[Adopted 11-3-2022 by Ord. No. 2022-19]
A.
Purpose. This article has been adopted by the Township Committee
of the Township of Andover for the following purposes:
(1)
To protect the public health, safety, and general welfare of the
residents of the Township of Andover by establishing strict licensing
limits and regulations on the lawful sale and use of legal cannabis
to persons age 21 years or older only, and at all times in conformity
with the laws of the State of New Jersey, including, without limitation,
the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act (the "Act"), the rules and regulations of the New
Jersey Cannabis Regulatory Commission (the "Commission" or "CRC"),
and the Township Code, as may be amended from time to time hereafter.
(2)
To regulate the local licensing and operation of licensed cannabis
establishments, each as defined in N.J.S.A. 24:6I-33 of the Act, to
protect against the unlawful operation, sale, and use of cannabis
and marijuana.
(3)
To establish certain conditions and limitations on the number of
cannabis licenses authorized to be issued within the municipal boundaries
of the Township through the local licensing process.
(4)
To establish local regulations on the time, location and manner of
licensed cannabis establishments and activities in accordance with
state law.
(5)
To prohibit the operation of any cannabis delivery service from within
the Township.
(6)
To establish limitations on the number and types of cannabis establishment
licenses and cannabis marketplace activities.
B.
Applicability. The provisions herein shall apply to all licensees,
persons, organizations and businesses operating and/or seeking to
operate within the Township as any class of licensed cannabis establishment
pursuant to the Act.
This section defines terms and phrases as necessary to implement
the annual license for cannabis establishments to operate in the Township.
Should any of the definitions in this section conflict with definitions
located elsewhere in the Andover Township Municipal Code, the definitions
contained herein shall control for purposes of this section. If a
word, term, or phrase is defined neither in this section nor elsewhere
in the Andover Township Municipal Code, the most common dictionary
definition is presumed to be correct.
The New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act, P.L. 2021, c. 16, N.J.S.A. 24:6I-31
et seq., as may be amended from time to time in accordance with state
law.
An organization issued a permit, conditional permit, and/or
a vertically integrated permit pursuant to the Jake Honing Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.)
to operate as a medical cannabis cultivator, medical cannabis manufacturer,
medical cannabis dispensary or clinical registrant prior to February
22, 2021; and includes any alternative treatment center deemed pursuant
to Section 7 of the Jake Honing Compassionate Use Medical Cannabis
Act (N.J.S.A. 24:26I-7) to concurrently hold a medical cannabis cultivator
permit, a medical cannabis manufacturer permit, and a medical cannabis
dispensary permit and/or any alternative treatment center deemed to
concurrently hold any one or more class(es) of cannabis licensed marketplace
license(s) pursuant to P.L. 2021, c. 16, § 33, N.J.S.A.
24:6I-46, and P.L. 2021, c. 16, § 34, amending N.J.S.A.
24:6I-7.
A Cannabis Regulatory Commission licensed cannabis entity
applying to the Township for a local annual license to operate within
the Township.
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds and/or flower 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, known as the "New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act," products as set forth
in this act, but shall not include the weight of any other ingredient
combined with cannabis to prepare topical or oral administrations,
food, drink, or other product. "Cannabis" does not include medical
cannabis dispensed to registered qualifying patients pursuant to the
Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307
(N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A: 40-12.22
et seq.); marijuana as defined in N.J.S.A. 2C:35-47-2 and applied
to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of
the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et
seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A.
24:21-2) and applied to any offense set forth in the New Jersey Controlled
Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.);
or hemp or a hemp product cultivated, handled, processed, transported,
or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c.
238 (N.J.S.A. 4:28-6 et seq.).
A person 21 years of age or older who purchases, directly
or through a cannabis delivery service, acquires, owns, holds, or
uses cannabis items for personal use by a person 21 years of age or
older, but not for resale to others.
A "cannabis consumption area" as defined under § 3,
N.J.S.A. 24:6I-33, of the Act.
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, 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. "Cannabis cultivators" refers to those uses and activities
that require issuance and possession of a valid current Class 1 cannabis
cultivator license from the New Jersey Cannabis Regulatory Commission
and from the Township of Andover in accordance with the Act, the regulations
promulgated by the Cannabis Regulatory Commission and the local ordinances
of the Township.
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. "Cannabis delivery service" refers to those uses
and activities that require issuance and possession of a valid current
Class 6 cannabis delivery license from the Cannabis Regulatory Commission
in accordance with the Act and the regulations promulgated by the
Cannabis Regulatory Commission.
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. "Cannabis distributors" refers to those uses and activities
that require issuance and possession of a valid current Class 4 cannabis
distributor license from the New Jersey Cannabis Regulatory Commission
and the Township of Andover in accordance with the Act, the regulations
promulgated by the Cannabis Regulatory Commission and the local ordinances
of the Township.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis distributor, or a cannabis retailer as defined
under the Act.
