Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Cannabis Regulation topic
No spam. Unsubscribe anytime.
Irvington adopts detailed local cannabis ordinance setting setbacks, fees, caps and transfer tax
Summary
On May 27 the Irvington Municipal Council adopted a comprehensive local ordinance establishing local permitting, zoning, operational, security and tax rules for cannabis operators, including a 200-foot setback from schools/places of worship, caps of two operators per license type, a local transfer/user tax schedule, and defined penalties for violations.
The Township of Irvington Municipal Council on May 27 adopted an ordinance amending the zoning code to create a local framework for cannabis establishments and to regulate licensing, siting, security, operations, fees and local transfer and user taxes.
The ordinance requires applicants to submit detailed proposals to the Township including site control documentation, security plans, odor and nuisance mitigation, a community impact plan, and a workforce development plan (35% of workforce encouraged to be township residents). Conditional approval by the Township is tied to the state's conditional license; applicants denied local support may resubmit within prescribed timelines.
Key provisions adopted by the council include:
- Minimum 200-foot setback from any school, child daycare center, place of worship or residential building as measured from main entrances; - Caps of no more than two operators per license class within township boundaries; - Fee schedule with $10,000 initial application fees for standard license classes and lower fees for micro-retailers; - Local transfer tax rates (2% for cultivators, manufacturers, retailers; 1% for wholesalers) and an equivalent user tax applied to vertically integrated or multi-location operators; - Operating hours (Monday–Saturday 9:00 a.m.–8:00 p.m., Sunday 12:00 p.m.–6:00 p.m.), odor mitigation/ventilation requirements, and security measures including 24/7 video recording with a 30-day archive; - Penalties including civil fines ($2,500–$5,000 per offense with daily penalties possible) and potential property consequences for owners who fail to cure violations (minimum $10,000 fine and possible revocation of certificates of occupancy after notice and cure period).
The public hearing on this ordinance drew no speakers and the clerk read the ordinance by title before the council moved to close the hearing and adopt the measure. The ordinance text repeatedly cross-references state law (the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, "CREAMMA") and specifies compliance with state-required licensing and conditional approvals. The ordinance also envisions site-plan review, zoning determinations and certificates of occupancy prior to operation.
Council minutes record adoption of the ordinance on second reading; the minutes do not include a roll-call vote tally for this adoption (vote tally not specified in transcript).
