Township of Maple Shade, NJ Cannabis Licensing

Any tetrahydrocannabinols, artificially-derived cannabinoid, or hemp product or that is not subject to regulation pursuant to the Jake Honig Compassionate Use Medical Cannabis Act,[2] New Jersey Compassionate Use Medical Marijuana Act,[3] and/or Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act,[4] or otherwise regulated by state law, and that is reasonably determined to have an intoxicating effect when ingested, smoked, or otherwise consumed;

Tetrahydrocannabinolic acids that are artificially or naturally derived;

Delta-8 THC;

CANNABIS DELIVERY SERVICE

Optical isomers of delta-8-tetrahydrocannabinol or delta-9-tetrahydrocannabinol.

CANNABIS

All parts of the plant Cannabis sativa L., including indica and any and all hybrids, 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 CREAMMA[5] for use in cannabis products as set forth in that 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 Honig Act and N.J.S.A. 18A:40-12.22 et al; 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, N.J.S.A. 2C:35B-1 et seq., or marijuana as defined in N.J.S.A. 24:21-2 and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act" N.J.S.A. 24:2-1, et al; or hemp or a hemp product cultivated, handled, processed, transported or sold pursuant to the "New Jersey Hemp Farming Act" N.J.S.A. 4:28-6 et al.

CANNABIS CULTIVATOR

Any person or entity holding a Class 1 cannabis cultivator license issued by the State of New Jersey that grows, cultivates, or produces cannabis in the State of New Jersey, 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.

CANNABIS DELIVERY

The transportation of cannabis items and related supplies to a consumer. "Cannabis delivery" also includes 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.

Any person or entity holding a Class 6 cannabis delivery license issued by the State of New Jersey 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.

CANNABIS DISTRIBUTOR

Any person or entity holding a Class 4 cannabis distributor license issued by the State of New Jersey that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports 40 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.

CANNABIS ESTABLISHMENT

Permitted classes of licenses within the Township.

CANNABIS ITEM

Any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin. "Cannabis item" does not include: any form of medical cannabis dispensed to registered qualifying patients pursuant to the Honig Act[6] and N.J.S.A. 18A:40-12.22, et al., or hemp or a hemp product cultivated, handled, processed, transported or sold pursuant to the "New Jersey Hemp Farming Act," N.J.S.A. 4:28-6 et al.

CANNABIS MANUFACTURER

Any person or entity holding a Class 2 cannabis manufacturer license issued by the State of New Jersey, 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.

CANNABIS RETAILER

Any person or entity holding a Class 5 cannabis license issued by the State of New Jersey 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.

CANNABIS WHOLESALER

Any person or entity holding a Class 3 cannabis wholesaler license issued by the State of New Jersey 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.

COMMISSION or CRC

The New Jersey Cannabis Regulatory Commission established pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA).[7]

GIFTING

The sale of any object containing cannabis or a cannabis product wherein the cannabis itself is assigned no or a below market price sales price.

MICROBUSINESS

Shall have the same meaning as defined in N.J.S.A. 24:6I-33 and operated in accordance with N.J.A.C. 17:30-6.7. Per statute, it means a person or entity licensed by the state as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service that may only, with respect to its business operations and capacity and quantity of product: employ no more than 10 employees; operate a cannabis establishment occupying an area of no more than 2,500 square feet, and 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 about that plane not higher than 24 feet; possess no more than 1,000 cannabis plants each month, except that a cannabis distributor's possession of cannabis plants for transportation shall not be subject to this limit; acquire each month, in the case of a cannabis manufacturer, no more than 1,000 pounds of usable cannabis; acquire for resale each month, in the case of a cannabis wholesaler, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof; and acquire for retail sale each month, in the case of a cannabis retailer, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof. Cannabis microbusinesses are not permitted in the Township.

PUBLIC PLACE or QUASI-PUBLIC PLACE

Any place to which the public has access that is not privately owned; 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, school, 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.

RESOLUTION OF SUPPORT

Proof of local municipal support, which shall be demonstrated by a resolution adopted by the Township Council.