Any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin available for lawful consumption pursuant
to the New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act, P.L. 2021, c. 16 (N.J.S.A. 24:6I-31
et seq.). "Cannabis item" does not include any form of medical cannabis
dispensed to registered qualifying patients pursuant to the Jake Honig
Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.);
or hemp or a hemp product cultivated, handled, processed, transported,
or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c.
238 (N.J.S.A. 4:28-6 et seq.)
A license issued under relevant state law, including a license
that is designated as either a:
The term shall also include a conditional license for any one
or more of the above designated class(es) except when the context
of the provisions of relevant state law otherwise intend to only apply
for a license and not a conditional license.
The term shall also include any activity related to cannabis
cultivation, cannabis manufacturing, cannabis wholesale, cannabis
distribution, cannabis retail and/or cannabis delivery service by
a preexisting alternative treatment center deemed to concurrently
hold any one or more class(es) of the above-listed cannabis license(s)
pursuant to P.L. 2021, c. 16, § 33, N.J.S.A. 24:6I-46, and
P.L. 2021, c.16, § 34, of the Act, amending N.J.S.A. 24:6I-7;
but shall not include the preexisting alternative treatment's
activities related to medical cannabis cultivation, medical cannabis
manufacturing, medical cannabis processing and/or medical cannabis
dispensing by a preexisting medical cannabis alternative treatment
center pursuant to a license or conditional licensed issued by the
State of New Jersey pursuant to the Jake Honing Compassionate Use
Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.)
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.).
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.
"Cannabis manufacturer" refers to those uses and activities that require
issuance and possession of a valid current Class 2 cannabis manufacturer
license from the New Jersey Cannabis Regulatory Commission and the
Township of Andover in accordance with the Act, the regulations promulgated
by the Cannabis Regulatory Commission, and the local ordinances of
the Township.
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:
The administrative agency of the State of New Jersey established
pursuant to Section 31 of P.L. 2019, c. 153, N.J.S.A. 24:6I-24, to
review and approve or deny applications and issue licenses to operate
as a cannabis establishment or cannabis delivery service at the state
level independent of the Township's local license regulations
established by ordinance.
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. "Cannabis
retailer" refers to those uses and activities that require issuance
and possession of a valid current Class 5 cannabis retailer license
from the New Jersey Cannabis Regulatory Commission in accordance with
the Act and the regulations promulgated by the Cannabis Regulatory
Commission.
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. "Cannabis wholesaler" refers to those uses and activities
that require issuance and possession of a valid current Class 3 cannabis
wholesaler license from the New Jersey Cannabis Regulatory Commission
and from the Township of Andover in accordance with the Act, the regulations
promulgated by the Cannabis Regulatory Commission and the local ordinances
of the Township.
The act of ingesting, inhaling, or otherwise introducing
medical cannabis items and/or cannabis items into the human body.
The transportation of cannabis, cannabis items and related
supplies to a consumer. "Delivery" shall also mean the use by a licensed
cannabis retailer of any third-party technology platform to receive,
process, and fulfill orders by consumers, which third party shall
not be required to be a licensed cannabis establishment, distributor,
or delivery service, provided that any physical acts in connection
with fulfilling the order and delivery shall be accomplished by a
certified cannabis handler performing work for or on behalf of the
licensed cannabis retailer, which includes a certified cannabis handler
employed or otherwise working on behalf of a cannabis delivery service
making off-premises deliveries of consumer purchases fulfilled by
that cannabis retailer.
A structurally enclosed place of business, commerce or other
service-related activity, whether publicly or privately owned or operated
on a for-profit or nonprofit basis, which is generally accessible
to the public, including, but not limited to, a commercial or other
office building; office or building owned, leased or rented by the
state or by a county or municipal government; public and nonpublic
elementary or secondary school building; board of education building;
theater or concert hall; public library; museum or art gallery; bar;
restaurant or other establishment where the principal business is
the sale of food for consumption on the premises, including the bar
area of the establishment; garage or parking facility; any public
conveyance operated on land or water, or in the air, and passenger
waiting rooms and platform areas in any stations or terminals thereof;
health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A.
26:2H-1 et seq.); patient waiting room of the office of a health care
provider licensed pursuant to Title 45 of the Revised Statutes; child-care
center licensed pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et
seq.); race track facility; facility used for the holding of sporting
events; ambulatory recreational facility; shopping mall or retail
store; hotel, motel or other lodging establishment; apartment building
lobby or other public area in an otherwise private building; or a
passenger elevator in a building other than a single-family dwelling.
A licensed cannabis establishment or a licensed medical marijuana
facility as defined in this section.
