This chapter is enacted in accordance with the provisions of
the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act (the "Act" or "CREAMMA"), N.J.S.A. 24:61-32 et seq.,
and the regulations promulgated by the Cannabis Regulatory Commission
("CRC"). The purpose of this chapter is to regulate the establishment
and operation of cannabis businesses in the Borough of Metuchen ("Borough")
and to specify the conditions and limitations applicable thereto.
For the purpose of this chapter and all other applicable chapters
of this Code, words and phrases herein shall have the meanings set
forth in CREAMMA.[1]
[1]
Editor's Note: New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act, N.J.S.A. 24-6I-31 et
seq.
All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the Act, rules and regulations referred to in § 72-1 above, and all other applicable laws of the State of New Jersey. The regulations set forth herein are subject to the enabling authority of the State of New Jersey, by and through the Cannabis Regulatory Commission, and are subject to compliance with all statutes and/or regulations promulgated and adopted by the State of New Jersey or its instrumentalities. If any provision of this chapter is inconsistent with the statutes and/or regulations of the State of New Jersey, the State statutes and/or regulations shall prevail.
No cannabis facility may lawfully operate in the Borough without
the issuance of a State permit or license and full regulatory oversight
of the cannabis business by the Cannabis Regulatory Commission or
other state licensing authority as well as the oversight and issuance
of a license by the Borough in accordance with the provisions of this
chapter.
A.
Only the following marketplace classes of cannabis facilities shall
be conditionally allowed to operate in the Borough, subject to the
limitations and requirements set forth herein and elsewhere in this
Code and all other classes shall be prohibited:
B.
Only a Borough conditional license issued pursuant to this chapter
shall constitute "written municipal approval" pursuant to CREAMMA,
N.J.S.A. 24:6I-36(b)(1)(c)(i) and 24:6I-45(c). Other written statements,
letters, resolutions, or other documents issued by the Borough or
any official, employee, or other representative shall not constitute
annual or renewed "written municipal approval" for purposes of the
CRC.
C.
Cannabis wholesale and retail services ("facility") shall be permitted,
pursuant to this chapter, only if in addition to all applicable land
use regulations, the following requirements are met:
(1)
Land development regulations: The facility shall obtain all approvals required pursuant to the Borough's land development regulations set forth in Chapter 110 of this Code, which approval(s) shall be evidenced by the issuance of conditional use approval by the Planning Board or, where applicable, use variance approval by the Zoning Board of Adjustment.
(2)
Hours of operation: The operating hours of the licensed facility
shall be between 9:00 a.m. and 10:00 p.m. daily. It shall be unlawful
for any person to sell or dispense cannabis or cannabis products or
for the operation of any licensed facility at any time other than
between these hours.
(3)
The licensed facility shall be accessible directly from a right-of-way
through a separate entrance independent from any other retail ingress.
(4)
Queuing. Queuing of customers outside a cannabis facility is prohibited.
The cannabis establishment shall have a sufficient waiting area inside
the facility to accommodate customers, or shall provide a reservation
service, phone/text notification service or other alternatives to
waiting on the exterior of the premises and/or the public right-of-way.
Loitering is prohibited and shall be managed by the facility.
(5)
Location. No cannabis establishment shall be permitted within 200
feet of a Kindergarten through 12th grade school.
(6)
No cannabis product or paraphernailia shall be visible from a public
sidewalk, public street or right-of-way or any other public place.
(7)
All cannabis products and paraphernailia shall be stored securely
indoors and onsite.
(8)
Consumption of cannabis products, by any means of ingestion, or smoking,
shall not be permitted in the licensed facility or adjacent grounds.
(9)
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.
(10)
Odor. All cannabis facilities shall have equipment to mitigate cannabis-
related odor. The building/premises shall be equipped with a ventilation
system sufficient in type and capacity to eliminate cannabis odors
emanating from the interior of the premises. The ventilation system
must be approved by the Construction Code Official and/or appropriate
inspector and may be subject to periodic inspection.
(11)
All cannabis facilities shall be secured in accordance with State
of New Jersey statutes and regulations. All cannabis facilities shall
be secured and shall have full-time security protocols. Security protocols
shall be submitted to the Metuchen Police Department for compliance
review with all safety and security standards established by the State
of New Jersey for cannabis establishments. The Metuchen Police Department
may, at its discretion and upon review of the proposed location, recommend
or require additional safety and security measures. At a minimum,
the following shall be required: (a) A video recording security system
shall be employed covering all areas of the cannabis facility and
the adjacent exterior of the building/premises with an around the
clock 365 days per year, 24/7 recording system that records for a
minimum thirty-day archive; (b) Trained security personnel shall be
on-site at all times during operating hours; (c) The Metuchen Police
Department and Zoning Officer shall be provided the name and twenty-four-hour
phone number of the responsible staff person to notify during suspicious
activity or emergency; (d) Outside areas of the premises shall be
well illuminated for safety and security, but not in a way that is
counter to Code requirements for outdoor lighting and screening or
obtrusive to pedestrians, drivers or other users of the public right-of-way;
(e) The premises and right-of-way adjacent to the cannabis facilities
shall be monitored by staff of the cannabis establishment and kept
free of loitering, litter and other debris, and the sidewalks shall
be swept and cleaned on a regular basis; and (f) To the maximum extent
possible, wholesale cannabis facilities shall have security fencing
and gates around the perimeter of the premises.
(12)
Signage design shall comply with the regulations of the State and the Borough's sign regulations contained in Chapter 110 of the Code.
(13)
No cannabis facility shall be housed in a vehicle or any movable
or mobile structure.
(14)
Comply with all rules and regulations adopted by the New Jersey Cannabis
Regulatory Commission.
