N.J. Admin. Code § 17:30-7.10

Current through Register Vol. 56, No. 21, November 4, 2024

Section 17:30-7.10 - Annual cannabis business license application

(a) An applicant for an annual license shall submit a complete, separate application, on forms prescribed by the Commission, for each cannabis business license requested and for each physical address and cannabis business premises at which a license applicant seeks to operate.

(b) A license applicant shall disclose and submit, as part of the annual license applications process, the following materials for the Commission's evaluation:

1. The Federal and State tax identification numbers for the license applicant;

2. Documentation of a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services in the Department of the Treasury;

3. Information about the license applicant, including its legal name, and any registered alternate name;

4. A copy of the documents reflecting the formation of the license applicant entity, including, but not limited to, articles of incorporation or organization, charter, bylaws, stock issuance records, operating agreements, partnership agreements, other formation documents filed with the Secretary of State, and any other documents that govern the legal and ownership structure of the entity;

5. If applicable, documents from the Federal or State government recognizing the license applicant entity's nonprofit status;

6. A description of the proposed location and its surrounding area, including the following:

i. The mailing and physical address of the license applicant's proposed location;

ii. A description of the suitability or advantages of the proposed location;

iii. A site plan of the proposed location, including a floor plan, which may optionally include renderings, architectural plans, or engineering plans;

7. Evidence of compliance with local codes and ordinances including, but not limited to:

i. The distance from the closest church, synagogue, temple, or other place used exclusively for religious worship; or

ii. The distance to the closest school, playground, park, or child daycare facility;

8. Zoning approval, which shall consist of a letter or affidavit from appropriate officials of the municipality stating that the location will conform to municipal zoning requirements allowing for activities related to the operations of the proposed cannabis business, and any variances granted concerning the operation of a cannabis business;

9. Proof of local support, which shall be demonstrated by a resolution adopted by the municipality's governing body, or where the municipality has no governing body, a written letter of support from the municipality's executive;

10. Documentation demonstrating that the license applicant will have final control of the premises upon approval of the application. Documentation includes, but is not limited to, a lease agreement, contract for sale, title, deed, or similar documentation;

11. Where a license applicant will lease the premises, certification from the landlord that the landlord is aware that the tenant's use of the premises will involve activities associated with operations as a cannabis business.

i. An application for an annual license that does not include such certification shall be disqualified from consideration;

12. The plan by which the license applicant intends to obtain appropriate liability insurance coverage for the proposed cannabis business;

13. Evidence supporting any of the following bonus point categories, as applicable:

i. License applicants that are party to a collective bargaining agreement with a bona fide labor organization that currently represents, or is actively seeking to represent, cannabis workers in New Jersey;

ii. License applicants that are party to a collective bargaining agreement with a bona fide labor organization that currently represents cannabis workers in another state;

iii. License applicants that submit a signed project labor agreement with a bona fide building trades labor organization for the construction or retrofit of the facilities associated with the license applicant;

iv. License applicants that submit a signed project labor agreement with a bona fide labor organization for any other applicable project associated with the license applicant; or

v. License applicants that include at least one owner lawfully residing in New Jersey for at least five years as of the date of the application;

14. An operating plan, including, as applicable, a cultivation, manufacturing, retail sale, wholesaling, distributing, or delivery services operating plan pursuant to N.J.S.A. 24:6I-36.d(1)(b)(i), (ii), and (iii);

15. A business and financial plan;

16. An environmental impact plan, which shall, at a minimum, include consideration of sustainable alternatives to single-use plastic packaging, efforts to minimize water usage, and any other factor required by the Commission in a notice of application acceptance published in the New Jersey Register issued pursuant to N.J.A.C. 17:30-6.1;

17. A safety and security plan that conforms with N.J.A.C. 17:30-9.10;

18. A community impact or social responsibility plan;

19. A workforce development and job creation plan, which may include an optional diversity plan;

20. Standard operating procedures for:

i. Adverse event reporting;

ii. Quality assurance and quality control;

iii. Recall of cannabis items, as needed or directed;

iv. Packaging and labeling;

v. Inventory control, storage, and diversion prevention;

vi. Recordkeeping;

vii. Waste disposal/sanitation;

viii. Cultivation, manufacturing, retail sale, delivery, and/or secure transport, as applicable, based on the class of license sought;

ix. Accounting and tax compliance; and

x. The reporting of test results, as applicable, based on the class of license sought.

