[Added 3-15-2022 by Ord. No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
a. 
Any person desiring a license under this chapter shall file with the City Clerk an original and five copies of an application under oath, in writing, on a form furnished by the City Clerk.
b. 
The application shall set forth the following information:
1. 
The applicant's name, business name and business address.
2. 
Whether the applicant is an individual, partnership, corporation or another entity and, if another entity, a full explanation and description thereof.
3. 
If the applicant is an individual, the applicant's residence address and date and place of birth.
4. 
If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.
5. 
If the applicant is a corporation or other entity: in the case of a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the name and address of the registered agent and the address of the principal office upon whom and where service of process is authorized to be made (the term "stockholder" as used herein means and includes any person having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation); in the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having any interest, legal or equitable, aggregating in value 10% or more the total capital of the said entity, the name and address of the registered agent, if any, and the address of the principal office, if any, upon whom and where service of process is authorized to be made.
6. 
Whether the applicant or any partners, officers or stockholders thereof have ever been convicted of a crime and, if so, the name of the person convicted, the nature of the crime or charge involved and the disposition thereof (the term "officers" as used herein means and includes the president, vice president, secretary and treasurer of a corporate applicant).
7. 
A description of the metes and bounds of the place where the business is to be located and carried on.
8. 
A survey or scale drawing of the plot showing the structures and open spaces/areas to be used in the business, approved existing or proposed entrances and exits to and from the place where the business is to be conducted, the location and place of said business and location and size of all structures and fences thereon and the setback thereof from street lines.
9. 
A scale drawing of the interior of the premises showing all entrances and exits to and from the place where the business is to be conducted; the location and placement of all antifire equipment, i.e., hoses, extinguishers, sprinkler systems, etc.; and the location of all fire exits.
10. 
A copy of all documents submitted by the applicant to the State in connection with the application for a state operating number and all documents issued by the State indicating that the applicant has been qualified or pre-qualified for a state operating license.
c. 
The City's Reservation of Rights: The City reserves the right to reject any or all applications. The City may also modify, postpone, or cancel any request for applications, or the entire program under this Chapter, at any time without liability, obligation, or commitment to any party, firm, or organization. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this Chapter, may be cancelled at any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to any other appropriate reasons for rejection, including but not limited to, a failure to comply with any requirement of any State or local law, rule or regulation, an application risks being rejected for any of the following reasons:
1. 
Proposal not containing the required elements, exhibits, nor organized in the required format.
2. 
Proposal considered not fully responsive to this request for permit application.
[Added 3-15-2022 by Ord. No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
a. 
Formation of a Cannabis Control Committee:
1. 
The formation of a Cannabis Control Committee (CCC") is created with the purpose and intent of reviewing applications submitted to the City, as well as to review compliance of a potential applicant with local rules, regulations, and laws.
2. 
The Cannabis Control Committee shall consist of the following committee members:
(a) 
Mayor or the Mayor's Designee.
(b) 
Council President or Council President's Council Designee.
(c) 
Police Chief.
(d) 
Fire Chief.
(e) 
Construction/Zoning Department Head.
(f) 
Health Department Head.
b. 
Upon review and recommendation by the CCC, the City Clerk shall submit same to the City Council for action at its next scheduled City Council meeting. If there are objections to the issuance of a license, the Clerk must submit the application to the Council within ten (10) days, and the Council must give notice to the applicant within five (5) days concerning the application and within thirty (30) days of the submission a hearing shall be held by the City Council concerning the application to decide to grant or deny the license unless the parties agree to additional time for that decision.
c. 
Upon the consent and approval of the City Council, the City Clerk shall forward a Resolution of Approval to the CRC. Upon receipt of an application from the CRC, the City shall inform the CRC within twenty-eight (28) days whether such license application complies with this Chapter and the City's failure to respond to the CRC within the designated time period may result in the CRC deeming the license application in compliance with any pertinent ordinance or regulation. The City may provide input to the CRC as to the City's preferences for licensure pursuant to N.J.A.C. 17:30-6.3
[Added 3-15-2022 by Ord. No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
a. 
The annual fee for a license under this chapter shall be $7,500.00.
b. 
Such license shall run for a period of one year, commencing January 1st and ending December 31st of the year of its issuance.
c. 
Renewal fee for license shall be $2,500.00.
[Added 3-15-2022 by Ord. No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
No license shall be granted by the Council if:
a. 
The licensee has failed to comply with the provisions of this chapter;
b. 
The licensed premises or use thereof is not permitted by the terms and provisions of the zoning ordinances;
c. 
Licensee is in violation of any law, code or regulation involving the business to be licensed;
d. 
The individual applicant or the principals and manager of a firm applicant or any of them have been convicted of an offense as set forth in N.J.A.C. 17:30-7.11 or otherwise violates the provisions thereof.
[Added 3-15-2022 by Ord. No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
All existing licenses and those that hereafter issue, upon payment of the prescribed license fee and compliance with the terms of this chapter, shall be renewed annually as of January 1st. Applications for renewal of an expiring license shall be made with the payment of the annual fee and the filing of a renewal application provided by the City Clerk. The renewal application shall include a statement that no changes have been made in any of the facts or information stated in the original application or to the licensed premises during the preceding licensed period. If there are any material changes, those shall be noted on the renewal application form.
[Added 3-15-2022 by Ord. No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
The license shall authorize the licensee to conduct business only on the premises specified in the license. Without the consent of the City Council, the license shall not be transferable to any other premises, nor assignable or transferable in any manner or to any other person.
[Added 3-15-2022 by Ord. No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
All licenses are subject to suspension or revocation after due notice and hearing by the City Council for the violation of any of the terms of this chapter, for the violation by the licensee of state and municipal rules, regulations, statutes and/or ordinances or for allowing, suffering and/or permitting the violation of state and municipal rules, regulations, statutes and/or ordinances upon the licensed premises by the servants, agents, employees and/or patrons thereof where the licensee knew or should have known that such violations were being committed by the servants, agents, employees and/or patrons of the licensee.
[Added 3-15-2022 by Ord. No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
Suspension of a license issued by the State of New Jersey, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the City, until the State of New Jersey, or its respective department or division, reinstates or reissues the State license. Should the State of New Jersey, or any of its departments or divisions, revoke or terminate the license of a cannabis business, such revocation or termination shall also revoke or terminate the ability of a cannabis business to operate within the City of Linden.