Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16), all cannabis establishments, cannabis distributors or cannabis
delivery services are hereby prohibited from operating anywhere in
the Borough of Bloomingdale, 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.
[Amended 8-16-2022 by Ord. No. 14-2022]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16), all cannabis cultivators, cannabis manufacturers, cannabis
distributors and cannabis delivery services are hereby prohibited
from operating anywhere in the Borough of Bloomingdale, 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.
A.
Cannabis retailers.
(2)
Conditional use standards.
(a)
Buffer zone. Distance shall be 500 feet from schools, recreation
uses and public parks. Distance shall be identified and shown, by
the applicant, as in any land use application.
(b)
Cannabis retail use premises. Premises shall be no more than
2,500 square feet; shall have separate access if in the same location
as a cannabis growing business; shall be enclosed, heated and air
conditioned; shall be a permanent, nonfabricated, nonmoveable structure;
shall only have one primary public access point, which shall be directly
adjacent to the right-of-way or parking area of the building and shall
not be through common entrances with other uses; shall have no drive-through
facilities; shall have no cannabis or cannabis-related product visible
from the exterior; shall not permit the consumption of cannabis, food,
alcohol or tobacco in any form on the premises.
(c)
Operating hours. Retailer shall not be open to any person earlier
than 10:00 a.m. and later than 10:00 p.m. Monday through Saturday
and no earlier than 11:00 a.m. and later than 7:00 p.m. Sunday.
(d)
Consumer identification and legal limit. Plan shall be submitted
detailing all measures that will be taken to ensure that patrons are
at least 21 years of age and to ensure that patrons are not able to
purchase, or otherwise obtain, more than the legal limit.
(e)
Consumer education. Plan shall be submitted detailing protocols
to educate consumers about safe consumption and the risks associated
with cannabis.
(f)
Odor control. Plan shall be submitted. Retailer shall provide
an air treatment system with sufficient odor-absorbing ventilation
and exhaust systems such that any odor generated inside the facility
is not detectable by a person of reasonable sensitivity at the property
line of the subject property. The Borough of Bloomingdale, additionally,
shall monitor odor from the facility on an annual basis, at the discretion
of the Borough, by a licensed, qualified contractor chosen by the
Borough at a cost that shall be paid for by the property owner and/or
the license holder. The license holder shall monitor all activities
for odors on a daily basis and shall maintain physical written records
of all odor monitoring, investigations, air quality studies and adverse
events and produce such records to the Borough of Bloomingdale upon
request within seven days of such request.
(g)
Business records. All records of cannabis purchased, sold or
otherwise provided to patrons shall be produced to the Borough of
Bloomingdale upon request within seven days of such request.
(h)
Safety, security, emergency services access. Plan shall be submitted
detailing measures to ensure public safety, eliminate unauthorized
access, ensure product and cash security, provide for the use of interior/exterior
security cameras, and eliminate loitering and waiting lines exterior
to the building. Security camera footage shall be maintained for the
period required by state law and shall be subject to immediate inspection
and access by the Borough of Bloomingdale Police Department upon request.
Security system shall be equipped with audible alarm and direct or
third-party notification to the Borough of Bloomingdale Police Department.
Cannabis products and cash shall be stored and secured in a locked
safe securely attached to the premises.
(i)
Signage. Signs shall be limited to address, legal name or any
registered alternate and emergency contact information. Signs shall
not promote consumption of cannabis. Signs shall comply with applicable
State of New Jersey law and Borough of Bloomingdale ordinances.
(j)
Window displays. A window covering and display plan shall be
submitted outlining general types and content of window displays to
be utilized.
(k)
State and local licenses. Cannabis retailers shall hold valid
licenses to operate issued by the State of New Jersey and the Borough
of Bloomingdale. Said licenses shall be conspicuously posted on the
premises under glass or equivalent protective surface.
(l)
On-premises products. Only cannabis and cannabis-related items
shall be offered for sale.
(m)
Cannabis product waste disposal. A cannabis product waste disposal
plan shall be submitted detailing measures to eliminate access to
cannabis product.
(n)
Authorized representative contact. A plan shall be submitted
detailing measures to facilitate quick resolution to issues or concerns
and identifying the individual who the community and the Borough of
Bloomingdale can contact to report said issues or concerns. The method
of community contact shall be clearly identified. The Borough of Bloomingdale
Police Department and the Borough Administrator at all times shall
be provided with up-to-date contact information to include direct
telephone, cell phone and email. The authorized representative or
designee shall be available 24 hours daily to serve as the primary
person of contact and shall have full authority to make decisions
on behalf of the cannabis retail establishment in the event of an
emergency. Said authorized representative or designee shall be responsible
to respond to events inclusive of criminal activity, public safety,
emergency services, adverse odor or suspected violation of applicable
State of New Jersey law or Borough of Bloomingdale ordinance.
