Mayor & Council

MINUTES Mayor and Council Regular Meeting February 26, 2024 7:00 P.M. CALL TO ORDER – A Regular Meeting of the Mayor and Council of the Borough of River Edge was held in person at the River Edge Public Library located at 685 Elm Avenue, River Edge, NJ 07661 and virtually via Zoom on February 26, 2024. The meeting was called to order at 7:00 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for all the places in the world that are hotspots as well as for the civilians, combatants, and those who are affected by the decisions of the world leaders. Mayor Papaleo then led those present in a salute to the flag. STATEMENT OF COMPLIANCE - Mayor Papaleo read the Statement of Compliance into the record as follows: Statement of Compliance with Open Public Meeting Act: This meeting complies with the Open Public Meeting Act by notification on January 11th of this location, date, time and access information to the Town News and the Record and by posting of same on the municipal bulletin board and Borough website and filing a notice of the same with the Municipal Clerk. ROLL CALL PRESENT: Councilwoman Kaufman, Councilwoman Malellari, Councilman Benson, Councilman Glass and Mayor Papaleo. ABSENT: Council President Montisano-Koen and Councilwoman Kinsella ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney John L. Shahdanian, Esq. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Kaufman, seconded by Councilman Benson, and all present voting in favor, to open for public comments on any item on the agenda. No one came forward. On a motion by Councilwoman Malellari, seconded by Councilwoman Kaufman, and all present voting in favor, to close public comments on any item on the agenda. MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review:  Land Use Board - January 24, 2024 FIRST READING – ORDINANCES – Ordinance #24-04 - #24-06 Motion by Councilwoman Kaufman that the following ordinance be introduced and passed on first reading and setting March 25, 2024 at 7:00 p.m. or as soon thereafter as the as the matter can be heard as the date and time and both the River Edge Library as the place and Zoom as the virtual platform for the hearing on said ordinance. Second by Councilwoman Malellari. Mayor Papaleo read the title of the ordinances into the record: Ordinance 24-04 – An Ordinance to Amend Part II, General Legislation, Chapter 416 Zoning, of the Revised General Ordinances of the Borough of River Edge to Establish the Cannabis Overlay Zone (COZ) Ordinance 24-05 – An Ordinance Amending Part II, General Legislation, Chapter 268, Licensing, of The Revised General Ordinances of the Borough of River Edge Ordinance 24-06 – An Ordinance Creating Part I, Administrative Legislation, Chapter 92, Taxation of Cannabis Establishments, of the Revised General Ordinances of the Borough of River Edge Motion by Councilwoman Kaufman, second by Councilwoman Malellari, to amend Section E2(H) of Ordinance #24-04 to read Monday through Sunday instead of Monday through Saturday. On a roll call, the vote on the amendment was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: absent Councilman Glass: aye Motion by Councilman Glass, second by Councilwoman Kaufman, to make the following revisions to Ordinance #24-04: • Amend the second “WHEREAS” clause on page 2 to read “WHEREAS, the Mayor and Council of the Borough of River Edge desires to allow a total of one (1) Cannabis Establishment…” • Amend the word “plan” to read “plant” under “CANNABIS, USABLE” of Section D “Definitions” • Add “R” under E2 “Conditions” to read “Except as modified herein, Cannabis Establishments shall follow underlying zoning regulations.” • Amend the last sentence of “I” under E2 “Conditions” to read “The distance shall be measured as follows:” • Amend the last sentence of “J” under E2 “Conditions” to read “There shall be no cannabis displayed in the retail floor area.” On a roll call, the vote on the above revisions was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: absent Councilman Glass: aye Motion by Councilman Glass, second by Councilman Benson, to amend Section 92-3 B(1) of Ordinance #24-06 to read “Every Cannabis Establishment is hereby directed and required to give to the Chief Financial Officer, or to any agent designated by him/her, the means, facilities and opportunity for such examinations and investigations, as are hereby authorized.” On a roll call, the vote on this amendment was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: absent Councilman Glass: aye Motion by Councilman Glass, second by Councilwoman Kaufman, to make the following revisions to Ordinance #24-05: • Amend the second sentence of §268-29 to read, “The licensee shall have the license in his possession at all times and shall display it upon the request of any police officer or any person with whom the licensee is doing business.” • Amend the first sentence of §268-29 B to read, “Every Cannabis Establishment licensed to operate in the Borough shall be subject to inspection by Borough officials or agents, during reasonable hours, without prior notice.” On a roll call, the vote on the above amendments was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: absent Councilman Glass: aye On a roll call, the vote on Ordinances #24-04, #24-05, and #24-06 as amended was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: absent Councilman Glass: aye (See Ordinance #24-04 - #24-06 attached and made a part hereof.) RESOLUTIONS - By Consent a. #24-91 Authorize Submission of Grant Application – Memorial Park Walkways and Drainage b. #24-92 Authorize Agreement – Purchase and Disposal of Compost c. #24-93 Oppose Assembly Bill No. 4/Senate Bill No. 50, Which Proposes to Overall the Fair Housing Act (“FHA”) In A Way That Imposes Unrealistic Obligations With Unrealistic Deadlines Based Upon Onerous Standards d. #24-94 Approve the Appointment of a Volunteer Firefighter e. #24-95 Approve the Appointment of Junior Firefighter f. #24-96 Appoint Special Counsel for COAH Surenian, Edwards, Buzak & Nolan LLC g. #24-97 Authorize Tax Collector to Cancel 2024 Preliminary Taxes on a Tax- Exempt Property Motion by Councilman Benson, second by Councilman Glass, that the Consent Agenda be approved. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: absent Councilman Glass: aye ******** #24-98 Payment of Bills Councilwoman Kaufman read resolution #24-98 into the record: At a Regular Meeting of the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, held on February 26, 2024. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $ 456,523.40 GENERAL CAPITAL FUND $ 28,792.26 GRANT FUND $ 4,049.13 TRUST OTHER $ 343.20 PAYROLL $ 25,147.66 UNEMPLOYMENT TRUST $ 11,820.77 DEVELOPER’S ESCROW $ 6,876.00 SELF INSURANCE TRUST $ 5,494.51 RECREATION TRUST $ 4,812.95 Motion by Councilwoman Kaufman, second by Councilman Glass, that Resolution #24-98 be approved. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: absent Councilman Glass: aye ******** FOR DISCUSSION – Ramadan Crescent Display and Lighting Borough Attorney Rupp advised that constitutional issues have been researched to determine whether the Crescent can be displayed on municipal property. He noted that the display of religious symbols on public property is a complex legal issue. He explained that, unlike the cases where the display of religious symbols on public property have been upheld, the proposed display does not include any symbols from other religions as the recognition of diversity nor does it contain any secular symbols denoting a recognized national holiday. He added that the display also does not carry a long-term history as the test adopted by some other cases. As such, he opined that the request, as proposed, would be violative of the First Amendment and should not be entertained. There was no motion was made to put the request forward for consideration. NEW BUSINESS – There was no New Business. OLD BUSINESS – There was no Old Business. PUBLIC COMMENTS – Motion by Councilwoman Kaufman, second by Councilman Benson, and all members present voting in favor, to open public comments. Rauniq Bhasin, Teaneck, NJ, expressed concern that, due to limited locations for a cannabis dispensary and only one license being available, the ordinance only allows one applicant to apply, prohibiting fair competition. He asked the governing body to consider eliminating B4 in Ordinance #24-05 which limits the number of applications. He further requested that, should site control be a requirement, a multi-phase approach be considered which would allow more people to participate in the process, making it more merit oriented. Borough Attorney Rupp advised that, although site control is a key issue, it does not guarantee approval of a license by the governing body as other criteria can be taken into account. He noted that there is an inherent limitation which is dictated by the landlord-tenant relationship. Mr. Bhasin commented on how difficult this process is due to limited opportunities and it is for this reason that he is arguing for a merit-based process. Gurteg Singh, 110 Regis Court, Paramus, NJ, expressed his belief that the governing body is inherently selecting one application by closing the process once one application has been submitted. He suggested that an unlimited number of applications be permitted regardless of site control in order to make it a justifiable, equitable process. Motion by Councilman Benson, second by Councilwoman Malellari, and all members present voting in favor, to close public comment. Borough Attorney Rupp confirmed that another applicant can come before the governing body if the initial applicant is rejected. He remarked that, although control of the site is absolutely essential as there are a limited number of sites that are involved, it does not guarantee a license as the application can be rejected on any of the other grounds. COUNCIL COMMENTS – There were no Council Comments. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilman Benson, second by Councilwoman Malellari, and unanimously carried, to adjourn this meeting. The meeting was adjourned 7:48 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE #24-04 AN ORDINANCE TO AMEND PART II, GENERAL LEGISLATION, CHAPTER 416 ZONING, OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE TO ESTABLISH THE CANNABIS OVERLAY ZONE (COZ) WHEREAS, in 2020 New Jersey voters approved Public Question No. 1, which amended the State of New Jersey Constitution to allow for the legalization of a controlled form of marijuana called “cannabis” for adults at least 21 years of age; and WHEREAS, Public Question No. 1 was approved by the voters of the Borough of River Edge; and WHEREAS, on February 22, 2021, Governor Murphy signed into law P.L. 2021, c.16, known as the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (the “Act”), which legalizes the recreational use of marijuana by adults 21 years of age or older, and establishes a comprehensive regulatory and licensing scheme for commercial recreational (adult use) cannabis operations, use and possession; and WHEREAS, the Act establishes six marketplace classes of licensed businesses consisting of: 1. Class 1 Cannabis Cultivator license, for facilities involved in growing and cultivating cannabis; 2. Class 2 Cannabis Manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items; 3. Class 3 Cannabis Wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees; 4. Class 4 Cannabis Distributor license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another; 5. Class 5 Cannabis Retailer license for locations at which cannabis items and related supplies are sold to consumers; and 6. Class 6 Cannabis Delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer. WHEREAS, Section 31a of the Act authorizes municipalities to adopt by ordinance regulations governing the number of (1) cannabis establishments, (2) cannabis distributors and (3) cannabis delivery services, except for the delivery of cannabis items and related supplies by a cannabis delivery service based and initiated from outside of the municipality; and WHEREAS, Section 31a of the Act also authorizes municipalities to adopt by ordinance regulations governing the local licensing endorsement, location, manner and times of operation of cannabis establishments and cannabis distributors, and the