[Adopted 11-22-2022 by Ord. No. 22-25]
The Borough of Glassboro hereby declares its acceptance of N.J.S.A. 24:6I-1 et seq., entitled "Jake Honig Compassionate Use Medical Cannabis Act" (hereinafter referred to as the "Act").
Pursuant to N.J.S.A. 24:6I-10, the Borough of Glassboro hereby adopts this article imposing a transfer tax on any medical cannabis dispensed by any dispensary located within the Borough, including medical cannabis that is furnished by the dispensary to a medical cannabis handler for delivery to a registered qualifying patient or the patient's caregiver.
The Borough of Glassboro hereby establishes a 2% gross rate of a transfer tax of the purchase price of the medical cannabis sold at a licensed medical cannabis alternative treatment centers as defined by the Act located in the Borough and also require medical alternative treatment centers to make an annual prepayment of such 2% sales tax equal to an alternative treatment center's annual (twelve-month period) projected gross revenue (as defined by N.J.S.A. 40A:20-3) of cannabis to be sold at such alternative treatment center.
The Borough and the alternative treatment center will complete a reconciliation of projected annual gross revenue against actual annual gross revenue (as defined by N.J.S.A. 40A:20-3), at which time the actual amount due pursuant to the above will be deducted from initial prepayment made by an alternative treatment center. The remainder of prepayment (to the extent such remainder exists) will be used to cover future taxes owed by an alternative treatment center pursuant to this section.
The Borough and the alternative treatment center shall enter into any sales and use tax agreements as may be required by New Jersey law.
A. 
All cannabis tax imposed by this chapter shall be remitted to the Chief Financial Officer of the Borough of Glassboro on a quarterly basis payable for the prior three months' 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 cannabis taxes collected for the prior year months of October, November and December. The revenues due on May 1 of each year shall include all cannabis taxes collected for the immediate prior months of January, February and March. The revenues due on August 1 of each year shall include all cannabis taxes collected for the immediate prior months of April, May and June. The revenues due on November 1 of each year shall include all cannabis taxes collected for the immediate prior months of July, August and September.
B. 
Simultaneous with payment of the cannabis tax, the licensee shall submit an affidavit signed by an individual who is responsible for the licensee that certifies the total receipts from each sale so that an accurate calculation of the cannabis tax due may be determined.
C. 
The Borough shall enforce the payment of delinquent cannabis taxes imposed pursuant to this chapter in the same manner as provided for municipal real property taxes. In the event that the cannabis tax imposed by this chapter 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. The Borough shall file in the office of the 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.
D. 
Upon written request of the Borough, a cannabis establishment shall submit an auditor's report for the preceding fiscal or calendar year, certified by a certified public accountant, to the Borough of Glassboro. The auditor's report shall include, but not be limited to, all receipts generating cannabis taxes, and such details as may relate to the financial affairs of the cannabis establishment and to its operations and performance, and shall be prepared in a manner consistent with the current standards of the Financial Accounting Standards Board. Said auditor's report shall be submitted to the representatives of the Borough within 30 days of receipt by the cannabis establishment of the Borough's request for said auditor's report.