TOWNSHIP

Township of Maple Shade.

[1]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

[2]

Editor's Note: See N.J.S.A. 24:6I-1 et seq.

[3]

Editor's Note: See now N.J.S.A. 24:6I-1 et seq.

[4]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

[5]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

[6]

Editor's Note: See N.J.S.A. 24:6I-1 et seq.

[7]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

All other terms as defined in the Act are hereby incorporated herein by reference and shall have the meanings set forth in the Act, as may be amended or superseded.

§ 114-55 Sale of adult use cannabinoid items to minors is prohibited.

It shall be unlawful and a violation of this article to sell, or offer for sale, distribute, or deliver any adult use cannabinoid item to an individual under the age of 21 years.

Any person who sells any adult use cannabinoid items and who has reasonable cause to believe that a person who attempts to purchase the product is under 21 years of age shall require that the purchaser present identification that indicates his or her age.

A person may only sell adult use cannabinoid items products in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays, vending machines, and delivery of adult use cannabinoid items are prohibited.

Violation of any of the provisions of this section may result in suspension or revocation of any license required by this chapter in addition to the penalties contained in § 114-60. No suspension or revocation shall take place prior to the license holder having an opportunity to be heard upon at least 10 days' notice.

§ 114-56 Licensed use applicability.

The use of any cannabis license shall only be in strict accordance with the land use and location requirements of the Township Municipal Code. Consequently, the Township may or may not establish locations for the use and operation of the six types of cannabis business licenses and operations as set forth in the Act. Should the Township establish more than one type of cannabis license, nothing herein shall prohibit a single owner from owning more than one such license, provided such ownership is not prohibited by state statute or rule.

§ 114-57 Local licensing authority, license maximum and regulations.

The Township Council is hereby designated to act as the local licensing authority for the Township for all cannabis businesses within the Township. The Township Manager shall function as the receiver of any communications from the State Cannabis Regulatory Commission and shall promptly convey any item of information with regard to the licensing of cannabis businesses by the state or in which state law requires any review or approval by the Township of any action to the Township Council.

Under no circumstances shall a local license for a cannabis business issued by the Township Council be effective until or unless the state has issued the requisite licenses to operate such a facility. It is the intent of this article that no cannabis business may lawfully operate in the Township without the issuance of a state license and full regulatory oversight of the cannabis business by the Cannabis Regulatory Commission or other state licensing authority as required by law as well as the appropriate land use approvals, oversight, and issuance of a license by the Township.

Municipal licensing for cannabis businesses shall follow the nomenclature of the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act"[1] as indicated in the definitions in this article.

[1]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

Permitted Classes of Licenses, Maximum number of licenses and fees.

Cannabis cultivators, manufacturers and retailers shall be permitted within certain boundaries of the Township. Subject to the land use and location requirements of the Township Municipal Code, the Township may issue up to and including the following number of licenses which shall require the associated license application fee for Class 1, 2 and 5, initial annual license fee and annual renewal fee:

Township of Maple Shade Cannabis License and Fee Schedule
License	Class	Maximum Number of Licenses to be Issued	Nonrefundable Application Fee	Nonrefundable Annual License and Renewal
Cannabis Cultivator	1	1	$10,000	$25,000
Cannabis Manufacturer	2	1	$10,000	$25,000
Cannabis Retailer	5	3	$10,000	$25,000

The amount of the nonrefundable application fee, nonrefundable initial annual license fee, nonrefundable annual renewal fee and number of licenses may be modified from time to time by a subsequent duly adopted resolution of the Township Council escrow.

Additional licensing regulations.

Hours of operation.

No cannabis retail Class 5 dispensary may open to customers for business before 8:00 a.m. or remain open to customers for business after 10:00 p.m. A cannabis retail Class 5 dispensary may operate seven days a week. This time restriction does not apply to Class 1-2 cannabis establishments.

Prohibited consumption. The consumption of cannabis items through smoking, vaping, aerosolizing or other means (e.g., edibles) is prohibited within or on the grounds of any licensed cannabis establishment within the Township.