location and manner of cannabis delivery services, and establishing civil penalties for the violation of any such regulations; and WHEREAS, Section 31b of the Act authorizes municipalities to prohibit by ordinance the operation of any one or more classes of cannabis establishments, distributors, or delivery services anywhere in the municipality, except for the delivery of cannabis items and related supplies by a delivery service based and initiated from outside of the municipality; and WHEREAS, the Mayor and Council of the Borough of River Edge desires to allow a total of one (1) Cannabis Establishment for certain classes of Cannabis Establishments now permitted by State Law to form within the Borough of River Edge in a strictly limited and controlled manner that protects the interests of the residents and businesses of the Borough of River Edge; Page 1 of 6  NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of River Edge, located in the County of Bergen, State of New Jersey, that Part II, General Legislation, Chapter 416, Zoning; Article VIII, Conditional Uses, Overlay Zones and Planned Residential Developments, of the Revised General Ordinances of the Borough of River Edge is hereby amended as follows: Section 1. Part II, General Legislation, Chapter 416, Zoning; Article IV, District Regulations, Subsection 416-10 D., of the Revised General Ordinances of the Borough of River Edge is hereby amended as follows: All classes of Cannabis Establishments are strictly prohibited from operating anywhere in the Borough of River Edge, except as permitted in the Cannabis Overlay Zone, Section 416-36.3 Section 2. Part II, General Legislation, Chapter 416, Zoning; Article VIII, Conditional Uses, Overlay Zones and Planned Residential Developments, of the Revised General Ordinances of the Borough of River Edge is hereby amended to include the following: § 416-36.3 Cannabis Overlay Zone. A. Purpose. 1. To permit one (1) Class 5 Cannabis Retail Establishment to operate within the Borough of River Edge, through the mechanism known as overlay zoning. 2. To establish appropriate controls for Cannabis Establishments so as to protect and promote the health, safety, and welfare of the residents of the Borough of River Edge while promoting the growth of the commercial tax base by expanding into new and emerging markets. B. Effect on underlying zoning. 1. As an Overlay Zone, the Cannabis Overlay Zone (COZ) does not replace the existing or "underlying" zone designation. 2. Any person or entity that wishes to use or develop upon a property within the COZ shall have the option to use or develop the property in accordance with the regulations of either the COZ or the underlying zone. 3. Unless specifically stated to the contrary in this subsection, all “bulk” requirements for the underlying zone shall remain in effect. C. Cannabis Zoning Overlay Map. As identified in the Cannabis Overlay Zone Map, which is attached hereto and made part of this Ordinance as an exhibit, identifies the overlay zone along Route 4 East. D. Definitions. 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. 2016, c. 16 for use in cannabis products as set forth in this act, 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" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (C. 24:6I-1 et al.) and P.L. 2015, c. 158 (C. 18A:40-12.22 et al.); marijuana as defined in N.J.S. 2C:35-2 and applied to any offense set forth in chapters 35, 35A, and 36 of Title 2C of the New Jersey Page 2 of 6 Statutes, or P.L. 2001, c. 114 (C. 2C:35B-1 et seq.), or marijuana as defined in section 2 of P.L. 1970, c. 226 (C. 24:21-2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (C. 24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (C. 4:28-6 et al.). CANNABIS CULTIVATOR Any licensed person or entity that grows, cultivates, or produces cannabis in this state, 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. 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. 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. CANNABIS ESTABLISHMENT A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer. CANNABIS ITEM Any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin. "Cannabis Item" does not include: Any form of medical cannabis dispensed to registered qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (c. 24:6i-1 et seq.) and P.L. 2015, c. 158 (c. 18a:40-12.22 et seq.); or hemp or hemp product cultivated, handled processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (c. 4:28-6 et seq.). CANNABIS LEAF The leaf of the plant Cannabis sativa L. within the plant family cannabaceae. 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. CANNABIS MANUFACTURING The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" with respect to cannabis does not include packaging or labeling. CANNABIS OVERLAY ZONE The overlay zone whereby the approved classes of cannabis establishments are permitted to operate. CANNABIS OVERLAY ZONE MAP The official Borough map establishing the Cannabis Overlay Zone. Page 3 of 6 CANNABIS PARAPHERNALIA Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body. "Cannabis Paraphernalia" does not include drug paraphernalia as defined in N.J.S. 2C:36-1 and which is used or intended for use to commit a violation of Chapter 35 or 362 of Title 2C of the New Jersey Statutes. CANNABIS PRODUCT A product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including 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; (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. 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. CANNABIS, USABLE The dried leaves and flowers of the female plant Cannabis sativa L., and does not include seedlings, seeds, stems, stalks, or roots of the plant. E. Cannabis Overlay Zone; conditional use. 1. The conditions set forth in Subsection 2 below apply to all Cannabis Establishments located in the Cannabis Overlay Zone (COZ). All other permitted uses located within the COZ shall follow the underlying zoning regulations. 