A.
Local license required.
(1)
No person, firm, corporation or other entity may own or operate a
cannabis establishment without first having acquired an annual local
license in accordance with the provisions of this chapter.
(2)
The initial local license term shall commence immediately upon the
issuance of the initial local license and shall expire on December
31 of that calendar year. Each renewal local license shall be valid
for a one year period beginning on January 1 and ending on December
31 of the calendar year.
B.
Local licensing authority.
(1)
The Township Committee is hereby designated to act as the local licensing
authority for the Township of Middle for all cannabis establishments.
Under all circumstances in which state law requires communication
to the Township by the Commission or any other state agency with regard
to the licensing of cannabis establishments by the state, or in which
state law requires any review or approval by the Township of any action
taken by the state licensing authority, the exclusive authority for
receiving such communications and granting such approvals shall be
exercised by the Township Committee.
(2)
Under no circumstances shall a local license for a cannabis establishment
service issued by the Township Committee be effective unless or until
the state has issued the requisite permits or licenses to operate
such a facility, including the state license. It is the intent of
this chapter that no cannabis establishment may lawfully operate in
the Township of Middle without the issuance of a state license and
full regulatory oversight of the cannabis establishment by the Commission
or other state licensing authority as well as oversight and issuance
of a license by the Township.
E.
Application. All applicants requesting either a local license, whether
as an initial local license or a renewal local license, shall file
a license application with the Township, on a standardized form established
by the Township and available in the Clerk's office. An application
for a local license shall be deemed incomplete, and shall not be processed
by the Township, until all documents and application fees are submitted.
To be deemed complete, all applications shall be accompanied by the
following:
(1)
A deed or lease evidencing the applicant's lawful possession
of the premises on which the cannabis establishment will be located;
(2)
A copy of an approved zoning permit and copy of an approved site
plan signed by the Township of Middle Planning Board or a copy of
the resolution signed by the Township of Middle Planning Board approving
a site plan waiver for the premises on which the cannabis establishment
will be located;
(3)
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;
(4)
A copy of the state license. If no state license has been issued,
the applicant may submit proof of application for a state license
and may request that the local license be conditionally approved,
conditioned upon receipt of a state license, except that for any class
of local license for which there is a numerical limit, a copy of the
state license must be provided at the time of application;
(5)
A description of the proposed business activities/operations to be
conducted at the cannabis facility, including but not limited to hours
of operation, operating procedures, organizational structure, number
of employees, job title and job description of employees, cannabis
handling procedures, and workplace safety plan;
(6)
A complaint procedures plan, which contains procedures and plans
for receiving, recording and handling complaints regarding cannabis
products, cannabis items, the cannabis facility and/or business operations
of the cannabis establishment, as applicable;
(7)
A waste disposal plan, which sets forth the procedures and plans
for sanitation and disposal of waste at the cannabis facility;
(8)
A security plan, which sets forth the procedures and plans for security
at the cannabis facility;
(9)
An odor mitigation plan, which sets forth the plans and procedures
for controlling odor at the cannabis facility;
(10)
A copy of the cannabis facility floor plan, including square
footage information;
(11)
Proof that all property taxes and all transfer taxes and/or
user taxes imposed under this chapter have been paid;
(12)
If the application is for a renewal local license, a copy of
all complaints received during the prior twelve-month period, and
a description of the manner in which such complaints were handled;
and
(13)
If the application is for a microbusiness:
(a)
Proof that the ownership interest in the microbusiness is held
by current New Jersey residents who have resided in the state for
at least the past two consecutive years.
(b)
Proof of residency in the Township of Middle, or a bordering
municipality, for at least 51% of the owners, directors, officers,
or employees of the microbusiness.
(c)
A sworn affidavit that the microbusiness shall:
[1]
Employ no more than 10 persons.
[2]
Operate a cannabis establishment occupying an area no more than
2,500 square feet.
[3]
In the case of a cannabis cultivator, grow cannabis on an area
no more than 2,500 square feet measured on a horizontal plane and
grow above that plane no higher than 24 feet, unless approved by the
Commission.
[4]
Possess no more than 1,000 cannabis plants each month.
[5]
In the case of a cannabis manufacturer, acquire no more than
1,000 pounds of usable cannabis each month.
F.
The applicant shall submit all required nonrefundable fees for the
application and conditional license in accordance with the following
fee schedule:
G.
