The regulations of this chapter are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities, including the Commission. If any provision of this chapter is inconsistent with state statutes and/or regulations, the state statutes and/or regulations shall prevail.
The purpose of this chapter is to enable the City of Salem to take effective action to assure that all cannabis-related businesses advance the requirements of their licensure as regulated by the State of New Jersey, by ensuring the citizens of the City of Salem are provided ample opportunity to participate within the new industry while advancing community development initiatives, including, but not limited to, social-justice-related programming, job training, enhanced recreational opportunities, public health and drug prevention education, and/or support thereof.
A. 
The following terms, as used in this chapter, shall have the meaning as set forth in § 130-5 of the Salem City Code:
(1) 
Cannabis.
(2) 
Cannabis delivery services.
(3) 
Cannabis distributor.
(4) 
Cannabis item.
(5) 
Cannabis manufacturer.
(6) 
Cannabis product.
(7) 
Cannabis retailer.
(8) 
Consumer.
(9) 
Licensee.
(10) 
Premises or licensed premises.
(11) 
Cannabis establishment.
B. 
In addition to the foregoing definitions, the following definitions shall apply:
ADMINISTRATIVE OFFICER
The Director of Commerce or his or her designee shall act as the administrative officer for accepting and processing of applications to the Economic Development/Community Development Committee of the City of Salem (ECDC). The administrative officer shall be the point of contact for all communication between the City of Salem and the state licensing authority or any other state agency with regard to the cannabis retailer, medical cannabis dispensary or Salem-based cannabis delivery operator. The Administrative Officer, in consultation with the ECDC and City Council, shall enforce the provisions of this code.
CANNABIS FACILITY
The property of location at which a cannabis establishment is licensed to operate its business.
CONCURRENT LICENSE HOLDER
Any person, firm, corporation, or other entity authorized pursuant to N.J.S.A. 24:61-46 to concurrently hold more than one state license.
CREAMM ACT
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.), as amended and supplemented, that authorizes the CRC to expand and further develop the current Medicinal Cannabis Program as well as develop, regulate, and enforce the rules and activities associated with recreational cannabis for adults 21 years or older.
LOCAL LICENSE
A license issued by the City of Salem pursuant to § 90-6 authorizing the operation of a cannabis establishment within the City of Salem.
LOCAL LICENSE HOLDER
Any cannabis establishment that has been issued a local license pursuant to this Code.
RESOLUTION OF LOCAL SUPPORT
A Resolution adopted by the City Council in accordance with § 90-4 indicating the City's local support for the suitability of the proposed location for the cannabis facility and for the cannabis establishment.
STATE LICENSE
A license issued to a cannabis establishment by the Commission or any other state agency authorized to issue licenses to any cannabis establishment, as applicable, pursuant to the CREAMM Act.
ZONING COMPLIANCE AFFIDAVIT
A letter or affidavit issued by the City's Zoning Officer pursuant to § 90-5 indicating that the proposed location for the cannabis establishment will conform to municipal zoning requirements allowing for such activities related to the retail sales and delivery as will be conducted at the proposed cannabis facility by the CREAMM Act.