[Added 4-20-2022 by Ord.
No. O-22-16]
a.
There is hereby created a City of Bayonne Cannabis Preliminary Review
Board ("Review Board") which shall serve as an advisory committee
to the City of Bayonne Council whoseduty it shall be to (i) review
preliminary applications for cannabis cultivator, cannabis manufacturer,
cannabis retailer and cannabis delivery operations based within the
City of Bayonne, (ii) conduct hearings with the applicants, and (iii)
provide a recommendation to the Council for a Resolution of Support.
b.
The Review Board shall be comprised of three members: the Mayor or
his or her designee, a City Councilmember to be designated by Council
and the Director of Public Safety or his or her designee. The Mayor
shall serve for his or her term and the Mayor's designee shall
serve for the term of the Mayor who appointed him or her and until
a successor is appointed. The Council designee shall be appointed
on an annual basis at the City Council's reorganization meeting.
The Director of Public Safety or his or her designee shall be appointed
on annual basis.
1.
Alternate Members to Serve in the Event of a Conflict.
If a member(s) of the Review Board is prohibited by a conflict
of interest from acting on a matter due to the member's personal
or financial interest, the Health Officer or his or her designee shall
be appointed, for that matter only and shall serve as a temporary
member.
c.
The Review Board and the actions thereof are subject to the enabling
authority of the State of New Jersey "Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act" (the "Personal Use
Act"). If any provision of this section is found to be inconsistent
with the statutes and/or regulations of the State of New Jersey, the
state statutes and/or regulations shall govern.
[Added 4-20-2022 by Ord.
No. O-22-16]
The purpose of the Cannabis Review Board is to assure the public
health, safety, and general welfare of the City of Bayonne and its
residents, business establishments and visitors and to provide a recommendation
to the Council for the Resolution of Support of an application for
a cannabis establishment within the City of Bayonne.
[Added 4-20-2022 by Ord.
No. O-22-16]
As used in this chapter, the following terms shall have the
meanings indicated:
The New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act (the "Personal Use Act"), N.J.S.A.
24:6I-31 to 24:6I-56.
Cannabis consumption areas are prohibited.
A State regulated facility involved in growing, cultivating
or producing cannabis. The facility sells, and may transport cannabis
to other cannabis cultivators, or usable cannabis to cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class I Cannabis Cultivator License.
Any licensed person or entity that is provides courier services
for consumer purchases of cannabis products and related supplies fulfilled
by a cannabis retailer to make deliveries of the cannabis items and
related supplies to that consumer. These delivery services shall only
operate in commercial vehicles identifying the business logo. Delivery
vehicles associated with cannabis delivery services and cannabis retailer
shall not be parked on the street overnight. This person or entity
shall hold a Class VI Cannabis Delivery License.
A cannabis cultivator, a cannabis manufacturer or cannabis
retailer.
A State regulated facility that processes cannabis items
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. This person
or entity shall hold a Class II Cannabis Manufacturer License.
A State-regulated cannabis retailer 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. This person or entity shall hold
a Class V Cannabis Retailer License.
A recommendation letter from the City of Bayonne Zoning Officer
verifying that the cannabis establishment is located within a permitted
zones listed in Chapter 35-5.13 and 35-5.17 of the Revised General
Ordinances of the City of Bayonne.
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.
[Added 4-20-2022 by Ord.
No. O-22-16; amended 9-21-2022 by Ord. No. O-22-32]
a.
Classification of Licenses. The City, subject to land use approval
and State licensure, may issue the following municipal licenses to
operate the following cannabis establishments or delivery service:
b.
Maximum number of Licenses. The City may issue a maximum of one Class
I license, one Class II license, two Class V licenses, and two Class
VI licenses. The City adopts license limitations per N.J.A.C. 17:30-6.8.
c.
Location. The City of Bayonne hereby permits a Class I Cultivator, Class II Manufacturer, Class V Retailer and Class VI Bayonne-based Delivery Service to operate in the designated H-C (Highway Commercial/Selected Light Industrial District and I-H (Heavy Industrial District) as listed in Chapter 35 of the Revised General Ordinances, Zoning Regulations, Section 5 District Regulations, Subsections 5.13 and 5.17 only provided that the properties are located East of the Route 440 Corridor and excluding the following blocks and lots in the I-H as follows:
1.
