This article is enacted to regulate and to implement the provisions of the Act. Permits granted pursuant to this article shall be issued upon receipt of state license granted by the CRC.
This chapter prohibits the issuing of permits for Classes 1, 2, 3, 4 and 6.
A. 
The Township of Pohatcong shall not issue any permits for Classes 1, 2, 3, 4 and 6 as defined in § 102-2 of this chapter and further identified by the State of New Jersey.
B. 
The Township shall not issue a permit for a microbusiness for any class of license.
A. 
To operate a Class 5 cannabis retailer pursuant to CREAMMA, a state license and Township permit is required.
A. 
All applications for licenses and permits, all licenses and permits issued and all proceedings under this chapter shall be in accordance with all applicable laws of the state.
B. 
All licenses and permits required by this chapter shall be issued by the Council, which shall also administer the provisions of this chapter.
C. 
No person shall retail cannabis without having obtained a license in accordance with CREAMMA and a license or permit in accordance with the provisions of this chapter.
A. 
Number. The maximum number of permits in the Township for Class 5 cannabis retailer licensed under CREAMMA shall be one.
B. 
Location of permits. Class 5 cannabis retailer(s) shall be limited to the B-3 Highway Business Zone.
A. 
The applicant shall submit all required nonrefundable fees for the application and year one of the conditional license pursuant to this chapter.
B. 
The applicant shall submit all annual registration fees required in accordance with this chapter, which shall be refunded in the event the applicant does not receive a license.
C. 
Cannabis retailer.
(1) 
Application and year one: $2,500.
(2) 
Subsequent annual renewal permit fee: $2,500.
A. 
Application. Persons wishing to obtain a Class 5 retailer permit shall file a permit application with the Clerk, on a standardized form established by the Clerk and available in the Clerk's office. 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 until all documents and application fees are submitted. To be deemed complete, all applications shall be accompanied by the following:
(1) 
The applicant shall submit proof that the applicant has or will have lawful possession of the premises proposed for the cannabis retail store, which proof may consist of: a deed, a lease, a real estate contract contingent upon successful licensing, or a binding letter of intent by the owner of the premises indicating an intent to lease the premises to the entrant contingent upon successful licensing.
(2) 
The applicant shall submit an affidavit and 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.
(3) 
The location proposed for permitting by the applicant shall comply with all applicable municipal zoning laws and the location restrictions set forth in this Code.
(4) 
The applicant shall submit, to the satisfaction of the Township Council, proof of financial capability to open and operate the cannabis establishment for which the applicant is seeking a permit. Standards for proof of financial capability shall be determined by the Township's Chief Financial Officer.
(5) 
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 permit 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.
(6) 
The applicant and the application shall otherwise comply with any and all qualification standards set forth in the state and Township laws or regulations.
Notwithstanding the foregoing application process, a notification of award and conditional municipal permit shall entitle the recipient applicant to pursue a state permit or license in the appropriate classification for up to 12 months, which may be extended by the Township Council in its discretion for an additional six months for good cause. No permit to operate shall be issued until the applicant has received a state permit and satisfied other prerequisites of municipal licensure.
A. 
Any local permit 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 Clerk may, at his/her/their discretion, adjust the renewal date of the local permit to correlate with an applicant's state licensing and renewal schedule.
C. 
Renewal of any permit shall be governed by any code amendments, additional restrictions or changes in regulations adopted since the previous permit was issued or renewed.
D. 
Transfer of ownership of any local permit or change of location of any permit or modification to expand a permitted premise shall be subject to approval by the Township Council and Township Land Use Board. The appropriate escrows must be posted in order to review any application with the Township's Land Use Board.
E. 
Except where the Clerk has received a complete renewal application along with the requisite fees, and has issued a permit renewal, it shall be unlawful for any person to operate after the date of permit expiration.
Any permit or license issued under this chapter may be suspended or revoked for violation of any provisions of the Township Code of Ordinances, or any applicable statute or any of the rules or regulations promulgated by the CRC. Suspension or revocation of a permit or license shall be in addition to any other penalty which may be imposed for a violation of Township ordinances. No refund will be issued by the Township for any suspended or revoked permit.