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Home My WebLink About4.1 Recreational Cannabis Act: Discussion of Ordinances for consideration 10/4/2019 BoardDocs®Pro IL Agenda Item Details Meeting Oct , 2019 COMMITTEE OF THE WHOLE MEETING Category 4. DISCUSSIONITEMS Subject I L CANNABIS ACT: DISCUSSION OF ORDINANCES FOR CONSIDERATION IN THE VILLAGE Access Public Tye Discussion Public Content Background and History Public Act 101-0027, which creates the Cannabis Regulation and Tax Act (the "Act"'), was signedinto state law on June 25,, 2019 by the Illinois General Assembly andinto effect January 1, 2020. The Act legalizes the sale adultuse recreational cannabis and regulates ossession, sale, n consumption. It also defines the various types of cannabis usiness establishments regulates c . The Act in its full for (600+ s) can be accessedthe following link: http: ilga.gov gislation/publicacts/101/101-0027.htm. At the September 24, 2019 Joint Committee of the Whole/Planning and Zonin ission meeting, staff and legal counsel provided information on the Act and answeredvarious questions on the topic to both the Village Board the Planning and ZoningCommission. The Village heard public input from various organizations,, businesses residents regarding the potential retail sale of recreational cannabis in the Village. The Village Boardalso provided direction as to what typeregulations c l r ri , should the board decideIl retail sale. Follow Up Information Based upon question raised t the Joint COW meetingpublic, commission and board, the following is additional information on the regulatory ils of the Act, and how the Village can proposeaddress the issues raised. Tax imShould the Village allowretail sl f recreational cannabis, the Village may impose an additional tax of p to 3.0% ("Cannabis Retil r cc tion "). This is in additionthe 1.0% regular 1.0% -rules les taxes already in place in the Village. The estimated locals les tax generatedthrough single recreational cannabis retailer is just over $400,000 per year. The amount of tax the village can collect in this fashion does not have a cap, and is separate from y moneys received through the disbursement of the state's Cannabis Regulation Fund. Transportation cannabis. Trans ort of cannabis for retails l (not individualpossession) is regulated i Business Establishment under the Act. These transporters mustlicensed by the Illinois Department of Agriculture and arethe only distributors of productto Cannabis Dispensingr niz tions (retailers). In the attached opt-in ordinance, this business type would be a conditional use only in the Il LightIndustry zoning district. Nuisance r incs. Related to personal consumption of cannabis to the point of nuisance, all regulations within Chapter 23,, Article XIV would apply. This includes nuisances as define y condition or use of any premises which is detrimental to the property of others, a threat to health or safety, or which causes or tends to cause substantial diminution in the value other property. Nuisance shall also include all conditions set forth in section 23.1403 of this article, any other condition cl r nuisance in this code, n y condition cl r nuisance in 720 Illinois Compiled Statutes 5/47-5. Regulationscontained within Article XIV include abatement procedures, including lic tions of injunctive relief and nuisance fees. Cultivation and registration cannabis I s. Under the Act, only registered is I cannabis its over 21 years of age y participate in home cultivation of a maximumfive plants. Plantsy not be cultivated in an area subject to public view and precautions must ensure that the plants are secure from riaccess or access by person under 21 years of age. Cultivation must occur in an enclosed locked space on residential property lawfully i https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 1/3 10/4/2019 BoardDocs®Pro possession of the medical cannabis patient or with the consent of the person in lawful possession of the property. An owner or lessor of residential property may prohibit the cultivation of cannabis by a lessee. The Village cannot prohibit home cultivation in these circumstances; however, a registration system would be created for those choosing to cultivate. Similar to the Village rental license registration program,, the cultivator must register with the Village or be subject to potential for a ticket or fine should the Village be made aware of unregistered plants. Note that the registration must comply with the Act and HIPPA laws, meaning it would not be possible for the Village to proactively target specific persons to register - the burden is on the cultivator to register should they choose to grow in their residence. Action to Consider: 0, t-Out Op ion One of the actions that could be considered at a future public hearing is ®® tinout". Opting out simply prohibits the recreational retail sale and associated growing and manufacturing businesses (""Cannabis Business Establishments") from occurring within the Village boundaries. It will not prohibit residents from purchasing cannabis elsewhere and consuming in legal locations (such as a private residence) within the Village. It will also not prohibit those with a medical card from purchasing at the Village's current medical cannabis dispensary, nor will it prohibit home cultivation for those with medical cards per the Act. As contained in the draft opt-out ordinance, the ordinance also includes a provision to prohibit any Cannabis Lounge or Social Space. Certain societal impacts of legalization, such as impaired driving and medical emergency calls, will still apply to the Village even if an opt-out ordinance is approved. Opting out does not impact the amount of funds the Village will receive through the Cannabis Regulation Fund. Per the Act, 8.0% of state revenue deposited in the Cannabis Regulation Fund (consisting of state excise and sales