Block 360, Lots 1 and 2.
2.
Block 332, Lots 1, 2, 2.01, 3, 4, 5, 6, and 7.
3.
Block 333.01, Lot 7.
4.
Block 511, Lots 2, 3, 4, 5 and 6.
5.
Block 333.03, Lots 1, 2, 3, and 4.
6.
Block 333.02, Lots 1, 2.01, 3, 4, and 5.
7.
Block 311.01, Lots 5, 6, 9, 10.01, 11 and 12.
8.
Block 311.02, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.
9.
Block 301.01, Lots 1 and 6.
10.
Block 301.04, Lot 3.
11.
Block 301.02, Lots 4.02, 5, 6, 7, 8, 9 and 10.01.
12.
Block 301.03, Lot 1.02.
d.
Enabling Authority. The requirements 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 govern.
e.
Applicant shall not apply for a preliminary license seeking a Resolution
of Support without first obtaining a conditional license from the
State of New Jersey.
f.
Administrative and Municipal Preliminary Application Fees. The Applicant
shall submit all required nonrefundable fees for the preliminary application
process and Letter of Zoning Compliance in accordance with the following
fee schedule:
g.
Preliminary Application. Person or entity wishing to obtain any classification
of cannabis license shall file a preliminary license application with
the Review Board on a standardized form available online (link available
at the Official City of Bayonne Website). A hearing will be conducted
by the Review Board evaluating all Applicants. An Applicant shall
not be entitled to a hearing by the Board until all documents and
application fees are submitted. To be deemed complete, preliminary
applications shall adhere to all deadlines and be accompanied by the
following:
1.
All preliminary applications must be submitted in accordance with
the application due date indicated on the license application.
2.
Applicant is required to obtain a Letter of Zoning Compliance from
the Zoning Officer. In order to obtain a Letter of Zoning Compliance,
the Applicant shall submit the following:
(a)
Letter to the Zoning Officer stipulating the physical address, block and lot of proposed location and that the location is within one of the permitted zones (See Chapter 35 of the Revised General Ordinances, Zoning Regulations, Section 5 District Regulations, Subsections 5.13 and 5.17)
(b)
Proof to the Zoning Officer 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.
3.
Applicants will be notified in writing of the date and time of the
hearings. No rescheduling dates will be provided unless for extraordinary
circumstances.
4.
The Review Board shall receive and review all preliminary applications
for cannabis cultivator, cannabis manufacturer, cannabis retailer
and cannabis delivery service along with a Letter of Zoning Compliance
and will conduct hearings with each Applicant. The Review Board will
review, score and provide a recommendation to the Council for a Resolution
of Support in accordance with rankings of scores assigned by priority
requirements set by the municipality in a highest priority-based system.
The Review Board shall either provide a recommendation to the Municipal
Council for a resolution supporting the Applicant for a cannabis license
or deny the application.
5.
Preliminary Hearing. The Review Board shall evaluate all Applicants
after consideration and evaluation of the following criteria:
(a)
Applicant's, owners', or principals' qualifications and
experience operating in highly regulated industries, including cannabis,
healthcare, pharmaceutical manufacturing and retail pharmacies, with
preference to experience operating such businesses within the State
of New Jersey (twenty percent);
(b)
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
(ten percent); and a summary of the Applicant's plans for storage
of products and currency, physical security, video surveillance, security
personnel and visitor management (ten percent);
(c)
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 (twenty percent);
(d)
Applicant's ties to the host community, demonstrated by at least
one shareholder's proof of residency in Bayonne for five or more
years in the past ten years or at least one shareholder's continuous
ownership of a business based in Bayonne for five or more years in
the past ten years (ten percent);
(e)
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 N.J. minority-owned,
women-owned, or veteran-owned business (twenty percent in total; ten
points for one certification and twenty points for two or more);
(f)
Applicant's willing commitment to the community and its support
for, by example, local cannabis education programs, local employment
and jobs training, public safety programs or other mutually beneficial
community investments (ten percent).
(g)
Mandatory Requirements.
(1)
Applicant must demonstrate good character and pass a criminal
background check. Applicant is required to produce a fingerprint-based
criminal background check performed through the State by way of IdentoGo
for all persons proposed to have an ownership interest in the license.
