[Added 5-8-2025 by Ord. No. 2025-11]
Pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16)[1] and N.J.S.A. 40:48I-1a(1), the Township establishes a local cannabis tax of 2% on sales realized by cannabis cultivators (Class I licensees) and cannabis manufacturers (Class II licensees), and 1% for cannabis wholesalers (Class III). The tax percentage is based on the receipts for each sale and is paid directly to the municipality in the manner prescribed by the municipality in § 29-2. The following user and transfer taxes are hereby established on all Cannabis Establishments operating in the Township, at the maximum amount as permitted by the laws of the State of New Jersey or the amounts set forth below, whichever is greater:
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Added 5-8-2025 by Ord. No. 2025-11]
A transfer tax of 2% shall be imposed on the gross receipts from each sale of all cannabis and cannabis items by any cannabis cultivator or manufacturer; a transfer tax of 1% shall be imposed on the gross receipts from each sale of all cannabis and cannabis items by any cannabis wholesaler.
[Added 5-8-2025 by Ord. No. 2025-11]
The transfer tax shall be stated, charged and shown separately on any sales slip, invoice, receipt or other statement or memorandum of the price paid or payable or equivalent value of the transfer for the cannabis or cannabis item.
[Added 5-8-2025 by Ord. No. 2025-11]
The transfer tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity with regard to cannabis.
[Added 5-8-2025 by Ord. No. 2025-11]
In addition, there shall be a 2% user tax imposed on any concurrent license holder operating more than one Cannabis Establishment.
[Added 5-8-2025 by Ord. No. 2025-11]
The user tax shall be imposed on the value of each transfer or use of cannabis or cannabis items not otherwise subject to the transfer tax imposed on the license holder's business that is located in the Township to any other of the license holder's businesses, whether located in this municipality or any other municipality.
[Added 5-8-2025 by Ord. No. 2025-11]
Pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), the Township is authorized to establish a procedure for the collection of a local cannabis tax for certain classes of cannabis licenses and in furtherance of that authority directs holders of State issued cannabis licenses to pay any such tax authorized to be collected under this chapter to the Wantage Chief Financial Officer who will accept said funds as revenue to the Township. The remittance of Cannabis Taxes and/or Delinquencies are to be in accordance with the following:
[Added 5-8-2025 by Ord. No. 2025-11]
All transfer and user taxes collected by any Cannabis Establishment pursuant to this chapter shall be remitted to the Township's Chief Financial Officer on a monthly basis.
[Added 5-8-2025 by Ord. No. 2025-11]
If the transfer tax or user tax is not paid when due, the unpaid balance, and any interest accruing thereon per Section 29-3, shall be a lien on the parcel of real property comprising the Cannabis Establishment's premises.
[Added 5-8-2025 by Ord. No. 2025-11]
The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee, or other person, except the lien of municipal taxes, and shall be on a parity with and deemed equal to the municipal lien on the parcel for unpaid property taxes due and owing in the same year.
[Added 5-8-2025 by Ord. No. 2025-11]
The Township shall file in the office of its Tax Collector a statement showing the amount and due date of the unpaid balance of cannabis taxes and identifying the lot and block number of the parcel of real property that comprises the delinquent Cannabis Establishment's premises. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens are enforced.
[Added 5-8-2025 by Ord. No. 2025-11]
Failure of the Cannabis Establishment to make full payment of the user and transfer taxes hereinabove imposed shall be grounds for the immediate revocation and/or termination of any local annual cannabis license and/or any local annual cannabis.
[Added 5-8-2025 by Ord. No. 2025-11]
Pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),[1] the Township is authorized to impose interest upon any late payment of the local cannabis tax as permitted by N.J.S.A. 54:4-67 and in furtherance of that authority directs the Chief Financial Officer to impose the rate of interest upon any late payment of the cannabis tax in accord with the annual resolution adopted by the governing body fixing the rate of interest to be charged for nonpayment of taxes or assessments subject to any abatement or discount for the late payment of taxes as provided by law.
[1]
Editor's Note: See N.J.S.A. 24: 6I-31 et seq.
