[Added 9-14-2022 by Ord. No. 17-2022[1]]
[1]
Editor's Note: This ordinance superseded former Art. XLV,
Cannabis, Cannabis Products and Cannabis-Related Businesses, added 5-26-2021 by Ord. No. 11-2021.
The purpose and intent of this article is to provide appropriate
types of facilities in appropriate locations within the Township while
promoting economic growth that will preserve and maintain the health,
safety and welfare of the Township and its residents.
As used in this article, the following terms shall have the
meanings indicated:
All parts of the plant Cannabis sativa and Cannabis indica,
whether growing or not, the seeds thereof, and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant or its seeds,
except those containing resin extracted from the plant, which are
cultivated and, when applicable, manufactured in accordance with P.L.
2021, c. 16 (N.J.S.A. 24:6I-31 et seq.) for use in cannabis products,
but shall not include the weight of any other ingredient combined
with cannabis to prepare topical or oral administrations, food, drink,
or other product.
Any person or entity that holds any of the six classes of
licenses established under P.L. 2021, c. 16, the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act. (CREAMMA).[1]
Any licensed person or entity that grows, cultivates, or
produces cannabis, 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 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 establishment 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
license.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
An establishment with one or many of the licenses to operate
as defined by the CREAMMA Act:[2]
CLASS 1Cannabis Cultivator license, for facilities involved in growing and cultivating cannabis;
CLASS 2Cannabis Manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;
CLASS 3Cannabis Wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;
CLASS 4Cannabis Distributor license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;
CLASS 5Cannabis Retailer license for locations at which cannabis items and related supplies are sold to consumers; and
CLASS 6Cannabis Delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.
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 other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 Cannabis Manufacturer license.
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis product" does not include: 1) usable cannabis by itself;
or 2) cannabis extract by itself; or 3) any other cannabis resin by
itself.
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 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 Retailer 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.
New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act.[3]
A.
All cannabis establishments under Class 1, Class 2, and Class 4 licenses
involved in growing and cultivating cannabis, manufacturing, preparation,
and packaging of cannabis items, and transporting of cannabis plants
in bulk from one licensed cultivator to another licensed cultivator,
or cannabis items in bulk from any type of licensed cannabis business
to another shall be prohibited to operate within the Township.
B.
Delivery of cannabis (Class 6) items and related supplies by delivery
service within the jurisdiction of the Township are specifically exempted
from this prohibition.
Cannabis establishments licensed under Class 3 and Class 5 shall
be conditionally permitted in the following districts:
A.
Cannabis establishments involved in obtaining and selling cannabis
items for later resale by other licensees licensed under Class 3 shall
be a conditional use in CI Commercial Industrial and PI Planned Industrial
Districts. No more than three cannabis wholesale facilities licensed
under Class 3 shall be permitted. An additional three Class 3 licenses
shall be permitted within the Washington Square Redevelopment Area
and Delsea Drive Redevelopment Area in the Township.
B.
Cannabis establishments involved in selling cannabis items and related
supplies to consumers licensed under Class 5 shall be a conditional
use in HC Highway Commercial, NC Neighborhood Commercial, and SC Shopping
Center districts. No more than three cannabis retail facilities licensed
under Class 5 is permitted within the Township.
A.
All cannabis establishments located within the Township shall meet
all requirements for licensure and hold the appropriate license issued
by the Cannabis Regulatory Commission, Department of Treasury, State
of New Jersey.
B.
All cannabis establishment operations shall be conducted within a
permanent building. No operations shall be conducted outside.
C.
Smoking, vaping, or aerosolizing any cannabis item in a public place
is prohibited, including but not limited to any public street, sidewalk,
pedestrian plaza, parks, and any public place.
D.
No outside storage of any cannabis, cannabis products or cannabis-related
materials shall be permitted.
E.
Hours of operation for cannabis wholesale facilities (Class 3) shall
be limited to 7:00 a.m. through 8:00 p.m. daily.
F.
Hours of operation of any cannabis retail facility (Class 5) shall
be limited from 10:00 a.m. through 10:00 p.m. daily.
G.
Drive-through facilities are prohibited.
H.
For each cannabis establishment located within the Township, a security
plan to be approved by the Washington Township Police Department shall
be provided to demonstrate how the facility will maintain effective
security and control of the operations. The plan should include the
following, but not limited to:
(1)
A map of all points of public entry and a description of all
security measures, such as locks, alarms, access keypads, security
cameras, or foot patrols, to restrict access by unauthorized persons;
(2)
Type of security and alarm systems to be installed, which shall
be in good working order 24 hours a day, seven days a week;
(3)
Installation, operation, and maintenance of security cameras
covering all interior and exterior parking lots, loading areas, points
of entry, and interior space of the establishment;
(4)
Tracking and recordkeeping of products and materials;
(5)
Type of lighting provided in and around the establishment;
(6)
Location of on-site security team and armed guard on-premises;
and
(7)
Procedures for maintaining records of regular audits to ensure
that the security plan is current and that procedures are being followed.