No fingerprint-based criminal background check older than 90 days
will be accepted;
(2)
Any Applicant having an ownership interest in the license shall
not have been disciplined for a violation affecting public safety
in the State of New Jersey or a subdivision thereof within the preceding
five years;
(3)
Any Applicant having 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;
(4)
Applicant shall submit an affidavit and documentary proof of
compliance with all 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.
6.
If a Resolution of Support for either a Class I, Class II, Class
V or Class VI License is approved by the City of Bayonne Municipal
Council, the Applicant must then return to the State to finish obtaining
a State License.
7.
A waiting list shall be kept of the Applicants that have gone through
the hearing process and were ranked by the Review Board for a period
of one year from the date the last Resolution of Support was approved
by the City Council. If an Applicant that received a Resolution of
Support for either a Class I, Class II, Class V or Class VI is denied
a State License, the Board will contact the next Applicant on the
waiting list in order of ranking and determine the Applicant's
continued interest in obtaining a Resolution of Support from the City
of Bayonne. If an Applicant continues to express an interest in obtaining
a Resolution of Support, the Board will provide a recommendation to
the Council for a Resolution of Support as to the next Applicant on
the waiting list.
[Added 4-20-2022 by Ord.
No. O-22-16; amended 9-21-2022 by Ord. No. O-22-32]
a.
After the Applicant is issued a Class I, Class II, Class V or Class VI State License, the Applicant shall return to the City of Bayonne to complete the application process for a municipal license. Applicant must submit a Site Plan to the City of Bayonne Planning Board and adhere to all requirements of the Planning Board in addition to all terms and conditions herein set by this Chapter. (See Chapter 33 Planning and Development Regulations). A Technical Review Committee meeting is required prior to the Planning Board processing your submission. (See Chapter 33, subsection 33-4.10).
c.
All applications to the Planning Board shall be accompanied by an initial escrow deposit of $7,000 for Planning Board fees in accordance with the Schedule of Fees for Land Use Approval pursuant to Chapter 33, subsection 33-12.3 to pay professionals for services rendered during the application process, such as review and preparation of documents, transcripts, review of assets and inspections. If review costs exceed the escrow deposited, the Applicant shall pay the additional amount within 15 days of the request for additional funds. Where the review costs are less than the amount of the escrow deposit, the difference shall be returned to the Applicant.
d.
The Planning Board shall conduct a hearing with respect to a license application for a cannabis cultivator, cannabis manufacturer, cannabis retailer, cannabis delivery service to issue approval of the site plan in accordance with Chapter 33 Planning and Development Regulations.
e.
Compliance requirements. A cannabis cultivator, cannabis manufacturer,
cannabis retailer and cannabis delivery service established pursuant
to this section shall, at all times, operate in complete compliance
with the terms and conditions of its license(s) or permit(s) issued
by the State of New Jersey, all terms and conditions provided by this
Ordinance and license issued by the City of Bayonne, including conditions
imposed by the City of Bayonne Technical Review Committee and Planning
Board, and/or conditions set forth in the site plan approvals mandated
by this Ordinance and all applicable codes and standards set forth
in state codes and the Municipal Code of the City of Bayonne and as
follows:
1.
The Applicant shall submit proof of financial capability to open
and operate the cannabis establishment for which the Applicant is
seeking a municipal license. Standards for proof of financial capability
shall be determined by the City of Bayonne's financial advisors
which shall produce a determination of financial capacity.
2.
In addition to complying with any State requirement related to good
character and criminal background, the municipal Applicant is required
to produce a fingerprint-based criminal background check performed
through the State by way of IdentoGo for all persons proposed to have
an ownership interest in the license. No fingerprint-based criminal
background check older than 90 days will be accepted. 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.
3.
Prior to the operation of any cannabis establishment or delivery
service a license must be obtained from the State of New Jersey and
from the City of Bayonne for the applicable type(s) of cannabis establishment
or delivery service. No cannabis establishment shall be permitted
to operate without State and municipal licenses.
4.
Permitted uses shall, at all times, comply with the terms and conditions
of the licensee's cannabis establishment license or cannabis
delivery services for permits or licenses issued by the State of New
Jersey and the City of Bayonne.
5.
Within the permitted zones in accordance with this chapter, there
shall be a minimum of 1,000 feet between cannabis retailers measured
from the primary entrance of each location to the next.
