[Adopted 12-11-2023 by Ord. No. 11-23-12[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III,
Recreational Cannabis, adopted 3-12-2018 by Ord. No. 02-18-04, as amended.
As used in this article, the following terms shall have the
meanings indicated:
Shall mean an organization issued a permit, conditional permit,
and/or a vertically integrated permit pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.),
to operate as a medical cannabis cultivator, medical cannabis manufacturer,
medical cannabis dispensary or clinical registrant prior to February
22, 2021; and includes any alternative treatment center deemed pursuant
to Section 7 of the Jake Honig Compassionate Use Medical Cannabis
Act (N.J.S.A. 24:26I-7) to concurrently hold a medical cannabis cultivator
permit, a medical cannabis manufacturer permit, and a medical cannabis
dispensary permit and/or any alternative treatment center deemed to
concurrently hold any one or more class(es) of cannabis licensed marketplace
license(s) pursuant to P.L. 2021, c. 16, § 33, N.J.S.A.
24:6I-46, and P.L. 2021, c. 16, § 34, amending N.J.S.A.
24:6I-7.
Shall mean all parts of the plant Cannabis sativa L., whether
growing or not, the seeds thereof, and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant or its seeds,
except those containing resin extracted from the plant, which are
cultivated and, when applicable, manufactured in accordance with P.L.
2021, c. 16,[1] for use in cannabis products as set forth in this act,
but shall not include the weight of any other ingredient combined
with cannabis to prepare topical or oral administrations, food, drink,
or other product. "Cannabis" does not include: medical cannabis dispensed
to registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.)
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as
defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in
Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or
P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined
in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to
any offense set forth in the New Jersey Controlled Dangerous Substances
Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6
et seq.).
Shall mean and refer to a "cannabis consumption area" as
defined under P.L. 2021, c. 16, § 3, N.J.S.A. 24:6I-33,
of the New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act.
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which, after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis retailer or a cannabis distributor.
Any item available for lawful consumption pursuant to the
New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act, P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.).
A license issued under relevant state law, including a license
that is designated as either a:
The term shall also include a conditional license for a designated
class, except when the context of the provisions of relevant state
law otherwise intend to only apply for a license and not a conditional
license.
The term shall also include any activity related to cannabis
cultivation, cannabis manufacturing, cannabis wholesale, cannabis
distribution cannabis retail and/or cannabis delivery service by a
preexisting alternative treatment center deemed to concurrently hold
any one or more class(es) of the above-listed cannabis license(s)
pursuant to P.L. 2021, c. 16, § 33, N.J.S.A. 24:6I-46, and
P.L. 2021, c. 16, § 34, of the Act, amending N.J.S.A. 24:6I-7;
but shall not include the preexisting alternative treatment's
activities related to medical cannabis cultivation, medical cannabis
manufacturing, medical cannabis processing and/or medical cannabis
dispensing by a preexisting medical cannabis alternative treatment
center pursuant to a license or conditional licensed issued by the
State of New Jersey pursuant to the Jake Honig Compassionate Use Medical
Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L.
2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.).
Any licensed person or entity that processes cannabis items
in this state 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.
Any licensed person or entity 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, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
Shall mean the act of ingesting, inhaling, or otherwise introducing
medical cannabis items and/or cannabis items into the human body.
Shall mean the transportation of cannabis items and related
supplies to a consumer. "Delivery" shall also mean the use by a licensed
cannabis retailer of any third-party technology platform to receive,
process, and fulfill orders by consumers, which third party shall
not be required to be a licensed cannabis establishment, distributor,
or delivery service, provided that any physical acts in connection
with fulfilling the order and delivery shall be accomplished by a
certified cannabis handler performing work for or on behalf of the
licensed cannabis retailer, which includes a certified cannabis handler
employed or otherwise working on behalf of a cannabis delivery service
making off-premises deliveries of consumer purchases fulfilled by
that cannabis retailer.
Shall mean and refer to a "designated caregiver" as defined
under the Jake Honig Compassionate Use Medical Cannabis Act, P.L.
2009, c. 307 (N.J.S.A. 24:6I-1 et seq.).
Shall mean a structurally enclosed place of business, commerce
or other service-related activity, whether publicly or privately owned
or operated on a for-profit or nonprofit basis, which is generally
accessible to the public, including, but not limited to: a commercial
or other office building; office or building owned, leased or rented
by the state or by a county or municipal government; public and nonpublic
elementary or secondary school building; board of education building;
theater or concert hall; public library; museum or art gallery; bar;
restaurant or other establishment where the principal business is
the sale of food for consumption on the premises, including the bar
area of the establishment; garage or parking facility; any public
conveyance operated on land or water, or in the air, and passenger
waiting rooms and platform areas in any stations or terminals thereof;
health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A.