21. An attestation signed by a bona fide labor organization stating that the license applicant has entered into a labor peace agreement with a bona fide labor organization.

i. This requirement does not apply to a microbusiness applying for an annual license;

22. If a license applicant intends to enter into, or has entered into, a partnership with a re-entry program for the purpose of identifying and promoting employment opportunities for currently or formerly incarcerated people at the cannabis business, the details of such partnership including:

i. The name of the re-entry program;

ii. The employment or training opportunities at the license applicant's cannabis business that will be made available to the re-entry population;

iii. Any other initiatives the license applicant will undertake to provide support and assistance to the re-entry population; and

iv. The training and support offered or provided for the advancement of the re-entry population;

23. An affidavit that the statements included in the application are true and correct, sworn by the license applicant's representative;

24. An authorization to release all information pertaining to the license applicant, as requested by the Commission, signed by the license applicant's representative;

25. A waiver of liability for any damages results to the license holder from any disclosure or publication in any manner, other than a willfully unlawful disclosure or publication, of any information acquired during the licensing process, signed by the license applicant's representative; and

26. Any other information the Commission deems relevant in determining whether to grant a license to the applicant.

(c) The cannabis retailer annual license application shall additionally include a certification that the proposed cannabis retailer location is not in or upon any premises which operates a grocery store, delicatessen, indoor food market, or other store engaging in retail sales of food; or any premises in which operates a store that engages in licensed retail sales of alcoholic beverages, as defined at N.J.S.A. 33:1-1.b.

(d) A license applicant shall disclose and submit, as part of the annual license application, the following submissions relating to its qualification for an annual license, pursuant to N.J.A.C. 17:30-7.11:

1. License applicant and cannabis business organizational charts identifying ownership, control, and operational structure, including owners, principals, management services contractors, managers, as well as all parent companies, subsidiaries, affiliates, predecessors, and successors of the license applicant;

2. A list of all persons that are owners, passive investors, principals, and managers of the license applicant, including their names, addresses, dates of birth, and each owner's and passive investor's percentage of ownership interest;

3. For all persons that are owners or principals of the license applicant, a copy of their unexpired driver's license or other photo identification issued by the State, another state, or the Federal government, which shall be proof that the person is at least 21 years of age;

4. For all persons that are owners and principals of the license applicant, a completed Personal History Disclosure Form, including a resume;

5. A list of the persons that are owners of the license applicant who have resided in this State for at least two years as of the date of the application and documentation of such residency;

6. For each owner, principal, or employee of a license applicant or license holder, as well as for each staff member of a license applicant's or license holder's management services contractor that participates in the obtaining, possession, securing, cultivating, manufacturing, transporting, selling, delivering, or destroying cannabis items, proof that the person has been fingerprinted and written consent to undergo a criminal history record background check pursuant to N.J.A.C. 17:30-7.12;

7. For any person seeking to become an owner, principal, or employee of a license applicant or license holder who has a disqualifying conviction pursuant to N.J.A.C. 17:30-7.12(d), evidence of rehabilitation pursuant to N.J.A.C. 17:30-7.12(e), if any;

8. For any person seeking to become a staff member of a license applicant's or license holder's management services contractor that participates in the obtaining, possession, securing, cultivating, manufacturing, transporting, selling, delivering, or destroying cannabis items who has a disqualifying conviction pursuant to N.J.A.C. 17:30-7.12(d), evidence of rehabilitation pursuant to N.J.A.C. 17:30-7.12(e), if any;

9. For the license applicant and each of its owners, principals, or managers, a list of any pending or adjudicated criminal charges or convictions;

10. A list of entities that are owners, passive investors, principals, and management services contractors of the license applicant, including their names, addresses, and each owner's and passive investor's percentage of ownership interest;

11. For all entities that are an owner, principal, or management services contractor of a license applicant, a completed Entity Disclosure Form;

12. For all persons or entities that hold at least 10 percent aggregate ownership interest in, or are a member of the executive team of a management services contractor of a license applicant, their names, addresses, dates of birth, positions held, percentage of ownership interest in the management services contractor entity, and a completed Personal History Disclosure Form for each person.

i. Except that for a person or entity holding ownership interest in or control over a management services contractor that is a qualified institutional investor, a completed Personal History Disclosure Form for each person is not required;