6.
Within the permitted zones where the cannabis establishments are
located, there shall be a minimum of 1,000 feet between the cannabis
establishment and schools, churches, child daycare facilities and
public parks and playgrounds.
8.
No cannabis establishment shall be housed in a vehicle or any movable
or mobile structure.
9.
All cannabis establishments and delivery service with regard to the
secure transport to and from another cannabis establishment must comply
with the requirements of N.J. Admin. Code § 17:30-9.15.
10.
Site plan approval; minimum requirements; performance standards.
(a)
Prior site approval. A cannabis cultivator, cannabis manufacturer
and cannabis retailer located within the City of Bayonne shall first
obtain a Letter of Zoning Compliance from the Bayonne Zoning Officer.
(b)
Building use. A cannabis cultivator, cannabis manufacturer and
cannabis retailer shall only be located on the ground floor (i.e.,
street level) of any building in which it has been approved to be
located unless the cannabis cultivator, cannabis manufacturer and
cannabis retailer occupies the entire building on the property. Any
such cannabis establishment shall be accessible directly from the
right-of-way through a separate entrance, independent from any other
retail or residential ingress to the building. Only a secured, one-way
emergency exit from the establishment may be integrated with common
egress.
(c)
Setback requirements. The cannabis cultivator, cannabis manufacturer
and cannabis retailer shall comply with all setback or distance requirements
established by the state and/or municipality and in effect at the
time of application.
(d)
Product display and storage. No cannabis products or paraphernalia
shall be visible from a public sidewalk, public street or right-of-way
or any other public place. All cannabis products shall be stored indoors
and on-site.
(e)
Delivery vehicles associated with a cannabis delivery service
and cannabis retailer shall not be parked on the street overnight.
11.
Pollen And Seed Control. The cannabis business licensee shall implement
measures to prevent cross-pollination and to prevent cannabis pollen
and seeds from leaving the premises including but not limited to,
use of pollen screens, ultraviolet light and methods to ensure that
employees and other visitors do not leave the premises while carrying
any cannabis pollen or seeds.
12.
Odor. A cannabis cultivator, cannabis manufacturer and cannabis retailer
shall have equipment to mitigate cannabis-related odor. The building
shall be equipped with a ventilation system with carbon filters sufficient
in type and capacity to eliminate cannabis odors emanating from the
interior of the premises. The carbon filters are required to be replaced
regularly for the best effectiveness to mitigate odor. The ventilation
system must be approved by the City of Bayonne Health Department and
Building Department and may be subject to periodic inspections.
13.
Water Use. In addition to satisfying all other City requirements,
the Applicant shall provide a water conservation plan which describes
all water sources and their reuse, with zero waste.
14.
Recycle. The Applicant shall provide a sustainable packaging plan
that reduces or eliminates the use of single-use plastics and promotes
the use of recyclable or green packaging.
15.
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 (See also Chapter 3, Section 1, Noise and Chapter 4, subsection 1.14).
16.
Security. All facilities associated with the sale or dispensing of
cannabis, cannabis items and related products or services shall be
secured and shall have full-time security protocols. Security protocols
shall be submitted to the Bayonne Police Department for compliance
review with all safety and security standards established by the State
of New Jersey. The Bayonne Police Department may, at its discretion
and upon review of the proposed location, recommend or require additional
safety and security measures. At minimum, the following shall apply:
(a)
A video recording security system shall be employed covering
all areas of the cannabis cultivator, cannabis manufacturer and cannabis
retailer and the adjacent exterior of the building with a 24 hours
a day, seven days a week recording system that records for a minimum
thirty-day archive.
(b)
The Bayonne Police Department and Zoning Officer shall be provided
the name and telephone number of the responsible staff person who
could be reached 24 hours a day in case of any suspicious activity
or emergency.
(c)
Outside areas of the premises shall be well-illuminated for
safety and security, but not in a way that is counter to Code requirements
for outdoor lighting and screening or obtrusive to users of the public
right-of-way.
(d)
The premises and right-of-way adjacent to the cannabis cultivator, cannabis manufacturer and cannabis retailer shall be monitored by staff of the cannabis establishment and kept free of loitering, litter and other debris. The sidewalks shall be kept in good condition, swept and cleaned on a regular basis. (See also Chapter 17, Sections 17-1, 17-3, 17-14, 17-32 adopting International Property Maintenance Code, Section 302 and Chapter 25, Sections 25-4, 25-5).