A duly licensed cannabis cultivator, a cannabis manufacturer,
a cannabis wholesaler, a cannabis distributor, or a cannabis retailer
under the New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act, N.J.S.A. 24:6I-31 et seq.
A duly licensed medical cannabis cultivator, a duly licensed
medical cannabis manufacturer, a duly licensed cannabis dispensary,
or an alternative treatment center lawfully operating pursuant to
the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1
et seq.
A person or entity that holds a valid local annual cannabis
license issued by the Township pursuant to this Code and simultaneously
holds a valid license issued by the Cannabis Regulatory Commission
under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), including a license
that is designated as either a Class 1 cannabis cultivator license,
a Class 2 cannabis manufacturer license, a Class 3 cannabis wholesaler
license, a Class 4 cannabis distributor license, and also includes
a person or entity that holds a conditional license for a designated
class; a person or entity holding a preexisting medical cannabis cultivator
license, preexisting alternative treatment center permit first issued
by the State of New Jersey, Department of Health, Division of Medicinal
Marijuana, in accordance with the provisions of the Jake Honing Compassionate
Use Medical Cannabis Act (P.L. 2009, c. 307, N.J.S.A. 24:6I-1 et seq.,
and P.L. 2015, c. 158, N.J.S.A. 18A:40-12.22 et seq.) prior to February
22, 2021, and approved by the Township to hold a concurrent municipal
license to operate as a Class 1 cannabis cultivator, Class 2 cannabis
manufacturer, Class 3 cannabis wholesaler and/or Class 4 cannabis
distributor in accordance with the provisions hereinafter and P.L.
2021, c. 16, § 33, N.J.S.A. 24:6I-46, and P.L. 2021, c.
16, § 34, (amending N.J.S.A. 24:6I-7) of the Act.
An annual license issued by the Township of Andover which
a licensed cannabis establishment shall be required to obtain in order
to lawfully operate within the jurisdictional boundaries of the Township
in accordance with the Township's ordinances and P.L. 2021, c.
16, § 31C(2), N.J.S.A. 24:6I-45C(2), in addition to a valid
and current license separately issued by the Cannabis Regulatory Commission
at the same license class and tier for the same location.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products, cannabis items, or cannabis resins.
"Manufacture" does not include packaging or labeling.
Any vehicle, wagon, food truck, temporary modular structure,
or other movable structure that may be used for sale of cannabis items.
The purchase, sale, possession, and/or consumption of cannabis
items by person(s) who are not a registered qualifying patient under
the Jake Honing Compassionate Use Medical Cannabis Act, P.L. 2009,
c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A.
18A: 40-12.22 et seq.).
The following areas of a location licensed under P.L. 2021,
c. 16 (N.J.S.A. 24:6I-31 et seq.): all public and private enclosed
areas at the location that are used in the business operated at the
location, including offices, kitchens, restrooms, and storerooms;
all areas outside a building that the Cannabis Regulatory Commission
has specifically licensed for the production, manufacturing, wholesaling,
distributing, retail sale, or delivery of cannabis items; and, for
a location that the Commission has specifically licensed for the production
of cannabis outside a building, the entire lot or parcel that the
licensee owns, leases, or has a right to occupy.
Any place to which the public has access that is not privately
owned, including but not limited to any property owned by the Township
of Andover, the County of Sussex, and/or any other government subdivision
of the State of New Jersey situated within the geographic boundaries
of the Township; or any place to which the public has access, including,
but not limited to, a public street, road, thoroughfare, sidewalk,
bridge, alley, plaza, park, playground, swimming pool, shopping area,
public transportation facility, vehicle used for public transportation,
parking lot, public library, or any other public building, structure,
or area.
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
A.
Pursuant to Section 31 of the Act (N.J.S.A. 24:6I-45b), Class 5 cannabis
retail is prohibited within the geographic boundaries of the Township
of Andover, outside of the limited geographic area established by
the Route 206 Redevelopment Plan, as approved by the Township Committee
via Ordinance No. 2022-18, which plan permits Class 5 cannabis retail
as a permitted use in a limited portion of the redevelopment area.
B.
Pursuant to Section 31 of the Act, N.J.S.A. 24:6I-45b, the operating
premises/principal location of any cannabis delivery service, including
any New Jersey licensed Class 6 cannabis delivery service, is prohibited
from being located within the geographic boundaries of the Township
of Andover, and no local licenses shall be authorized to be issued
for same. Nothing herein shall be construed to prohibit the transport
or delivery of cannabis items and related supplies within the Township
by a New Jersey licensed Class 6 cannabis delivery service on private
property to a consumer of 21 years of age or older for personal use
from the licensed premises of a Class 6 cannabis delivery service
located outside the geographic boundaries of the Township in accordance
with the Act and the regulations of the Commission.
C.