2. Conditions. A. Those Cannabis Establishments possessing a Class 5 Adult Use Cannabis Retail State License issued pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (P.L. 2021, c. 16), may operate with the COZ as established in the Cannabis Overlay Map. All cannabis licenses not specifically permitted to operate in the COZ are strictly prohibited from operating anywhere else in the Borough. B. The operator of the Class 5 Adult Use Cannabis Retail Establishment shall have first obtained a Resolution of Local Support issued by the Governing Body; C. A Cannabis Establishment shall be subject to licensing requirements established in Chapter 268; Page 4 of 6 D. All Cannabis Establishments shall undergo site plan review by the Borough’s Land Use Board unless the property has received prior approval by the Borough’s Land Use Board approving the same Cannabis Establishment license to operate at the proposed location; E. The Cannabis Establishment shall have frontage on Route 4 East; F. The Cannabis Establishment shall provide a security plan to be reviewed and approved by the Borough’s Chief of Police; G. For purposes of determining required parking, Cannabis Establishments shall have a parking requirement of one (1) parking spaces per 250 square feet of net retail area plus one (1) parking space for each employee; H. Cannabis Establishments operating in the COZ shall be permitted to conduct business during the hours of 10:00 a.m. to 10:00 p.m., Monday through Sunday; I. A Cannabis Establishment shall not be located within 1,000 feet of a pre-existing public or private preschools, grade school and high school. Early learning centers, day care centers, residential care homes, colleges, and vocational/trade centers shall not be classified as a school for purposes of this section. The distance shall be measured as follows: i. Distances shall be measured in a straight line from the center of the entrance of the cannabis establishment to the closest point of the school’s property line. ii. If the entrance of the Cannabis Establishment is set back from the sidewalk by a walkway or doorway, the measurement is taken from the center of the line where the walkway/doorway meets the sidewalk or curb. iii. For a Cannabis Establishment in a multi-story building, the building entrance at street level is to be used to guide the measurement. iv. Emergency/fire exits, maintenance access, and doors to gain access to nonpublic areas are not used in the measurement. J. All activities associated with the Cannabis Establishment shall occur within the building. All Cannabis shall be stored within a secure area not accessible to the public. There shall be no cannabis displayed in the retail floor area. K. The Cannabis Establishment shall provide odor mitigation infrastructure that will eliminate odor, smoke, gas, or toxic materials so as not to be detected off-site; L. Drive-through access shall be prohibited; M. No Cannabis Paraphernalia shall be displayed or kept at the Cannabis Establishment so as to be visible from outside the premises; N. No Cannabis Product shall be consumed on the premises of any Cannabis Establishment; O. A Cannabis Establishment shall not be located in a residential home, apartment, townhouse, or condominium; P. If located in a multi-tenant or mixed-use building, the Cannabis Establishment shall have a separate entrance where no part of the Cannabis Establishment shall be directly accessible from any common area within the building; Q. In addition to the signage requirements established for commercial uses in the underlying zone, Cannabis Establishments shall also be subject to the following signage requirements: i. No sign shall be placed on the roof of a building nor placed on its wall so as to exceed the height of the roof of the building; Page 5 of 6  ii. No internally illuminated signs shall be permitted; iii. No freestanding signs shall be permitted; iv. No more than two (2) building mounted signs per Cannabis Establishment is permitted on the site; v. The Cannabis Establishment signage may not include a Cannabis Leaf or other image of Cannabis Paraphernalia or Cannabis Product and may not contain images that market to an underage demographic. R. Except as modified herein, Cannabis Establishments shall follow underlying zoning regulations. Section 2. All other provisions of Chapter 416 of the Code shall remain unchanged. Section 3. Pursuant to N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64, after introduction of this Ordinance, it shall be referred to the Borough of River Edge Land Use Board for the review required by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., prior to the hearing on adoption of this Ordinance. Section 4. Any article, chapter, section, paragraph, subsection, clause, or other provision of the Code inconsistent with the provisions of this ordinance is hereby repealed to the extent of such inconsistency. Section 5. In case, for any reason, any portion or provision of this Ordinance shall be held to be unconstitutional or invalid, the same shall not affect any other portion or provision of this Ordinance, except so far as the portion or provision so declared unconstitutional or invalid shall be severed from the remainder or any portion thereof. Section 6. The Borough Clerk is hereby directed to give notice at least ten (10) days prior to the hearing on the adoption of this Ordinance to the Borough of River Edge Land Use Board and to all other entities entitled thereto pursuant to the provisions of N.J.S.A. 40:55D-15. Upon adoption of this ordinance, after public hearing thereon, the Borough Clerk is further directed to publish notice of the passage thereof and to file a copy of this ordinance as finally adopted. Section 7. This Ordinance shall be part of the Code of the Borough of River Edge as though codified and fully set forth therein. The Borough Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. Section 8. This Ordinance shall take effect immediately upon publication and final passage according to law. ATTEST: Borough of River Edge Borough Clerk Mayor INTRODUCED: ADOPTED: Page 6 of 6  BOROUGH OF RIVER EDGE ORDINANCE #24-05 AN ORDINANCE AMENDING PART II, GENERAL LEGISLATION, CHAPTER 268, LICENSING, OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE BE IT ORDAINED, by the Mayor and