taxes, and licensing fees) will be transferred to the Local Government Distributive Fund, to fund crime prevention programs, training, and interdiction efforts relating to the illegal cannabis market and cannabis-based DUIs. The groundwork for spending these funds is not yet in place; a sort of audit-based system is expected to ensure the funds resent in accordance with the Act. Staff does not have an estimate of what these revenues will be for the Village. Action to Consider: O,pt-In 0,-tion and Proposed Regulation The approval of the Cannabis Regulation and Tax Act has led to the creation of many different supporting businesses., including dispensaries, craft growers,, cultivation centers,, processors, transporters,, infusers., etc. All of these Cannabis Business Establishments are addressed in the attached draft opt-in ordinance. The following summarizes the proposed ""opt-in*" text amendments, including restrictions proposed in the draft ordinance, based upon feedback at the prior COW meeting and internal analysis. Notation in parentheses identifies which section this language is found. General Regulations • Definitions of each Cannabis Business Establishment type, as well as supporting terms such as "Cannabis Lounge or Social Space"would be added to Chapter 11 Merchants, Businesses, Occupations and Amusements . This chapter would have an entire section,, Article XLI, devoted to Cannabis Business Establishments. [Item 2] • Details of the operation of a dispensing organization, including minimum age of 21 to purchase, how to verify age, and what building enhancements must be completed for any retail dispensary (such as installation of video security cameras). Also included in the regulations include adverting restriction. Not that the hours of operation per the Act are 6 AM through 10 PM, though the Village may further restrict hours of operation either via code or conditional use process. [Items 3., 5,r 6., 81 91 11, 14, and 15] • Language prohibiting any Cannabis Lounges or Social Spaces is included, which would prohibit any restaurant or other business from allowing on-site consumption. [Item 7] • Language regarding unlawful operation of any cannabis business establishment is included, including provisions for the Village Manager to suspend or revoke business licenses and conditional use permits if necessary. [Items 12 and 13] • Operation of a motor vehicle by any person under 21 under the influence of cannabis is deemed unlawful. [Item 10]. All other DUI regulations apply for those over the age of 21 as noted in Village Code Section 18.501. Zoning_Regulations • Each type of Cannabis Business Establishment is listed in the Use Table (Section 14.604), rather than grouping the as a whole. This allows the board to decide on each business type and also ensures that definitions of what constitute a "business establishment" re not changed over time. • Cannabis Dispensing Organizations (dispensaries) would be a conditional use in the B3 and I-1 zoning districts. All others (growers/cultivators, infusers, processors or transporters) of be a conditional use in the I-1 zoning district. • No zoning districts were identified for a permitted use for any cannabis business establishment. • The zoning code would further restrict location,, prohibiting any facility from operating within 100 feet of any public or private nursery school, preschool, primary, or secondary school, church/place of worship or hospital. This restriction mirrors the liquor code. A map of this restriction is attached to the memo. https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 2/3 10/4/2019 BoardDocs®Pro ® Additional distance restrictions were considered, including 250 feet and 500 feet of a school, church or hospital. These maps are also attached for reference. The code also ensures that cannabis business establishments are located a minimum of 1,500 feet from each other. Taxation Also included for review is a taxation ordinance. This ordinance would correspond with any opt-in ordinance, and allow the Village to collect the maximum 3% Cannabis Retailers Occupation Tax in addition to home rule and regular sales taxes. Alternatives: 1. Motion to refer an Opt Out Ordinance to the Village Board for review. 2. Motion to refer an Opt In Ordinance to the Planning and Zoning Commission for Public Hearing. 3. Discretion of the Village Board. Estimated $440,,000 in retail sales taxes annually for each retail dispensary, if approved. In either case (opt-in or out), the Village will receive its portion of the state"s Cannabis Regulation Fund. Rough estimates based upon the state's projected revenue for cannabis sales have this dollar amount at $3 per capita, or $168,000 annually. Map with 100' restriction.jpg (642 KB) Map with 500' restriction.pdf (2,,502 KB) Map with 250' restriction.pdf (2,,429 KB) Opt-Out Draft Ordinance October 2019.docx (19 KB) Opt-In Draft Ordinance 10.08.2019.docx (34 KB) Opt-In Taxation Draft Ordinance.docx (29 KB) Administrative Content Executive Content https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 3/3 10/4/2019 Map with 100'restriction.jpg(816x1056) �Proper fii es w ii�'th 1`�n 41 ul"`�ur"' feet of' a C h u rc h o r Sc h oo 11� ............ ........... ............. ...................... .......................... .......................... ............ .......................... ........... ............ ........................... ................ .......... .......... .................................................. ............................ .................... ........... ............ IN ............... 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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 transporting organization. CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and 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 necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per 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 acquire 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 qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A.101- 0027), as it may be amended from time-to-time, and regulations promulgated thereunder. CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be mended 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 acquire 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 qualified registered medical cannabis patients and caregivers that may permit the on-premises consumption 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 by an organization or business that is licensed by the Illinois Department 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 may be amended from time-to-time, and regulations promulgated thereunder. CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college 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, proprietor, employee, volunteer or agent. 2. Cannabis Business Establishments Prohibited. The following Cannabis Business Establishments are prohibited 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 Prospect of any of the following: 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 Transporter 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 public 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. 5. Severability. If any provision of this Ordinance, or the application of any provision 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. PASSED this day of , 2019 by the Village President and Board of Trustees pursuant to a roll call vote as follows- AYES- NAYS- ABSENT: APPROVED by me this day of September, 2019. Arlene A. Juracek, Village President ATTEST: Village Clerk An ordinance regulating cannabis uses ORDINANCE NO. AN ORDINANCE REGULATING 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, the State of Illinois enacted the Cannabis Regulation and Tax Act (Act), which pertains to the possession, use, cultivation, transportation and dispensing of cannabis, which became effective June 25, 2019; and WHEREAS, pursuant to the Act, the Village may enact reasonable zoning ordinances or resolutions not in conflict with the Act, regulating cannabis business establishments, including rules adopted governing the time, place, manner and number of cannabis business establishments, and minimum distance limitations between cannabis business establishments and locations the Village deems sensitive; 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. 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. 1. Purpose and Applicability: It is the intent and purpose of this Section to provide regulations regarding the cultivation, processing and dispensing of cannabis occurring within the corporate limits of the Village of Mount Prospect. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply. 2. 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 transporting organization. CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and 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 necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per 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 acquire 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 qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A.101- 0027), as it may be amended from time-to-time, and regulations promulgated thereunder. CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per 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 acquire 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 qualified registered medical cannabis patients and caregivers that may permit the on-premises consumption of cannabis at or within the business in a manner consistent with the 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 by an organization or business that is licensed by the Illinois Department 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 may be amended from time-to-time, and regulations promulgated thereunder. CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college 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, proprietor, employee, volunteer or agent. 3. Consumption, Purchase, Acceptance Or Possession Prohibited a. It shall be unlawful for any person, firm or corporation to sell, give away, deliver, possess with intent to sell at wholesale or retail, possess with intent to give away or deliver for promotional purposes, either retail or wholesale, any cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies within the Village without first having obtained a license from the State of Illinois and the Village. A dispensing organization's license allows for a dispensary to be operated only at a single location. b. It shall be unlawful for any person, firm or corporation to sell, give away, deliver, possess with intent to sell at wholesale or retail, possess with intent to give away or deliver for promotional purposes, either retail or wholesale, any cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to persons under twenty-one (21) years of age and in contravention to the provisions of the Cannabis Regulation and Tax Act, (P.A.101-0027). The prohibitions set forth in this section shall not apply to persons who consume, purchase, or possess cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies pursuant to the Compassionate Use of Medical Cannabis Program, 410 ILCS 130/1 et seq. c. It shall be unlawful for any person under twenty-one (21) years of age to consume, purchase, accept a gift of or have cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers in his or her possession or in his or her bloodstream. The prohibitions set forth in this section shall not apply to persons who consume, purchase, or possess cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies pursuant to the Compassionate Use of Medical Cannabis Program, 410 ILCS 130/1 et seq. d. It shall be unlawful for any person, firm or corporation to sell, give away, deliver, possess with intent to sell at wholesale or retail, possess with intent to give away or deliver for promotional purposes, either retail or wholesale, any cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to Persons previously involved in a fight in the establishment. 4. Building Enhancements. a. Any licensee of a Cannabis Business Establishment shall install building enhancements, such as security cameras, lighting or other improvements to ensure the safety of employees and customers of the cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an Cannabis Business Establishment and the site on which it is located, consistent with the requirements of the Act. b. A dispensing organization must keep all lighting outside and inside the dispensary in good working order and wattage sufficient for security cameras. 5. Conduct Of Employees And Agents; Supervisor On Premises a. Any act or failure to act of an employee or agent of either the licensee or a management company with respect to the licensed business shall be deemed to be the act of the licensee. Any duty set forth in this chapter as a duty of the licensee shall also be the duty of any agent or employee of the licensee. b. No employee or other server of cannabis may consume or be permitted to consume any cannabis product on the licensed premises while on duty or while Performing any duties of employment. c. No person, including any employee, manager, owner or agent of the licensee may consume cannabis products on the licensed premises before or after the permitted hours of operation. d. A person must be at least twenty-one (21) years of to sell cannabis products. e. A "manager", as defined by Section 13.101, shall be on the premises at all times that the licensed premises is open for business. f. A dispensing organization shall submit a list to the State of the names of all service professionals that will work at the dispensary. 6. Compliance With Other Regulations All licensed premises shall be maintained in full compliance with all other regulations of the State, the Cannabis Regulation and Tax Act, and the Village, including, but not limited to, those relating to the storage or sale of food, sanitary conditions, building and safety conditions. 7. Use Of Licensed Premises For Consumption It shall be unlawful for any licensee to knowingly permit or to knowingly or negligently fail to immediately prevent or stop, on premises under his or her control, the consumption of any cannabis by any person. This restriction serves as a prohibition on Cannabis Lounge or Social Spaces and a prohibition of an existing Cannabis Business Establishment from incorporating portions of its square footage to Cannabis Cafe or Social Space. 8. Signage Prohibiting Sales a. Signs informing the public of the age restrictions of this article, shall be posted by every licensee in conspicuous view on the premises. Each such sign shall state. b. The sale of cannabis products to persons under twenty-one (21) years of age is Prohibited by law. A photo identification showing proof of age shall be required of everyone under twenty-seven (27) years of age desiring to purchase cannabis products. Violations shall be reported to the Police Department c. Said sign(s) shall be plainly visible and shall measure at least eight and one-half inches (81/2") in height and eleven inches (11") in width. Lettering on said sign shall be at least one-half inch (1/2") in height. Said signs shall also inform the public that the Village Police Department is to be contacted should the law be violated. 9. Proof of Age Required No cannabis products may be sold to any person under twenty seven (27) years of age unless that person has provided, at the point of purchase, a government issued photo identification showing date of birth. 10. Operation Of A Motor Vehicle In A State Of Impairment It shall be unlawful for any person under twenty-one (21) years of age to operate a motor vehicle on a street or highway of the village while in a state of impairment due to the consumption of a cannabis product or with any cannabis whatsoever in his or her system. For purposes of this section only, 'operation of a motor vehicle" shall have the definition ascribed to it in the Illinois vehicle code. 11. Use Of False Identification No person shall transfer, alter or deface any identification card; use any identification card of another; carry or use a false or forged identification card; obtain an identification card by means of false information; or otherwise misrepresent age for the purpose of purchasing or obtaining cannabis products. 12. Suspension, Revocation, Fines and Costs. Any such business license or conditional use issued by the Village may be suspended up to sixty (60) days or revoked by the village manager, or an application for issuance or renewal of such license may be refused by the village clerk as outlined in the provisions of Chapter 10, if either determines: a. That the application of the applicant or license holder contains any false, fraudulent or misleading material statement; or b. That the applicant or license holder has made any false, fraudulent or misleading material statement, or has been convicted of perpetrating a fraud upon any person, whether or not such fraud was perpetrated in the course of conducting any business in the village, or that the applicant or license holder has committed a felony; or c. That the applicant or license holder has conducted any activities directly related to his business in the village in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public; or d. That the applicant or license holder has suffered a revocation or refusal to issue or renew such license by any state, municipality or licensing authority. 13. Penalties Nothing herein shall prevent the Village from proceeding against a licensee in the Circuit Court in lieu of administrative proceedings. Any person found guilty of violating any provisions of this article shall be fined an amount set forth in insert section, for each offense. A separate offense shall be deemed to have been committed on each day during or on which a violation occurs or continues. 14. Advertisement Prohibited. Cannabis Business Establishments cannot advertise cannabis or a cannabis- infused product in any form or through any medium: a. Within 1,000 feet of school grounds, playground, hospital, healthcare facility, recreation center or facility, child care center, public park or library or any recreation center that admits persons under age 21; b. On or in a publicly-owned or publicly-operated property; or c. Which contains information that: i. is false or misleading; ii. promotes excessive consumption; iii. depicts a person under 21 years of age consuming cannabis; This includes the image of a cannabis leaf or any image designed or likely to appeal to minors, including cartoons, toys, animals or children, or any other likeness to images, characters or phrases that are popularly used to advertise to children, or any imitation of candy packaging or labeling or that promotes consumption of cannabis. d. All other advertisement restrictions pursuant to the Cannabis Regulation and Tax Act, (P.A.101-0027) shall apply. 15. Other Restrictions on Sales for Cannabis Dispensaries. a. Operating hours. (Between 6am and 10pm permitted by law) b. A dispensing organization may only accept cannabis deliveries into a restricted access area. Deliveries may not be accepted through the public or limited access areas unless otherwise approved under the Act. c. A dispensing organization must include the legal name of the dispensary on the packaging of any cannabis product it sells. d. Dispensing organizations are prohibited from selling any product containing alcohol except tinctures, which must be limited to containers that are no larger than 100 milliliters. e. Sell cannabis, cannabis concentrate, or cannabis-infused products in combination or bundled with each other or any other items for one price, and each item of cannabis, concentrate, or cannabis-infused product must be separately identified by quantity and price on the receipt; f. Sell clones or any other live plant material; g. Have fewer than 2 people working at the dispensary at any time while the dispensary is open; h. Operate a dispensary if its video surveillance equipment is inoperative; i. Operate a dispensary if the point-of-sale equipment is inoperative; j. Operate a dispensary if the State's cannabis electronic verification system is inoperative; k. Enter into agreements to allow persons who are not dispensing organization agents to deliver cannabis or to transport cannabis to purchasers; I. Refuse to conduct business with an adult use cultivation center, craft grower, transporting organization, or infuser that has the ability to properly deliver the product and is permitted by the Department of Agriculture, on the same terms as other adult use cultivation centers, craft growers, infusers, or transporters with whom it is dealing; m. Operate drive-through windows; n. Allow for the dispensing of cannabis or cannabis-infused products in vending machines; o. Transport cannabis to residences or other locations where purchasers may be for delivery; p. Produce or manufacture cannabis; q. Accept a cannabis product from an adult use cultivation center, craft grower, infuser, dispensing organization, or transporting organization unless it is pre- packaged and labeled in accordance with the Act and any rules that may be adopted pursuant to the Act; r. Obtain cannabis or cannabis-infused products from outside the State of Illinois; s. Sell cannabis or cannabis-infused products to a purchaser unless the dispensary organization is licensed under the Compassionate Use of Medical Cannabis Pilot Program, and the individual is registered under the Compassionate Use of Medical Cannabis Pilot Program or the purchaser has been verified to be over the age of 21; t. Enter into an exclusive agreement with any adult use cultivation center, craft grower, or infuser. SECTION 3. Chapter 14 "Zoning" of the Mount Prospect Village Code shall be amended as follows: Article 14.604 Land Use Table Commercial and Industrial Zoning Districts B-1 B-2 B-3 B-4 B-5 B-5C O/R 1-1 1-3 Cannabis Dispensing Organization C C C Cannabis Craft Grower C C Cannabis Cultivation Center C C Cannabis Infuser Organization C C Cannabis Processing Organization C C Cannabis Transporting Organization C C SECTION 4. Chapter 14 "Zoning" of the Mount Prospect Village Code shall be amended as follows: Article 14.1704 Bulk Regulations of B-3 Community Shopping District E. Restrictions on Business Uses: 3. CANNABIS BUSINESS ESTABLISHMENTS: a. Cannabis Dispensing Organization: In those zoning districts in which an Cannabis Dispensing Organization may be located, the proposed facility must comply with the following: i. Facility may not be located within 100 feet of the property line of a pre-existing public or private or parochial school, primary or secondary school, churches, synagogues, mosques, or other houses of worship, or hospital. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. i. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. ii. Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by Section 10 (Additional Requirements) shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing as provided in Section of the Village Code. iii. Facility may not be located within 1,500 feet of the property line of another Cannabis Business Establishment. SECTION 5 Chapter 14 "Zoning" of the Mount Prospect Village Code shall be amended as follows: Article 14.2104 Bulk Regulations of the 1-1 Limited Industrial District F. Restrictions on Industrial Uses 3. CANNABIS: a. Cannabis Craft Grower: In those zoning districts in which an Cannabis Craft Grower may be located, the proposed facility must comply with the following: i. Facility may not be located within 100 feet of the property line of a pre-existing public or private or parochial school, primary or secondary school, churches, synagogues, mosques, or other houses of worship, or hospital. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. ii. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. iii. Facility may not be located within 1,500 feet of the property line of another Cannabis Business Establishment. iv. Maximum and minimum building square footage pursuant to the Cannabis Regulation and Tax Act, (P.A.101-0027). b. Cannabis Cultivation Center: In those zoning districts in which an Cannabis Cultivation Center may be located, the proposed facility must comply with the following: i. Facility may not be located within 100 feet of the property line of a pre-existing public or private or parochial school, primary or secondary school, churches, synagogues, mosques, or other houses of worship, or hospital. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. ii. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. iii. Facility may not be located within 1,500 feet of the property line of another Cannabis Business Establishment. iv. Maximum and minimum building square footage pursuant to the Cannabis Regulation and Tax Act, (P.A.101-0027). c. Cannabis Dispensing Organization: In those zoning districts in which an Cannabis Dispensing Organization may be located, the proposed facility must comply with the following: i. Facility may not be located within 100 feet of the property line of a pre-existing public or private or parochial school, primary or secondary school, churches, synagogues, mosques, or other houses of worship, or hospital. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. ii. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. iii. Facility may not be located within 1,500 feet of the property line of another Cannabis Business Establishment. d. Cannabis Infuser Organization: In those zoning districts in which an Cannabis Infuser Organization may be located, the proposed facility must comply with the following: i. Facility may not be located within 100 feet of the property line of a pre-existing public or private or parochial school, primary or secondary school, churches, synagogues, mosques, or other houses of worship, or hospital. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. ii. Facility may not be located within 1,500 feet of the property line of another Cannabis Business Establishment. e. Cannabis Processing Organization: In those zoning districts in which an Cannabis Processing Organization may be located, the proposed facility must comply with the following: i. Facility may not be located within 100 feet of the property line of a pre-existing public or private or parochial school, primary or secondary school, churches, synagogues, mosques, or other houses of worship, or hospital. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. ii. Facility may not be located within 1,500 feet of the property line of another Cannabis Business Establishment. f. Cannabis Transporting Organization: In those zoning districts in which an Transporting Organization may be located, the proposed facility must comply with the following: i. Facility may not be located within 100 feet of the property line of a pre-existing public or private or parochial school, primary or secondary school, churches, synagogues, mosques, or other houses of worship, or hospital. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. ii. The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. iii. Facility may not be located within 1,500 feet of the property line of another Cannabis Business Establishment. g. Co-Location of Cannabis Business Establishments. The Village may approve the co-location of an Cannabis Dispensing Organization with an Cannabis Craft Grower Center or an Cannabis Infuser Organization, or both, subject to the provisions of the Act and the Conditional Use criteria within the Mount Prospect Village Code. In a co-location, the floor space requirements of 14.2104 F. 3. shall not apply, but the collocated establishments shall be the sole use of the tenant space. SECTION 7. Chapter 14 "Zoning" of the Mount Prospect Village Code shall be amended as follows: Article 14-2401 Definitions CANNABIS BUSINESS ESTABLISHMENT: Refer to Section 11.4102 CANNABIS CRAFT GROWER: Refer to Section 11.4102 CANNABIS CULTIVATION CENTER: Refer to Section 11.4102 CANNABIS DISPENSING ORGANIZATION: Refer to Section 11.4102 CANNABIS INFUSER ORGANIZATION OR INFUSER: Refer to Section 11.4102 CANNABIS LOUNGE OR SOCIAL SPACE. Refer to Section 11.4102 CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: Refer to Section 11.4102 CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: Refer to Section 11.4102 SECTION 8. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law. AYES- NAYS- ABSENT- APPROVED YES:NAYS:ABSENT:APPROVED by me this day of September, 2019. Arlene A. Juracek, Village President ATTEST: Village Clerk AN ORDINANCE WITH POTENTIAL LANGUAGE AS TO HOW TO COLLECT THE 3% AS OF 1/1/20 (ORA LATER DATE) IF THE VILLAGE PERMITS RETAIL SALES ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 "VILLAGE GOVERNMENT MISCELLANEOUS PROVISIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, Section 8-11-22 of the Illinois Municipal Code, 65 ILCS 5/8-11-227 authorizes the Village to impose a municipal cannabis retailers' occupation tax at a rate not to exceed three percent (3%) of the gross receipts of cannabis sold in the Village, starting January 1, 2020, so long as the Village permits the retail sale of cannabis in the Village, except for retail sales made under the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1, et seq.; and WHEREAS, the President and Board of Trustees of the Village find that levying a tax on cannabis sales pursuant to Section 8-11-22 of the Illinois Municipal Code, 65 ILCS 5/8-11-22, at a rate of three percent (3%) of the gross receipts of cannabis sold in the Village, beginning January 1, 2020, best serves the public's health, safety and welfare; and WHEREAS, in order to best serve the public's health, safety and welfare, the President and Board of Trustees of the Village desire to make certain amendments to the Village Code of Mount Prospect ("Village Code"), relative to levying the municipal cannabis retailers' occupation tax, should the Village permit the retail sale of cannabis in the Village under the Illinois Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., as amended; 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: Incorporation. That the recitals above shall be and are hereby incorporated in this Section 1 as if restated herein. SECTION 2: Amendments. That Chapter 8 "Village Government Miscellaneous Provisions" of the Village Code is hereby amended as follows: Article XXV, entitled "Municipal Cannabis Retailer's Occupation Tax," is hereby created and shall read in its entirety as follows: 8.2501 Short Title 415168_2 8.2502 Definitions 8.2503 Tax Imposed 8.2504 Liability for Payment 8.2505 Collection of Tax 8.2506 Rules and Regulations 8.2507 Filing of Return and Payment of Tax 8.2508 Failure to File Return or Pay Tax when Due 8.2509 Records 8.2510 Exemptions 8.2511 Suspension or Revocation of Licenses for Failure to Comply; Hearing 8.2512 Disposition of Proceeds of Tax 8.2513 Penalty 8.2501: SHORT TITLE: The tax imposed by this chapter shall be known as the "Municipal Cannabis Tax" and is imposed in addition to all other taxes imposed by the Village of Mount Prospect the State of Illinois, or any other municipal corporation or political subdivision thereof. 8.2502: DEFINITIONS: For the purposes of this chapter, whenever any of the following words, terms or definitions are used herein, they shall have the meanings ascribed to them in this section: CANNABIS: Shall have the meaning ascribed to it as the term is defined in section 1-10 of the Cannabis Regulations and Tax Act. CONSUMER: The person who seeks the privilege of purchasing cannabis at retail at any establishment. FINANCE DEPARTMENT: The Finance Department of the Village of Mount Prospect. CANNABIS ESTABLISHMENT: Any premises required to obtain a retail cannabis license pursuant to Chapter 11, Article XLI of this Code. OWNER: Any person or persons having a sufficient proprietary interest in conducting the operation of a cannabis establishment so as to entitle such a person or persons to all or a portion of the net receipts thereof. PERSON: Any natural person, receiver, administrator, executor, conservator, assignee, trust in perpetuity, trust, estate, firm, co-partnership, joint venture, club, company, business trust, domestic or foreign corporation, association, syndicate, society or any group of individuals acting as a unit, whether mutual, cooperative, fraternal nonprofit, or otherwise; whenever the term "person" is used in any clause prescribing and imposing a penalty, the term as applied to associations shall mean that the owners or part owners thereof and, as applied to corporations, the officers thereof. 415168_2 RETAIL SALE OR PURCHASE : Any transfer of the ownership, exchange or barter or any transfer for a valuable consideration. 8.2503: TAX IMPOSED: A. Beginning on January 1, 2020, a tax is hereby imposed upon all persons engaged in the business of selling cannabis, other than cannabis purchased under the Compassionate Use of Medical Cannabis Pilot Program Act, at retail in the City/Village at the rate of 3 % of the gross receipts from these sales made in the course of that business. B. The imposition of this tax is in accordance with the provisions of Sections 8-11-22, of the Illinois Municipal Code (65 ILCS 5/8-11-22). 8.2504: LIABILITY FOR PAYMENT: A. The ultimate incidence of and liability for payment of the tax imposed by this chapter shall be borne by the consumer. B. The tax herein levied shall be paid in addition to any and all other taxes and charges. It shall be the duty of the owner, manager or operator of every cannabis establishment to collect said tax from the consumer and remit to the village said tax under the rules and regulations prescribed by the local liquor control commissioner and as otherwise provided in this chapter. 8.2505: COLLECTION OF TAX: A. The tax imposed by this Ordinance shall be remitted by such retailer to the Illinois Department of Revenue (Department). Any tax required to be collected pursuant to or as authorized by this Ordinance and any such tax collected by such retailer and required to be remitted to the Department shall constitute a debt owed by the retailer to the State. Retailers may reimburse themselves for their seller's tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with any State tax that sellers are required to collect. B. The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department. The Department shall have full power to administer and enforce the provisions of this article. 8.2506: RULES AND REGULATIONS: The Department of Agriculture and Department of Financial and Professional Regulation may promulgate rules and regulations not inconsistent with the provisions of this chapter concerning the enforcement and application of this chapter. The term "rules 415168_2 and regulations" includes, but is not limited to, a case by case determination whether or not the tax imposed by this chapter applies. 8.2507: FILING OF RETURN AND PAYMENT OF TAX: The owner(s) of each cannabis establishment within the village shall file with the finance department, sworn tax returns showing tax receipts received during each calendar month reporting period on forms prescribed by the Department of Agriculture and the Department of Financial and Professional Regulation. The returns and related payment of taxes collected shall be due on or before the last calendar day of the month following the month for which the sales of cannabis occurred. At the time of filing such returns, the owner shall pay to the village all taxes due for the period to which the tax return applies, less a commission of one percent (1.00%) of the amount of the tax, which is allowed to reimburse the owner for the expenses incurred in keeping records, billing, preparing and filing returns, remitting the tax and supplying data to the village upon request. No commission may be claimed by an owner for taxes not timely remitted to the village. Payment of the tax imposed shall be made to the finance department. 8.2508: FAILURE TO FILE RETURN OR PAY TAX WHEN DUE: A. If for any reason a tax imposed under this chapter is not paid when due, a late fee shall be added and collected as follows. For the first late payment, $50.00 or two percent (2.00%) of the amount of tax which remains unpaid, whichever is greater; for the second late payment, $100.00 or two percent (2.00%) of the amount of tax which remains unpaid, whichever is greater; and for the third and subsequent late payments, $150.00 or two percent (2.00%) of the amount tax which remains unpaid, whichever is greater. In addition to the above late fee, beginning on the 1st day of the month following the month in which a late fee is assessed, interest will accrue on all unpaid taxes at the rate of 1.00% per month for any portion of the month taxes remain due but unpaid. B. Whenever any person shall fail to pay any tax as provided in this chapter, the village may bring or cause to be brought an action to enforce the payment of the tax on behalf of the village and reasonable attorney's fees incurred in bringing such action in any court of competent jurisdiction. 8.2509: RECORDS: A. Every owner, manager or operator of a cannabis establishment in the village shall keep books and records for a period of at least forty-eight (48) months, which, at a minimum should include a daily sheet showing: 1. The amount of taxable receipts within the twenty four (24) hour period; and 2. The actual cannabis establishment tax receipts collected for the date in question. 415168_2 B. The Department of Agriculture, the Department of Financial and Professional Regulation, and the Department of Revenue or their designee shall at all reasonable times have full access to said books and records. C. The financial records of any cannabis establishment submitted pursuant to this chapter or any rule and regulation promulgated thereunder shall not be available for public inspection in order to protect the owner's right to privacy, except when necessary in any action to enforce collection of tax under this chapter or as otherwise provided by law. 8.2510: EXEMPTIONS: The tax imposed under this chapter shall not apply or be imposed upon a person organized and operated exclusively for charitable, religious or educational purposes to the extent cannabis is purchased by such person and used solely for the charitable, religious or educational purposes of such person and is not resold for profit. 8.2511: SUSPENSION OR REVOCATION OF LICENSES FOR FAILURE TO COMPLY; HEARING: The Department of Agriculture and the Department of Financial and Professional Regulation may, in accordance with law, revoke or suspend any license issued by him or her if he or she determines that the owner of a licensed establishment has violated any of the provisions of this chapter. No suspension or revocation hereunder shall release or discharge said person from his civil liability for the payment or collection and remittance of the tax, nor from prosecution for such offense. Any suspension or revocation of a cannabis establishment license shall follow the procedures set forth in, and otherwise comply with, the provisions of chapter XX, article X of this code. 8.2512: DISPOSITION OF PROCEEDS OF TAX: All proceeds resulting from the imposition of the tax under this chapter, including penalties, shall be revenues of the general corporate fund of the village and shall be paid into the treasury of the village and shall be credited to and deposited in the general corporate fund of the village. 8.2513: PENALTY: In addition to the suspension or revocation of licenses as hereinabove provided, any person found guilty of violating, disobeying, omitting, neglecting, or refusing to comply with or resisting or opposing the enforcement of any of the provisions of this chapter, except when otherwise specifically provided, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand five hundred fifty dollars ($1,500.00). Each day of violation shall constitute a separate and distinct offense. 415168_2 SECTION 2: Those sections, paragraphs, and provisions of the Village Code of Mount Prospect which are not expressly amended or repealed by this Ordinance are hereby re-enacted, and it is expressly declared to be the intention of this Ordinance not to repeal or amend any portions of the Village Code of Mount Prospect other than those expressly amended or repealed in Section 1 of this Ordinance. SECTION 3: The invalidity of any section or provision of this Ordinance hereby passed and approved shall not invalidate other sections or provisions thereof. SECTION 4: This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law, provided, however, that the tax provided for herein shall take effect for all sales on or after the first day of January, 2020. Copies of this Ordinance shall be certified and sent to the Illinois Department of Revenue prior to September 30, 2019. ADOPTED this day of , 2019, pursuant to a roll call vote as follows- AYES- NAYS- ABSENT- PASSED ollows:AYES:NAYS:ABSENT:PASSED AND APPROVED this day of , 2019 Arlene A. Juracek, Village President ATTEST: 415168_2 Village Clerk 415168_2