Security. All structures shall be designed, using safety and security barriers, to prevent the unlawful and unauthorized entry into the structures as prescribed by state law.

There shall be controlled access to the site, with 24/7 on-site video monitoring of the exterior and interior of the facility. Video records shall be retained and stored for the period prescribed by state law, but in no case shall such video be retained and stored for less than 30 days.

Any site plans, construction plan, reports and similar documents depicting or describing access and security details information concerning the facility shall be deemed and protected as confidential security documents and exempt from disclosure as public records.

Emergency power. All licensed cannabis establishments services shall have a backup generator, capable of maintaining, at a minimum, all electronic security systems and odor control systems in the event of a power failure for a period of at least 48 hours.

Enclosed building. All cannabis establishments, as may be permitted within the Township, shall take place within an enclosed building. Any facility that is not the sole occupant of its building shall have no internal doorways, windows, or utility chases in common with other spaces in the building and shall have a separate HVAC system (which incorporates odor control) solely for the cannabis business.

Pollen and seed control. Any cannabis cultivation business shall implement measures to prevent cross-pollination and to prevent cannabis pollen and seeds from leaving the premises, which may include, but not limited to, use of pollen screens, ultraviolet light and other methods to ensure that employees, customers, vendors and other persons on site do not leave the premises while carrying any cannabis pollen or seeds knowingly or unknowingly.

Fencing. All fencing or walls installed for security purposes shall be at least six feet in height. Such security structure may be extended in height as approved on a site plan by the Planning Board.

(8)

Site management. Any cannabis business shall properly store and dispose of all waste generated on the site, including chemical and organic waste, in accordance with all applicable laws and regulations. No cannabis business shall dispose of cannabis or cannabis products unless they have been made unusable and unrecognizable.

(9)

Noise. All cannabis business facilities shall operate in compliance with state, county, and local noise laws and regulations, except in emergency situations requiring the use of a backup generator.

(10)

Odor. All cannabis business facilities shall utilize available technology to filter and recirculate air, so that odors are not discernable by a reasonable person beyond the property line. Such determination shall be supported by such exhibits, submissions and expert testimony in a development application before the Maple Shade Planning Board for site plan approval to which the approving authority may attach reasonable conditions. The Planning Board may engage such experts as needed to evaluate the submissions made by the applicant in accordance with the procedures set forth in N.J.S.A. 40:55D-1 et seq.

(11)

Site plan and other necessary land use approvals. All applicants for a local license to operate a cannabis business within the Township shall be required to apply for and obtain site plan approval and any other necessary land use approvals from the Maple Shade Planning Board as applicable. This requirement is not a pre-requisite to a cannabis business obtaining an endorsement from the Cannabis Advisory Committee or a resolution of support from the governing body.

(12)

Host community agreement. Any applicant for a license to operate a cannabis business within the Township shall be required to enter into a host community agreement with the Township after obtaining all approvals to i) address on- or off-site impacts reasonably anticipated because of the nature of the business and/or the property on which such business is proposed to be located as a condition of local land use approval, and ii) memorialize an applicant's commitment to the community and the Township.

(13)

Sales restricted to persons over age 21. No sales of cannabis items shall be permitted to persons who are under the age of 21 years. Pursuant to N.J.A.C. 17:31-2.2 no person under the age of 21 shall be permitted to enter a cannabis establishment unless accompanied by and supervised by a parent or legal guardian or as otherwise permitted by law.

(14)

Class 5 retail dispensary. Any retail facility:

Shall contain video equipment to record all persons as they enter and leave the facility and as they shop within the facility. The video equipment must also record all vehicles in the parking areas.

Uniformed Maple Shade police officers or other security officers must be present on premises within the jurisdiction of Maple Shade at all times when the facility is open for business. The Township of Maple Shade shall be reimbursed for the cost of these officers at the contractor rate specified in the police contract.