26:2H-1 et seq.); patient waiting room of the office of a health care
provider licensed pursuant to Title 45 of the Revised Statutes; child
care center licensed pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1
et seq.); race track facility; facility used for the holding of sporting
events; ambulatory recreational facility; shopping mall or retail
store; hotel, motel or other lodging establishment; apartment building
lobby or other public area in an otherwise private building; or a
passenger elevator in a building other than a single-family dwelling.
Shall mean and refer to an "institutional caregiver" as defined
under the Jake Honig Compassionate Use Medical Cannabis Act, P.L.
2009, c. 307 (N.J.S.A. 24:6I-1 et seq., and P.L. 2015, c. 158, N.J.S.A.
18A:40-12.22 et seq.).
Shall mean a person or entity that holds a license issued
under P.L. 2021, c. 16 (N.J.S.A. 24:6I-1 et seq.), including a license
that is designated as either a Class 1 cannabis cultivator license,
a Class 2 cannabis manufacturer license, a Class 3 cannabis wholesaler
license, a Class 4 cannabis distributor license, a Class 5 cannabis
retailer license, a Class 6 cannabis delivery license, and also includes:
a person or entity that holds a conditional license for a designated
class; a person or entity holding a preexisting medical cannabis cultivator
license, preexisting alternative treatment center permit first issued
by the State of New Jersey, Department of Health, Division of Medicinal
Marijuana, in accordance with the provisions of the Jake Honig Compassionate
Use Medical Cannabis Act (P.L. 2009, c. 307, N.J.S.A. 24:6I-1 et seq.,
and P.L. 2015, c. 158, N.J.S.A. 18A:40-12.22 et seq.) prior to February
22, 2021, and approved by the Township to hold a concurrent municipal
license to operate as a Class 1 cannabis cultivator, Class 2 cannabis
manufacturer, Class 3 cannabis wholesaler and/or Class 4 cannabis
distributor in accordance with the provisions hereinafter and P.L.
2021, c. 16, § 33, N.J.S.A. 24:6I-46, and P.L. 2021, c.
16, § 34 (amending N.J.S.A. 24:6I-7), of the Act; and/or
any other person or entity holding a local annual cannabis license
issued by the Township pursuant to this Code.
Means the drying, processing, compounding, or conversion
of usable cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
Means cannabis dispensed to registered qualifying patients
or their designated or institutional caregiver(s) pursuant to the
Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307
(N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22
et seq.). "Medical cannabis" does not include any cannabis or cannabis
item that is cultivated, manufactured, produced, processed, distributed,
delivered, sold and/or resold for the ultimate purpose of recreational
consumption by persons that are not registered qualifying patients.
Means the purchase, sale, possession, and/or consumption
of cannabis items by person(s) who are not a registered qualifying
patient under the Jake Honig Compassionate Use Medical Cannabis Act,
P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158
(N.J.S.A. 18A:40-12.22 et seq.).
Means the following areas of a location licensed under P.L.
2021, c.16 (N.J.S.A. 24:6I-31 et seq.): all public and private enclosed
areas at the location that are used in the business operated at the
location, including offices, kitchens, restrooms, and storerooms;
all areas outside a building that the Cannabis Regulatory Commission
has specifically licensed for the production, manufacturing, wholesaling,
distributing, retail sale, or delivery of cannabis items; and, for
a location that the Commission has specifically licensed for the production
of cannabis outside a building, the entire lot or parcel that the
licensee owns, leases, or has a right to occupy.
Shall mean any place to which the public has access that
is not privately owned, including but not limited to any property
owned by the Township of Cranbury, the County of Middlesex, and/or
any other government subdivision of the State of New Jersey situated
within the geographic boundaries of the Township; or any place to
which the public has access where alcohol consumption is not allowed,
including, but not limited to, a public street, road, thoroughfare,
sidewalk, bridge, alley, plaza, park, playground, swimming pool, shopping
area, public transportation facility, vehicle used for public transportation,
parking lot, public library, or any other public building, structure,
or area.
Shall mean and refer to a qualifying patient or patient registered
under the Jake Honig Compassionate Use Medical Cannabis Act, P.L.
2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A.
18A:40-12.22 et seq.).
Shall mean establishments or places of business primarily
engaged in selling merchandise to other businesses, including retailers,
industrial, commercial, institutional, or professional business users,
other wholesalers, or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
A.