[Added 5-8-2025 by Ord. No. 2025-11]
Pursuant to Section 31 of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (N.J.S.A. 24:6I-45b), Class 5 Cannabis Retail is prohibited within the geographic boundaries of the Township of Wantage and no State or local licenses shall be authorized to be issued for same.
[Added 5-8-2025 by Ord. No. 2025-11]
Pursuant to Section 31 of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-45b, the operating premises/principal location of any cannabis delivery service, including any New Jersey licensed Class 6 Cannabis Delivery Service, is prohibited from being located within the geographic boundaries of the Township of Wantage, and no local licenses shall be authorized to be issued for same. Nothing herein shall be construed to prohibit the transport or delivery of cannabis items and related supplies within the Township by a New Jersey licensed Class 6 Cannabis Delivery Service on private property to a consumer of 21 years of age or older for personal use from the licensed premises of a Class 6 Cannabis Delivery Service located outside the geographic boundaries of the Township in accordance with the Act and the regulations of the Commission.
[Added 5-8-2025 by Ord. No. 2025-11]
Pursuant to Section 32 of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-21, all Cannabis Consumption Areas are prohibited from being located or otherwise operated within the geographic boundaries of the Township of Wantage.
[Added 5-8-2025 by Ord. No. 2025-11]
Prior to commencing and engaging in any cannabis business activities and uses within the Township permitted by the New Jersey Cannabis Regulatory Commission pursuant to a State-issued Class 1, 2, 3, or 4 license validly issued in accordance with the Act, any person, business, and/or organization shall first apply for and secure from the Township a local annual cannabis license. Nothing herein shall be read or construed to conflict with the statutory provisions as to Cannabis Delivery Services licensed by the Cannabis Regulatory Commission. Any preexisting establishment engaging in any medicinal cannabis business activity within the Township prior to the enactment of N.J.S.A. 24:6I-31 et seq., who subsequently obtains a license from the New Jersey Cannabis Regulatory Commission as a Class 1, Class 2, Class 3, Class 4, or otherwise is licensed as a vertical integrated licensee shall also apply for and secure from the Township a local annual cannabis license. Additionally, any Class 1, Class 2, Class 3 or Class 4 licensee obtaining State and/or local approvals to operate within the Township prior to the effective date of this chapter shall also apply for, and secure from the Township, a local annual cannabis license.
[Added 5-8-2025 by Ord. No. 2025-11]
The Township Committee shall begin accepting applications for Class 1, 2, 3, or 4 local annual cannabis licenses 15 days following final passage of this chapter.
[Added 5-8-2025 by Ord. No. 2025-11]
The initial local annual cannabis license shall be valid until December 31, 2025. Thereafter the period of each annual local Cannabis Establishment license shall commence on January 1 and expire on December 31 of the calendar year.
[Added 5-8-2025 by Ord. No. 2025-11]
By no later than December 1 of any existing license year, the licensee shall be required to file an application for the renewal of a local annual cannabis license to be authorized to continue operation as a Class 1, 2, 3, or 4 Cannabis Establishment within the Township.
[Added 5-8-2025 by Ord. No. 2025-11]
All local annual cannabis licenses shall be conditional and shall remain subject to all State and local laws and regulations. Failure of any licensee to comply with such applicable laws shall be grounds for revocation and/or nonrenewal of the local annual cannabis license by the Township Committee.
[Added 5-8-2025 by Ord. No. 2025-11]
The initial application fee for each local annual cannabis license, of each class-type, shall be $5,000 and the renewal application fee shall be $2,500. In addition, an escrow shall be established with the Township by the licensee for Township administrative and professional fees and costs relating to the application and oversight during the term of the license.
[Added 5-8-2025 by Ord. No. 2025-11]
Unless the Township issues a license renewal, it shall be unlawful for any person to manufacture, sell, distribute, transfer, transport, or otherwise remove cannabis or cannabis products/items from the premises of any Cannabis Establishment after the expiration date recorded on the face of the license.
[Added 5-8-2025 by Ord. No. 2025-11]
All local annual cannabis licenses shall be nontransferrable. All local annual cannabis licenses shall be specific to the property location authorized and approved by the Township.