Pursuant to Section 32 of the Act, N.J.S.A. 24:6I-21, all cannabis
consumption areas are prohibited from being located or otherwise operated
within the geographic boundaries of the Township of Andover.
A.
The following number and type of Township establishment licenses,
otherwise known as "local annual cannabis license," is/are authorized
to be available for issuance by the Township on an annual basis pursuant
to the Act and the regulations of the Commission and the Township
Code, first commencing August 22, 2021:
(1)
Five Class 1 cultivators, five Class 2 manufacturers, five Class
3 wholesalers, five Class 4 distributors, and an unrestricted number
of Class 5 retailers holding the requisite current valid and active
permits issued by the Commission in accordance with the Act, which
authorizes the entities to cultivate and process, manufacture, wholesale,
distribute, and sell to retail consumers cannabis, respectively, in
accordance with the Township Code, and the Act and the regulations
of the Commission, as may hereafter be amended. At no time shall such
local annual license be transferable from the initial licensee to
another entity without prior formal licensing approval from the Commission
and the Township.
B.
Except as provided in Subsection A(1) above, no additional licenses or license class types shall be issued or otherwise made available by the Township except by formal adoption of an ordinance amending the provisions of the Township Code herein.
C.
Any person, organization and/or business, including a licensed cannabis
establishment or operation of limited class type operating outside
the scope of a license, found to engage in the cultivation, manufacturing,
wholesale, distribution, and/or retail sale of cannabis or cannabis
items without first possessing a valid local annual cannabis license
issued by the Township shall be subject to a civil fine and penalty
as set forth hereinbelow.
D.
Any person, organization and/or business found to operate a cannabis
delivery service from any premises within the geographic boundaries
of the Township shall be subject to a civil fine and penalty as set
forth hereinbelow.
A.
Prior to commencing and engaging in any cannabis business activities
and uses within the Township permitted by the Commission pursuant
to a state-issued Class 1, 2, 3, 4, or 5 license validly issued in
accordance with the Act, any person, business, and/or organization
shall first apply for and secure from the Township a local annual
cannabis license; except that nothing herein shall be read or construed
to conflict with the statutory provisions as to cannabis delivery
services licensed by the Cannabis Regulatory Commission.
B.
The Township Committee shall begin accepting applications for Class
1, 2, 3, 4, or 5 local annual cannabis licenses 15 days following
final passage of this article.
C.
The initial local annual cannabis license shall be valid until December
31, 2022. Thereafter, the period of each annual local cannabis establishment
license shall commence on January 1 and expire on December 31 of the
calendar year.
D.
By no later than December 1 of any existing license year, the licensee
shall be required to file an application for the renewal of a local
annual cannabis license to be authorized to continue operation as
a Class 1, 2, 3, 4, or 5 cannabis establishment within the Township.
E.
All local annual cannabis licenses shall be conditional and shall
remain subject to all state and local laws and regulations. Failure
of any licensee to comply with such applicable laws shall be grounds
for revocation and/or nonrenewal of the local annual cannabis license
by the Township Committee.
F.
The initial application fee for each local annual cannabis license,
of each class-type, shall be $5,000 and the renewal application fee
shall be $2,500. In addition, an escrow shall be established with
the Township by the licensee for Township administrative and professional
fees and costs relating to the application and oversight during the
term of the license.
G.
Unless the Township issues a license renewal, it shall be unlawful
for any person to manufacture, sell, distribute, transfer, transport,
or otherwise remove cannabis or cannabis products/items from the premises
of any cannabis establishment after the expiration date recorded on
the face of the license.
H.
All local annual cannabis licenses shall be nontransferrable. All
local annual cannabis licenses shall be specific to the property location
authorized and approved by the Township and shall not otherwise be
considered a "pocket license."
I.
The licensed premises of all licenses shall be subject to unannounced
inspections by a designated representative of the Township. Access
shall be permitted by the designated representative on demand by the
Township's authorized representative.
A.
Application fee. The applicant shall submit an application to the
Office of the Municipal Clerk, under oath on a form furnished by the
Township of Andover, with an application fee of $5,000, which fee
shall be nonrefundable to the extent it has been expended toward the
Township's administrative, professional, and other costs for
the application review process.
B.
Annual license renewal fee. The annual license renewal fee for successful
applicants operating cannabis establishments in the Township of Andover
shall be implemented as required in accordance with the following
fee schedule, which shall be refunded in the event the applicant does
not receive an annual license:
C.
Upon the receipt of an application, the Office of the Municipal Clerk
shall transmit the application to the Office of Police Chief for the
Andover Police Department or the Chief's designee, the Mayor,
the Township Administrator, and the Township Committee for review
of the application. These departments shall review the application
and forward their comments to the Clerk's Office 15 business
days from transmission of the application.
D.