This article has been adopted by the Township Committee of the Township
of Cranbury for the following purposes:
(1)
To protect the public health, safety, and general welfare of the
residents of the Township of Cranbury by establishing strict limits
and regulations on the lawful sale and use of legal cannabis.
(2)
To regulate the operation of licensed cannabis establishments to
protect against the unlawful operation and use of cannabis and marijuana.
(3)
To establish certain conditions and limitations on the number of
cannabis licenses authorized to be issued within the Township of Cranbury.
(4)
To establish regulations on the time, location and manner of licensed
cannabis establishments and activities.
(5)
To prohibit the operation of any cannabis establishments and other
cannabis marketplace activities within the Township unless strictly
in conformance with state and local laws.
(6)
To establish limitations on the number and types of cannabis establishment
licenses and cannabis marketplace activities.
(7)
To establish local regulations as to the time, location, and manner
of cannabis establishments and cannabis marketplace operations and
activities in accordance with state law.
B.
Applicability. The provisions herein shall apply to all licensees,
persons, organizations and businesses operating and/or seeking to
operate as any class of licensed cannabis establishment pursuant to
the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act, P.L. 2021, c. 16, N.J.S.A. 24:6I-31 et seq., including
any preexisting alternative treatment center deemed to concurrently
hold any class(es) of cannabis marketplace license(s) pursuant to
P.L. 2021, c. 16, § 33, N.J.S.A. 24:6I-46 and P.L. 2021,
c. 16, § 34 (amending N.J.S.A. 24:6I-7), of the Act.
A.
Pursuant to Section 31 of the Act (N.J.S.A. 24:6I-45b), the following
classes of establishments are prohibited within the geographic boundaries
of the Township of Cranbury:
B.
Exemptions. Holders of a valid preexisting alternative treatment
center permit first issued by the State of New Jersey, Department
of Health, Division of Medicinal Marijuana, in accordance with the
provisions of the Jake Honing Compassionate Use Medical Cannabis Act
(P.L. 2009, c. 307, N.J.S.A. 24:6I-1 et seq., and P.L. 2015, c. 158,
N.J.S.A. 18A:40-12.22 et seq.) prior to February 22, 2021, and approved
by the Township to hold a concurrent municipal license to operate
the following establishments with the geographic boundaries of the
Township of Cranbury:
C.
Nothing herein shall be construed to prohibit the delivery of cannabis
items and related supplies within the Township of Cranbury by a New
Jersey licensed Class 6 cannabis delivery service to a consumer of
21 years of age or older for personal use from the licensed premises
of a Class 6 cannabis delivery service located outside the geographic
boundaries of the Township.
D.
Cannabis consumption areas are hereby prohibited from being located
or otherwise operated within the geographic boundaries of the Township
of Cranbury.
E.
Nothing herein shall authorize a preexisting alternative treatment
center to operate at a location separate from a preexisting licensed
location, and in no instance shall a preexisting alternative treatment
center be permitted to concurrently operate as a Class 5 cannabis
retailer or Class 6 cannabis delivery service within the Township.
A.
The following number and type of municipal cannabis establishment
licenses, otherwise known as "local annual cannabis licenses," are
hereby authorized to be available for issuance by the Township on
an annual basis:
(1)
One Class 1 cannabis cultivator license to be issued as an annual
concurrent license to a qualified preexisting alternative treatment
center holding a current valid permit to cultivate medical cannabis
from a location previously approved by the Township and actively licensed
by the State of New Jersey, Department of Health, Division of Medicinal
Marijuana pursuant the Jake Honing Compassionate Use Medical Cannabis
Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c.
158 (N.J.S.A. 18A:40-12.22 et seq.), and P.L. 2021, c. 16, § 33,
N.J.S.A. 24:6I-46, and P.L. 2021, c.16, § 34, of the Act
(amending N.J.S.A. 24:6I-7) before February 22, 2021.
(2)
One Class 2 cannabis manufacturer license to be issued as an annual
concurrent license to a qualified preexisting alternative treatment
center holding a current valid permit to manufacture, package and/or
process medical cannabis, and selling such medical cannabis to other
manufacturers, wholesalers or retailers, but not directly to consumers,
from a location previously approved by the Township and actively licensed
by the State of New Jersey, Department of Health, Division of Medicinal
Marijuana, pursuant the Jake Honing Compassionate Use Medical Cannabis
Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c.
158 (N.J.S.A. 18A:40-12.22 et seq.), and P.L. 2021, c. 16, § 33,
N.J.S.A. 24:6I-46, and P.L. 2021, c.16, § 34, of the Act
(amending N.J.S.A. 24:6I-7) before February 22, 2021.
