Skip to content

A town square for an unsquare town

redbankgreen

Standing for the vitality of Red Bank, its community, and the fun we have together.

RED BANK: $10K CANNABIS BIZ FEE ON TABLE

red-bank-cannabis-restrictions-map-2-072821-500x353-1271717Map indicates areas of town that are off-limits for cannabis operations and sales with cross-hatching outlined in red. (Click to enlarge.)

By JOHN T. WARD

hot-topic_02-220x137-6360205A proposed $10,000 fee for licenses to grow, store or sell cannabis was flagged as possibly problematic by Red Bank’s borough attorney last week.

red-bank-greg-cannon-113021-500x332-9668735Borough Attorney Greg Cannon. (Photo by John T. Ward. Click to enlarge.)

At the council’s workshop meeting last week, community planning Director Shawna Ebanks suggested an amendment to a recently enacted cannabis ordinance to create a licensing procedure and fee.

Her office has received a number of inquiries about retail use, she said, but thus far, the borough has only addressed the land-use aspect of the newly legalized drug, and doesn’t have a system for issuing licenses.

Tinton Falls and Eatontown both charge licensing fees of “about $10,000,” she said. The fee applies to all six categories of cannabis operations, from cultivation and warehousing to retail sales, she said.

According to centraljersey.com, the Eatontown businesses would pay $2,500 for subsequent annual license renewals.

The creation of a licensing process and fee is “highly recommended by” the Cannabis Regulatory Commission, Ebanks said, because “it follows the line of their licensing procedure.”

But borough Attorney Greg Cannon raised the possibility that the fee might be challenged as discriminatory and at odds with the social justice aims of legalization.

“Obviously, the $10,000 fee sounds like an awesome idea from a municipal revenue perspective,” he said. “But the stated legislative intent of that law is social justice” to address decades of enforcement inequities and to ensure participation in the market by small business, he said.

Cannon said he would have to look into the CRC’s licensing regulations to determine what, if anything, the agency says about municipal fees.

“But $10,000 just seems like a lot,” he said. “Most municipal fees are based on what it costs to actually process the application.”

He said he expected that “the first person to apply” who can’t afford the fee in Eatontown or Tinton Falls will challenge it in court.

Red Bank, he said, “is very pro-social justice, and that’s a very high fee in that regard, and I’m not sure it’s legal.”

He said he didn’t want to see the borough end up “both stymying the market and fighting over $10,000.”

Ebanks said the borough doesn’t have to set its fee at $10,000.

Cannon reiterated that he needs to review the state law and regulations “before we start throwing numbers into an ordinance.”

Councilwoman Kathy Horgan suggested a sliding scale of fees depending on the classification.

Mayor Pasquale Menna asked that Cannon prepare a memo for the governing body.
“We all agree there should be a methodology” for licensing, he said.

As reported by redbankgreen last month, a would-be cannabis retailer recently applied for borough permits to rehab space at 9 West Street, next door to Red Bank Liquors.

But applicant Andy Zeitlin told redbankgreen he’s not yet ready to discuss his plans, which also require approval by the CRC. The agency won’t even begin accepting applications for retail licenses until March. Meantime, no hearing on the borough application has been scheduled.

Following passage of a statewide legalization referendum in November, 2020, the council approved a zoning ordinance in August that allows retail cannabis sales in a stretch of the Highway Business zone along Newman Springs Road; the Business Residential-1 zone; the CC-1 and CC-2 zones downtown; and the Waterfront Development zone.

Retail sales would be a conditional use, meaning applicants would be required to present their plans to the board.

As per state law, the borough plans to impose a local excise retail tax of 2 percent and a wholesale tax of 1 percent.

If you value the news coverage provided by redbankgreen, please become a financial supporter for as little as $1 per month. Click here to set your own level of monthly or annual contribution.

Follow Red Bank Green on Instagram
@redbankgreen
Remember: Nothing makes a Red Bank friend happier than to hear "I saw you on Red Bank Green!"
redbankgreen Classics
Partyline
CARS, BARS AND VANS
Middletown resident Rob King was cruising through the Red Bank municipal parking lot behind the Dublin House Saturday night in his 1969 Plym ...
TWO SHORTS IN FILMONEFEST
Leonardo Morales Pitalua, a 20-year-old animator who lived in Red Bank until February, will have two short films shown at FilmOneFest in Hig ...
LONG DOGGONE WAIT
Partyline photo: The driver of an e-bike and his human passenger wait at the Monmouth Street train crossing while a northbound NJ Transit tr ...
WE’RE LICHEN THIS FUNGHI!
A mushroom sprouts from the mouth-like hole in this lichen-covered tree on the grounds of Red Bank Primary School Tuesday morning.
HELL STRIP FIREWORKS
Revelers launched fireworks from the hell strip in front of a home on Drs. James Parker Boulevard on July 4, one of many impromptu and quest ...
SWIMMING, ER, SCULLING RIVER?
Partyline photo captures a single rower working their way up the Swimming River.
SUMMER SUNRISE
A stunning Sunrise on the Navesink River in Red Bank Tuesday June 30.
BRAZEN LAWLESSNESS?
Who does this? One of those famously (and, yes apocryphally) illegal-to-remove mattress tags lies on the plaza outside the Count Basie Cente ...
SUNNY SKIES, JAZZY VIBES AT RED BANK ARTS FEST
A jazz combo comprised of current and former students of the Red Bank-based Jazz Arts Project performed at the first Red Bank Arts Festival ...
COOL JUNE BRIDE RIDE
It’s a wedding thing. (Photo and text by Rosann Dal Pra)   Follow Red Bank Green on Instagram @redbankgreen Follow
RED BANK CLASSIC 5k
Runners at the starting line of the Red Bank Classic 5k Saturday morning.
WORLD CUP WATCH PARTY AT COUNT BASIE FIELD
Solid turnout, festive vibes and a huge Mexico win: Count Basie Park World Cup Watch Party photos. (Click to read)
DOUBLE RAINBOW OVER RED BANK
Partyline contributor captures stunning double rainbow over Red Bank.
RED BANK: SINKHOLE ON SHREWSBURY AVE
Emergency sinkhole repairs closed Shrewsbury Avenue northbound traffic for most of the day Wednesday.
NAVESINK SUNRISE
Partyliner captures stunning sunrise over the Navesink River in Red Bank.
DRONES SCRUB BANK BUILDING
Partyline photo: A power washing drone was used to clean the exterior of the Ocean First Bank Building at 110 West Front Street recently.
MESSAGE TO READERS
Please stand by: A quick message to readers about a pause in news coverage.
IN THE DISTANCE, NEW STATUE UNVEILED
A new monument commemorating the 250th anniversary of US Independence is unveiled in a park that only has a Red Bank mailing address.
CARPY DIEM
From the redbankgreen Partyline: A pair of large carp cruise the shallows under Hubbard's Bridge (Senator Kyrillos Bridge) on Front Street T ...
BIBS ON FOR OPENING DAY
Partyline: Two longtime neighbors re-unite for lobsters on the Boondocks Fishery opening day.