For the purpose of this article, the following words shall have the meanings indicated:
The individual or corporate owner of the real property in question and/or his, her or its agent, successor, heirs or assigns.
[HISTORY: Adopted by the Township Committee of the Township of West Amwell as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-17-1991 by Ord. No. 3-91]
Any applicant for a permit, license or approval in connection with a designated parcel of real property located in the Township of West Amwell shall submit proof with such application that all real estate taxes assessed against such real property and any other real property owned by the applicant have been paid through the quarter in which the application is filed.
No permit, license or approval in connection with a designated parcel of real property located in the Township of West Amwell shall be issued by any board, body, officer or employee of the Township of West Amwell unless all real estate taxes assessed against such real property and any other real property owned by the applicant have been paid through the current quarter.
Any person, firm or corporation violating any provision of this article shall, upon conviction, be subject to a fine of not less than $100 nor more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
[Adopted 12-6-2023 by Ord. No. 12-2023]
This article is enacted to regulate the cultivation, production, sale, and transportation of cannabis in the Township in accordance with the provisions of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (N.J.S.A. 24:6I-31 et seq.), and in accordance with the rules and regulations of the Cannabis Regulatory Commission.
The definitions set forth in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (N.J.S.A. 24:6I-31 et seq.) are incorporated herein and shall have the same meaning.
No person shall operate a cannabis establishment or otherwise cultivate, sell, or distribute cannabis within the Township without having obtained a license in accordance with this article and Chapter 62. In order to obtain a license in the Township, a person shall file an application, signed by the applicant, with the Cannabis Advisory Committee which sets forth all information necessary for a proper consideration of the application in accordance with § 111-11. Such application to the Township shall be filed contemporaneous to filing an application for a license pursuant to CREAMMA.
A.
For first-time applicants, there shall be an initial nonrefundable application fee of $1,000 due at the time of submission.
B.
The annual license fee and maximum number of licenses for cannabis establishments in the Township shall be as follows:
Class of License | Annual License Fee | No. of Licenses |
|---|---|---|
Medicinal Cultivator, Manufacturer, or Dispensary | $5,000 | 1 cannabis business license within the Village Center Redevelopment Area |
Class 1, Cultivator | $10,000 standard $1,000 microbusiness | 2 (1 within the NC Zone and 1 within the LHC or LI Zones) |
Class 2, Manufacturer | $10,000 | 2 |
Class 3, Wholesaler | N/A | 0 (none permitted) |
Class 4, Distributor | N/A | 0 (none permitted) |
Class 5, Retailer | $5,000 | 2 |
Class 6, Delivery Service | N/A | 0 (none permitted) |
C.
The Commission permits microbusinesses to convert to standard businesses after one year. Microbusinesses may apply to convert to a standard license at the municipal level only if the license class limit set above has not been reached and site plan approval has been granted.
D.
In the event more than one license application for a cannabis dispensary, cultivator, or manufacturer of the same classification are submitted to the Township in close proximity to one another, or should only one license for such classification be available due to the limitations set forth in Subsection A; and if the applications comply with all the requirements of this article and the Act, the Cannabis Advisory Committee shall review the application that was first submitted and determined to be a complete and compliant application for recommendation to the Township Committee. As a condition of a complete application, the Cannabis Advisory Committee may take into account the applicant business plan's impact to natural resources such as the water use energy saving designs/extensive odor-monitoring devices and benefit/impact to the community.
All licenses required by this article shall be issued by resolution adopted by the Township Committee.
A.
Local licenses for cannabis establishments shall expire on December 31 of each year. Renewals must be submitted by December 1 of each year. Such license shall be valid for the calendar year within which it is issued.
B.
Any license issued pursuant to this article that receives a state cannabis license to operate shall be renewed in accordance with the provisions of this article.
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 in addition to any history of Property Maintenance and Zoning Code violations.
D.
Renewal of any license shall be conditioned upon compliance with the host agreement as well as any state or local requirements, including any required modification.
E.
Transfer of ownership of any local license or change of location of any license or modification to expand a permitted premises shall be subject to review and recommendation by the Township Committee and Planning and Zoning Boards.[1]
[1]
Editor's Note: Ordinance No. 13-2023, adopted 12-27-2023, provided for vesting in the Planning Board all of the powers of the Zoning Board of Adjustment.
