A.
Any person, business or organization, prior to operating a cannabis retail business within Stanhope Borough, shall first apply for and secure from the Borough of Stanhope Council an annual local Class 5 cannabis retail license. A copy of the application shall be approved and may be amended by the Borough Council.
B.
Applicants shall include the location of the proposed retail cannabis location, and any change in proposed location shall require submission of a new application to the Borough Council.
C.
The Borough of Stanhope, through its Municipal Clerk, shall begin accepting applications for the annual local cannabis retail license 15 days following final passage of this chapter. The period of each annual local cannabis establishment license shall commence January 1 (or the date of issuance of the license), and expire on December 31 of the calendar year.
D.
The number of licenses available for cannabis retail businesses shall be as established by Stanhope Borough Code § 100-117.1F, as may be amended. Once the number of licenses permitted by Stanhope Borough Code have been granted, the Borough Clerk shall maintain a waiting list of applicants for a license, in the order that complete applications have been made. A change in proposed location will not result in an applicant losing a conditional license or their place on the waiting list, so long as the Borough Council approves of the new location.
E.
A retail cannabis establishment shall be required to maintain a retail license from the State of New Jersey Cannabis Regulatory Commission as a condition of holding a local annual cannabis retail license. An applicant is permitted to apply for a municipal cannabis retail license so long as the applicant shall have submitted a complete application to the Cannabis Regulatory Commission prior to submitting an application for a municipal cannabis license. The municipal cannabis retail license shall be displayed at all times.
F.
By no later than December 1 of the license year, all licensees shall be required to again file an application for a local annual cannabis retail license to be authorized to continue operation as a retail cannabis establishment within the Borough of Stanhope.
G.
All local retail cannabis establishments' licenses shall be conditional, and shall remain subject to all laws and regulations of the Borough of Stanhope 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 Borough of Stanhope. Upon receiving conditional approval for a municipal cannabis retail license from the Stanhope Borough Council, all retail cannabis establishments shall obtain approval from the Stanhope Borough Land Use Board, as required by Stanhope Borough Code § 100-117.1F, prior to commencing operations. Once Land Use Board approval is obtained, the retail cannabis establishment shall apply to the Borough Council for consideration and review for issuance of a final license.
H.
The initial application fee for each local cannabis establishment license shall be $5,000 and the renewal application fee shall be $2,500. Such fees shall be non-refundable. An escrow in the initial amount of $1,000 shall be established and replenished upon request for administrative and professional fees and costs relating to the application and oversight during the term.
I.
Each application will be considered by the governing body at a publicly noticed meeting, and a resolution shall be adopted approving or disapproving of the license applied for.
J.
Applicants granted a local cannabis retail license shall pay a non-refundable annual fee of $10,000 prior to any license being issued, with such payment to be made to the Borough Clerk by January 1 of each calendar year, or within 10 days of the date the license is granted by the Borough Council. Should the required annual fee not be paid, a license shall not be issued, and any prior license issued shall become null and void.
K.
Applicants shall be required to comply with all municipal cannabis tax requirements, pursuant to Borough Code Chapter 123.
L.
All local cannabis retail establishment licenses shall be non-transferable.
M.
All local cannabis retail establishments shall be subject to unannounced inspections by a designated representative of the Borough. Access shall be permitted to the designated representative.