Council of the Borough of River Edge, Bergen County, New Jersey, as follows: Section 1. Part II of Chapter 268, Licensing, of the Revised General Ordinances of the Borough of River Edge is hereby amended to add thereto Article III, Establishments Selling Cannabis, to read in full as follows: ARTICLE III. Establishments Selling Cannabis. § 268-25 Purpose. The purpose of this article is to set forth the licensing requirements for Cannabis Establishments permitted to operate in the Borough of River Edge. § 268-26. Permitted and prohibited licenses. A. Permitted Licenses- Those businesses possessing a license issued by the State of New Jersey to operate and a Class 5 adult-use license pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), may apply for a license to operate within the Borough of River Edge, subject to all of the provisions of this ordinance and all applicable State standards and regulations. B. Prohibited Licenses: All other cannabis licenses, except a Class 5 License, are strictly prohibited from operating in the Borough of River Edge. § 268-27. Limitations on the number of licenses. The Borough of River Edge may issue one (1) Class 5 Adult Use Cannabis License to operate within the Borough’s limits § 268-28. License Required It shall be unlawful for any person or any business or corporate entity to operate a Cannabis Establishment within the Borough of River Edge without first having procured an annual license from the Borough Clerk’s Office. Page 1 of 5 A. License fees; renewal; late fees. 1. A Cannabis Establishment permitted to operate in the Borough shall pay the annual License Fee of $15,000.00. The license fee is non-refundable upon approval of the license by the Mayor and Council. 2. The licenses issued shall be effective for the calendar year in which it is issued, expiring on the 31st day of December of the year of issue, and may be renewable upon application for the succeeding calendar years thereafter. The fee for license renewals shall be due and payable on or before the first day of February in the year of renewal or be subject to late fees. 3. The annual license fee shall be prorated for first-time applicant’s that submit after June 1 of the initial year of operation. 4. Late fees. A late fee of $100 shall be charged for renewal licenses which are not paid on/or before February 1 of the license year. An additional $75 shall be charged for each month thereafter that the license fee is not paid. B. Application for license. 1. Any person or persons, business entity, corporation or corporations desiring to conduct, maintain or operate a permitted Cannabis Establishment within the Borough of River Edge shall complete the designated application form. 2. Applications shall be submitted to the Borough Clerk and will be deemed complete upon submittal of all documentation and information described in herein to the satisfaction of the Governing Body. 3. Subject to the provisions set forth below, licensing for a Cannabis Establishment will be on a reserve basis based on the order the application form is received until the number of permitted licenses is reached. A licensee’s failure to submit a fully completed Cannabis Establishment Application after a period of ninety (90) days from the original date of submittal shall constitute a basis for the Governing Body to deem the application expired and subject the licensee to a loss of the reserve space. 4. No further applications will be accepted when the Borough has obtained the number of competed application forms totaling the number of available licenses permitted by Ordinance. 5. The following documentation and information shall be provided in order for the application to be deemed complete and the license issued: Page 2 of 5  a. A completed application form; b. Payment of the annual license fee made payable to the “Borough of River Edge”; (If the application is denied or withdrawn prior to the issuance of a license by the Mayor and Council, the license fee shall be refunded.) c. A copy of the current annual license issued by the State of New Jersey; d. The Borough’s Resolution of Local Support; e. A copy of the land use board’s Resolution approving the site plan; f. Host Community Plan; g. Such other information or documentation as determined to be necessary to assess compliance with the requirements set forth or referenced herein; C. Notification of award. Upon completion of the requirements set forth in paragraph B above, a notification of award shall be issued pursuant to Resolution by the Mayor and Council. The Borough Clerk’s Office shall then issue the annual license. § 268-29 Display of license. The license shall be prominently displayed at the location approved in the application. The licensee shall have the license in his possession at all times and shall display it upon the request of any police officer or any person with whom the licensee is doing business. §268-30 Enforcement and Inspection. A. This section shall be enforced by the Borough of River Edge Health Department or such other municipal officials of the Borough of River Edge as may be designated by the Mayor and Council. B. Every Cannabis Establishment licensed to operate in the Borough shall be subject to inspection by Borough officials or agents, during reasonable hours, without prior notice. Failure or refusal on the part of the licensed Cannabis Establishment or its agents or employees to permit such inspection, maybe subject the Cannabis Establishment to suspension or revocation of the license. C. Should an inspection result in a documented violation in the form of a Complaint, the Cannabis Establishment must rectify the violation according to the Complaint or be subject to a suspension or revocation of the license. Page 3 of 5 § 268-31 Revocation of license; causes. A. Any license or permit issued by the Borough may be revoked by the Borough Council after notice and hearing for any of the following causes: 1. Fraud or misrepresentation in any application for a permit or license; 2. Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity; 3. A violation of any provision of this article, §416-36.3 of Chapter 416 or Chapter 92 of the Revised General Ordinances of the Borough of River Edge; 4. A conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly persons offense involving moral turpitude; or 5. Conduct of the licensed activity, whether by the licensee himself or his agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare. B. Whenever a license has been issued immediately upon an application pending the results of the investigation provided for by this article, such license may be summarily revoked if the result of the investigation is such that would have resulted in denial of the application. § 268-32 Violations and penalties. A. Any person(s) who is found to be in violation of the provisions of this article shall be subject to the monetary penalties in addition to any order of suspension or revocation. B. For any and every violation of any of the provisions of this article, the violator of said provision will be subject to a fine of not less than $100.00 and not more than $2,000.00, or imprisonment for up to 90 days, or a period of community service not exceeding 90 days, or any combination thereof. C. These penalties are in addition to any penalties that may be imposed, including, but not limited to, penalties imposed by the New Jersey Code of Juvenile Justice, N.J.S.A. 2A:170-51 et seq., and N.J.S.A. 2C:33-13.1 et seq. Section 2. All other provisions of Chapter 268 of the Code are hereby ratified and shall remain unchanged. Page 4 of 5 Section 3. Any article, chapter, section, paragraph, subsection, clause, or other provision of the Code inconsistent with the provisions of this ordinance is hereby repealed to the extent of such inconsistency. Section 4. In case, for any reason, any portion or provision of this Ordinance shall be held to be unconstitutional or invalid, the same shall not affect any other portion or provision of this Ordinance, except so far as the portion or provision so declared unconstitutional or invalid shall be severed from the remainder or any portion thereof. Section 5. Upon adoption of this ordinance, after public hearing thereon, the Borough Clerk is directed to publish notice of the passage thereof and to file a copy of this ordinance as finally adopted. Section 6. This Ordinance shall be part of the Code of the Borough of River Edge as though codified and fully set forth therein. The Borough Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. Section 7. This Ordinance shall take effect immediately upon publication and final passage according to law. ATTEST: Borough of River Edge Borough Clerk Mayor INTRODUCED: ADOPTED: Page 5 of 5  BOROUGH OF RIVER EDGE ORDINANCE #24-06 AN ORDINANCE CREATING PART I, ADMINISTRATIVE LEGISLATION, CHAPTER 92, TAXATION OF CANNABIS ESTABLISHMENTS, OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE BE IT ORDAINED, by the Mayor and Council of the Borough of River Edge, Bergen County, New Jersey as follows: Section 1. Part I, Administrative Legislation, of the Revised General Ordinances of the Borough of River Edge is hereby amended to include Chapter 92, Taxation of Cannabis Establishments, to read as follows: CHAPTER 92. Taxation of Cannabis Establishments. § 92-1. Creation and imposition of a municipal tax: A. Transfer Tax and User Tax Imposed. 1. There is hereby imposed a transfer tax of two percent (2%) on receipts from the sale of all Cannabis from a Cannabis Retailer. 2. There is hereby imposed a user tax equivalent to the transfer tax rate established in Section 100-4A.1 and 2, on any concurrent license holder, as permitted by section 33 of P.L.2021, c.16 (C.24:6I-46), operating more than one cannabis establishment. The user tax shall be imposed on the value of each transfer or use of cannabis or cannabis items not otherwise subject to the transfer tax, from the license holder's establishment that is located in the municipality to any of the other license holder's establishments, whether located in the municipality or another municipality. 3. Such transfer tax shall be collected or paid and remitted to the municipality by the Cannabis Establishment from the cannabis establishment purchasing or receiving the cannabis or cannabis item, or from the consumer at the point of sale, on behalf of the municipality by the cannabis retailer selling the cannabis item to that consumer. 4. The transfer tax shall be stated, charged, and shown separately on any sales slip, invoice, receipt, or other statement or memorandum of the price paid or payable, or equivalent value of the transfer, for the cannabis or cannabis item. No Cannabis Establishment required to collect a transfer tax imposed hereunder shall advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the transfer tax or user tax will not be separately charged and Page 1 of 7  stated to another cannabis establishment or the consumer, or that the transfer tax will be refunded to the Cannabis Establishment or the consumer. B. Tax Liability. Every Cannabis Establishment required to collect a transfer tax and user tax imposed herein shall be personally liable for the transfer tax or user tax imposed, collected, or required to be collected under this section. Any Cannabis Establishment shall have the same right with respect to collecting the transfer tax from another Cannabis Establishment or the consumer as if the transfer tax was a part of the sale and payable at the same time, or with respect to non-payment of the transfer tax or user tax by the Cannabis Establishment or consumer, as if the transfer tax was a part of the purchase price of the cannabis or cannabis item, or equivalent value of the transfer of the cannabis or cannabis item, and payable at the same time. § 92-2. Collection of Taxes and Lien. A. All revenues collected from a transfer tax and user tax imposed pursuant to this section shall be remitted to the Borough of River Edge Chief Financial Officer in the manner prescribed herein. The Chief Financial Officer shall collect and administer any transfer tax or user tax imposed. B. The Borough of River Edge may enforce the payment of delinquent taxes or transfer fees imposed by ordinance pursuant to this section in the same manner as provided for municipal real property taxes. 