(e)
Cannabis Delivery
Services.
(1)
All cannabis delivery vehicles.
[a]
Shall be equipped with secure lockboxes or secure cargo area,
which shall be used for the sanitary and secure transport of cannabis.
[b]
Shall retain a Global Positioning System (GPS) device for identifying
the geographic location of the delivery vehicle, either permanently
or temporarily affixed to the delivery vehicle while the delivery
vehicle is in operation.
[1]
The device shall remain active and in the possession
of the cannabis delivery service member at all times during transport.
[2]
At all times, the originating cannabis business
and the cannabis delivery service member shall be able to identify
the geographic location of all delivery vehicles that are transporting
its cannabis items and upon request shall provide that information
to the City personnel in charge of enforcement of this Chapter.
(2)
The cannabis business using a delivery service or the cannabis
delivery service member shall retain all information regarding any
delivery vehicles, including the vehicle's make, model, color,
vehicle identification number, license plate number, vehicle registration
and delivery location and, upon request, provide the information to
the City personnel in charge of enforcement of this Chapter.
(3)
The cannabis delivery service member shall not leave cannabis
items in an unattended delivery vehicle unless the vehicle is locked
and equipped with an active vehicle alarm system. In no case shall
cannabis items be left in a delivery vehicle overnight or outside
the operating hours of the cannabis business conducting the transport.
(4)
The cannabis delivery service member shall have access to a
secure form of communication with the cannabis business, such as a
cellular telephone, at all times that the delivery vehicle contains
cannabis items.
(5)
All transport of cannabis items shall be conducted by a person.
A transport of cannabis items shall not be made through the use of
an unmanned vehicle, which shall include a drone.
(6)
The cannabis delivery service member shall only travel between
originating cannabis business premises and the drop off location and
shall not deviate from the delivery path described in this subsection,
except in the event of emergency, or as necessary for rest, fuel,
or vehicle repair stops, or because road conditions make continued
use of the route or operation of the vehicle unsafe, impossible, or
impracticable.
[a]
The process of transport begins when the cannabis delivery service
member leaves the originating cannabis business premises with the
purchase order of cannabis items and ends when the cannabis delivery
service member furnishes the cannabis items to the receiving person
or business.
(7)
Each cannabis business or cannabis delivery service member shall
maintain a written or electronic record of each transport of cannabis;
for each transport, such record shall include:
[a]
The date and time that the transport began and ended;
[b]
The name, license number, and signature of the cannabis delivery
service member performing the transport;
[c]
The weight of the cannabis or cannabis items transported;
[d]
The batch number of the usable cannabis or the lot number of
the cannabis product, the name of the strain/cultivar, and the form
of the cannabis product; and
[e]
The signature of the cannabis delivery service member of the
receiving cannabis business attesting to receipt of the goods.
[f]
A cannabis business shall report any vehicle accidents, diversions,
losses, or other reportable events that occur during transport to
the City personnel in charge of enforcement of this Chapter in accordance
with N.J.A.C. 17:30-9.11.
17.
Hours of Operation. No cannabis retailer may open to customers for
business before 10:00 am or remain open to customers for business
after 10:00 pm.
18.
Queuing. Queuing of customers outside a cannabis retailer is prohibited.
The cannabis retailer shall have a sufficient waiting area inside
the facility to accommodate customers or shall provide a reservation
service, phone/text notification service or other alternatives to
waiting on the public right-of-way. Loitering is prohibited and shall
be managed by the facility.
19.
Parking. All Cannabis Establishments shall adhere to City regulations
regarding parking. Class I and II Cannabis Establishments shall have
one parking space per 300 square feet of floor area. Class V Cannabis
Establishments shall have one parking space for each employee and
a minimum of no less than one parking space per 300 square feet of
floor area. All Cannabis Establishments shall have one parking space
for a vehicle associated with the business.
20.
