The regulations of this section are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities. If any provision of this section is inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes and/or regulations shall prevail.

Prior to the operation of any cannabis business, a permit or license must be obtained from the State of New Jersey and from the Borough of Matawan for the applicable type(s) of cannabis business. No cannabis business shall be permitted to operate without state and Borough permits or licenses.

Permitted uses shall, at all times, comply with the terms and conditions of the licensee’s cannabis business license for permits or licenses issued by the State of New Jersey and the Borough.

No cannabis business shall be allowed as a home profession as defined in Borough Code of Matawan in any of the Zoning Districts of the Borough.

No cannabis business shall be housed in a vehicle or any movable or mobile structure.

Cannabis businesses shall have equipment to mitigate odor. The cannabis business shall be equipped with a ventilation system with carbon filters sufficient in type and capacity to mitigate cannabis odors emanating from the interior of the premises.

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.

All cannabis businesses 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 have trained security personnel on site at all times during operating hours.

All cannabis businesses shall provide the Matawan Police Department with access to security footage immediately upon request by the Borough

Cannabis business signage shall not contain text and/or image intended to promote excessive consumption of legal cannabis products. The signage shall not have the words “Weed” or “Marijuana,” or depict marijuana or cannabis plants, or contain graphics indicating such images or wording.

The applicant shall submit a written report setting forth the full particulars of the proposed use, including hours of operation, anticipated customer volume, parking facilities necessary to service such customer volume and measures to be taken to avoid nuisance effects upon adjacent and nearby residential areas.

Cannabis businesses shall be prohibited in any area in which, under state or federal law, any cannabis business would be prohibited from operating based upon its proximity to a school, park, housing authority property, public or private youth center, or swimming pool.

Cannabis retailers shall not sell alcohol or tobacco within the facility.

Cannabis retailers may not be located within any other businesses and may only be located in buildings with other uses only if the cannabis business is separated by full walls and with a separate entrance. No more than one cannabis business shall be located on a single parcel.

Cannabis plants, products, and paraphernalia shall not be visible from outside the building in which the cannabis retailer is located.

No cannabis retailer may open to customers for business before 8:00 a.m. or remain open to customers for business after 10:00 p.m.

Cannabis retailers must provide a detailed security plan and receive approval of such plan from the Matawan Police Department.

Otherwise compliant signage shall be permitted as specified for the zone in which the cannabis retailer is proposed or operating.

No retailer shall display signage containing texts/or image intended to promote excessive consumption of legal marijuana products.

Retailers must provide details on delivery services for approval from the Department of Planning and Zoning.

Class 5 and Class 6 businesses shall provide a buffer of 1,000 feet from school zone and playgrounds; and maintain a 100-foot buffer from public or private youth centers and swimming pool.