This Part 1 is enacted in accordance with the provisions of
the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act ("CREAMMA"), N.J.S.A. 24:6I-32 et seq., the provisions
of The Jake Honig Compassionate Use Medical Cannabis Act ("CUMCA"),
P.L. 2009, c. 307 (approved January 18, 2010), amended by P.L. 2019,
c. 153 (approved July 2, 2019), N.J.S.A. 24:6I-1 et seq., and the
regulations promulgated by the Cannabis Regulatory Commission ("CRC").
The purpose of this Part 1 is to regulate the establishment and operation
of cannabis businesses in the Borough of Highland Park ("Borough")
and to specify the conditions and limitations applicable thereto.
For the purpose of this Part 1 and all other applicable chapters of this Code, words and phrases herein shall have the meanings set forth in CREAMMA.
All applications for licenses, all licenses issued and all proceedings under this Part 1 shall be in accordance with the Act, rules and regulations referred to in § 136-1 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 Part 1 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 oversight and issuance
of a license by the Borough in accordance with the provisions of this
Part 1.
A.
Only the following marketplace classes of cannabis facilities shall
be 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 an approval from the Borough Council in accordance with Article II, § 136-7B below 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 retailers and delivery services ("facility") shall be permitted,
pursuant to this Part 1, 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 230 of this Code, which approval(s) shall be evidenced by the issuance of a zoning permit.
(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 in
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)
No cannabis product shall be visible from a public sidewalk, public
street or right-of-way or any other public place.
(5)
All cannabis products shall be stored securely indoors and on site.
(6)
Consumption of cannabis products, by any means of ingestion, shall
not be permitted in the licensed facility or adjacent grounds unless
within an approved cannabis consumption area. Each retailer may only
operate one cannabis consumption area. The cannabis consumption area
shall be either (a) an indoor, structurally enclosed area of the licensed
cannabis retailer's premises that is separate from the area in
which retail sales of cannabis items occur or (b) an exterior structure
on the same premises as the retailer, either separate from or connected
to the retailer and likewise wholly enclosed. There shall be no outdoor
cannabis consumption area. The cannabis consumption area shall be
equipped to mitigate and contain odors from cannabis products and
in compliance with all rules and regulations adopted by the CRC.
(7)
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.
(8)
All cannabis facilities shall be secured in accordance with State
of New Jersey statutes and regulations; shall have a round-the-clock
video surveillance system, 365 days a year; and shall be secured in
accordance with applicable state law and regulation.
(10)
With respect to standalone cannabis delivery services, cannabis
items shall not be stored or housed at the office or dispatch without
trained security personnel guarding the items. Cannabis items must
not be left unattended in vehicles. Signage design shall not include
artistic or photographic renderings of cannabis plants. Signage at
the cannabis delivery service shall communicate that the facility
is not open to the public. Signs and advertisements visible from the
public right-of-way are prohibited.
(11)
No cannabis facility shall be housed in a vehicle or any movable
or mobile structure.
(12)
Compliance with all rules and regulations adopted by the New
Jersey Cannabis Regulatory Commission.
