Keyport City Zoning Code
§ 25-1-15.20
Cannabis Businesses.
[Added 11-9-2021 by Ord. No. 15-21; amended 10-17-2023 by Ord. No. 15-23]
a.
Definitions. The terms and definitions as delineated in N.J.S.A. 24:6I-33 are incorporated herein.
b.
State Licensed Cannabis Businesses Are Permitted.
1.
Any class of cannabis business duly licensed by the State of New Jersey to conduct legal adult use cannabis operations, as defined by State law, may operate within the noted zones so long as: i) the entity maintains its State license in good standing; ii) the entity maintains its Keyport Cannabis Business License in good standing; and iii) the entity otherwise remains in full compliance with the laws and regulations established by the State of New Jersey and the applicable Agency, Authority, and/or Department governing the licensed activity, as may be amended.
2.
No Business License to operate within the Borough of Keyport shall be granted or renewed without such evidence as may be required by the Borough Clerk's Office to determine that the entity maintains all valid State and/or Departmental licenses and approvals, and that all such licenses and/or approvals remain in good standing at the time of registration.
c.
Zoning Districts Where Cannabis Businesses Are Permitted.
1.
Cannabis Retailers and Cannabis Delivery Services are permitted in the following areas, subject to all applicable provisions set forth herein, state law, and all other applicable codes and regulations, including, but not limited to, the Building Code in compliance with the area and bulk standards in the underlying zones and districts:
2.
Cannabis Cultivators, Cannabis Distributors, Cannabis Manufacturers, and Cannabis Wholesalers are only permitted in the Industrial District (I) in accordance with all applicable provisions set forth herein, state law, and all other applicable codes and regulations, including, but not limited to, the Building Code in compliance with the area and bulk standards in the Industrial District.
3.
Curbside retail sales of Cannabis are not permitted in the General Commercial Districts.
d.
Site Standards for Cannabis Businesses.
1.
There shall be no on-site sales of alcohol or tobacco products, and no on-site consumption of food, alcohol, tobacco, or cannabis by patrons at any cannabis business.
2.
Entry onto the premises of a cannabis business by a person who is under the age of 21 is prohibited, unless the individual is accompanied by and supervised by a parent or legal guardian or is otherwise permitted by law. All cannabis businesses shall be subject to health and safety review, inspection and enforcement, including annual reviews and inspections, by State, County and/or Borough employees and/or representatives.
3.
Hours of public operation shall be limited to 8:00 a.m. through 10:00 p.m. daily. No licensed Cannabis Retailer, Cultivator, Distributor, Manufacturer, or Wholesaler shall be open to the public between the hours of 10:01 p.m. and 7:59 a.m. on any day. The hours of public operation of Cannabis Delivery Services shall be as regulated by the Cannabis Regulatory Commission.
4.
For any licensed cultivation, processing, or similar operation, the facility 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.
5.
For any licensed cultivation, processing, manufacturing, or similar operation, the facility 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.
6.
To the extent not already required by the entity's State license, all sites must be equipped with security cameras covering all 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.
7.
All licensed cannabis facilities must provide the Keyport Police Department with access to security footage immediately upon request by the Department. All contact information for security personnel shall be provided to the Keyport Police Department for emergency contact purposes.
8.
To the extent not already required by the entity's State license, all licensed facilities must provide 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.
9.
For any licensed cultivation operation, the facility must mitigate lighting spillover into any residential neighborhoods, and must comply with all applicable State lighting limitations.
10.
No Cannabis Business shall be located within the following distances, measured door-to-door, from the specified land uses listed below:
(a)
Two hundred fifty feet of a licensed child-care facility or residential child-care facility;
(b)
Two hundred fifty feet of any elementary school, middle school, high school, college or university either public or private;
(c)
One hundred fifty feet of any church, synagogue, temple, or other place used exclusively for religious worship.
(d)
No retailers will be allowed withing 1,000 feet of another retailer within the same zone or abutting zones.
11.
No licensed Cannabis Retailer shall be located in or upon any premises in which a grocery store, delicatessen, indoor food market, or other store engaging in retail sales of food operates, or in or upon any premises in which a store that engages in licensed retail sales of alcoholic beverages operates.
12.
Cannabis waste shall be stored, secured, and managed in accordance with applicable State laws.
13.
Display of Cannabis and Related Paraphernalia: Cannabis plants, products, and paraphernalia shall be screened from view from any exterior windows.
14.
All Cannabis Businesses shall conduct operations indoors. No Cannabis Cultivators shall be permitted to operate outdoors, e.g., grow canopies.
15.
Cannabis consumption areas shall not be permitted in the Borough.
16.
Transfer of a license or change of location or modification must be subject to the approval of the Borough and/or the Planning Board.
17.
All land use approvals shall be obtained from the Keyport Unified Planning Board by an applicant demonstrating compliance with the site standards set forth herein, as well as any other applicable zoning regulations, prior to submitting an application for a Cannabis Business License.
e.
On-Site Signage.
1.
No State licensed cannabis business shall display signage containing text and/or images intended to promote excessive consumption of cannabis products.
2.
Signage shall otherwise comply with the requirements of § 25-1-17 (Signs) of the Keyport Land Use Regulations to the extent permissible by applicable State laws and regulations governing signage standards for licensed cannabis businesses.
3.
No State licensed cannabis business shall place or cause to be placed any off-site advertising signage.
f.
Penalties. Any person violating any provision of this section shall, upon conviction be subject to the penalties stated in Chapter 1, § 1-5, General Penalty, except that the minimum penalty shall not be less than $500 for a first offense, $1,000 for a second offense, and $1,500 for a third offense. Continued violations may be ground for revocation of a municipal license(s) or suspension.