(3)
One Class 3 cannabis wholesaler license to be issued as an annual
concurrent license to a qualified preexisting alternative treatment
center holding a current valid permit to purchase, store, sell or
otherwise transfer and/or transport medical cannabis items for the
purpose of resale to other medical cannabis wholesalers or dispensaries,
but not directly to consumers, from a location previously approved
by the Township and actively licensed by the State of New Jersey,
Department of Health, Division of Medicinal Marijuana, pursuant the
Jake Honing Compassionate Use Medical Cannabis Act, P.L. 2009, c.
307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22
et seq.), and P.L. 2021, c. 16, § 33, N.J.S.A. 24:6I-46,
and P.L. 2021, c. 16, § 34, of the Act (amending N.J.S.A.
24:6I-7) before February 22, 2021.
(4)
One Class 4 cannabis distributor license to be issued as an annual
concurrent license to a qualified preexisting alternative treatment
center holding a current valid permit to transport in bulk medical
cannabis from a location previously approved by the Township and actively
licensed by the State of New Jersey, Department of Health, Division
of Medicinal Marijuana, pursuant to the Jake Honing Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.)
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.), and P.L. 2021,
c. 16, § 33, N.J.S.A. 24:6I-46, and P.L. 2021, c. 16, § 34,
of the Act (amending N.J.S.A. 24:6I-7) before February 22, 2021.
B.
Except for the number and classification types of the municipal licenses
listed hereinabove, no additional licenses or license types shall
be issued or otherwise made available by the Township except by formal
adoption of an ordinance.
C.
Any person, organization and/or business, including a licensed cannabis
establishment of limited class type operating outside the scope of
a license, found to engage in the cultivation, manufacturing, wholesale,
bulk transport and/or retail sale of cannabis items without first
having a valid license issued by the Township shall be subject to
a civil fine and penalty as set forth hereinbelow.
D.
Any person, organization and/or business found to operate a delivery
service from any premises within the geographic boundaries of the
Township shall be subject to a civil fine and penalty as set forth
hereinbelow.
A.
Prior to commencing the cultivation of cannabis and/or engaging in cannabis manufacturing activities, cannabis wholesale activities and/or cannabis distribution activities, a preexisting alternative treatment center that meets the criteria set out in § 50-11B shall first apply for and secure from the Township of Cranbury an annual local Class 1 cannabis cultivator license, annual local Class 2 cannabis manufacturer license, annual local Class 3 cannabis wholesaler license, annual local Class 4 cannabis distributor license, or any combination thereof.
B.
The Township Committee shall begin accepting applications for any
class of annual local cannabis license 15 days following final passage
of this article. The initial local annual license shall be valid until
December 31, 2024. Thereafter the period of each annual local cannabis
establishment license shall commence January 1 and expire on December
31 of the calendar year.
C.
The licensee of an authorized cannabis establishment shall be required
to maintain a valid alternative treatment center permit from the State
of New Jersey Cannabis Regulatory Commission for each applicable class
of concurrently held local annual cannabis license as a condition
of holding a local annual cannabis license.
D.
By no later than December 1 of the license year, all licensees shall
be required to file an application for the renewal of a local annual
cannabis license to be authorized to continue operation as a cannabis
establishment within the Township.
E.
All local cannabis establishments licenses shall be conditional and
shall remain subject to all laws and regulations of the Township and
the State of New Jersey. Failure of any licensee to comply with such
applicable laws shall be grounds for revocation and/or nonrenewal
by the Township Committee.
F.
The initial application fee for each local cannabis establishment
license shall be $50,000, and the renewal application fee shall be
$10,000. An escrow shall be established for administrative and professional
fees and costs relating to the application and oversite during the
term.
G.
All local cannabis establishment licenses shall be nontransferrable.
All local cannabis establishment licenses shall be specific to the
property location authorized and approved by the Township and shall
not otherwise be considered a "pocket license." Nothing herein shall
authorize a preexisting alternative treatment center to operate at
a location separate from a preexisting licensed location, and in no
instance shall a preexisting alternative treatment center be permitted
to operate as a Class 5 cannabis retailer or Class 6 cannabis delivery
service within the Township.
H.
All local cannabis establishments shall be subject to unannounced
inspections by a designated representative of the Township. Access
shall be permitted by the designated representative.
A.