Signage. All Cannabis Establishments shall adhere to City regulations
regarding signage. Cannabis Establishments shall be permitted one
sign outside of the premises or vehicle which may not include the
following words: "weed," "pot," "marijuana," or "cannabis." Outside
signs shall not depict any image, symbol, logo, shape or any other
image of cannabis, cannabis paraphernalia, smoke or anything other
conspicuous image or symbol that could be interpreted as cannabis
or cannabis product. A cannabis delivery vehicle shall not bear markings,
image, symbol, logo, shape or any other image of cannabis, cannabis
paraphernalia, smoke or anything other conspicuous image or symbol
that would either identify or indicate that the vehicle is used to
transport cannabis. Initial signage and any subsequent changes made
thereto must be approved by the Planning Board.
f.
Prohibited uses. Except as expressly permitted by this Chapter, entitled
Recreational Cannabis Ordinance, any other activity involved in the
cultivation, manufacturing, processing, dispensing, distributing and/or
sale of cannabis or cannabis products, are expressly prohibited as
land uses or otherwise in the City of Bayonne. No indoor or outdoor
consumption areas are permitted within the City. No outdoor cultivation
is permitted within in the City.
g.
After receipt of Planning Board approval, resolution of approval
and resolution compliance, the Applicant shall obtain permits and
comply with all applicable requirements of municipal departments including
but not limited to zoning (use permits and sign permits), health,
public safety and building in accordance with the Revised General
Ordinances of the City of Bayonne.
h.
After an Applicant complies with all municipal requirements and obtains
all required permits in accordance with paragraph g., the City Clerk
shall issue a cannabis establishment or delivery service license.
i.
An Applicant shall provide additional clarification and/or supplementation
within 10 days after any written request by the Review Board for the
same.
j.
The Applicant shall otherwise comply with any, and all qualification
standards set forth in the State and City laws or regulations.
k.
Notwithstanding the foregoing competitive application process, a Resolution of Support authorized by the Municipal Council shall entitle the Applicant to pursue a State permit or license in the appropriate classification for up to 12 months, which may be extended in the Review Board's discretion for an additional six months for good cause. No municipal license to operate shall be issued until the Applicant has received a State license and satisfied other prerequisites of municipal licensure. If the recipient of a Resolution of Support has not received a State permit or license within 12 months from issuance, unless extended for good cause, the Board shall pull an Applicant from the waiting list based on Section 39-2g7.
[Added 4-20-2022 by Ord.
No. O-22-16; amended 9-21-2022 by Ord. No. O-22-32]
a.
It is the purpose of this Section to implement the provisions of
P.L. 2021, c16 which authorizes the governing body of a municipality
to adopt an ordinance imposing a tax at a uniform percentage rate
not to exceed two percent (2%) of the receipt from each sale by a
cannabis cultivator; two percent (2%) of the receipts from each sale
by a cannabis manufacturer; and two percent (2%) of the receipts from
a cannabis retailer and delivery service, which shall be in addition
to any other tax or fee imposed pursuant to statute, local ordinance
or resolution by any governmental entity upon the cannabis establishment.
b.
Unless otherwise defined herein, as used herein, the City adopts by reference the terms and definitions established in Chapter 39 of this Code and Section 40 of N.J.S.A. 24:61-33.
c.
There is hereby established a local cannabis transfer tax in the
City of Bayonne which shall be fixed at a uniform percentage rate
of two percent (2%) of the receipts from each sale by a cannabis cultivator
and two percent (2%) of the receipts from each sale by a cannabis
manufacturer, retailer and delivery service.
d.
Any transaction for which the transfer or user tax is imposed or
could be imposed pursuant to this section, other than those which
generate receipts from retail sales by cannabis retailers, shall be
exempt from the tax imposed under the "Sales and Use Tax Act," P.L.
1966, c. 30 (C. 54:32B-1 et seq.).
e.
The cannabis transfer tax shall be in addition to any other tax or
fee imposed pursuant to statute, local ordinance or resolution by
any governmental entity upon property or cannabis establishment.
[Added 4-20-2022 by Ord.
No. O-22-16; amended 9-21-2022 by Ord. No. O-22-32]
a.
The transfer tax or user tax imposed by this article shall be collected,
paid and remitted to the City of Bayonne by the cannabis establishment
and/or delivery service purchasing or receiving the cannabis or cannabis
item. The transfer tax or user 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.
b.