The Clerk shall establish a reasonable application period and deadline
for all applications. An application shall be deemed incomplete and
shall not be processed by the Clerk and transmitted for review until
all documents and application fees are submitted. To be deemed complete,
all applications shall be accompanied by the following:
(1)
The name and home address of the applicant. If the applicant is not
a natural person, the applicant shall submit a statement setting forth
the names and home addresses of all stockholders in the corporation
or partnership who own 10% or more of its stock, of any class or of
all individual partners in the partnership who own a 10% or greater
interest therein, as the case may be. If one or more such stockholder
or partner is itself a corporation or partnership, the stockholders
holding 10% or more of that corporation's stock, or the individual
partners owning 10% or greater interest in that partnership, as the
case may be, shall also be listed with its home address. The disclosure
shall be continued until names and home addresses of every noncorporate
stockholder, and individual partner, exceeding the 10% ownership criteria
has been listed.
(2)
The name of any other business entities in which any of the individuals identified pursuant to Subsection D(1) of this provision have or have had an ownership interest which:
(3)
A copy of the license issued by the Cannabis Regulatory Commission
authorizing the applicant to operate as a licensed cannabis establishment
with a copy of all application materials and documents submitted to
the Commission for a license.
(4)
An affidavit from the applicant attesting to and accompanied by 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.
(5)
Plans prepared by a duly licensed architect, engineer, or planner
which shall depict the layout and design for the proposed location
of the licensed cannabis entity within the Township.
(a)
The required plans shall depict the proposed security measures
for the location. The plans shall be deemed confidential consistent
with state law.
(b)
The applicant shall also provide either a lease agreement or
agreement of sale for the property where the applicant intends to
operate the licensed cannabis entity. The lease agreement or agreement
of sale may be contingent upon the applicant's ability to successfully:
E.
The Office of Police Chief for the Andover Police Department or the
Chief's designee, the Mayor, the Township Administrator, and
the Township Committee shall evaluate any and all applicants and issue
a notification of award after consideration and evaluation of the
following criteria:
(1)
Qualifications and experience. The 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 owners' experience shall outweigh the experience
of nonowner principal, submission of formal business plan for the
proposed licensed cannabis entity including pro forma is required.
(2)
Security plan. The 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
and digital storage, security personnel and their qualifications,
and visitor and employee security management.
(3)
Research experience. The 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 with IRB approval shall outweigh plans to conduct
such research, whether the applicant has had any assurance accepted
by the U.S. Department of Health and Human Services indicating the
applicant's commitment to complying with 45 CFR Part 46, 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)
Labor peace agreement. The 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 within
the municipality. If possible, the applicant entity or parent entity
should submit attestation signed by a bona fide labor organization
stating that the applicant has entered into a labor peace agreement.
This requirement shall not apply to applicants for a conditional permit.
(5)
Environmental plan. A 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)
Community commitment. The applicant's ties to the host community,
demonstrated by at least one shareholder's proof of residency
in the Township of Andover for five or more years in the past 10 years
or at least one shareholder's continuous ownership of a business
based in the Township of Andover for five or more years in the past
10 years.
(7)
Workforce development plan. The applicant's workforce development
and job creation plan, which may include information on the applicant's
history of job creation and planned job creation at the proposed licensed
cannabis entity; education, training and resources to be made available
for employees; any relevant certifications, and an optional diversity
plan.
(8)
Customer advocacy plan. The applicant's customer advocacy plan,
which may include information on the applicant's history of customer
counseling and planned customer counseling at the proposed licensed
cannabis entity, education, training and resources to be made available
for customers.
(9)
Community impact plan. The applicant's community impact plan
summarizing how the applicant intends to have a positive impact on
the community in which the proposed licensed cannabis entity is to
be located; which shall include an economic impact plan and a description
of outreach activities and potential contributions to the community.
(10)
New Jersey minority-owned. The 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 New Jersey minority-owned, women-owned, or veteran-owned business.
F.
Notwithstanding the foregoing competitive application process, a
notification of award and conditional municipal license shall allow
the recipient applicant to pursue a state permit or license in the
appropriate classification for up to 12 months, which may be extended
in the Township Committee's discretion for an additional six
months for good cause. No license to operate shall be issued until
the applicant has received a state permit and satisfied other prerequisites
of municipal licensure. If the recipient of a notice of award and
conditional license has not received a state permit or license within
12 months from issuance, unless extended for good cause, the Municipal
Clerk shall issue a new request for applications and evaluate all
applicants for licensure under the above criteria.
A.
Cannabis establishments shall meet all of the requirements for licensure
pursuant to the Act, the regulations of the Commission and all other
applicable state and local laws.
B.