(15)

All operations of cannabis businesses shall occur within a single, or series of, completely enclosed buildings. No outdoor storage shall be permitted. No cannabis business shall be operated out of a residential home, accessory structure to a residential home or a vehicle.

(16)

A cannabis retail Class 5 dispensary shall not be located within 250 feet of a public of private school or childcare facility measured from the front door of the cannabis establishment to the front door of the school or childcare facility; a house of worship; the front door of the cannabis establishment to the property lot line of a public or private playground; or an athletic field.

(17)

State and municipal licenses shall be prominently displayed inside the permitted premises in a location where it can be easily viewed by law enforcement and administrative authorities.

(18)

Outside generators and other mechanical equipment used for any kind of power supply, cooling, or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution.

(19)

No pictures, photographs, or drawings of cannabis or cannabis paraphernalia shall appear on the outside of any licensed premises nor be visible outside of the licensed premises on the licensed property. The word "marijuana," and any other words used or intended to convey the presence or availability of marijuana, shall not appear on the outside of the licensed premises nor be visible outside of the licensed premises on the licensed property. Any signage must conform with and be approved in accordance with the Township Municipal Code.

(20)

The Planning Board, in its discretion, shall impose the requirement of a noise wall barrier when appropriate.

§ 114-58 Cannabis Advisory Committee.

A Township Cannabis Advisory Committee (CAC or the "Committee") as appointed below will function as the body for local review for the Township for all cannabis establishments but the authority and responsibility to adopt a resolution of support remains with the Township Council. Under all circumstances in which state law requires communication to the Township by the New Jersey Cannabis Regulatory 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 shall be communicated through the Township Manager with advice of the Cannabis Advisory Committee and authorized by the Township Council.

Members of the CAC shall include the following individuals:

Township Manager.

The Chief of Police or his or her designee.

Special Cannabis Counsel.

The Township Clerk.

The Director of Business and Economic Development.

To the extent necessary and in its sole discretion, the Committee shall be supported by other legal and planning professionals. The Committee may request additional resources as necessary to effectuate the responsibilities of the Committee. The applicants shall deposit and fund an escrow in the amount of $5,000 for the costs of said professionals. If the Township must hire one or more consultants to evaluate a first-time or renewal application for a license, the applicant will be responsible for the review fees of the Township's hired consultant(s). To the extent that the escrow is exhausted, the applicant shall provide any replenishment amount required by the Committee within 10 days of a replenishment request by the Committee.

Duties of the Committee will be to advise the Township Council as to the issuance of a resolution of support and local cannabis license. The Committee's work shall be made consistent with the criteria outlined in this article, but the Committee shall have discretion to deviate from same. The Committee shall evaluate all applications and issue to the Township Council a recommendation as to the issuance of a resolution of support or a rejection of the application. The Committee, pursuant to this subsection, shall prepare a memorandum addressed to the Township Council recommending whether to grant or deny each completed application. The recommendation shall be made after consideration and evaluation of the following criteria:

The applicant's owners' or principals' qualifications and experience operating in highly regulated industries, including cannabis, healthcare, pharmaceutical manufacturing, or retail pharmacies, with preference to experience operating such businesses within the State of New Jersey and where the value of the owners' experience shall outweigh the experience of non-owner principals.

The applicant's qualifications and experience related to public safety and security, including any of the applicant's owners' or principals' experience in securing controlled substances or valuable items.

The status of the applicant's control over the premises at the proposed location, and specifically whether the applicant owns or has executed an agreement to lease or purchase the site.

The extent of the applicant's ties to the community as measured by residency in Maple Shade by employees, managers and/or shareholders, historical operation of a local business, historical ties to Maple Shade or area civic organizations and/or charities.

The applicant's demonstrated commitment or sufficient experience as responsible employers, defined as the applicant entity being a party to a labor peace agreement or the applicant entity or its parent company being a party to a collective bargaining agreement in an effort to create well-paying jobs with employee benefits in the municipality.

The applicant's financial stability, environmental impact and sustainability plan.

Any other information that the applicant may wish to highlight and bring to the Township's attention regarding the proposed cannabis business operation and/or the owners, principals or employees of the business.

