[Adopted 7-10-1978 by Ord. No. 270; amended
in its entirety 8-9-2021 by Ord. No. 900]
As used in this article, the following terms
shall have the meanings indicated:
Any fluid or solid capable of being converted into a fluid,
suitable for human consumption, and having an alcoholic content of
more than 1/2 of 1% by volume, including alcoholic beer, lager beer,
ale, porter, naturally fermented wine, treated wine, blended wine,
fortified wine, sparkling wine, distilled liquors, blended distilled
liquors and any brewed, fermented or distilled liquors fit for use
for beverage purposes, or any mixture of the same, and fruit juices.
An organization issued a permit, conditional permit, and/or
a vertically integrated permit pursuant to the Jake Honing Compassionate
Use Medical Cannabis Act, P.L. 2009, C. 307 (N.J.S.A. 24:6I-1 et seq.)
to operate as a medical cannabis cultivator, medical cannabis manufacturer,
medical cannabis dispensary or clinical registrant prior to February
22, 2021; and includes any alternative treatment center deemed pursuant
to Section 7 of the Jake Honing Compassionate Use Medical Cannabis
Act (N.J.S.A. 24:26I-7) to concurrently hold a medical cannabis cultivator
permit, a medical cannabis manufacturer permit, and a medical cannabis
dispensary permit and/or any alternative treatment center deemed to
concurrently hold any one or more class(es) of cannabis licensed marketplace
license(s) pursuant to PL. 2021, c. 16 §33, N.J.S.A. 24:6I-46,
and P.L. 2021, c.16 §34, amending N.J.S.A. 24:6I-7.
All parts of the plant Cannabis sativa L., 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 P.L. 2016, c.
16 for use in cannabis products as set forth in this chapter, 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
Jake Honig Compassionate Use Medical Cannabis Act, P.L.2009, c.307
(N.J.S.A. 24:6I-1 et seq.) and P.L.2015, c.158 (N.J.S.A. 18A:40-12.22
et seq.); 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, or P.L.2001, c.114 (N.J.S.A. 2C:35B-1 et seq.),
or marihuana as defined in Section 2 of P.L.1970, c.226 ( N.S.J.A.
24:21-2) and applied to any offense set forth in the New Jersey Controlled
Dangerous Substances Act, P.L.1970, c.226 (N.J.S.A. 24:21-1 et seq.);
or hemp or a hemp product cultivated, handled, processed, transported,
or sold pursuant to the New Jersey Hemp Farming Act, P.L.2019, c.238
(N.J.S.A. 4:28-6 et seq.).
Any licensed person or entity 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.
A license issued under relevant state law including a license
that is designated as either a:
The term shall also include a conditional license for a designated
class, except when the context of the provisions of relevant state
law otherwise intend to only apply for a license and not a conditional
license.
The term shall also include any activity related to cannabis
cultivation, cannabis manufacturing, cannabis wholesale, cannabis
distribution, cannabis retail and/or cannabis delivery service by
a preexisting alternative treatment center deemed to concurrently
hold any one or more class(es) of the above-listed cannabis license(s)
pursuant to PL. 2021, c. 16 §33, N.J.S.A. 24:6I-46, and P.L.
2021, c.16 §34 of the Act, amending N.J.S.A. 24:6I-7; but shall
not include the preexisting alternative treatment center’s activities
related to medical cannabis cultivation, medical cannabis manufacturing,
medical cannabis processing and/or medical cannabis dispensing by
a preexisting medical cannabis alternative treatment center pursuant
to a license or conditional licensed issued by the State of New Jersey
pursuant to the Jake Honing Compassionate Use Medical Cannabis Act,
P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158
(N.J.S.A. 18A:40-12.22 et seq.).
Any item available for lawful consumption pursuant to the
New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act, P.L. 2021, c. 16, known as the Act, N.J.S.A. 24:6I-31
et seq.
When used in reference to cannabis and cannabis items, the act
of ingesting, inhaling, or otherwise introducing medical cannabis
items and/or cannabis items into the human body.
When used in reference to alcoholic beverages, the act of ingesting,
drinking or otherwise introducing alcoholic beverages into the human
body.