[Added 5-8-2025 by Ord. No. 2025-11]
The licensed premises of all licensees shall be subject to unannounced inspections by designated representatives of the Township, including members of the Township Committee, the Zoning Officer, the Township Engineer, the Land Use Board Engineer, and the Construction Official. Access shall be permitted by the designated representative(s) on demand by the Township's authorized representative.
[Added 5-8-2025 by Ord. No. 2025-11]
The applicant shall submit an application to the Office of the Municipal Clerk, under oath on a form furnished by the Township of Wantage, with an application fee of $5,000, which fee shall be nonrefundable to the extent it has been expended toward the Township's administrative, professional, and other costs for the application review process.
[Added 5-8-2025 by Ord. No. 2025-11]
The annual license renewal fee for successful applicants operating cannabis establishments in the Township of Wantage shall be implemented as required in accordance with the following fee schedule, which shall be refunded in the event the applicant does not receive an annual license:
a. 
Class 1 Cannabis Cultivator license: $2,500.
b. 
Class 2 Cannabis Manufacturer license: $2,500.
c. 
Class 3 Cannabis Wholesaler license: $2,500.
d. 
Class 4 Cannabis Distributor license: $2,500.
[Added 5-8-2025 by Ord. No. 2025-11]
Upon the receipt of an application, the Office of the Municipal Clerk shall transmit the application to the Mayor and the Township Committee for review of the application.
[Added 5-8-2025 by Ord. No. 2025-11]
The Clerk shall establish a reasonable application period and deadline for all applications. An application shall be deemed incomplete and shall not be processed by the Clerk and transmitted for review until all documents and application fees are submitted. To be deemed complete, all applications shall be accompanied by the following:
a. 
The name and home address of the applicant. If the applicant is not a natural person, the applicant shall submit a statement setting forth the names and home addresses of all stockholders in the corporation or partnership who own 10% or more of its stock, of any class or of all individual partners in the partnership who own a 10% or greater interest therein, as the case may be. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed with its home address. The disclosure shall be continued until names and home addresses of every noncorporate stockholder, and individual partner, exceeding the 10% ownership criteria has been listed.
b. 
The name of any other business entities in which any of the individuals identified pursuant to paragraph d of this provision have or have had an ownership interest which: i) cultivates, manufactures, wholesales or dispenses cannabis or cannabis products; ii) invests or finances in any such entity; or iii) is regulated by any governmental entity.
c. 
A copy of the license issued by the Cannabis Regulatory Commission authorizing the applicant to operate as a Licensed Cannabis Establishment with a copy of all application materials and documents submitted to the Commission for a license.
d. 
An affidavit from the applicant attesting to and accompanied by documentary proof of compliance with all state and local laws regarding affirmative action, antidiscrimination and fair employment practices. The applicant shall also certify under oath that they will not and shall not discriminate based on race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations.
e. 
Plans prepared by a duly licensed architect, engineer, or planner which shall depict the layout and design for the proposed location of the Licensed Cannabis Entity within the Township.
f. 
The required plans shall depict the proposed security measures for the location. The plans shall be deemed confidential consistent with state law.
g. 
The applicant shall also provide either a lease agreement or agreement of sale for the property where the applicant intends to operate the Licensed Cannabis Entity. The lease agreement or agreement of sale may be contingent upon the applicant's ability to successfully: i) obtain a Local License; and ii) if applicable, obtain approval from the Wantage Township Land Use Board.
[Added 5-8-2025 by Ord. No. 2025-11]
The Township Committee shall evaluate any and all applicants and issue a notification of award after consideration and evaluation of the following criteria:
a. 
Qualifications and Experience. Applicant's owners' or principals' qualifications and experience operating in highly regulated industries, including cannabis, healthcare, pharmaceutical manufacturing, and retail pharmacies, with preference to experience operating such businesses within the State of New Jersey and where the value of owners' experience shall outweigh the experience of nonowner principal, submission of formal business plan for the proposed Licensed Cannabis Entity including pro forma is required.
b. 