The Township Council shall act on the recommendations made by the Cannabis Advisory Committee within 60 days of the Committee issuing its recommendations to issue a resolution of support or to not issue a resolution of support of a municipal cannabis license. The Township Council shall not issue resolutions of support in excess of the number of local cannabis licenses permitted in accordance with the Township of Maple Shade Cannabis License and Fee Schedule set forth in § 114-57D above. The Township Manager shall engage with an applicant granted a resolution of support and after all other approvals for a host community agreement which must be approved by the Town Council.

§ 114-59 License application requirements.

No one may operate a cannabis establishment ("establishment") in the Township without a municipal license. A license must be requested and obtained annually upon approval of the Township Council for the establishment prior to, and as a condition of, license renewal pursuant to CREAMMA,[1] the regulations at N.J.A.C. 17-30 et seq. and this chapter. Only the municipal license, annually renewed pursuant to the cited authority herein, shall constitute the annually required written municipal approval required for the establishment pursuant to the regulations of the New Jersey Cannabis Regulatory Commission (CRC). Other written statements, letters, resolutions or other documents issued by the Township or any official, employee, or other representative shall not constitute annual or renewed written municipal approval for purposes of the CRC.

[1]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

In addition to a municipal license, in order to operate a cannabis establishment in the Township, the appropriate state licenses are required. All applications for permits and licenses, all permits and licenses issued and all proceedings under this section shall be in accordance with all applicable laws of the state and Township.

In order to operate a cannabis establishment, the applicant shall be in possession of all applicable land use/zoning approvals and all construction permits and approvals from all municipal and state entities having jurisdiction over same.

Persons seeking to obtain any classification of municipal cannabis license shall file an application with the Township Clerk on a standardized form established by the Township and available in the Township's Clerk's office. The Township Clerk shall establish a reasonable application period, deadline for all applications or a rolling application process. An application shall be deemed incomplete and shall not be processed by the Township until all documents and application fees are submitted. The applicant may be required to appear for a meeting with the Cannabis Advisory Committee.

The Township Clerk after consulting with the Committee may deny any application that is lacking any required element or exhibit.

The Township Clerk after consulting with the Committee may deny any application due to an applicant's nonresponsiveness to the Township's request for additional information.

To be deemed complete, all applications shall be accompanied by the following:

Every applicant shall specify the location where the cannabis facility will operate. Name, address of owner, applicant, property location, including address and lot and block on the official tax map and zone identification. A separate application shall be required for each location at which a cannabis facility operates. The Township shall permit the co-location of cannabis businesses at the same location subject to state statute and regulations. Such co-location shall constitute one license for the calculation of limitation on the number of licenses only. All other requirements and fees apply.

The applicant shall submit proof that the applicant has or will have lawful possession of the premises proposed for the cannabis establishment, which proof may consist of a deed, lease, a real estate contract contingent upon successful licensing, or a binding letter of intent by the owner of the premises indicating an intent to lease the premises to the applicant contingent upon applicant's receipt of a license from the State of New Jersey.

The applicant and/or owner, as may be applicable, shall submit an affidavit and documentary proof of compliance with all state and local laws regarding affirmative action, anti-discrimination and fair employment practices. The applicant and/or owner, as may be applicable, shall also certify under oath that they will not discriminate based on race, color, religion (creed), gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations.

The location proposed for licensing by the applicant shall comply with all applicable municipal zoning laws and the location restrictions set forth in the land development portion of the Township Municipal Code. A letter from the appropriate zoning official indicating that the location proposed for licensing by the applicant complies with all applicable Township zoning laws and the location restrictions set forth herein. The fee for the letter from the Zoning Official is $100.

The applicant, owner and its principals, as may be applicable, shall submit, to the satisfaction of the Township Council, proof of financial capability to open and operate a cannabis establishment for which the applicant is seeking a license. Standards of proof of financial capability from the cannabis business shall be profit and loss statements and 60 days of the most recent bank statements. Completed applications shall include a business plan outlining the proposed operations of the cannabis business.

