N.J. Admin. Code § 17:30-7.3

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

Section 17:30-7.3 - Conditional cannabis business license application

(a) A conditional license applicant shall submit a complete, separate application 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 conditional license application, the following submissions for the Commission's evaluation:

1. The mailing and physical address of the license applicant's proposed cannabis business premises or administrative office;

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

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

4. Information about the license applicant entity, including its legal name, any registered alternate name, and a copy of its articles of organization and bylaws;

5. The business plan and management operation profile for the proposed cannabis business;

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

7. A regulatory compliance plan, which shall detail the plan by which the license applicant shall comply with the remaining regulatory requirements to convert to an annual license;

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

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

10. 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;

11. Any applicable fees required pursuant to N.J.A.C. 17:30-7.17; and

12. 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.

(c) A license applicant shall disclose and submit, as part of the conditional license application, the following submissions relating to qualification, pursuant to N.J.A.C. 17:30-7.4:

1. A list of all owners, principals, and employees of the license applicant, including their names, addresses, dates of birth, resumes, and a photocopy of their unexpired driver's licenses or other state or Federal government-issued form of photo identification that may be used to prove each person is at least 21 years of age;

2. A list of the 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;

3. A list of the owners of the license applicant and the percentage of each owner's ownership interest;

4. A list of any proposed management services contractors, financial sources, or vendor-contractors;

5. Personal history disclosure forms for any owners, principals, financial sources, or management services contractors of the license applicant, as applicable;

6. Entity disclosure forms for any owners, principals, financial sources, or management services contractors of the license applicant, including entity formation documents, any proposed or signed management services or financial source agreements, and tax returns, as applicable;

7. Proof that each owner of the conditional license applicant who has decision-making authority has, for the immediately preceding taxable year, an adjusted gross income of no more than $ 200,000, or no more than $ 400,000, if filing jointly with another individual;

8. A certification that each owner of the license applicant who has decision-making authority does not have any ownership interest in any other license applicant applying for, or a license holder holding, an annual cannabis business license;

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

10. For each owner, principal, and employee of the license applicant, certification confirming the person's submission to the jurisdiction of the courts of the State and pledging to comply with the laws and rules of the State pertaining to personal use cannabis;

11. For a license applicant that is a diversely owned business, the certification that the license applicant is one or more of: a minority-owned business, women-owned business, or disabled veteran-owned business, as applicable;

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

13. For a license applicant that is a social equity business, evidence 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; and

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

(d) A conditional license applicant shall provide the Commission with a complete disclosure that includes all true parties of interest.

1. The license applicant shall not attempt to conceal or disguise ownership or other control over its operations in its submissions, and such an attempt shall be grounds for denial of an application.

(e) Application materials submitted to the Commission pursuant to N.J.S.A. 24:6I-36 and 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 § 17:30-7.3

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

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