This article is enacted to regulate the sale and use of cannabis
products within the Borough of Netcong in accordance with the provisions
of an Act of the Legislature of the State of New Jersey, entitled
"New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act," P.L. 2021, c.16 (hereinafter referred to as "Act") and its supplements
and amendments.
For the purpose of this article, words and phrases shall have
the meanings given in the Act.
In addition to any suspension or revocation of a licensee, any
person, firm, or corporation violating any of the provisions of this
article shall be subject to a fine not exceeding $2,000, or by imprisonment
for a term not exceeding 90 days, or by a period of community service
not exceeding 90 days, or by any combination thereof; provided, however,
that when the maximum penalty fixed by an applicable state statute
is less than the penalty in this Code, then the limitations of such
state statute shall be applicable. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
The class of cannabis license permitted in the Borough shall
be for cannabis retail establishments and medical cannabis dispensaries.
No license for any other class of cannabis establishment, including
cannabis cultivators, manufacturers, distributors, wholesalers, testing
facilities, or delivery services, shall be available.
In addition to the requirements as provided in Article
I, the following conditions are required for the issuance and renewal of a cannabis retail establishment license:
A. Applicant must possess any and all required licenses, permits or
authorizations from the State of New Jersey and/or the New Jersey
Cannabis Regulatory Commission for the operation of a cannabis retail
establishment.
B. The cannabis retail establishment shall be located in the B Commercial
Business Zone District.
C. The applicant has received conditional use approval from the Planning
Board of the Borough of Netcong.
D. No license shall be issued to any person under the age of 18 years
or to any person who has been convicted of a crime involving moral
turpitude. Each applicant shall submit to the Borough's Chief
of Police the applicant's name, address, fingerprints and written
consent for a criminal history record background check to be performed.
The Chief of Police is authorized to receive criminal history record
information from the State Bureau of Identification in the Division
of State Police and the Federal Bureau of Investigation consistent
with applicable state and federal laws, rules and regulations. The
applicant shall bear the cost for the criminal history record background
check, including all costs of administering and processing the check.
The Chief of Police shall promptly notify the Borough Council in the
event a current holder of a license or prospective applicant, who
was the subject of a criminal history record background check pursuant
to this section, is arrested for a crime or offense in this state
after the date the background check was performed.
E. In applications by corporations, the names and addresses of, and
the amount of stock held by, all stockholders holding any of the stock
thereof, and the names and addresses of all officers and of all members
of the board of directors must be stated in the application, and if
one or more of the officers or members of the board of directors or
one or more of the stockholders would fail to qualify as an individual
applicant in all respects, no license of any shall be granted. In
applications by partnerships, limited-liability companies or similar
business organizations, the application shall contain the names and
addresses of all of the partners, members or associated individuals.
No license shall be issued unless all of the partners, members or
associated individuals qualify as individual applicants.
F. Posting of a tax escrow in an amount and manner required by Chapter
252, Article
II, § 10 of this Code.
G. No on-premises consumption or use of cannabis shall be permitted.
H. Only cannabis-related products may be sold on premises.
I. Cannabis retail establishments must be equipped with security cameras
with coverage of exterior parking and loading areas, points of entry
and egress, areas open to the public, and cannabis storage areas.
Security footage must be maintained for the period required by state
law and be subject to immediate inspection and access by the Borough
of Netcong Police Department upon request.
J. Cannabis retail establishments must prominently display signage indicating
that no individual under the age of 21 is permitted on the premises
and that the on-premises consumption or use of cannabis, food, alcohol,
tobacco is prohibited.
K. Any cannabis retail establishment must possess and prominently display
all licenses required by the State of New Jersey and the Borough of
Netcong for operation.
L. Cannabis retail establishments must be equipped with lockable doors
and windows and a security system with audible alarm and direct or
third-party notification the Borough of Netcong Police Department.
M. All cannabis products and cash must be stored and secured in a locked
safe or hardened container securely attached to the premises.
N. Licensee shall be current on all state and municipal tax payments.
O. All licensees must provide proof of, and thereafter maintain, commercial
general liability insurance (and if available cannabis liability insurance)
with coverage amounts of not less than $1,000,000 per occurrence and
$2,000,000 aggregate.
All licensees under this chapter shall be subject to quarterly remission of municipal taxes as required and set forth in Article
II of Chapter
252 and shall be compliant with the requirements therein.