The transportation of cannabis items and related supplies
to a consumer. “Delivery” shall also mean 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.
Shall mean and refer to a "designated caregiver" as defined
under the Jake Honing Compassionate Use Medical Cannabis Act, P.L.
2009, C. 307 (N.J.S.A. 24:6I-1 et seq.).
A structurally enclosed place of business, commerce or other
service-related activity, whether publicly or privately owned or operated
on a for-profit or nonprofit basis, which is generally accessible
to the public, including, but not limited to: a commercial or other
office building; office or building owned, leased or rented by the
state or by a county or municipal government; public and nonpublic
elementary or secondary school building; board of education building;
theater or concert hall; public library; museum or art gallery; bar;
restaurant or other establishment where the principal business is
the sale of food for consumption on the premises, including the bar
area of the establishment; garage or parking facility; any public
conveyance operated on land or water, or in the air, and passenger
waiting rooms and platform areas in any stations or terminals thereof;
health care facility licensed pursuant to P.L.1971, c. 136 (N.J.S.A.
26:2H-1 et seq.); patient waiting room of the office of a health care
provider licensed pursuant to Title 45 of the Revised Statutes; child-care
center licensed pursuant to P.L.1983, c. 492 (N.J.S.A 30:5B-1 et seq.);
race track facility; facility used for the holding of sporting events;
ambulatory recreational facility; shopping mall or retail store; hotel,
motel or other lodging establishment; apartment building lobby or
other public area in an otherwise private building; or a passenger
elevator in a building other than a single-family dwelling.
Shall mean and refer to an "institutional caregiver" as defined
under the Jake Honing Compassionate Use Medical Cannabis Act, P.L.
2009, c. 307 (N.J.S.A. 24:6I-1 et seq., and P.L. 2015, c. 158, N.J.S.A.
18A:40-12.22 et seq.).
A person or entity that holds a license issued under P.L.
2021, c. 16 (N.J.S.A. 24:6I-31 et seq.) including a license that is
designated as either a Class 1 cannabis cultivator license, a Class
2 cannabis manufacturer license, a Class 3 cannabis wholesaler license,
a Class 4 cannabis distributor license, a Class 5 cannabis retailer
license, a Class 6 cannabis delivery license, and also includes: a
person or entity that holds a conditional license for a designated
class; a person or entity holding a preexisting medical cannabis cultivator
license, preexisting alternative treatment center permit first issued
by the State of New Jersey, Department of Health, Division of Medicinal
Marijuana in accordance with the provisions of the Jake Honing Compassionate
Use Medical Cannabis Act (P.L. 2009, c. 307, N.J.S.A. 24:6I-1 et seq.,
and P.L. 2015, c. 158, N.J.S.A. 18A:40-12.22 et seq.) prior to February
22, 2021, and approved by the Township to hold a concurrent municipal
license to operate as a Class 1 cannabis cultivator, Class 2 cannabis
manufacturer, Class 3 cannabis wholesaler and/or Class 4 cannabis
distributor in accordance with the provisions hereinafter and P.L.
2021, c. 16 § 33, N.J.S.A. 24:6I-46, and P.L. 2021, c.16
§ 34, (amending N.J.S.A. 24:6I-7) of the Act; and/or any
other person or entity holding a local annual cannabis license issued
by the Township pursuant to this Code.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
Cannabis dispensed to registered qualifying patients or their
designated or institutional care giver(s) pursuant to the Jake Honing
Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.).
“Medical cannabis” does not include any cannabis or cannabis
item that is cultivated, manufactured, produced, processed, distributed.
delivered, sold and/or resold for the ultimate purpose of recreational
consumption by persons that not registered qualifying patients.
The purchase, sale, possession, and/or consumption of cannabis
and cannabis items by person(s) who are not a registered qualifying
patient under the Jake Honing Compassionate Use Medical Cannabis Act
P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158
(N.J.S.A. 18A:40-12.22 et seq.).
Any place to which the public has access that is not privately
owned, including but not limited to any property owned by the Township
of Boonton, the County of Morris, and or any other government subdivision
of the State of New Jersey situated within the geographic boundaries
of the Township; 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, 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.