1. In the event that the transfer tax imposed by ordinance pursuant to this section is not paid when due by a Cannabis Establishment the unpaid balance, and any interest accruing thereon, shall be a lien on the parcel of real property comprising the Cannabis Establishment’s premises in the same manner as all other unpaid municipal taxes, fees, or other charges. 2. The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee, or other person, except the lien of municipal taxes, and shall be on a parity with and deemed equal to the municipal lien on the parcel for unpaid property taxes due and owing in the same year. 3. The Borough shall file in the office of its tax collector a statement showing the amount and due date of the unpaid balance and identifying the lot and block number of the parcel of real property that comprises the delinquent premises. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens are enforced. Page 2 of 7 § 92-3 Administration of Transfer Tax and User Tax. A. The Borough of River Edge Chief Financial Officer is charged with the administration and enforcement of the provisions of this chapter, and is empowered to prescribe, adopt, promulgate and enforce rules and regulations relating to any matter pertaining to the administration and enforcement of this chapter, including provisions for the reexamination and corrections of declarations and returns, and of payments alleged or found to be incorrect, or as to which an overpayment is claimed or found to have occurred, and to prescribe forms necessary for the administration of this chapter. B. Should a Cannabis Establishment fail or refuse to provide adequate information to the Chief Financial Officer to determine the amount of tax due, the Chief Financial Officer may use information provided to the Chief Financial Officer from other sources (i.e., the Commission or Department of Treasury) to determine the amount of tax liability. 1. Every Cannabis Establishment is hereby directed and required to give to the Chief Financial Officer, or to any agent designated by him/her, the means, facilities and opportunity for such examinations and investigations, as are hereby authorized. 2. The Chief Financial Officer is hereby authorized to examine the books, papers and records of the Cannabis Establishment to verify the accuracy of any declaration or return, or if no declaration or return was filed, to ascertain the tax due. 3. It shall be the duty of the Chief Financial Officer to collect and receive the taxes, fines, and penalties imposed by this chapter. It shall also be the duty of the Chief Financial Officer to keep a record showing the date of such receipt. The Chief Financial Officer is authorized to enter into agreements with the State of New Jersey to obtain information to facilitate administration of the tax. The Chief Financial Officer is authorized to issue a ruling upon written request of a taxpayer or upon its own volition. C. Recordkeeping. 1. A Cannabis Establishment liable for the transfer tax or user tax shall be required to keep such records as will enable the filing of true and accurate returns of the tax and such records shall be preserved for a period of not less than three (3) years from the filing date or due date, whichever is later, in order to enable the Chief Financial Officer or any agent designated to verify the correctness of the declarations or returns filed. Page 3 of 7  2. If records are not available in the municipality to support the returns which were filed or which should have been filed, the Cannabis Establishment will be required to make them available to the Chief Financial Officer either by producing them at a location in the municipality or by paying for the expenses incurred by the Chief Financial Officer or his agent in traveling to the place where the records are regularly kept. D. Returns. 1. All Cannabis Establishments operating in the municipality are required to file a tax return with the Chief Financial Officer to report their sales during each calendar quarter and the amount of tax in accordance with the provisions of this chapter. Returns shall be filed and payments of tax imposed for the preceding calendar quarter shall be made on or before the last day of April, July, October, and January, respectively. 2. A Cannabis Establishment that has overpaid the transfer tax, or who believes it is not liable for the tax, may file a written request on an amended tax return with the Chief Financial Officer for a refund or a credit of the tax. For amounts paid as a result of a notice asserting or informing a taxpayer of an underpayment, a written request for a refund shall be filed with the Chief Financial Officer within two (2) years of the date of the payment. E. Confidentiality. The returns filed by the Cannabis Establishment, and the records and files of the Chief Financial Officer respecting the administration of the transfer tax, shall be considered confidential and privileged and neither the municipality nor any employee or agent engaged in the administration thereof or charged with the custody of any such records or files, nor any former officer or employee, nor any person who may have secured information therefrom, shall divulge, disclose, use for their own personal advantage, or examine for any reason other than a reason necessitated by the performance of official duties any information obtained from the said records or files or from any examination or inspection of the premises or property of any person. Neither the Chief Financial Officer nor any employee engaged in such administration or charged with the custody of any such records or files shall be required to produce any of them for the inspection of any person or for use in any action or proceeding except when the records or files or the facts shown thereby are directly involved in an action or proceeding under the provisions of the State Uniform Tax Procedure Law or of the tax law affected, or where the determination of the action or proceeding will affect the validity or amount of the claim of the municipality under the tax provisions of this chapter. Page 4 of 7 § 92-4. Audit and Assessment. A. The