I.
All licensed facilities must provide the Washington Township Police
Department with access to security footage immediately upon request
by the Department.
J.
Provide law enforcement with the name and phone number of the establishment's
security staff contact to notify in case of problems.
K.
All cannabis establishments shall provide detailed information on
odor control from these sites, including air treatment systems with
sufficient odor-absorbing ventilation and exhaust systems such that
any odors generated inside the facility are not detectable by a person
of reasonable sensitivity anywhere on adjacent property, within public
rights-of-way, or within any other unit located in the same building
if the use occupies a portion of a building. The air treatment system
shall be inspected annually to ensure compliance with the requirements
of this subsection. A copy of the inspection report shall be filed
with the Township.
L.
All cannabis establishments shall provide for noise mitigation features
designed to minimize disturbance from machinery, processing and/or
packaging operations, loading and other noise-generating equipment
or machinery. All licensed facilities must operate within applicable
state decibel requirements.
M.
Loitering, disruption to and/or obstruction of the free passage of
persons or vehicles in the immediate vicinity of the property shall
be considered unlawful.
A.
Cannabis establishments shall only be permitted on properties with
frontage on either a state or county roadway.
B.
Except as otherwise specified in this article, all licensed cannabis
establishments shall comply with the area and bulk requirements and
design standards established within the zone and Township ordinances.
C.
No cannabis establishments shall be located within 1,000 feet from
schools, day cares, child-care centers, public parks, and similar
uses as measured from property lines.
D.
No cannabis establishments shall be located within 1,000 feet from
any behavioral care facilities or residential medical detoxification
centers, as measured from property lines.
E.
No cannabis establishments shall be located within 5,000 feet from
another cannabis establishment, as measured from property lines.
F.
Cannabis retailers licensed under Class 5 shall only have one primary
public access point and shall be directly adjacent to the right-of-way
or parking area of the building. Access should not be through common
entrances with other uses.
G.
Consumption areas. On-site consumption shall be prohibited.
I.
Signage. Signage shall comply with Article XXXVI of the Zoning Ordinance and with the following requirements:
(1)
No sign shall contain any visual representation or cannabis
or associated paraphernalia.
(2)
No cannabis establishment shall display on the exterior of its
facility or building any advertisements for marijuana, marijuana paraphernalia
or a brand name except for the purposes of identifying the building
by the permitted name.
(3)
Licensed cannabis retailers must post visible signage within
the retail establishment about age requirements and the prohibition
of using cannabis on public streets, sidewalks, and parks.
A.
No person under the legal age of 21 shall be allowed in any building
where cannabis is sold.
B.
No person under the legal age of 21 shall purchase, attempt to purchase,
or have another purchase for that person any cannabis on any premises
licensed for the sale of cannabis.
C.
Purchase of cannabis for a person under the legal age. No person
shall purchase, attempt to purchase, or transfer cannabis to a person
under the legal age of 21. It shall be unlawful for any person to
induce or attempt to induce any licensee or any employee of a licensee
to sell, serve or deliver cannabis to a person under the legal age
of 21.
Cannabis products will be subject to the state sales tax and,
as authorized by the Legislature, a local cannabis tax of 2% for cannabis
retailer and 1% for cannabis wholesalers. The tax percentage is based
on the receipts for each sale and will be paid directly to the municipality
in the manner prescribed by the municipality. Any delinquencies are
treated the same as delinquent property taxes. The local tax does
not apply to delivery services to consumers or transfers for the purpose
of bulk transportation.
A.
Any license issued under this chapter may be suspended or revoked for a violation of any of the provisions of this article, the provisions of Chapter 133, Licensing, or any provision of the applicable statute or any of the rules or regulations of the State of New Jersey.
B.
Proceedings for the suspension or revocation shall be in accordance with the provisions of Chapter 133, Licensing, or any provision of the applicable statute or any of the rules or regulations of the State of New Jersey by a service of the notice of charges preferred against the licensee and affording a reasonable opportunity for a hearing. Any suspension or revocation shall carry the penalties and prohibitions provided in the ordinances and statutes are referred to herein.
C.
Suspension or revocation of a license shall be in addition to any
other penalty which may be imposed for a violation of this article.
