Keyport officials refund cannabis application fee to potential operator


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KEYPORT — Municipal officials in Keyport have issued a refund to a potential cannabis business owner after determining the business was proposed in a location where it would not have been permitted.

During a recent meeting, members of the Borough Council passed a resolution authorizing a refund to Kevin Nosti of Smoke on the Water, LLC for a class 5 cannabis retailer license.

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According to the resolution, Nosti submitted an application and paid the required fee, which is $5,000.

After the application was submitted, borough officials determined it proposed a cannabis business for a location that is not included in the areas where cannabis sales are permitted under Keyport’s cannabis ordinance, according to the resolution.

Nosti’s application, which was filed in March, stated that the business was proposed at 149 West Front Street.

According to the resolution, Nosti requested that the application remain on file while considering options to seek approval of the proposed location for cannabis sales.

On the advice of counsel, the Keyport Cannabis Subcommittee recommended the application fee be returned to Nosti.

Following the passage of A-21, a state bill that legalizes the recreational use (also known as adult use) of marijuana by certain adults, the council adopted an ordinance that established locations in Keyport where cannabis businesses will be permitted to operate and the standards by which the operators of cannabis businesses may receive a license.

According to the ordinance, A-21 established six marketplace classes of licensed marijuana businesses: cultivator, manufacturer, wholesaler, distributor, retailer and delivery.

Under the guidelines of Keyport’s ordinance, cannabis retailers and delivery services will be permitted to operate in the Highway Commercial zoning district, in the Industrial zoning district and on specific lots in the General Commercial zoning district.

Two cannabis retailers will not be permitted to operate in the same zoning district, according to the ordinance.

Delivery services have the same annual license fee as retailers, $5,000.

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