Cannabis establishments shall at all times hold a valid current license
or permit issued by the State of New Jersey, along with a local annual
cannabis license issued by the Township to undertake cannabis activities
at the permitted property. Both the Township- and state-issued licenses
are valid only for the location identified on the licenses and until
the expiration date printed on the license. Both the Township- and
state-issued licenses shall be prominently displayed inside the permitted
cannabis establishment in a location where they can be easily viewed
by state and local law enforcement and administrative authorities.
C.
Cannabis establishments shall be conducted solely within the confines
of the licensed location of the licensed premises on the permitted
property. No cannabis establishment shall be permitted to operate
from a movable, mobile or transitory location, except for the permitted
transportation of cannabis products to and from the facility pursuant
to state law by a licensed Class 6 delivery service.
D.
Cannabis establishments shall comply with the Act, the regulations
of the Commission, and the Township Code, including without limitation
the Zoning Code, the Building Code, and the Housing and Property Maintenance
Code, at all times.
E.
With the exception of loading activities incidental to the operation
of the cannabis establishment, all operations shall occur indoors,
within the enclosed licensed building, except as otherwise authorized
for licensed Class 6 delivery services only.
F.
All cannabis establishments shall at all times adhere to the safety
and security standards and plan established and approved by the Commission,
including the requirements for the maintenance of a security system
that meets state law requirements. In addition, all cannabis establishments
shall also comply with the below provisions. The Andover Township
Chief of Police shall make the determination as to whether cannabis
establishments are in compliance with the following provisions:
(1)
Cannabis establishments shall have security systems in place, along
with a continuous recording system that records for a minimum thirty-day
archive. This system shall be shared with the Andover Township Police
Department via web browser providing direct access to real-time and
archived video.
(2)
Cannabis establishments shall provide the Andover Township Police
Department with the name and telephone number of one staff person
to notify during operating hours, and the name and cellphone number
of at least two staff persons to notify after operating hours regarding
suspicious activity.
(3)
Outside areas of the premises shall be well-illuminated for safety
and security, but not in a way that is counter to Township Code requirements
for outdoor lighting and screening, or in a way that is obtrusive
to pedestrians, drivers or other users of the public right-of-way.
(4)
All cannabis in whatever form stored at the permitted premises shall
be kept in a secure manner and shall not be visible from outside the
permitted premises, nor shall it be processed, exchanged, displayed
or dispensed outside the confines of the licensed structure of the
premises. No cannabis products shall be visible from a public sidewalk,
public street or right-of-way, or any other public place.
(5)
Cannabis establishments shall properly dispose of all materials and
other substances in a safe and sanitary manner in accordance with
local and state laws, including the rules and regulations of the Commission.
(6)
Cannabis establishments shall be equipped with ventilation systems
sufficient in type and capacity to eliminate cannabis odors emanating
from the interior to the exterior of the premises discernible by the
ordinary senses. The ventilation system shall be inspected and approved
by the Township Construction Official.
(7)
The hours of operation for all cannabis establishments shall be limited
to 9:30 a.m. to 9:00 p.m. Eastern standard time.
(8)
Cannabis establishments shall post conspicuous signage inside and
outside the building that consumption of cannabis is prohibited anywhere
on the premises, including the parking area and inside vehicles in
the parking area.
(9)
Prohibition on mobile structures. Each cannabis establishment shall
at all times conduct business within the confines of a licensed premises.
No cannabis establishment shall be housed or operated in a vehicle
or any movable or mobile structure. Nothing herein shall be deemed
to apply to or otherwise conflict with the statutory and regulatory
provisions applicable to a cannabis delivery service holding a valid
and current license issued by the New Jersey Cannabis Regulatory Commission.
A.
Establishment of transfer and user tax. Pursuant to Section 40 of
the Act, N.J.S.A. 40:48I-1a(1), the following user and transfer taxes
are hereby established on all cannabis establishments operating within
the Township, at the maximum amount as permitted by the laws of the
State of New Jersey or the amounts set forth below, whichever is greater:
(1)
A transfer tax of 2% shall be imposed on the gross receipts from
each sale of all cannabis and cannabis items by any cannabis cultivator,
manufacturer, or retailer; a transfer tax of 1% shall be imposed on
the gross receipts from each sale of all cannabis and cannabis items
by any cannabis wholesaler.
(2)
The transfer 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.
(3)
The 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 with regard to cannabis.
(4)
In addition, there shall be a 2% user tax imposed on any concurrent
license holder operating more than one cannabis establishment.
(5)
The user tax shall be imposed on the value of each transfer or use
of cannabis or cannabis items not otherwise subject to the transfer
tax imposed on the license holder's business that is located
in the Township to any other of the license holder's businesses,
whether located in this municipality or any other municipality.
(6)
The user tax shall be in addition to any other tax or fee imposed
pursuant to statute or local ordinance or resolution by any governmental
entity with regard to cannabis.