Security Plan. Applicant's qualifications and experience related to public safety and security, including any of the applicant's owners' or principals' experience in law enforcement and drug enforcement, and a summary of the applicant's plans for storage of products and currency, physical security, video surveillance and digital storage, security personnel and their qualifications, and visitor and employee security management.
[Added 5-8-2025 by Ord. No. 2025-11]
Cannabis Establishments shall meet all of the requirements for licensure pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, the regulations of the Commission and all other applicable State and local laws.
[Added 5-8-2025 by Ord. No. 2025-11]
Cannabis Establishments shall at all times hold a valid current license or permit issued by the State of New Jersey, along with a local annual cannabis license issued by the Township to undertake cannabis activities at the permitted property. Both the Township and State issued licenses are valid only for the location identified on the licenses and until the expiration date printed on the license. Both the Township and State-issued licenses shall be prominently displayed inside the permitted Cannabis Establishment in a location where it can be easily viewed by State and local law enforcement and administrative authorities.
[Added 5-8-2025 by Ord. No. 2025-11]
Cannabis Establishments shall be conducted solely within the confines of the licensed location of the licensed premises on the permitted property. No Cannabis Establishment shall be permitted to operate from a movable, mobile or transitory location, except for the permitted transportation of cannabis products to and from the facility pursuant to State law by a licensed Class 6 Delivery Service.
[Added 5-8-2025 by Ord. No. 2025-11]
Cannabis Establishments shall comply with the Act, the regulations of the Commission, and the Township Code, including without limitation the Zoning Code, the Building Code, and the Housing and Property Maintenance Code, at all times.
[Added 5-8-2025 by Ord. No. 2025-11]
With the exception of loading activities incidental to the operation of the Cannabis Establishment, all operations shall occur indoors, within the enclosed licensed building, except as otherwise authorized for licensed Class 6 Delivery Services only.
[Added 5-8-2025 by Ord. No. 2025-11]
All Cannabis Establishments shall at all times adhere to the safety and security standards and plan established and approved by the Cannabis Regulatory Commission, including the requirements for the maintenance of a security system that meets State law requirements. In addition, all Cannabis Establishments shall also comply with the following provisions:
a. 
Cannabis Establishments shall have security systems in place, along with a continuous recording system that records for a minimum 30-day archive. This system shall be shared with the New Jersey State Police as may be necessary.
b. 
Cannabis Establishments shall provide the Township and the New Jersey State Police Augusta barracks with the name and telephone number of one staff person to notify during operating hours, and the name and cellphone number of at least two staff persons to notify after operating hours in cases of emergency or suspicious activity.
c. 
Outside areas of the premises shall be well-illuminated for safety and security, but not in a way that is counter to Township Code requirements for outdoor lighting and screening, or in a way that is obtrusive to pedestrians, drivers or other users of the public right-of-way.
d. 
All cannabis in whatever form stored at the permitted premises shall be kept in a secure manner and shall not be visible from outside the permitted premises, nor shall it be processed, exchanged, displayed or dispensed outside the confines of the licensed structure of the premises. No cannabis products shall be visible from a public sidewalk, public street or right-of-way, or any other public place.
e. 
Cannabis Establishments shall properly dispose of all materials and other substances in a safe and sanitary manner in accordance with local and State laws, including the rules and regulations of the Cannabis Regulatory Commission.
f. 
Cannabis Establishments shall be equipped with ventilation systems sufficient in type and capacity to eliminate cannabis odors emanating from the interior to the exterior of the premises discernible by the ordinary senses. The ventilation system shall be inspected and approved by the Township Construction Official and/or the Land Use Board Engineer if required to meet any condition of approval set forth in any Resolution of approval granted by the Wantage Land Use Board.
g. 
Cannabis Establishments shall post conspicuous signage inside and outside the building that consumption of cannabis is prohibited anywhere on the premises, including the parking area and inside vehicles in the parking area.
h. 