13. Any management services agreement, pursuant to N.J.A.C. 17:30-6.9;

14. A list of all parent companies, subsidiaries, affiliates, predecessors, and successors of the license applicant;

15. A list that describes, beginning with the formation of the license applicant entity, any and all events such as sales, mergers, business combinations, or consolidations involving the entity, including all former names of the entity;

16. A list of all financial sources, including qualified institutional investors, holding debt of the license applicant.

i. The nature, type, terms, covenants, and priorities of all outstanding debts of the license applicant, including, but not limited to, bonds, loans, mortgages, trust deeds, debentures, lines of credit, notes issued or executed, or to be issued or executed, or other forms of indebtedness of the license applicant or on its behalf;

ii. A completed Entity Disclosure Form for each financial source, except a qualified institutional investor; and

iii. A completed Personal History Disclosure Form for each financial source that is a person;

17. Any proposed or executed contract, term sheet, agreement, or side letter between an owner, principal, or financial source and another party that relates to the ownership and control structure, assets, liabilities, real or intellectual property, revenue, funding or capitalization, royalties, or profit, or future profit, of the license applicant or comparable documents that change the legal structure of the license applicant, including any financial source agreement, pursuant to N.J.A.C. 17:30-6.10;

18. A list of all vendor-contractors with whom the license applicant has contracts or agreements;

19. For the license applicant and each of its owners, principals, managers, management services companies, parent companies, subsidiaries, affiliates, predecessors, or successors:

i. A list of any organizations that hold or previously held permits, licenses, or other authorizations to participate in the cultivation, manufacturing, sale, or distribution of medical cannabis or cannabis in any jurisdiction, including a foreign jurisdiction, where the person or entity serves or served as an owner, principal, or employee for six or more months;

20. For the license applicant and each of its parent companies, subsidiaries, affiliates, predecessors, or successors:

i. A list of any previous violation of, or judgment, order, consent decree, consent order, sanction, or penalty pertaining to any state or Federal statute, regulation, or code; and

ii. A list of all pending litigation or past litigation that concluded in the last five years, whether in the State or in another jurisdiction, in which the entity was involved;

21. A list of every financial institution at which the license applicant has had an account in the last five years;

22. A list of bankruptcy or insolvency proceedings by the license applicant, and each of its parent companies, subsidiaries, affiliates, predecessors, or successors, and a copy of any bankruptcy decree as a result of the same;

23. A list of any charitable contributions made by the license applicant in the last five years;

24. A list of stocks held by the license applicant;

25. For each owner, principal, management services contractor, and employee of the license applicant, certification confirming the person's or entity's submission to the jurisdiction of the courts of the State and agreeing to comply with all laws and rules of the State pertaining to personal use cannabis;

26. For a license applicant that is a diversely owned business, the certification that the license applicant is a minority-owned business, woman-owned business, or disabled veteran-owned business, in accordance with N.J.A.C. 17:30-6.4;

27. For a license applicant that is an impact zone business, an attestation from any qualifying owner, passive investor, or employee attesting to their qualification under the impact zone business criteria, pursuant to N.J.A.C. 17:30-6.5;

28. For a license applicant that is a social equity business, an attestation from any qualifying owner or passive investor attesting to the qualification of the person under the social equity business criteria, pursuant to N.J.A.C. 17:30-6.6;

29. For a microbusiness license applicant, proof that at least 51 percent of the total number of persons included in the microbusiness, including all owners, principals, and employees, are residents of either of the municipality in which the microbusiness, is or will be located, or of a municipality directly bordering such a municipality, at the time of the application;

30. An affirmation that the license applicant exercised reasonable care to confirm its submission information and the ability of each person or entity in its submission to serve as an owner or principal without violating N.J.A.C. 17:306.8; and

31. Any other application requirement established by the Commission in a notice of acceptance of application published in the New Jersey Register issued pursuant to N.J.A.C. 17:30-6.1.

(e) A license applicant shall provide the Commission a complete disclosure pursuant to (d) above that includes all true parties of interest.

1. The license applicant or license holder shall not attempt to conceal or disguise ownership or other control over its operations in its submissions.

(f) Application materials submitted to the Commission pursuant to N.J.S.A. 24:6I-36 or this section shall not be considered public records pursuant to N.J.S.A. 47:1A-1 et seq., or the common law concerning access to government records.

N.J. Admin. Code § 17:30-7.10

Adopted by 53 N.J.R. 1583(a), effective 8/19/2021

Amended by 55 N.J.R. 402(a), effective 3/6/2023