(7)
Any transaction for which the user or transfer tax hereinabove is
imposed, is exempt from the tax imposed under the Sales and Use Tax
Act,[1] except for those which generate receipts from the retail
sales by cannabis retailers in the case that the retail sale of cannabis
should become legal in the Township.
[1]
Editor's Note: See N.J.S.A. 54:32b-1 et seq.
B.
Remittance of cannabis taxes; delinquencies.
(1)
All transfer and user taxes collected by any cannabis establishment
pursuant to this article shall be remitted to the Township's
Chief Financial Officer on a monthly basis.
(2)
Delinquent taxes. If the transfer tax or user tax is not paid when
due, the unpaid balance, and any interest accuring thereon, shall
be a lien on the parcel of real property comprising the cannabis establishment's
premises.
(3)
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 of cannabis
taxes 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.
(5)
Failure of the cannabis establishment to make full payment of the
user and transfer taxes hereinabove imposed shall be grounds for the
immediate revocation and/or termination of any local annual cannabis
license and/or any local annual cannabis license shall not be renewed
unless all outstanding user and transfer taxes are paid in full. All
user and transfer taxes shall also be paid should the licensee make
application to the Andover Township Planning Board and/or the Andover
Township Land Use Board.
A.
The emission into the outdoor atmosphere of any volatile organic
compounds, solid particles, liquid particles, vapors and/or gases
in excess of the rates and limits/levels set by the New Jersey Department
of Environmental Protection are hereby prohibited.
B.
Cannabis establishments are prohibited from causing, permitting,
or allowing to be emitted into the outdoor atmosphere any odors detectable
by the ordinary human senses, substances and/or other air contaminants,
in such quantities and for such duration as are, or tend to be, injurious
to human health or welfare, animal or plant life or property, or would
unreasonably interfere with the enjoyment of life or property on any
public or private property within the Township.
C.
The business/facility location of all cannabis establishments shall
have a fully integrated self-contained air treatment, HVAC, ventilation
and exhaust system which shall be regularly maintained and fully operational
and running at all times.
D.
All cannabis establishments shall be required to retain a qualified
environmental consultant approved by the Township, who shall be available
to promptly respond to the site in the event of an incident or adverse
event within a reasonable period of time not to exceed 12 hours.
E.
All cannabis establishments shall be required to monitor all activities
for the presence and prevention of odors and the maintenance and trouble-shooting
of all odor control equipment on a daily basis. All cannabis establishments
shall maintain written records of all odor monitoring, equipment maintenance/repairs,
odor investigations, air quality studies and any adverse events, and
odor complaints.
F.
All records as to odor control monitoring, investigations, odor control
equipment maintenance/repairs, air quality studies and adverse events
shall be produced to the Township upon request.
G.
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 in accordance with the Township Code and
applicable state law.
All cannabis establishments operating within the Township shall
be required to designate a corporate representative of the business
who shall be available 24 hours daily to serve as the primary person
of contact for the business, and shall have full authority to make
decisions on behalf of the business in the event of an emergency.
The cannabis establishment shall provide the up-to-date direct telephone
and email contact information for the corporate representative to
the Township Police Department and the Township Administrator and
shall assure that such contact information remains current at all
times. At a minimum, the corporate representative shall be responsible
to respond to the Township in the event of a report of criminal activity,
adverse odor event, or any suspected violation of applicable state
and/or local laws.
The actual sale, transfer, and/or delivery of cannabis and cannabis
items by any Class 6 cannabis delivery service to a consumer occurring
within the Township shall be prohibited from taking place in any public
place or on any public property. Class 6 cannabis delivery services
shall only be permitted to deliver cannabis and cannabis items to
private property, and only with the express permission and authorization
of the owner of the property. Nothing herein shall be read or construed
to conflict with any regulations and/or license conditions established
by the Commissions with respect to the transport and delivery of cannabis
and cannabis items by Class 6 cannabis delivery services.
A.
Any person(s), firm(s), business(es), corporation(s) and/or other
organization(s), including any licensed cannabis establishment, found
in violation of any provision(s) of the Township Code shall be subject
to a civil fine and penalty not exceeding $2,000, in accordance with
the Township Code.
B.
Any violation of the Township Code by a licensed cannabis establishment
may be grounds for revocation and/or nonrenewal of any issued local
annual cannabis license. Upon reasonable notice to the licensee by
the Township Administration, a hearing shall be conducted before the
Township Committee to decide whether sufficient grounds exist to revoke
any and all classes of local annual cannabis licenses issued to the
licensee. The licensee may be permitted to be represented by legal
counsel during the hearing, to present evidence, testimony and witnesses.
C.