Pursuant to Section 40 of the Act, N.J.S.A. 40:48I-1a(1), the following
transfer taxes are hereby established on all cannabis establishments
operating within the Township as the maximum amount as permitted by
the laws of the State of New Jersey or the amounts set forth below,
whichever is greater:
(1)
Two percent on the gross receipts from each sale of all cannabis
and cannabis items by any cannabis cultivator to any other cannabis
cultivator;
(2)
Two percent on the gross receipts from each sale by a cannabis manufacturer;
(3)
One percent on the gross receipts from each sale by a cannabis wholesaler;
and
(4)
Two percent on the gross receipts from each sale of cannabis and/or
cannabis items from any cannabis establishment to another cannabis
establishment.
B.
Pursuant to Section 40 of the Act, N.J.S.A. 40:48I-1a(2), the following
user taxes are hereby established on all concurrent license holders
operating within the Township, which shall be in addition to any other
tax imposed by law as the maximum amount as permitted by the laws
of the State of New Jersey or the amounts set forth below, whichever
is greater:
C.
The above provisions as to the user and transfer taxation of any
cannabis marketplace activities shall not apply to that portion of
any business activities conducted by a concurrent licensee with respect
to medical cannabis cultivation, medical cannabis manufacturing, medical
cannabis processing, medical cannabis distribution and/or the dispensing
of medical cannabis items. Such user and transfer taxation amounts
shall be governed by a contractual agreement with the licensed medical
cannabis facility.
A.
All cannabis establishments, including licensed preexisting alternative
treatment centers, shall provide fully integrated air treatment systems,
with sufficient odor-absorbing ventilation and exhaust systems such
that any odor generated within the confines of the premises shall
not unreasonably interfere with the enjoyment of life or property
outside the boundaries of the establishment's property, in accordance
with NJDEP regulations and guidance.
B.
All medical cannabis establishments and cannabis establishments shall
be required to retain a qualified environmental consultant approved
by the Township, who shall be available to promptly respond to the
site in the event of an incident or adverse event within a reasonable
period of time not to exceed 12 hours.
C.
All medical cannabis establishments and cannabis establishments shall
be required to monitor all activities for odors on a daily basis and
shall maintain and produce written records of all odor monitoring,
investigations, air quality studies and adverse events.
D.
All records as to odor monitoring, investigations, air quality studies
and adverse events shall be produced to the Township upon request.
All medical cannabis establishments and cannabis establishments
operating within the Township shall be required to designate a corporate
representative of the business who shall be available 24 hours daily
to serve as the primary person of contact for the establishment and
shall have full authority to make decisions on behalf of the establishment
in the event of an emergency. The establishment shall provide the
up-to-date direct telephone and email contact information for the
corporate designee to the Township Police Department and the Township
Administrator and shall assure that such contact information remains
current at all times. At a minimum, the corporate designee shall be
responsible to respond to the Township in the event of a report of
criminal activity, adverse odor event, or any suspected violation
of applicable state and/or local laws.
The actual delivery of cannabis and cannabis items by any Class
6 cannabis Delivery services to a consumer occurring within the Township
shall be prohibited from taking place in any public place and shall
only be permitted to take place within the confines of private property
or indoor public places with the express permission and authorization
of the owner of the property.
A.
Any person(s), firm(s), business(es), corporation(s) and/or other
organizations, including any licensed medical and/or cannabis establishment,
found in violation of any provision(s) of this Code shall be subject
to a civil fine and penalty not exceeding $2,000.
B.
Any licensed medical and/or cannabis establishment found in violation
of any provision(s) of this Code may be grounds for revocation and/or
nonrenewal of any issued local cannabis establishment license. Upon
reasonable notice to the licensee by the Administration of the Township
of Cranbury, a hearing shall be conducted before the Township Committee
of the Township of Cranbury to decide whether sufficient grounds exist
to revoke any and all classes of local cannabis establishment licenses
issued to the licensee. The licensee may be permitted to be represented
by legal counsel during the hearing, present evidence, testimony and
witnesses.
C.
Each and every day any person(s), firm(s), business(es), corporation(s)
and/or other organizations, including any licensed medical and/or
cannabis establishment, remains in violation of the provisions of
this code after the deadline for compliance set forth in any notice
of violation issued by the enforcing officer(s) of the Township shall
be considered a continuing violation punishable as a separate and
distinct offense and subject to a separate civil fine and penalty
for each and every day the violation continues.
D.
The Municipal Court or Superior Court shall have jurisdiction to
hear and decide any action(s) brought to enforce the provisions of
this code, the hearing for which shall be conducted in a summary manner
pursuant to N.J.S.A. 2B12-16a, and any final order imposing fines
and penalties for a violation of this code shall be enforceable in
the Municipal Court or Superior Court and collectible as a lien against
the property of the violator in accordance with the Penalty Enforcement
Law of 1999, N.J.S.A. 2A:58-10 to 2A:58-12.