The applicant shall submit all required nonrefundable fees for the application and license in accordance with the Township of Maple Shade Cannabis License and Fee Schedule contained in § 114-57D above.

In addition to complying with any state requirement related to good character and criminal background, any person proposed to have an ownership interest in the license shall not have had any cannabis license or permit revoked for a violation affecting public safety in any state.

(8)

Applicant shall submit a summary of the applicant's plans for storage of products and currency, physical security, video surveillance, security personnel, and visitor management as well as training plans.

Terms of local cannabis license and cannabis license renewals:

Before the occupancy of a building or buildings where the local cannabis license will be used to operate the cannabis business, the license holder shall obtain site plan approval, along with any and all other land use approvals deemed necessary from the appropriate Township land use board, along with any additional outside governmental agency approval(s) which may be necessary.

Any local license issued pursuant to this article shall be valid for a period of one year from the date of issuance and shall be renewed in accordance with the provisions of this article.

The Township Manager may adjust the renewal date of the local license to correlate with an applicant's state licensing and renewal schedule.

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.

Transfer of ownership of any local license or change of location of any license or modification to expand a licensed premises shall be subject to review and approval by the Township Council and Planning and submission and approval of a new license application and application fees.

Except where the Township Clerk 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 products from the premises of any licensee after the expiration date recorded on the face of the license, except for the closure of the business.

Subject to the requirements and limitations of state law, the Township shall have the reasonable right to inspect the premises of any approved cannabis establishment during its regular hours of operation to ensure compliance with local ordinances and regulations. It shall be unlawful for any cannabis business to refuse to allow such inspection or to hinder such an inspection.

§ 114-60 Enforcement and penalties.

This article shall be enforced by the Code Enforcement Officer, Zoning Officer, or such other Township official as designated by the Township Manager.

Jurisdiction. Violations of this article shall be adjudicated in the Maple Shade Municipal Court. This ordinance shall not affect the judicial proceedings of any other aspect of cannabis use in the Township of Maple Shade.

Penalties. Convictions shall result in the following penalties:

First offense and subsequent offenses: A mandatory fine shall be imposed in an amount of $5,000 per day per violation. In addition to the mandatory fine, the following penalties may be imposed in the discretion of the Municipal Court Judge:

Imprisonment in the Burlington County Jail for any term not exceeding 90 days; or

Imposition of a period of community service for a period not exceeding 90 days.

Each and every day of the violation shall be construed as a single and separate offense.

Summary suspension. Notwithstanding the foregoing, when the Township Manager has been notified of a conviction by a licensee, or has reasonable grounds to believe that a licensee 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 immediate action, or in circumstances where the licensee has failed to reimburse the municipality for outside third-party consultant fees in a timely manner as set forth herein or if the corresponding State license for the subject location is expired, surrendered, suspended, or revoked, the Township Manager in consultation with the Cannabis Advisory Committee may enter a summary suspension order which immediately suspends the licensee's license to operate and schedule a hearing as follows:

The summary suspension order shall be in writing, shall state the reasons therefor, and shall schedule a hearing not less than 10 nor more than 30 days from the date of the order. The order shall be served upon the licensee immediately.

The Township Manager shall convene the Cannabis Advisory Committee to conduct the hearing. The licensee shall be permitted to appear at the hearing, along with counsel, if so desired. The licensee must notify the Township Manager at least five days prior to the hearing if the licensee plans to bring counsel to the hearing. At the conclusion of the hearing, the Maple Shade Cannabis Advisory Committee may lift the suspension order and reinstate the license in cases where the licensee has taken sufficient immediate actions to rectify the violation(s) which were the cause of the summary suspension order. Alternatively, the Maple Shade Cannabis Advisory Committee may impose any fines, conditions, restrictions, suspensions, revocations or combination thereof as warranted.

(c)

Inactive licenses. Following the commencement of operations by a cannabis business, the Township Manager may suspend or revoke any license if the licensed premises has been inactive or unoccupied by the licensee for at least six months.