Every cannabis establishment and/or delivery service required to
collect a transfer tax or user tax imposed by this ordinance pursuant
to this section shall be personally liable for the transfer tax or
user tax imposed, collected or required to be collected under this
section. Any cannabis establishment and/or delivery service shall
have the same right with respect to collecting tax or user tax from
another cannabis establishment and delivery service as if the transferor
user tax was part of the purchase price of the cannabis or cannabis
item and payable at the same time.
c.
No cannabis establishment and/or delivery service required to collect
a transfer tax or user tax imposed by this section shall advertise
or hold out to any person or to the public in general, in any manner
directly or indirectly, that the transfer tax or user tax will not
be separately charged or stated to another cannabis establishment
and/or delivery service that the transfer tax or user tax will be
refunded to the cannabis establishment and/or delivery service.
d.
All revenues collected from the transfer tax or user tax imposed
by ordinance pursuant to this section shall be remitted to the City
of Bayonne Chief Financial Officer on a quarterly basis payable for
the prior three month's 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 transfer taxes and
user taxes collected for the immediate prior months of October, November
and December. The revenues due on May 1 of each year shall include
all transfer taxes and user taxes collected for the immediate prior
months of January, February and March. The revenues due on August
1 of each year shall include all transfer taxes and user taxes collected
for the immediate prior months of April, May and June. The revenues
due on November 1 of each year shall include all transfer taxes and
user taxes collected for the immediate prior months of July, August
and September.
[Added 4-20-2022 by Ord.
No. O-22-16; amended 9-21-2022 by Ord. No. O-22-32]
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
annually in accordance with the provisions of this chapter.
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. Renewal applications will
be available on the City of Bayonne website.
d.
Transfer of ownership of any local license shall first require state
approval followed by proof from the state that the new owner(s) has
all state and Planning Board requirements for ownership of a cannabis
establishment and delivery service in the form and manner prescribed
by the Planning Board. Transfer of location or modification to expand
a license shall require state approval followed approval by the Planning
Board and a Letter of Zoning Compliance from the City's Zoning
Officer and all necessary zoning, health, public safety and/or building
approvals. All transfers must also comply with N.J. Admin. Code § 17:30-9.2
and 9.3.
e.
Except where the Board 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 licensee after the expiration date recorded
on the face of the license.
f.
Reinvestment of local license fees. Local license fees from cannabis
cultivators, cannabis manufacturers, cannabis retailors and cannabis
delivery service shall be used for public education and/or increased
public safety in the area surrounding the dispensary. A separate account
shall be established for the collection and disbursement of said funds
by the Cannabis Review Board with the advice and consent of the Municipal
Council as determined by the Chief Financial Officer.
[Added 4-20-2022 by Ord.
No. O-22-16; amended 9-21-2022 by Ord. No. O-22-32]
Any violation of the provisions of this chapter shall be punishable
by a civil fine; minimum fine shall be $2,500, maximum fine shall
be $5,000. Each day that a violation is committed, exists or continues
shall be deemed a separate and distinct offense. In addition, ongoing
or repeat offenses may result in the suspension of the certificate
of occupancy for a period to be determined by the Construction Official,
Health Officer, Public Safety Director and/or Zoning Officer in consultation
with the Planning Board or revocation of the municipal license. All
violations will be reported to the State Cannabis Regulatory Commission
or other designated state authority. This Chapter shall be enforced
by the Police Department, City Engineer, Construction Official, Health
Department, Municipal Official of the City of Bayonne or any of their
designated agents or assigns.
[Added 4-20-2022 by Ord.
No. O-22-16; amended 9-21-2022 by Ord. No. O-22-32]
a.
Inactive licenses. If, for any reason, a location occupied by a cannabis
cultivator, cannabis manufacturer or cannabis retailer becomes inactive
or unoccupied by the approved operator for an uninterrupted period
of six months or more, the certificate of occupancy for said premises
may be suspended and the Construction Official shall issue a notice
of suspension to the operator and to the owner of the property. Any
subsequent application for use or occupancy of the premises as a cannabis
cultivator, cannabis manufacturer or cannabis retailer including reoccupation
by the previous operator, shall be referred to the Cannabis Review
Board and the Zoning Officer as a new application.
b.
State license. The City Clerk may suspend or revoke any license if
the corresponding State license or permit for the subject location
is expired, surrendered, suspended or revoked.