If an applicant applies for more than one class of license, where
permitted by law, the nonrefundable application fee shall be determined
as follows:
H.
The applicant shall submit all annual license fees required in accordance
with the following fee schedule, which shall be refundable in the
event the applicant does not receive a license:
I.
Applications for a local license shall be considered on a rolling
basis. In the event multiple applicants are under consideration simultaneously,
the Township shall evaluate those applicants and issue a notification
of award after consideration and evaluation of the application and
supporting materials. The Township may award a conditional local license,
which will not be effective until all of the conditions of the conditional
local license have been satisfied. The Township reserves the right
to reject any application at its sole discretion.
J.
If an applicant applies for more than one class of license, where
permitted by law, the license fee shall be determined as follows:
A.
The Township Committee may suspend or revoke a local license if:
(1)
The application or the cannabis establishment is not in compliance
with any provision of this chapter or all statutes and/or regulations
adopted by the State of New Jersey or its instrumentalities.
(2)
The application for a local license contains false or misleading
information.
(3)
An owner, officer, or board member of a local license holder provides
false or misleading information to the Township.
(4)
The Township receives formal notice from the Commission that the
local license holder has had its state license suspended or terminated.
(5)
A violation by the local license holder or the cannabis establishment
of any of the provisions of this Code or the CREAMM Act has occurred.
(a)
An owner, officer, or board member of the local license holder
has been convicted of a crime involving any controlled dangerous substance
or controlled substance analog as set forth in Chapter 35 of Title
2C of the New Jersey Statutes except Paragraph (4) of Subsection a
of N.J.S.A. 2C:35-10, or any similar law of the United States or any
other state.
(6)
The failure or refusal of the local license holder to comply with
any of the provisions of this Code or the CREAMM Act.
(7)
The failure or refusal of the local license holder to carry out its
policies and procedures or to be in compliance with the statements
and representations provided to the Township or the state in its application
for licensure.
(8)
Operating a cannabis establishment service without a state license
or local license.
(9)
The failure or refusal to return an adequate plan of correction to
the Township within 10 business days after receipt of a notice to
correct.
(10)
The failure or refusal to correct any deficiency specified by
the Township in a notice to correct within the period specified in
a plan of correction.
(11)
The failure or refusal to cooperate fully with an investigation,
inspection, or audit by the Township or any law enforcement agency.
(13)
The failure to comply with the provisions of this chapter regarding
the payment of fees.
(14)
The failure to comply with any condition placed upon the local
license when the license was issued, or any condition or requirement
made by the Township.
(15)
The premises and/or the cannabis facility has been inactive
or unoccupied for at least six months following the issuance of the
local license.
B.
Except as permitted in Subsection D below, prior to suspending or revoking a local license, the Township Committee shall provide notice to the local license holder of its intent to suspend or revoke the local license and shall schedule a hearing on the proposed suspension or revocation within 30 days of said notice. Following the hearing, if the Township Committee determines that suspension or revocation is warranted, the Township Committee shall issue a notification to the local license holder of the reasons for the suspension or revocation.
C.
Any suspension or revocation of a local license shall become effective
immediately upon notification of the suspension or revocation to the
local license holder. The notification shall be deemed effective if:
1) it is made at the time of the hearing; or 2) notice of the suspension
or revocation is mailed by certified mail, return receipt requested,
to the address listed on the local license or in the license application
for the local license.
D.
Notwithstanding the foregoing section, when the Township has reasonable
grounds to believe that a local license holder or cannabis establishment
has engaged in deliberate and willful violation of any applicable
law or regulation, or that the public health, safety and/or general
welfare has been jeopardized and requires emergency action, the Township
Committee may enter a summary suspension order for the immediate suspension
of a local license pending further investigation, subject to the following
procedure:
(1)
The summary suspension order shall be in writing and shall state
the reason(s) therefor. The local license holder shall be afforded
an opportunity for a hearing as outlined herein.
(2)
The Township shall convene a review panel consisting of the Administrator,
a second administrative officer designated by the Mayor, and the Chief
of Police. The hearing shall be scheduled within 30 days of the date
of the suspension order.
(3)
Upon completion of the hearing, the review panel shall issue its
decision regarding the alleged offenses. The review panel is authorized
to impose any fines, penalties, conditions, restrictions or combination
thereof authorized by the State of New Jersey or this chapter, including
the suspension of license for a period not to exceed six months.
