[HISTORY: Adopted by the Mayor and Council of the Borough of High Bridge 3-31-2022 by Ord. No. 2022-008. Amendments noted where applicable.]
A. 
No cannabis business may lawfully operate in the Borough of High Bridge without the issuance of a state permit or license and full regulatory oversight of the cannabis business by the Cannabis Regulatory Commission or other state licensing authority, as well as approval and issuance of a local cannabis license as approved by resolution of the governing body of the Borough of High Bridge in accordance with the provisions of this chapter.
B. 
Only one license shall be issued by the Borough for the cannabis retailer license class, as authorized herein, based on a first-come-first-served submission basis and based on full compliance with the requirements set forth herein. The grant of a license to any cannabis microbusiness shall be considered as counting towards the maximum number of authorized cannabis retailer licenses.
C. 
Each applicant for a cannabis retailer license must provide a concept/business plan which shall contain how an applicant plans to address odor control, waste disposal, business signage, parking, keeping municipal officials up-to-date on any significant changes in operations; connecting to or communicating with municipal emergency services; and compliance with construction codes.
D. 
All cannabis businesses shall be subject to conditional use and site plan approval in accordance with the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55d-1 et seq.
E. 
All applicants for a cannabis retailer license shall complete a local municipal application and submit all required documentation as requested by the Borough.
F. 
Local approval to operate in the Borough of High Bridge and receive approval for a local cannabis retailer license shall be granted by the Borough's governing body in accordance with the requirements herein, when the applicant has submitted evidence that it meets all of the following requirements:
(1) 
Received site plan approval from the Zoning Officer or Planning Board/Board of Adjustment as necessary;
(2) 
Complies with all elements of its concept/business plan; and
(3) 
Complies with any other relevant Borough ordinances.
G. 
The applicant shall be required to submit an initial license application fee in the amount of $2,500 with the submission of the municipal license application.
H. 
The applicant shall submit proof that the applicant has or will have lawful possession of the premises proposed for the cannabis establishment, 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.
I. 
Each municipal license shall be effective from January 1 until December 31 and shall be renewed annually upon the submission of a renewal application and payment of a renewal fee in the amount of $1,000 by September 1 prior to the licensing year provided all conditions and requirements of applicable state law and this chapter are met.
(1) 
Any conditions of land use approval may be incorporated as conditions of the municipal license.
(2) 
Any future or subsequent changes in operation or facility that are sought by the applicant must be submitted to the Mayor and Council for approval.
A. 
The cannabis business shall prevent and eliminate any conditions on the site that constitute a matter of public concern impacting the safety or quality of life of residents.
B. 
The cannabis business shall maintain the exterior of the site, including any parking lots under the control of the permittee, free of litter, debris, and trash.
C. 
The cannabis business shall properly store and dispose of all waste generated on the site, including chemical and organic waste, in accordance with all applicable laws and regulations. No permittee shall dispose of cannabis or cannabis products unless they have been made unusable and unrecognizable.
Class 5: 10:00 a.m. to 7:00 p.m., open to the public.
A. 
A first violation of the terms of this chapter shall be punishable by a civil penalty of $1,000. A second violation shall be punishable by a civil penalty of $1,500. A third and any subsequent violation of the terms of this chapter shall be punishable by a civil penalty of $2,000. Violators shall also be responsible for the payment of any court costs incurred as a result of the Borough's enforcement of the penalties set forth under this chapter.
B. 
The imposition of a penalty or penalties for any violation of this chapter shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violation(s) within 30 days of the imposition of a penalty by the Borough or such other time frame as may be specifically set forth by the Borough. If the violation is not corrected or remedied within this time frame, then each 30 days thereafter that the prohibited conditions continue unabated shall constitute a separate offense hereunder and shall be subject to a continuing civil penalty as set forth herein.
C. 
Notwithstanding the foregoing section, if the Borough has reasonable grounds to believe that 1) a cannabis retailer has engaged in deliberate and willful violation of any applicable law or regulation; 2) the public health, safety, and/or general welfare has been jeopardized by the operation of the cannabis business and requires emergency action; or 3) more than three violations of this chapter have been issued to the cannabis retailer within a period of 12 months, the Borough shall have the right to commence action to suspend the cannabis retailer's operations in the Borough of High Bridge, and/or, as applicable, to commence action to revoke the cannabis retailer's municipal license. Prior to the suspension of the cannabis retailer's operations or the revocation of the municipal license, the Borough shall provide notice to the license holder and the Borough Council shall schedule a hearing and take action on the proposed suspension of operations or municipal license revocation within 30 days of the date of the notice.
D. 
In the event the Borough suspends the cannabis retailer's operations or revokes the cannabis retailer's municipal license, the Borough shall provide immediate notice to the Cannabis Regulatory Commission and any other applicable state or local authority.
E. 
The provisions of this chapter shall be enforced by the Borough Police Department.
A. 
Cannabis establishments shall be monitored at all times by a video surveillance system. Security cameras shall be in use 24 hours per day, seven days per week, and shall cover all cannabis dispensing areas, storage areas, all doors and windows with access into the cannabis establishment, parking areas if applicable, and any other areas not mentioned if deemed necessary by the Chief of Police or his/her designee. The surveillance system must be capable of providing surveillance of both interior and exterior areas of the cannabis establishment and must be of adequate quality, color rendition and resolution to allow the ready identification of an individual on or adjacent to the site.
B. 
The security cameras must be state-of-the-art cameras capable of providing real-time footage over the internet. Operators must provide the High Bridge Borough Police Department with access to this real-time footage and all other investigative matters shall be made available within 24 hours.
C. 
The recordings shall be maintained as required by applicable laws.
D. 
Outside areas of the premises and the perimeter shall be adequately lit during all hours of operation and will mitigate any nuisance to adjacent properties.
E. 
The High Bridge Borough Police Department shall be provided an emergency contact list that is to be updated regularly containing the name and phone number of a staff person to notify during or after operating hours.
F. 
Security staff is required on the premises during all hours of operation and shall be S.O.R.A. certified.
G. 
The premises must only be accessed by authorized personnel.
H. 
Storage of currency. All currency over $1,000 shall be stored within a separate vault or security safe capable of regulating employee access and not used for the storage of cannabis, securely fastened to a wall or floor as approved by the High Bridge Police Department.
I. 
Cannabis establishments shall comply with all security requirements as established by state law and regulations as they may be updated from time to time.
J. 
Industrial grade fencing shall be installed, enclosing all loading and unloading areas, which is at least six feet tall.
K. 
A security plan shall be submitted to the High Bridge Police Department which shall demonstrate how the facility will maintain effective security and control of operations. The security plan shall identify the type and manner of twenty-four-hour security, tracking and recordkeeping of products and materials, surveillance systems to be utilized, and whether any armed security will be on the premises.
All cannabis facilities shall have an air treatment system to mitigate cannabis-related odor. The air treatment system shall have sufficient odor-absorbing filtration systems utilizing carbon filters or similar, and ventilation and exhaust systems to eliminate cannabis odors coming from the interior of the premises, such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the subject property line.