F.
Except where the Committee 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-related products from the premises of any licensee after the expiration of the license.
The following items must be submitted in order to be granted a license or for the renewal of same for the operation of any cannabis establishment, and the following conditions must be satisfied:
A.
For first-time applicants:
(1)
Complete application.
(2)
Application fee (for first-time applicants).
(3)
Annual licensing fee.
(4)
Proof of payment of all real estate taxes due on the premises on which the cannabis establishment is located.
(6)
Proof the applicant has or will have lawful possession of the site proposed for the cannabis establishment (i.e., contract of sale, lease, or deed).
(a)
If the applicant shall be leasing the property on which the cannabis establishment will be located, an executed acknowledgment by the property owner that unpaid license fees and cannabis transfer and user taxes shall become a lien on the property. Such acknowledgment shall be in a form approved by the Township and on file in the Clerk's office.
(7)
Proof of license in good standing issued by Cannabis Regulatory Commission.
(8)
Full copy of the application for state cannabis licensure.
(9)
Emergency contact information to be utilized by police, fire, and EMT personnel in the event of an on-site emergency.
(10)
Security plan, which shall, at a minimum consist of the following:
(a)
Proof of submission of such security plan to the New Jersey State Police.
(b)
Overview of and type of security systems to be installed.
(c)
Twenty-four-hour monitoring by closed-circuit television surveillance system. Security cameras shall be in use 24 hours per day, seven days per week, and shall cover all cannabis dispensing areas (if applicable), cannabis growing areas (if applicable), storage areas, all doors and windows with access into the cannabis establishment, parking areas (if applicable), and any other areas not mentioned if deemed necessary by the Chief of Police or his/her designee. The surveillance system must be capable of providing surveillance of both interior and exterior areas of the cannabis establishment and must be of adequate quality, color rendition and resolution to allow the ready identification of an individual on or adjacent to the site.
(d)
The security cameras must be internet protocol (IP) cameras capable of providing real-time footage over the internet. Operators must provide the local Police Department with access to this real-time camera footage in case of an emergency.
(e)
The recordings shall be maintained at the cannabis establishment for a period of not less than 30 days and shall be provided to the local Police Department within 24 hours of a written request from the Police Department for any recordings.
(f)
Information as to whether on-site security or armed guards will be provided. To the extent not already required by the entity's state license, all licensed facilities must provide at least one security guard (or more if required by the state) during all times the facility is open to the public. At a minimum, the security guard shall be a state-certified security officer whose certification is in good standing.
(12)
Summary of how all products and materials will be tracked and inventoried.
(13)
Business registration certificate authorizing the applicant to do business in the State of New Jersey.
(14)
A copy of the applicant's corporate/company governing documents (i.e., certificate of incorporation, certificate of formation, operating agreement, shareholders agreement, bylaws, and/or partnership agreements), and the applicant's organizational chart, including the identity and ownership interest of all persons.
A.
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this article or Chapter 109 of the Township Code or any provision of any applicable statute or any of the rules and regulations of the Cannabis Regulatory Commission.
B.
Notice of a hearing for the suspension or revocation of a license shall be given in writing by the Township Clerk to the license holder. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. Such notice shall be served by mailing a copy to the licensee at his or her last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
C.
At the hearing, the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his or her own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his or her own expense.
D.
The Township Committee shall revoke or suspend the license if they are satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
E.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.
F.
Any person whose license is suspended or revoked under this article shall have the right to appeal that decision to a court of competent jurisdiction within 45 calendar days of suspension or revocation.
If annual license fees under this article are not paid by February 1, the Clerk shall certify the unpaid license fees to the Township Committee, who shall examine the certificate and, if it is correct, cause the cost as shown thereon, together with any penalty assessed pursuant to this article, to be charged against the lands. The amount so charged shall become a lien upon the lands and be added to and become a part of the taxes next to be assessed and levied upon the lands and shall bear interest at the same rate as taxes and be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this article.
Any person violating any provision of this article shall, upon conviction, be subject to fines of $2,500 for a first offense, $5,000 for a second offense, and $10,000 for a third offense.