Pot The Atlantic Highlands Mayor and Council introduced a cannabis ordinance at its meeting the other night, cutting back by one the four cannabis businesses they originally planned to allow.
Public hearing on the ordinance, which will be posted in full at Borough Hall, on the borough website and in a local newspaper, is set for the June 2 meeting of the governing body, at 7 p.m… at Borough Hall.
The introduction of the proposed law was approved by all council members except Councilman Jon Crowley, who abstained.
Under terms of the proposed ordinance, two Class 5 licenses and one Class 2 license would be permitted in specific areas.
Class 2 is the Cannabis Manufacturer, the licensed person or entity that processes cannabis items or obtains it through manufacture, preparation and packaging, and sells it to other cannabis manufacturers, wholesalers or retailers, but not to consumers. One of these businesses would be allowed under the proposed code.
A Class 5 license is a Cannabis retailer, any licensed person who obtains cannabis from manufacturers, wholesalers or cultivators and sells it from retail store, Two of these licenses would be permitted in Atlantic Highlands.
The licenses would only be approved for specific areas and hours, and no cannabis consumption areas would be permitted at any of the three licensed premises.
The manufacturer would only be permitted in the light industrial or historic business zones and the two retail facilities could be in the commercial business district, light industrial, historic business or OR zones. None would be permitted within the First Avenue corridor which means all properties that front on First Avenue.
No retail business could be located within 500 feet of a K-12 school on either side of the street, a change from the 1,000 feet distance in the original ordinance under discussion last month
Hours of any of the businesses are limited to 9 a.m. to 10 p.m. Mondays through Saturdays and 11 a.m. to 7 p.m. on Sundays.
The Borough Cannabis Committee will be established and would include a designee of the Police Chief, a designee of the borough administrator and three other public members to be appointed by the mayor with the consent of Council, It would be the obligation of the committee to evaluate applications for licenses, enforce compliance with state and local laws, reserve neighborhood character and minimize any potential for negative impact on the community or the environment. The Borough clerk would issue the local license after the applicant has issued the requisite permits, and the business is in compliance with all regulations of the state Cannabis Regulatory Commission.
The code includes mandates for on-site operations, including no one under the age of 21 shall be allowed in any facility, purchases are restricted to persons 21 years or age and older and on-site sales of alcohol or tobacco products are prohibited, along with consumption of either. Food consumption is also prohibited on licensed premises.
Licensees must also provide buffering to meet borough codes should they abut residential property, and all cannabis operations must submit an Odor Mitigation Plan before they can receive a zoning permit or planning board approval. Buildings must be equipped with an air treatment system meeting standards for odor absorbing ventilation and exhaust systems to ensure generated odors within the facility are not detectable with reasonable sensitivity at the property line of the businesses. Odor complaints would be directed to the state DEP’s environmental hotline for investigation and compliance with the Air Pollution Control Act.
Licensed facilities are also required to have security cameras throughout the premises, including parking and loading areas, all points of entry and interior spaces open to the public and each establishment must provide at least one privately licensed security guard during operation hours.
Floor plans, lighting plans, other security plans, and all safety plans are to be approved by law and penalties are set in the code for any violations ranging from a fine of $500 for a first offense to $2,000 for any subsequent offense or 90 days imprisonment or community service.
Three representatives of the Canna Bar, a cannabis dispensary at 58 Main St., Matawan, were present at the meeting and during the public portion, highlighted benefits of a dispensary in the town and offered heir resources and assistance should Council want it. They noted the borough has a lot to gain and there are great benefits to having a cannabis business in the borough.
Local resident Paul Barbato drew applause from those at the meeting when he questioned why anyone would frequent a local business for cannabis when the borough is only 25 miles from New York where it is easily available or could be delivered.