Shall mean and refer to a "qualifying patient" or "patient"
registered under the Jake Honing Compassionate Use Medical Cannabis
Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c.
158 (N.J.S.A. 18A:40-12.22 et seq.).
The grandparent(s), aunt(s) or uncle(s), sibling(s), or any
other person related by blood, marriage, adoption or affinity to a
person under the age of 21.
A.
Consumption of alcoholic beverages prohibited in certain
public areas and areas open to the public. No person shall consume
alcoholic beverages on any of the public streets, sidewalks, parking
lots, which are open to the public at large, whether publicly or privately
owned, roadways, pathways, playgrounds, outdoor facilities owned or
operated by the Board of Education of the Township of Boonton, parks
and shopping plazas at any hour of the day or night unless a special
permit is issued as provided herein.
B.
Consumption of alcoholic beverages prohibited in automobiles.
No person shall consume alcoholic beverages while in any automobile,
whether in motion or parked, on any of the public streets, sidewalks,
parking lots which are open to the public at large, whether publicly
or privately owned, roadways, pathways, playgrounds, outdoor facilities
owned or operated by the Board of Education of the Township of Boonton,
parks, shopping plazas or other thoroughfares open to general vehicular
traffic in the Township of Boonton.
C.
Consumption
of cannabis and cannabis items prohibited in public places and areas
open to the public. The consumption of cannabis and/or cannabis items
through smoking, vaping, or aerosolizing or any other means (i.e.,
edible consumption), by persons of the legal age to consume cannabis
and/or cannabis items pursuant to 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, is hereby prohibited in all public
places within the geographic boundaries of the Township, including
in any indoor public place or portion thereof.
A.
Notwithstanding the provisions contained in § 49-2A through § 49-2B related to the alcoholic beverages, a special permit may be issued by the Township Committee of the Township of Boonton, or its duly authorized representatives, for the consumption of alcoholic beverages, which permit shall include terms and conditions as established by the Township Committee and shall specify the duration of said permit.
B.
Nothing
in this section shall be read or construed to allow for the issuance
of a special permit as to the consumption of medical cannabis, cannabis
and cannabis items in a public place unless as otherwise preempted
by New Jersey Statute.
A.
The provisions of this chapter shall be enforced by
the duly constituted law enforcement authorities of the Township of
Boonton and, as to premises owned by any other municipality or other
public body and lying within the political boundaries of the Township
of Boonton, may be enforced jointly and concurrently by the duly constituted
law enforcement authorities of such other municipality or other public
body of the County of Morris and State of New Jersey.
B.
Permits for the consumption of alcoholic beverages
on premises owned by any other municipality or other public body and
lying within the political boundaries of the Township of Boonton may
be granted by the governing body of such other municipality or such
other public body as the duly authorized representative of the Township
of Boonton, provided that a copy of such permit be forwarded to the
Township Clerk of the Township of Boonton not less than five business
days before the effective date of such permit.
A.
Violations and penalties for consumption of alcoholic beverages. Any person who shall violate any provision of this chapter with regard to the consumption of alcoholic beverages, or who shall fail to comply therewith, shall be subject upon conviction, to the penalties provided in § 1-15 of the Code.
B.
Violations
and penalties for consumption of cannabis and cannabis items.
(1)
Except
as otherwise provided by New Jersey Statute, including but not limited
to N.J.S.A. 2C:33-16, any person found to consume cannabis and/or
cannabis items in a public place in violation of the provisions of
this Code shall be subject to a civil penalty of $200 for each and
every occasion in which such person is found to consume cannabis and/or
cannabis items in violation of the provisions of this Code.
(2)
The
civil penalty imposed pursuant to the provisions of this chapter shall
be recoverable in a civil action against the person by summary proceeding
in the name of the Township pursuant to the Penalty Enforcement Law
of 1999, P.L. 1999, c 274 (N.J.S.A. 2A:58-10 et seq.).
(3)
The
municipal court of the Township of Boonton and/or the Superior Court
shall have jurisdiction over any proceedings for the enforcement of
the penalty provided by this section.
