personnel on site at all times during operating hours.

(9) Hours. No cannabis retailer may open to customers for business before 10:00 a.m. 8:00 a.m. or remain open to customers for business after 10:00 p.m. Monday through Friday, Saturday 10:00 a.m. 8:00 a.m. to 10:00 p.m. and Sunday from 12:00 noon to 6:00 p.m.

Whereas, Chapter 133 of the Borough Code shall be amended whereby the exiting code shall be eliminated and the following code shall replace the existing code.

§ 133-1. License Required.

It shall be unlawful for any person or anybody corporate to conduct a retail food establishment, as defined in and regulated by N.J.A.C. 8:24 (Sanitation in Retail Food Establishments and Food and Beverage Vending Machines) and this chapter, within the Borough of Somerville without first having procured a license from the Department of Health and without complying with all provisions governing the operation and maintenance of retail food establishments as set forth in N.J.A.C. 8:24, this chapter, and any applicable regulations of the Department of Health.

§ 133-1A. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

Department of Health — The Somerset County Department of Health, which serves as the health authority of the Borough of Somerville pursuant to an Interlocal Services Agreement between the Borough of Somerville and the County of Somerset entered into under authority of N.J.S.A. 40:8A-1 et seq. All references in this chapter to the “Borough Department of Health” shall be construed as references to the Somerset County Department of Health acting in its capacity as the Borough’s duly authorized local health agency. If at anytime the Borough terminates its relationship with the County Department of Health said authority shall be defined by resolution.

Retail Food Establishment — An indoor location within the Borough of Somerville that holds a valid certificate of occupancy or temporary certificate of occupancy issued by the Borough Construction Official, at which food or drink is commercially prepared, processed, handled, displayed, or sold to consumers. The term does not include outdoor areas, sidewalks, patios, parking lots, or any other exterior space, except as expressly permitted under § 133-1B of this chapter.