2973-26 Cannabis Ordinance Revised (5.12).pdf

2973-26 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 5, GENERAL LICENSING, ARTICLE VII CANNABIS LICENSES, SUBSECTION § 5-34.8(a) OPERATING REQUIREMENTS AND PROHIBITIONS (PERMITTED OPERATING HOURS FOR LICENSED CANNABIS ENTITIES) OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE WHEREAS, the Governing Body of the Township of West Orange recognizes that residents want the ability to purchase cannabis until 10:00 pm, Monday through Sunday; and WHEREAS, pursuant to N.J.S.A. 40:48-1, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this State or Federal Government, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, it is proper for the good of government and order to have the Township’s hours of operations for cannabis sales reflect the already existing regulations for hours of operations for alcohol sales. BE IT ORDAINED, by the Township Council of the Township of West Orange, in the County of Essex, State of New Jersey, as follows: Section 1. Subsection 5-34.8(a) Operating Requirements and Prohibitions (Cannabis Licenses) of the Revised General Ordinances of the Township of West Orange is hereby supplemented and amended as follows: : (strikethrough denotes deletion, bold type denotes addition): a. A Licensed Cannabis Entity may only operate during the following hours: Monday through Sundays from 8:00 A.M.. through 10:00 P.M. 7:00 P.M.; Mondays, Tuesdays, and Wednesdays from 8:00 A.M. through 8:00 P.M.; and Thursdays, Fridays, and Saturdays from 8:00 A.M. through 9:00 P.M. A Licensed Cannabis Cultivator and a Licensed Cannabis Manufacturer shall not be subject to these hours of operations, except that incoming or outgoing deliveries of any kind shall only occur between the hours of 8:00 A.M. through 8:00 P.M. Section 2. If any provisions of this Ordinance or application thereof, under any circumstances, is held invalid, the invalidity shall not affect any of the provisions or applications of this Ordinance that can be given effect without the

Ordinance or application thereof, under any circumstances, is held invalid, the invalidity shall not affect any of the provisions or applications of this Ordinance that can be given effect without the valid provision(s) or application and to this end, the provisions of the Ordinance are severable. Section 3. All other Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed.

Section 4. This Ordinance shall take effect upon final passage and publication in accordance with law. NOTICE NOTICE IS HEREBY GIVEN, that the above Ordinance was introduced and passed on first reading at the regular meeting of the Township Council of the Township of West Orange, County of Essex, State of New Jersey held in the Municipal Building on the 27th day of May, 2026, and the same came up for final passage at the regular meeting of the Township Council held on the 9th day of June, 2026, at which time, after persons interested were given the opportunity to be heard concerning said Ordinance, the same was passed and will be in full force and effect in the Township of West Orange after approval by the Mayor or in accordance with law. Susan McCartney, Mayor Susan Scarpa, Council President Karen J. Carnevale, R.M.C. Municipal Clerk INTRODUCED: May 26, 2026 ADOPTED: June 9, 2026

2973-26 LEGISLATIVE HISTORY This Ordinance, which amends the Cannabis Licensing Regulations of the Township, amends the permitted hours of operations for Licensed Cannabis Entities, to permit Licensed Cannabis Entities to operate only between the hours of Monday through Sundays from 8:00 a.m. through 10:00 p.m. This action is in response to a request for operating hours to be extended in the evening, which would bring the Township’s Regulations into alignment with the regulations of other nearby suburban Essex County municipalities. This action also brings the Township’s Regulations into alignment with the Township’s regulations concerning hours of operations for licensed alcohol retailers. For the avoidance of any doubt, this action does not affect Licensed Cannabis Cultivators or Licensed Cannabis Manufacturers, who, in accordance with Subsection 5-34.8(a), are not subject to these hours of operations, except that incoming or outgoing deliveries of any kind to Licensed Cannabis Cultivators or Licensed Cannabis Manufacturers shall only occur between the hours of 8:00 A.M. through 8:00 P.M.