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AN ORDINANCE AMENDING AND SUPPLEMENTING, TITLE XIV, CANNABIS, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY AMENDING CHAPTER 2, CANNABIS ESTABLISHMENT, TO ADD SUBSECTION 14:2-1(B)(1)(A) MICRO CONSUMPTION; AMDENDING CHAPTER 2-5 MANNER OF OPERATION, SECTION 1, ARMED SECURITY; AND CHAPTER 14: 3-4 LICENSE FEES.
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WHEREAS, Title 14, Cannabis, Section 1-1 et seq., sets forth Rules and Regulations governing Cannabis in the City of Newark; and
WHEREAS, the City of Newark desires to amend this section to include Rules and Regulations from New Jersey Cannabis Regulatory Commission N.J.A.C. 17:30-1 et seq., to revise and add additional City of Newark Rules and Regulations; and
WHEREAS, there is an obligation to provide specifications to the public and all interested parties desiring to operate a cannabis facility within the City of Newark.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
SECTION 1. The Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, are amended by amending Title XLI XIV, Chapter 1 Purpose and Definitions 2 Cannabis Establishments, Section 14:1-2 Definitions 14:2-1 Types of Establishments:
14:2-1. TYPES OF ESTABLISHMENTS.
b. Other Establishments
1. Microbusinesses
a. Micro Consumption
2. Safety Compliance Establishments
SECTION 2. The Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, are amended by amending Title XLI XIV, Chapter 2 Cannabis Establishments, Section 14:2-5.1 Armed Security:
14:2-5.1 Armed Security
A. All Cannabis Establishments must have armed security guards or off-duty police officer(s) at every entrance and exit point of its facility; except locked emergency doors and/or fire doors during operation hours.
1. During the hours of non-operation there must be 24 hour surveillance at least one armed security guard or off-duty police officer guarding or patrolling the establishment, and all doors must be locked and secured, but must allow this guard or officer access to the properly to secure the establishment.
SECTION 3. The Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, are amended by amending Title XLI XIV, Chapter 3 License, Section 14:3-4 License Fees:
14:3-4. LICENSE FEES.
A licensee must pay an annual a biennial fee. The fee for granting all Cannabis Establishment licenses issued by the Issuing Authority are hereby fixed as follows:
a) Class 1-4: $5,000.00, for each license used within the City.
b) Class 5: $10,000.00, for each license used within the City.
c) Class 6: $3,000.00, for each license used within the City.
d) Cannabis Consumption Establishment: $20,000.00 for each establishment operating within the City, this is an additional fee outside of the $10,000.00 license fee for a Class 5 establishment.
e) Microbusiness: $1,500.00 for each establishment operating within the City.
1.) Micro Consumption $1,000 per micro retail business
f) Safety Compliance Establishments: $1,000.00.
g) The holder of a stacked grower license must pay a separate fee in the amount listed above for the additional license being obtained., for each license.
The initial annual biennial fee(s) must be paid to the City within ten (10) days of license approval. if the license fee is not paid within ten (10) days of approval, then the City may rescind the approval and chose the next person on the waiting list. This fee shall be refunded in the event the applicant does not receive a license from the State. In each subsequent year, fees are due on the date on which the licensee submits an application to the State for renewal of the State Operating License. In each biennial period fees are due on or before December 31st.
SECTION 4. If any provision of this Ordinance or application thereof to any person(s) or circumstance is judged invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of the Ordinance that can be given effect without the invalidated provision or application, and to this end the provisions of this Ordinance are declared severable.
SECTION 5. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance amends and revises Title XIV, Cannabis, of the Revised Ordinances of the City of Newark, New Jersey, as amended and supplemented to establish micro consumption as a type of microbusiness, amend security protocol during nonoperational hours, and amend license fee due dates.