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