Prohibition on Mobile Structures. Each Cannabis Establishment shall at all times conduct business within the confines of a licensed premises. No Cannabis Establishment shall be housed or operated in a vehicle or any movable or mobile structure. Nothing herein shall be deemed to apply to or otherwise conflict with the statutory and regulatory provisions applicable to Cannabis Delivery Service holding a valid and current license issued by the New Jersey Cannabis Regulatory Commission.
i. 
Prohibition of Unregulated Sale of Cannabis. No person shall sell cannabis in the Township of Wantage without a state license issued by the State of New Jersey Cannabis Regulatory Commission and a municipal license as required by Section 29-5, nor shall any person gift cannabis in the Township of Wantage as part of a sale of another item or items.
[Added 5-8-2025 by Ord. No. 2025-11]
The emission into the outdoor atmosphere of any volatile organic compounds, solid particles, liquid particles, vapors and/or gases in excess of the rates, limits/levels set by the New Jersey Department of Environmental Protection are hereby prohibited.
[Added 5-8-2025 by Ord. No. 2025-11]
Cannabis Establishments are prohibited from causing, permitting, or allowing to be emitted into the outdoor atmosphere any odors detectable by the ordinary human senses, substances and/or other air contaminants, in such quantities and for such duration as are, or tend to be, injurious to human health or welfare, animal or plant life or property, or would unreasonably interfere with the enjoyment of life or property on any public or private property within the Township.
[Added 5-8-2025 by Ord. No. 2025-11]
The business/facility location of all Cannabis Establishments shall have a fully integrated self-contained air treatment, HVAC, ventilation and exhaust system which shall be regularly maintained and fully operational and running at all times.
[Added 5-8-2025 by Ord. No. 2025-11]
All Cannabis Establishments shall be required to retain a qualified environmental consultant approved by the Township, who shall be available to promptly respond to the site in the event of an incident or adverse event within a reasonable period of time not to exceed 12 hours.
[Added 5-8-2025 by Ord. No. 2025-11]
All Cannabis Establishments shall be required to monitor all activities for the presence and prevention of odors and the maintenance and troubleshooting of all odor control equipment on a daily basis. All Cannabis Establishments shall maintain written records of all odor monitoring, equipment maintenance/repairs, odor investigations, air quality studies and any adverse events, and odor complaints.
[Added 5-8-2025 by Ord. No. 2025-11]
All records as to odor control monitoring, investigations, odor control equipment maintenance/repairs, air quality studies and adverse events shall be produced to the Township upon request.
[Added 5-8-2025 by Ord. No. 2025-11]
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, in accordance with the Township Code, including but not limited to Wantage subsection 18-101.4, and applicable State law.
[Added 5-8-2025 by Ord. No. 2025-11]
Any person(s), firm(s), business(es), corporation(s) and/or other organization(s), including any licensed Cannabis Establishment, found in violation of any provision(s) of the Township Code including odor complaints shall be subject to a civil fine and penalty not exceeding $2,000.
[Added 5-8-2025 by Ord. No. 2025-11]
Any violation of the Township Code by a licensed Cannabis Establishment may be grounds for revocation and/or nonrenewal of any issued local annual cannabis license. Upon reasonable notice to the licensee by the Township Clerk, a hearing shall be conducted before the Township Committee to decide whether sufficient grounds exist to revoke any and all classes of local annual cannabis licenses issued to the licensee. The licensee may be permitted to be represented by legal counsel during the hearing, to present evidence, testimony and witnesses.
[Added 5-8-2025 by Ord. No. 2025-11]
Each and every day any person(s), firm(s), business(es), corporation(s) and/or other organization(s), including any licensed Cannabis Establishment, remains in violation of the provisions of the Township Code after the deadline for compliance set forth in any notice of violation issued by the enforcing officer(s) of the Township, shall be considered a continuing violation punishable as a separate and distinct offense and subject to a separate civil fine and penalty for each and every day the violation continues.
[Added 5-8-2025 by Ord. No. 2025-11]
The Municipal Court or Superior Court shall have jurisdiction to hear and decide any action(s) brought to enforce the provisions of the Township Code and any final order imposing fines and penalties for a violation of this code shall be enforceable in the Municipal Court or Superior Court and collectible as a lien against the property of the violator in accordance with the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq.