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HomeMy WebLinkAboutOrd 6494 12/10/2019 Ordinance Prohibiting Cannabis Business Establishments in VOMPORDINANCE NO. 6494 AN ORDINANCE PROHIBITING CANNABIS BUSINESS ESTABLISHMENTS IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect ("Village") is a home rule municipality as defined by Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety and welfare of its citizens; and WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Cannabis Regulation and Tax Act, Public Act 101-0027, which provides that the Village has the authority to prohibit cannabis business establishments; and WHEREAS, the Village has determined that the operation of cannabis business establishments would present adverse impacts upon the health, safety and welfare of the residents, and additional costs, burdens and impacts upon law enforcement and regulatory operations of the Village; and NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois as follows: SECTION 1. Recitals. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. SECTION 2. Cannabis Business Establishments Prohibited. Chapter 11 "Merchants, Businesses, Occupations, and Amusements" of the Mount Prospect Village Code shall be amended by the addition of Article XLI that will read as follows: ARTICLE XLI Cannabis Business Establishments Prohibited, 1. Definitions. The following words and phrases shall for the purposes of this Article have the meanings respectively ascribed to them by this section as follows; CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing organization, infuser organization, dispensing organization or trans ortin organization. CANNABIS CRAFT GROWER: Afacility operated by -an organization or business that is licensed by the Illinois Department of Agriculture to cultivate dcure and package cannabis and perform other necessary activities to make cannabis available for sale at a d,ispensing organization or use ata processing organization, per the Cannabis regulations promulgated thereunder, CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessa activities toprovide cannabis and cannabis -infused roducts to licensed cannabis business establishmentsper the Cannabis Regulation and Tax Act, P.A.101-0027 as it may be amended from time -to -time and regulations promulgated thereunder, CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to ac uire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis cannabis -infused products, cannabis seeds paraphernalia or related supplies to purchasers or to gualified registered medical cannabis patients and care iversper the Cannabis Regulation and Tax Act, P.A.101- 0027 as it may be amended from time -to -time and regulations promulgated thereunder. CANNABIS LOUNGE OR SOCIAL SPACE. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to ac uire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis cannabis -infused products, cannabis seeds paraphernalia or related supplies to purchasers or to qualffied registered medical cannabis patients and caregivers that may ermit the on -p remises consum tion of cannabis at or within the business in a manner consistent withthe Cannabis Regulation, and Tax Act P.A.101-0027 as it may be amended from time -to -time and regulations promulgated thereunder. CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated b an organization or business that is licensed by the Illinois De artment of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, P.A.101-0027 as it ma be amended from time -to -time and regulations promulgated thereunder. CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An or anization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community colle a licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act P.A.101-0027 as it may be amended from time -to- time and regulations promulgated thereunder. PERSON: Any person,firm corporation, association club society or other organization including any owner, manager, propHetor, employee, volunteer oragent, 2. Cannabis Business Establishments Prohibited. The following Cannabis Business Establishments are vrohibited in the Village of Mount Prospect. No person shall locate operate, own suffer, allow to be operated or aide abet or assist in the operation within the Village of Mount Prospectofany of the followin Cannabis Craft Grower Cannabis Cultivation Center Cannabis Dispensing Organization Cannabis Infuser Organization or Infuser Cannabis Lounge or Social Space Cannabis Processing Organization or Processor Cannabis Transporting Organization or Trans orter 3. Public Nuisance Declared. Operation of any prohibited Cannabis Business Establishment within the Village in violation of the provisions of this Article is hereby declared a plublic nuisance and shall be abated pursuant to all available remedies. 4. Violations. Violations of this Article may be enforced in accordance with the provisions of Chapter 23 of this Code. . Severability. If an rovision of this Ordinance or the,application of any 12rovision of this Ordinance is held unconstitutional or otherwise invalid such occurrence shall not affect other provisions of this Ordinance or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable unless otherwise provided by this Ordinance. 6. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law. ADOPTED this 10th day of December, 2019, pursuant to a roll call vote as follows: AYES: Grossi, Hatzis, Hoefert, Rogers NAYS: Saccotelli, Zadel ABSENT: None Ordinance No. 6494 PASSED AND APPROVED this 10th day of December, 2019 Arlene A. Juracek, Village esident ATTEST: 61 W i Village Clerk