[Added 8-19-2021 by Ord.
No. 21-13]
As used in this chapter:
A cannabis supplier or cannabis retailer as defined herein.
A State-regulated cannabis retailer that purchases or otherwise
obtains usable cannabis and cannabis items from a cannabis cultivator,
processors, wholesalers, or distributor and sells same to consumers
from a retail establishment. Cannabis retailers may use a cannabis
delivery service or a certified cannabis handler for off-premises
delivery of cannabis products or items related to consumers. Cannabis
Retailer shall possess prior to commencing operations a Class 5 license
for retail sales of Cannabis from the State of New Jersey.
[Amended 3-17-2022 by Ord. No. 22-04]
A State-regulated cannabis cultivator, processor, wholesaler,
or distributor which shall possess prior to commencing operations
a Class 1, 2, 3, or 4 permits or permit endorsement issued by the
State of New Jersey that authorizes such establishment to cultivate,
process, wholesale, or distribute cannabis.
[Added 8-19-2021 by Ord.
No. 21-13]
Cannabis establishments shall be permitted, pursuant to this
chapter, only if the following requirements are complied with:
a.
The
regulations of this section are subject to the enabling authority
of the State of New Jersey and are subject to compliance with all
statutes and/or regulations adopted by the State of New Jersey or
its instrumentalities. If any provision of this section is inconsistent
with the statutes and/or regulations of the State of New Jersey, the
State statutes and/or regulations shall prevail.
b.
Prior
to the operation of any cannabis establishment, a permit or license
must be obtained from the State of New Jersey and from the Borough
of Elmwood Park for the applicable type(s) of cannabis establishment.
No cannabis establishment shall be permitted to operate without State
and municipal permits or licenses.
c.
Cannabis
establishment uses shall, at all times, comply with the terms and
conditions of the licensee's cannabis establishment license for permits
or licenses issued by the State of New Jersey and the Borough of Elmwood
Park.
d.
No
cannabis establishment shall be allowed as a home professional occupation
as defined under any other chapter or section of the Borough Code.
e.
No
cannabis establishment shall be housed in a vehicle or any movable
or mobile structure of any kind and nature.
f.
Odor.
Cannabis establishments shall be equipped with a ventilation system
with filters sufficient in type and capability to mitigate odor and
approved by the Borough Building Department and zoning official so
as to mitigate cannabis odors emanating from the interior of the premises.
Odor mitigation shall be sufficient such that odors emanating from
the facility are not detectable by a person on adjacent properties,
public rights-of-way, or within other units located within the same
building. Odor mitigation equipment shall be screened from view from
adjacent properties.
g.
Noise.
Outside generators and other mechanical equipment used for any kind
of power supply, cooling, or ventilation shall be enclosed and have
appropriate baffles, mufflers, and/or other noise reduction systems
to mitigate noise pollution. All facilities must operate within the
applicable State sound limitation. Sound mitigation equipment shall
be screened from view from adjacent properties.
h.
Security.
All cannabis establishments shall be secured in accordance with State
of New Jersey statutes and regulations; shall have an around-the-clock
video surveillance system, 365 days a year; and shall have trained
security personnel onsite at all times during operating hours. A security
plan shall be submitted to the Borough of Elmwood Park Police Department
and approved prior to the commencement of any operation of any cannabis
establishment.
i.
Hours.
No cannabis retailer may open to customers for business before 8:00
a.m. or remain open to customers for business after 10:00 p.m.
j.
Prohibited
Uses. Except as expressly permitted by this chapter, as well as any
other applicable chapters, any activity involved in the cultivation,
manufacture, processing, testing, dispensation, distribution, and/or
sale of cannabis, marijuana, or cannabis products, are expressly prohibited
as land uses or otherwise in the Borough of Elmwood Park.
k.
Cannabis
suppliers shall not cultivate, manufacture, or process cannabis on
exterior portions of a lot. All such activities shall occur within
an enclosed building.
l.
Cannabis
Retailers. Products shall not be visible from a public sidewalk, public
street, or any other public place.
m.
All
cannabis suppliers shall submit an energy use plan demonstrating best
practices for energy conservation. The plan shall include, at minimum,
an electrical system overview, proposed energy demand, proposed water
system and utility demand, and a strategy for satisfying the anticipated
demand.
n.
Cannabis
Delivery Services. Cannabis delivery services are hereby prohibited
from operating anywhere in the Borough of Elmwood Park, except for
the delivery of cannabis items and related supplies by a licensed
cannabis delivery service based and initiated from a cannabis delivery
service licensed location outside of the Borough of Elmwood Park.
