Stockton council adopts ordinance permitting, tightly regulating one cannabis retailer in CR zone

The Stockton Borough Council on Dec. 16 adopted Ordinance 2024‑12 to permit and regulate Class 5 cannabis retailers as a conditional use in the borough’s Commercial Residential (CR) zone.

Borough Attorney Lisa Maddox told the council the borough’s 2021 opt‑out ordinance was procedurally defective and therefore void, leaving cannabis retail permitted as a conditional use in relevant commercial zones. "The failure to publish notice of an ordinance as required by statute is fatal to the validity of that ordinance," Maddox said, explaining why new local regulations were needed to protect borough interests.

The ordinance, approved on a 6–0 roll‑call vote (Brown, Fisher, Folz, Hunt, Kozuhowski, Mann), creates local licensing and land‑use controls. Key provisions include a municipal cap of up to one Class 5 municipal license; a 200‑foot minimum buffer from schools, municipal parks, playgrounds, licensed child‑care centers and places of worship (with the Planning Board able to require larger buffers); a minimum landscaped buffer of at least 20 feet where the retailer borders residential properties; and hours of operation limited to 9 a.m.–7 p.m. Monday–Saturday and 12 p.m.–5 p.m. Sunday. The ordinance also bans drive‑throughs and on‑site consumption.

Security and operations requirements specify around‑the‑clock burglar alarms and video surveillance (minimum 60‑day retention), licensed security personnel on site during operating hours, secure interior storage for inventory, a single public entrance directly from a right‑of‑way or parking area, and plans for interior capacity and queuing so patrons do not congregate outside. The ordinance requires coordination with the law‑enforcement agency providing services to the borough and gives police access to surveillance on reasonable request.

Local fees and taxes are established: a nonrefundable application fee of $5,000 and an annual municipal registration (license) fee of $10,000 (indexed after the first year). The ordinance also authorizes a 2% local transfer tax on sales between cannabis establishments and on retail sales, and a 2% user tax for concurrent license holders moving product between locations.

Supporters and concerns. Hugh Giordano, who identified himself as a union representative of the United Food and Commercial Workers, urged council support, saying the jobs could benefit borough residents. Eileen Foley, a resident who spoke during the hearing, thanked Maddox for the legal explanation and urged stronger protections for historic sites and parks (she urged inclusion of Prallsville Mill and nearby DNR canal properties). Planner Slagle and other participants discussed how site‑plan and point‑of‑sale controls would be handled by the Planning Board.

What happens next. The ordinance requires referral to the Stockton Borough Planning Board (as noted in the text) and becomes effective 20 days after adoption and upon filing with the Hunterdon County Planning Board as required by state law. Within 90 days of the ordinance’s effective date, the borough must issue a request for applications for any available municipal license; the council’s licensing process includes an evaluation committee, scoring criteria and a final council decision on local support and municipal licensure. The ordinance also states that if the borough does not adopt rules, retail cannabis would remain a conditional use under state law until 2026.

The council recorded no amendments at adoption; the ordinance text in the meeting record contains full procedural, operational and enforcement details for local implementation.