Cinnaminson Township
City Zoning Code
City Zoning Code
§ 525-145
Cannabis Establishment Conditional Use Overlay Zone.
[Added 7-19-2021 by Ord. No. 2021-7]
A. ACT CANNABIS CANNABIS CULTIVATOR CANNABIS DELIVERY SERVICE CANNABIS DISTRIBUTOR CANNABIS ESTABLISHMENT CANNABIS ESTABLISHMENT LICENSE(1) (2) (3) (4) (5) (6) CANNABIS MANUFACTURER CANNABIS RETAILER CANNABIS WHOLESALER
Definitions. For purposes of this section, the following definitions shall apply:
P.L. 2016, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."[1]
All parts of the plants 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 the Act for use in cannabis products as set forth in this Act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:61-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
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.
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.
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.
A state-licensed cannabis cultivator, manufacturer, wholesaler, distributor, retailer, or delivery service.
As defined by the Act:
Class 1: Cannabis cultivator license, for facilities involved in growing and cultivating cannabis.
Class 2: Cannabis manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items.
Class 3: Cannabis wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees.
Class 4: Cannabis 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 5: Cannabis retailer license for locations at which cannabis items and related supplies are sold to consumers.
Class 6: Cannabis 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.
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.
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.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
B.
Conditional use.
(1)
Cannabis establishment licenses Class 1, 2, 3, 4, and 6 shall be conditionally permitted uses within a Cannabis Establishment Overlay Zone in LI Light Industrial and IND Industrial Zoning Districts identified on the attached map and property list spreadsheet. In addition, cannabis establishment licenses Class 1 and 2 may include a cannabis establishment license Class 5 as an accessory use within the same building, but not to exceed 10% or 3,000 square feet, whichever is less, of the establishment's total building footprint.
C.
Business operation standards.
(1)
There shall be no on-site sales of alcohol or tobacco products and no on-site consumption of alcohol, tobacco, or cannabis by employees, visitors, and patrons.
(2)
Prohibition of any retail sales within 200 feet of residential uses, residential zones, houses of worship, schools, child-care businesses, and similar uses.
(3)
Cannabis establishment licenses Class 1, 2, 3, 4, and 6 may operate 24 hours a day; however, hours of retail sales shall be limited to 9:00 a.m. through 10:00 p.m.
(4)
In addition to those licenses and fees required by the state, the Township Committee shall issue cannabis licenses and fees in accordance with Chapter 334 and other applicable chapters of the Township Code.
(5)
Cannabis establishments shall not be protected by the Township's § 525-9 right to farm provisions.
(6)
Cannabis establishments shall not be eligible for property tax farmland assessment or state, county, or Township economic incentives, such as tax abatements, exemptions, or agreements, such as a payment in-lieu-of taxes (PILOT).
D.
Site development standards.
(1)
All cannabis establishment operations shall take place within a permanent building.
(2)
Cannabis establishments shall provide an air treatment system 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 within the same building as the licensed facility if the use only occupies a portion of a building.
(3)
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 limitations.
E.
Security requirements. Each cannabis establishment shall:
(1)
Install, operate, and maintain a safety and security alarm system, including panic buttons, in good working order 24 hours a day, seven days a week.
(2)
Provide and maintain effective controls and procedures to guard against theft, tampering, and diversion of cannabis including, when appropriate, systems to protect against electronic records tampering. If an establishment becomes aware of any sort of loss, it must immediately notify the Cinnaminson Township Police Department and all other law enforcement officials required by state regulation.
(3)
Install, operate, and maintain security cameras covering all interior and exterior parking and loading areas, points of entry, and interior spaces which are either open to the public or used for the storage or processing of cannabis products. Footage must be maintained for the duration required under state law. Establishments must provide the Cinnaminson Township Police Department with access to security footage immediately upon request by the Department,
(4)
Provide and maintain at least one security guard (or more if required by the state) during all times the facility is open to the public. At a minimum, the security guard shall be a state-certified Security Officer whose certification is in good standing.
(5)
Keep access from outside the premises to a minimum and ensure that access is well-lit and controlled and limit entry into cannabis inventory and storage areas to authorized personnel only.
(6)
Provide law enforcement and any residential and nonresidential neighbors within 100 feet of the establishment with the name and phone number of the establishment's security staff contact to notify in case of problems.
(7)
Prevent loitering of nonauthorized individuals to limit the risk of break-ins and thefts.
F.
Nuisances.
(1)
With respect to the legal operation of any cannabis establishment, the following is hereby declared to be an unlawful public nuisance:
(a)
Odors which are disturbing to people of reasonable sensitivity who may be residing near or present on nearby property, including areas open to the public.
(b)
Repeated dispatches to the property by law enforcement.
(c)
Disruption to and/or obstruction of the free passage of persons and/or vehicles in the immediate vicinity of the property.
(d)
Any other condition or act which may be deemed a violation of this chapter.
H.
Off-site signage.
(1)
No cannabis establishment shall place or cause to be placed any off-site advertising signage in a prohibited area within the Township of Cinnaminson, as defined by this section, which advertises the establishment and/or directs the public toward the establishment and/or promotes consumption of cannabis products.
(2)
No advertising signage shall be placed in a prohibited area within the Township of Cinnaminson, as defined by this section, advertising and/or directing patrons to any state-licensed cannabis establishment operation, and/or promoting consumption of cannabis products.
(3)
As used within this section, a "prohibited area" includes:
(a)
Any park, planned unit development, residential, or wildlife preserve zoning district delineated on the Township's Official Zoning Map.
(b)
Any area within 1,000 feet of a school, place of religious worship, park, day care, drug rehabilitation center, or similar facility, regardless of its zoning district delineated on the Township's Official Zoning Map.
(c)
Any area in which, under state and/or federal law, the sale of intoxicating beverages is prohibited based upon its proximity to a school, place of religious worship, park, day care, drug rehabilitation center, or similar facility.
I.
Cannabis consumption.
(1)
Public consumption of cannabis, including that prescribed by a licensed clinician in accordance with state regulation, is not permitted unless ingested at a state- and locally licensed consumption area. The consumption of cannabis items through smoking, vaping, or aerosolizing is prohibited in all places where tobacco smoking is prohibited under the New Jersey Smoke Free Air Act, and any indoor public place as that term is defined in N.J.S.A. 26:3D-57, such as bars, restaurants, and sport venues.
(2)
It shall be unlawful for any person 21 years of age or older to consume cannabis through other means, (i.e., edibles) in a public place, including any indoor public place as the term is defined in N.J.S.A. 26:3D-57.
J.
Violations and penalties; remedies.
(2)
Each day a cannabis establishment remains or continues to operate in violation of this chapter shall constitute a separate violation, subject to cumulative fines and penalties.
(3)
Any person or entity violating this chapter shall be subject to the maximum fines and penalties as provided by N.J.S.A. 40:49-5 and any subsequent amendments to that statute.