B.
Cannabis
wholesalers.
[Added 8-16-2022 by Ord. No. 14-2022]
(1)
Licensing,
fees and taxes as regulated by and set forth in the Borough Code at
§ 14-18.
(2)
Conditional
use standards.
(a)
Buffer zone. Distance shall be 500 feet from schools, recreation
uses and public parks. Distance shall be identified and shown, by
the applicant, as in any land use application.
(b)
Cannabis wholesale use premises. Premises shall be no more than 2,500
square feet; shall not be open to the public; shall be enclosed, heated
and air conditioned; shall be a permanent, nonfabricated, nonmoveable
structure; access shall not be through common entrances with other
uses; shall have no cannabis or cannabis-related product visible from
the exterior; shall not permit the consumption of cannabis, food,
alcohol or tobacco in any form on the premises.
(c)
Operating hours. Wholesaler shall not be open earlier than 8:00 a.m.
and no later than 5:00 p.m. Monday through Saturday.
(d)
Odor control. Plan shall be submitted. Wholesaler shall provide an
air treatment system with sufficient odor-absorbing ventilation and
exhaust systems such that any odor generated inside the facility is
not detectable by a person of reasonable sensitivity at the property
line of the subject property. The Borough of Bloomingdale, additionally,
shall monitor odor from the facility on an annual basis at the discretion
of the Borough by a licensed, qualified contractor chosen by the Borough
at a cost that shall be paid for by the property owner and/or the
license holder. The license holder shall monitor all activities for
odors on a daily basis and shall maintain physical written records
of all odor monitoring, investigations, air quality studies and adverse
events and produce such records to the Borough of Bloomingdale upon
request within seven days of such request.
(e)
Business records. All records of cannabis purchased, sold or otherwise
provided to wholesalers or retailers shall be produced to the Borough
of Bloomingdale upon request within seven days of such request.
(f)
Safety, security, emergency services access. Plan shall be submitted
detailing measures to ensure safety, eliminate unauthorized access,
ensure product and cash security and provide for the use of interior/exterior
security cameras. Security camera footage shall be maintained for
the period required by state law and shall be subject to immediate
inspection and access by the Borough of Bloomingdale Police Department
upon request. Security system shall be equipped with audible alarm
and direct or third-party notification to the Borough of Bloomingdale
Police Department. Cannabis products and cash shall be stored and
secured in a locked safe securely attached to the premises.
(g)
Signage. Signs shall be limited to address, legal name or any registered
alternate and emergency contact information. Signs shall not promote
consumption of cannabis. Signs shall comply with applicable State
of New Jersey law and Borough of Bloomingdale ordinances.
(h)
Window displays. A window covering and display plan shall be submitted
outlining general types and content of any window displays to be utilized.
(i)
State and local licenses. Cannabis wholesalers shall hold valid licenses
to operate issued by the State of New Jersey and the Borough of Bloomingdale.
Said licenses shall be conspicuously posted on the premises under
glass or equivalent protective surface.
(j)
On-premises products. Only cannabis and cannabis related items shall
be offered for sale. The cannabis wholesaler shall acquire for resale
each month no more than 1,000 pounds of usable cannabis in dried form
or the equivalent amount in any other form of manufactured cannabis
product or cannabis resin, or any combination thereof.
(k)
Cannabis product waste disposal. A cannabis product waste disposal
plan shall be submitted detailing measures to eliminate access to
cannabis product.
(l)
Authorized representative contact. A plan shall be submitted detailing
measures to facilitate quick resolution to issues or concerns and
identifying the individual who the community and the Borough of Bloomingdale
can contact to report said issues or concerns. The method of community
contact shall be clearly identified. The Borough of Bloomingdale Police
Department and the Borough Administrator at all times shall be provided
with up-to-date contact information to include direct telephone, cell
phone and email. The authorized representative or designee shall be
available 24 hours daily to serve as the primary person of contact
and shall have full authority to make decisions on behalf of the cannabis
wholesale establishment in the event of an emergency. Said authorized
representative or designee shall be responsible to respond to events
inclusive of criminal activity, public safety, emergency services,
adverse odor or suspected violation of applicable State of New Jersey
law or Borough of Bloomingdale ordinance.
(m)
All vehicles owned or leased by the cannabis wholesaler and used
in the wholesaling of cannabis or related products shall be stored
or parked in a lot that is enclosed by fencing with a gate that shall
at all times be locked, except for when vehicles are entering or leaving
the enclosed vehicle storage area. Employee and customer parking shall
be located in a separate area of the site.