Each and every day any person(s), firm(s), business(es), corporation(s)
and/or other organization(s), including any licensed cannabis establishment,
remains in violation of the provisions of the Township Code after
the deadline for compliance set forth in any notice of violation issued
by the enforcing officer(s) of the Township shall be considered a
continuing violation punishable as a separate and distinct offense
and subject to a separate civil fine and penalty for each and every
day the violation continues.
D.
The Municipal Court or Superior Court shall have jurisdiction to
hear and decide any action(s) brought to enforce the provisions of
the Township Code, the hearing for which shall be conducted in a summary
manner pursuant to N.J.S.A. 2B12-16a, and any final order imposing
fines and penalties for a violation of this code shall be enforceable
in the Municipal Court or Superior Court and collectible as a lien
against the property of the violator in accordance with the Penalty
Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq.
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16) (N.J.S.A. 24:6I-45b) ("Act"), all cannabis establishments,
cannabis distributors and operating premises/principal location of
cannabis delivery services based in the Township are hereby prohibited
from operating anywhere in the Township, except for five Class 1 cultivators,
five Class 2 manufacturers, five Class 3 wholesalers, five class 4
distributors, and an unrestricted number of Class 5 retailers licensed
in accordance with the Township Code, and in such circumstances, only
as permitted as a conditional use pursuant to same. Nothing herein
shall be read or construed to restrict the transport and delivery
of cannabis items and cannabis supplies directly to a consumer on
private property for personal use by a New Jersey licensed Class 6
cannabis delivery service having its licensed premises based at a
location outside the geographic boundaries of the Township, and which
the transport and delivery of such cannabis items and related supplies
is initiated from such licensed location.
A.
The purpose of this section is to protect the public health, safety,
and welfare of the residents, businesses and property in the Township
of Andover by prescribing the manner in which cannabis establishments
can be operated within its borders, regulating those uses that are
not expressly prohibited in a manner that is consistent with the New
Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act (P.L. 2021, c. 16), and the regulations of the Cannabis
Regulatory Commission, set forth at N.J.A.C. 17:30-1 et seq., first
adopted on August 19, 2021, and to minimize negative impacts on the
community.
B.
A cannabis establishment may be permitted as a conditional use subject
to the following conditions:
(1)
The cannabis establishment shall be required to secure a valid current
license by the State of New Jersey, Cannabis Regulatory Commission,
and the Township of Andover in accordance with the Township Code.
(2)
With the exception of loading activities incidental to the operation
of the cannabis establishment, all operations shall occur indoors
within an enclosed building.
(3)
A cannabis establishment shall not contain a drive-thru.
(4)
A cannabis establishment shall not be located within a building that
contains a residence, or within a mixed-use development that includes
residential uses.
(5)
A cannabis establishment shall not be permitted to sell food, beverages,
alcohol or tobacco on the premises of the business, with the exception
that Class 5 retailers shall be permitted to sell food and beverages
permitted to be sold by their Cannabis Regulatory Commission license.
(6)
If zoning approval is granted, the cannabis establishment shall not
be permitted to transfer to another location within the Township without
first applying for and obtaining any and all required approvals from
the State of New Jersey, Cannabis Regulatory Commission, and the Township
of Andover and its Planning Board and/or Land Use Board, as appropriate.
(7)
Signage.
(a)
A cannabis establishment shall comply with all respective signage
regulations pursuant to the Township Code and the regulations and
rules as to signage and advertisements adopted by the Cannabis Regulatory
Commission.
(b)
A cannabis establishment shall not display cannabis and cannabis
paraphernalia in a manner that is clearly visible to a person from
the exterior of the principal structure.
(c)
Signage shall not include a cannabis plant leaf or other outward
glorification of cannabis consumption, including but not limited to
shape of, or a shape bearing the likeness or containing characteristics
of, a realistic or fictional human, animal, or fruit, or part thereof,
including artistic, caricature, or cartoon renderings.
(d)
Signage shall be conspicuously posted inside and outside the
building that consumption of cannabis is prohibited anywhere on the
premises, including the parking area and inside vehicles in the parking
area.
(8)
A cannabis establishment shall be equipped with ventilation systems
sufficient in type and capacity to eliminate cannabis odors emanating
from the interior to the exterior of the premises discernible by the
ordinary senses in accordance with the Township Code.
(9)
A cannabis establishment shall comply with the off-street parking
requirements in accordance with the Township Code.
(10)
A cannabis establishment shall comply with the buffer zone requirements
in accordance with the Township Code. In addition, a masonry wall
measuring no less than eight feet in height shall be provided to further
screen the cannabis establishment from adjacent residential properties.
The side of the masonry wall facing the cannabis establishment may
be planted with vines or finished with a facade treatment that is
complementary to the principal structure. The side of the masonry
wall facing adjacent residential properties shall be finished with
a facade treatment resembling stacked stone, brick, or other design
acceptable to the Board.
