[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
a. There are 6 Classes of businesses who may obtain a license from the
State to operate a Cannabis Establishment, which are;
1. Class 1: Cannabis Cultivator.
2. Class 2: Cannabis Manufacturer.
3. Class 3: Cannabis Wholesaler.
4. Class 4: Cannabis Distributor.
5. Class 5: Cannabis Retailer.
(a)
Only an establishment who operates under this class may also
be permitted to operate a Designated Consumption Establishment.
6. Class 6: Cannabis Delivery Service.
b. Other Establishments:
2. Safety Compliance Establishments.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021; amended 11-23-2021 by Ord. No. 6PSF-a(s), 11-23-2021]
a. Authorization and special use permits are required in order to operate
an establishment. No person shall operate a cannabis establishment
in the City without an authorization issued by the City pursuant to
the provisions of this Title and a special use permit pursuant to
this Title and the City's Zoning Ordinance.
b. There shall be a limited number of Cannabis Establishments eligible for authorization, this numerical limitation shall be pursuant to Section
14:3-5 of this Title.
c. No person shall operate a temporary cannabis event in this City.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
a. A Cannabis Establishment location must be approved by the City Planning
Division, Department of Economic and Housing Development, pursuant
to Title XLIII Zoning and Land Use Regulations.
b. All establishments must operate in an affixed structure.
c. No establishment shall be operated within a residence.
d. No establishment shall be operated in a vehicle or any moveable or
mobile structure.
e. No cannabis retailer shall be located in or upon any premises in
which operates a grocery store, delicatessen, indoor food market,
or other store engaging in retail sales of food, or in or upon any
premises in which operates a store that engages in licensed retail
sales of alcoholic beverages.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021; amended 11-23-2021 by Ord. No. 6PSF-a(s), 11-23-2021]
A Cannabis Establishment may only operate between the following
hours:
a. Class 5-Retailer (including microbusiness): Shall be open to the
public for purchasing between the following hours:
1. Monday through Thursday: 9:00 a.m. until 10:00 p.m.
2. Friday through Sunday: 8:00 a.m. until 11:00 p.m.
Retail operating hours do not apply to sales for the sole purpose
of consumption in indoor cannabis consumption area.
b. Indoor
Cannabis Consumption: Shall be open to the public for the sole purpose
for purchasing cannabis or cannabis items to consume on premises between
the following hours:
1. Monday
through Thursday: 9: 00 a.m. until 12: 00 a.m. the following day.
2. Friday
through Sunday: 8:00 a.m. until 2:00 a.m. the following day.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
a. All Cannabis Establishments must have armed security guards or off-duty
police officer(s) at every entrance and exit point of its facility;
except locked emergency doors and/or fire doors.
1. During the hours of non-operation there must be at least one armed
security guard or off-duty police officer guarding or patrolling the
establishment, and all doors must be locked and secured, but must
allow this guard or officer access to the property to secure the establishment.
b. Retail Establishments.
1. Security shall be responsible for ensuring that every person who
comes in to purchase cannabis or cannabis items shall be 21 years
of age or older.
(a)
Must check official government identification by using an electric
identification verification.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
Any owner/operator who fails to provide and maintain armed security
in accordance with the provisions herein shall, upon conviction, be
punished by a fine of not less than $1,000 for each day the owner/operator
is found to be in violation of this section.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
a. View of the Exterior:
1. Any holder of a cannabis license shall place and maintain security
cameras that can monitor and record all entrances and exits of the
establishment, as well as the front perimeter of the same extending
to the curb line and parking lot.
2. The security camera(s) shall be operational 24 hours. seven days
a week. The recordings contained therein shall be made available to
sworn officers of the Department of Public Safety, Police Division
pursuant to any investigation being conducted regarding activity at
or in the immediate area of the establishment.
3. Any recording contained therein shall be maintained for a minimum
of ninety (90) days, and shall also be made available to sworn officers
of the Department of Public Safety, Police Division to aid in the
investigation of crimes occurring at the establishment or in the immediate
area of the establishment.
b. View of the Interior: All retail Cannabis Establishments must have
video surveillance cameras inside the building monitoring all locations
accessible to the public, excluding the restrooms. These security
cameras shall be:
1. Operational 24 hours, seven days a week. The recordings contained
therein shall be made available to sworn officers of the Department
of Public Safety, Police Newark Division of Police pursuant to any
investigation being conducted regarding activity at the establishment.
2. Any recording contained therein shall be maintained for a minimum
of 90 days, and made available to sworn officers of the Newark Division
of Police to aid in the investigation of crimes occurring at the establishment.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
Any owner/operator who fails to provide and maintain video surveillance
cameras in accordance with the provisions herein upon conviction,
shall be subjected to a fine of not less than $1,000, for each day
the owner/operator is found to be in violation of this section.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
All Cannabis Establishments must have a Burglary and Robbery
Alarm system in accordance with all applicable rules and regulations,
including Newark Municipal R.O. 20:4 et seq.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
All Cannabis Establishments shall have equipment to mitigate
odor. The building shall be equipped with a ventilation system with
carbon filters sufficient in type and capacity to mitigate cannabis
odors emanating from the interior of the premises and/or a ventilation
system that is customarily used in this industry to prevent odors
and emissions of gasses.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
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.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
All Cannabis Establishments must allow the City access to its
premises for random inspection. These inspections will happen during
business hours of the establishment. If the City is denied access
to inspect the premises, then the establishment will have to immediately
stop operations, lock, and close down the establishment. The City
will only allow the establishment to reopen once it has completed
its inspection.
[Added 8-19-2021 by Ord.
No. 6PSF-AA (s), 08-19-2021]
A retailer cannot begin selling cannabis until the Commission gives its authorization to all retailers throughout the State. The retailer must comply with all license requirements from Chapter
14:3, State licensing requirements, and any other applicable City ordinances.