Borough’s Chief Financial Officer may initiate an audit by means of an audit notice to be served on any agent at the Cannabis Establishment’s principal place of business. B. In the event a return is found to be incorrect and transfer or user taxes are owed, the Chief Financial Officer is authorized to assess and collect any tax due and owing. Deficiency assessments (i.e., where a Cannabis Establishment filed a return but is found to owe additional tax) shall include taxes for up to three (3) years to the date when the deficiency is assessed. C. If no return has been filed and tax is found to be due, the tax actually due may be assessed and collected with or without the formality of obtaining a return from the taxpayer. Where no return was filed, there shall be no limit to the period of assessment. D. All expenses incurred by the Borough associated with the audit and the collection of the outstanding taxes shall be paid by the delinquent Cannabis Establishment. E. Upon proposing an assessment, the Chief Financial Officer shall send the Cannabis Establishment an interim notice by certified mail, return receipt requested, or by electronic means approved by the Cannabis Establishment, advising the taxpayer of additional taxes that are due. Should the taxpayer wish to dispute the assessment administratively by requesting a hearing with the Chief Financial Officer, it must do so within thirty (30) days of the date of such interim notice. If, after the Chief Financial Officer sends an interim notice, a taxpayer fails to timely request a hearing with the Chief Financial Officer or requests a hearing and after conducting a hearing, the Chief Financial Officer determines that the taxes are due, the Chief Financial Officer shall send the Cannabis Establishment by certified mail, return receipt requested, or by electronic means approved by the Cannabis Establishment, a final notice. Should the Cannabis Establishment wish to dispute the assessment set forth in the final notice, the Cannabis Establishment must initiate an appeal in the New Jersey Tax Court within ninety (90) days after the mailing of any final notice regarding a decision, order, finding, assessment, or action hereunder. § 92-5. Time Limitations. A. The following periods of limitations shall apply to suits for collection of taxes: 1. When a return has been filed but no tax paid, any suit brought to recover the tax due and unpaid shall be filed within two (2) years after the return was due or filed, whichever is later; Page 5 of 7  2. Where no return was filed or a fraudulent return was filed, there shall be no limits to file suit for the collection of taxes; 3. Where, before the expiration of the time prescribed in this section for the filing a lawsuit against the taxpayer, both the Chief Financial Officer and the taxpayer have consented in writing to its extension after such time, the suit may be filed at any time prior to the expiration of the period agreed upon; and B. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. § 92-6 Hearings and Appeals. A. Any person who receives an interim notice from the Chief Financial Officer may within thirty (30) days after the date of an interim notice, request a hearing with the Chief Financial Officer. Any person who fails to request a hearing in a timely manner waives the right to administratively contest any element of the assessment. The Chief Financial Officer shall accept payments of disputed tax amounts under protest pending appeals; however, any request for refund of such monies must be filed in accordance with this section. B. A Cannabis Establishment may, within ninety (90) days after the mailing of any final notice regarding a decision, order, finding, assessment, or action hereunder, or publication of any rule, regulation or policy of the Chief Financial Officer, appeal to the Tax Court pursuant to the jurisdiction granted by N.J.S.A. 2B:13- 2a(3) to review actions or regulations of municipal officials by filing a complaint in accordance with the New Jersey Court Rule 8:3-1. The appeal provided by this section shall be the exclusive remedy available to any taxpayer for review of a final decision of the Chief Financial Officer in respect to a determination of liability for the tax imposed by this chapter. § 92-7. Violations and penalties. Any person or business who violates any provision of this chapter shall be subject to the penalties provided by Chapter 268, Article III. Section 2. All other provisions of the Borough Code are hereby ratified and shall remain unchanged. Section 3. Any article, chapter, section, paragraph, subsection, clause, or other provision of the Code inconsistent with the provisions of this ordinance is hereby repealed to the extent of such inconsistency. Section 4. In case, for any reason, any portion or provision of this Ordinance shall be held to be unconstitutional or invalid, the same shall not affect any other portion or provision of this Page 6 of 7 Ordinance, except so far as the portion or provision so declared unconstitutional or invalid shall be severed from the remainder or any portion thereof. Section 5. Upon adoption of this ordinance, after public hearing thereon, the Borough Clerk is directed to publish notice of the passage thereof and to file a copy of this ordinance as finally adopted. Section 6. This Ordinance shall be part of the Code of the Borough of River Edge as though codified and fully set forth therein. The Borough Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. Section 7. This Ordinance shall take effect immediately upon publication and final passage according to law. ATTEST: Borough of River Edge Borough Clerk Mayor INTRODUCED: ADOPTED: Page 7 of 7  Certification of Availability of Funds NJAC 5:30-5 Date: February 26, 2024 For Resolution #24-96 To: Mayor and Council I hereby certify to the availability of public funds for the following specific purpose: Purpose: Professional Services Contract to Surenian, Edwards, Buzak & Nolan LLC as Special COAH Counsel for 2024, which may not exceed $10,000. Line Item (or Ordinance) to be Charged: 4-01-20-155-172 _______________________________ Chris Battaglia, CFO