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[Adopted 3-8-2022 by Ord. No. 2022-1[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Cannabis, adopted 8-10-2021 by Ord. No. 2021-8.
As used in this article, the following terms shall have the meanings indicated:
CANNABIS
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. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.) for use in cannabis products, 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 BUSINESS
Any person or entity that holds any of the six classes of licenses established under P.L. 2021, c. 16, the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or produces cannabis, 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. This person or entity shall hold a Class 1 Cannabis Cultivator license.
CANNABIS DELIVERY SERVICE
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. This person or entity shall hold a Class 6 Cannabis Delivery license.
CANNABIS DISTRIBUTOR
Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports 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. This person or entity shall hold a Class 4 Cannabis Distributor license.
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
CANNABIS MANUFACTURER
Any licensed person or entity 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. This person or entity shall hold a Class 2 Cannabis Manufacturer license.
CANNABIS PRODUCT
A product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis product" does not include: 1) usable cannabis by itself; or 2) cannabis extract by itself; or 3) any other cannabis resin by itself.
CANNABIS RETAILER
Any licensed person or entity 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. This person or entity shall hold a Class 5 Cannabis Retailer license.
CANNABIS TESTING FACILITY
An independent, third-party entity meeting accreditation requirements established by the Cannabis Regulatory Commission that is licensed to analyze and certify cannabis items and medical cannabis for compliance with applicable health, safety, and potency standards.
CANNABIS WHOLESALER
Any licensed person or entity 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. This person or entity shall hold a Class 3 Cannabis Wholesaler license.
A. 
Cannabis wholesalers and distributors, as said terms are defined in § 77-5 of this Code and Section 3 of P.L. 2021, c. 16 ("New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act"), shall be permitted uses in the Township as set forth in this article and in Chapter 104. A total of four cannabis wholesalers and/or cannabis distributors shall be permitted in the Township.
B. 
Cannabis cultivators, manufacturers, retailers and delivery services as said terms are defined in § 77-5 of this Code and Section 3 of P.L. 2021, c. 16 ("New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act"), shall be prohibited in all zones in the municipality, but the delivery of cannabis items and related supplies by a delivery service is permissible.
A. 
Any request for a resolution of local support, pursuant to N.J.S.A. 24:6I-7.2, shall include a concept plan indicating how applicant intends on complying with the Township's zoning, site plan and licensing requirements.
B. 
After submitting the documents required in § 77-8 of this Code, all applicants shall appear before the Township's Economic Development Committee, which shall make a recommendation to the Township Committee on whether to issue a resolution of local support.
C. 
A resolution of local support does not constitute final approval for local licensure. A local license shall only be granted as set forth in § 77-8 of this Code.
D. 
The Township Committee and the Economic Development Committee shall consider proposals for a resolution for local support in the order that the proposals are submitted.
A. 
No cannabis business may lawfully operate in Hainesport Township without the issuance of a state permit or license and full regulatory oversight of the cannabis business by the Cannabis Regulatory Commission or other state licensing authority, as well as oversight and issuance of a license by the Township in accordance with the provisions of this article.
B. 
All cannabis businesses shall be subject to site plan and/or land use approvals in accordance with the Municipal Land Use Law[1] and Chapter 104 of this Code.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C. 
A license to operate shall be considered for approval by the Township Committee when the applicant has submitted evidence that it:
(1) 
Received site plan or land use approval and/or zoning permit, where applicable;
(2) 
Complies with all elements of its concept plan;
(3) 
Complies with any other relevant Township ordinance; and
(4) 
Has paid the required fees pursuant to § 77-9 of this Code.
D. 
Each local license shall be effective from January 1 until December 31 and shall be annually renewed upon the submission of a renewal application and renewal fee provided all conditions and requirements of applicable state law and this article are met.
E. 
Any conditions of land use approval may be incorporated as conditions of the local license.
F. 
Site plan approval by the Township's land use boards is not required unless specific improvements necessitate review pursuant to Chapter 104 of this Code.
A. 
The application fee for a cannabis wholesaler license and for a cannabis distributor license shall be $5,000. The fee shall be nonrefundable. A single cannabis business that seeks to obtain both a cannabis wholesaler and cannabis distributor license shall remit application fees for both license types.
B. 
The annual registration fee for a cannabis wholesaler license and for a cannabis distributor license shall be $5,000. A single cannabis business that maintains both a cannabis wholesaler and a cannabis distributor license shall remit annual registration fees for both license types.
Cannabis wholesaler and cannabis distributor businesses shall only be permitted in those zoning districts where wholesale and distributor uses, as defined, are expressly permitted principal uses in accordance with Chapter 104 of this Code.
A cannabis business licensee shall maintain security on the site in accordance with the security plan that is approved by the Township, with consultation by the New Jersey State Police. Such plan shall address items such as appropriate fencing, security personnel, employee training, lighting, transport of product and receipts, and site control features that prevent unauthorized entry, to the satisfaction of the Township, with consultation by the New Jersey State Police. Such measures may require land use approvals as required by Chapter 104 of this Code.
A. 
The cannabis business shall prevent and eliminate any conditions on the site that constitute a nuisance.
B. 
The cannabis business shall maintain the exterior of the site, including any parking lots under the control of the permittee, free of litter, debris, and trash.
C. 
The 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.
A cannabis business licensee shall prevent all odors generated from the storage of cannabis from escaping from the buildings on the site, such that the odor cannot be detected by a reasonable person of normal sensitivity at the property line. All cannabis facilities shall have an air treatment system to mitigate cannabis-related odor. The air treatment system shall have sufficient odor-absorbing filtration systems utilizing carbon filters or similar, and ventilation and exhaust systems to eliminate cannabis odors coming from the interior of the premises, such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the subject property line.
A. 
All operations, including storage of cannabis items, shall occur within a fully enclosed building, including loading and unloading.
B. 
Any cannabis wholesaler or cannabis distributor that temporarily stores live cannabis plants in accordance with state law may do so only to the extent that no watering, fertilization, lighting or other horticultural practices are provided on site which would constitute cultivation, and may be stored for a period of not more than 72 hours. The temporary storage of live cannabis plants may necessitate a higher level of odor control, pursuant to § 77-13 of this Code.
A. 
Any violation of the terms of this article, of any condition of the license, or of any state or local law or regulation may result in the revocation of the license and may further subject the licensee to any applicable penalties.
B. 
The provisions of this article shall be enforced by the Township Zoning Officer, Township Health Officer, New Jersey State Police or other Township designee, as appropriate based on the nature of the violation.