[HISTORY: Adopted by the Mayor and Council
of the Township of North Brunswick 11-15-2021 by Ord. No. 21-23[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 140,
Cannabis, Licensed Businesses, adopted 8-5-2021 by Ord. No. 21-11.
For the purposes of this chapter, the terms used herein are
defined as follows:
A designated location either operated by a licensed retailer
for adult use or a permit holder for dispensing medical cannabis for
which both a state and local endorsement has been obtained, that is
either:
An indoor structurally enclosed area of the cannabis retailer
for adult use or permit holder that is separate from the area in which
retail sales of cannabis items for adult use or the dispensing of
medical cannabis occurs; or
An exterior structure on the same premises as the cannabis retailer
or permit holder, either separate from or connected to the cannabis
retailer or permit holder, at which cannabis items or medical either
obtained from the retailer or permit holder, or brought by a person
to the consumption area may be consumed.
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.
This person or entity shall hold a Class 1 cannabis cultivator's
license.
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. This person or entity shall hold a Class 6 cannabis
delivery license.
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 establishments 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. This person or entity shall hold a Class 4 cannabis distributor's
license.
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 the other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturer's
license.
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 the 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. This
person or entity shall hold a Class 5 cannabis retail license.
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. This person or entity shall hold a Class 3 cannabis wholesaler
license.
A.
Limitation on number of licenses. Within the geographic boundaries
of the Township, the maximum number of licensed cannabis businesses
shall be no more than two for each class of cannabis licensed establishment
(Classes 1, 2, 3, 4, 5, and 6).
B.
Limitation on location. A licensed cannabis business shall not be
permitted within 500 feet of any existing licensed cannabis business
premises, with the exception of Class 5 retail and Class 6 delivery
cannabis establishments which are owned and operated by the same entity,
or any primary or secondary educational institution or any house of
worship. The distance shall be measured in the same manner as that
required by statute for the measuring of distances between licensed
retail sale of alcoholic premises, schools and churches.
Hours of operation for Class 5 cannabis retailer and Class 6
cannabis delivery licenses shall be limited to 9:00 a.m. to 9:00 p.m.,
and said hours shall be enforced by the Police Department.
It is hereby established that no person shall smoke, vape or
otherwise consume any cannabis products on a public street, highway,
avenue, alley or road of the Township; or upon any public or quasi-public
parking lots or garages or any other parking facilities in the Township;
or on any public grounds, parks, sidewalks, promenade or quasi-public
areas; or in any automobile, or other vehicle or in any other means
of transportation on the public streets, highways, alleys, avenues,
grounds, sidewalks, parks, promenade or quasi-public areas in the
Township.
Cannabis consumption areas shall be prohibited within the geographical
boundaries of the Township of North Brunswick in conjunction with
any Class 5 cannabis retail license establishment.
