of
the local license to correlate with an applicant's state licensing
and renewal schedule.
C.
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.
D.
Any change of location of any license or modification to expand a
licensed premises shall be subject to Township Planning review and
zoning approval.
E.
Except where the Committee 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.
