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HomeMy WebLinkAboutOpt-In Regulations OrdinanceAn 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: ADVERTISE: To engage in promotional activities including, but not limited to: newspaper, radio, Internet and electronic media, and television advertising; the distribution of fliers and circulars; and the display of window and interior signs, 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 BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing ororganization, infuser organization, dispensing organization or transporting organization. CANNABIS CRAFT GROWER: A facilityoperated 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 promulgate 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 n 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 perated 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; or b) any other entity authorized by the Village to allow on premise consumption of cannabis 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 perated 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 cage licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A.1 01 -0027), as it maw amended from time -to- time, and regulations promulgated thereunder. PERSON: Anyperson, 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, deliver, possess with intent to sell at wholesale or retail, possess with intent to give away 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 applypersons 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 anyperson, firm or corporation to encourage the sale of cannabis or cannabis products bygiving_ away cannabis or cannabis products, by_ conducting games or competitions related to the consumption of cannabis or cannabis products, or by providing promotional materials or activities of a manner or type that would be appealing to children. 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 dispensaryingood 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. A person must be at least twenty-one (21) years of to sell cannabis products or otherwise be an employee for any cannabis business establishment. c. A "manager", as defined by Section 13.101, shall be on the premises at all times that the licensed premises is open for business. d. 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 Premises for Consumption It shall be unlawful for any person, as defined by this Article, to knowingly permit or to knowingly or negligently fail to immediately prevent or stop, on business premises under his or her control, the consumption of any cannabis by any individual. This restriction serves as a prohibition on Cannabis Lounge or Social Spaces and a prohibition of any_ business, including Cannabis Business Establishments, from incorporating portions of its square footage to Cannabis Lounge or Social Space. It does not prohibit individual consumption on private property as defined by the Act. 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 A__ e 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 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 ogeneral 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 appendix A, Division II of this code, 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: L 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. 10 1 -0027), and Chapter 7 of the Village code shall apply. 15. Other Restrictions on Sales for Cannabis Dispensaries. a. Operating hours. A dispensingorganization mayoperate between 6 A.M. and 10 P.M. as 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, in users, 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 deliver 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 Cannabis Craft Grower C Cannabis Cultivation Center C Cannabis Infuser Organization C Cannabis Processing Organization C Cannabis Transporting Organization 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 DisDensina Oraanization: In those zonina districts in which an Cannabis Dispensing Organization may be located, the proposed facility must comply with the following: i. Facility not be located within 100 feet of the property line of a pre-existing public or private nursery school, preschool, 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. I b. Co -Location of Cannabis Business Establishments. The Village may approve the coloration of a Cannabis Dispensing Organization with a Cannabis Craft Grower Center or a 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 Article 14.2104 F. 3. shall not apply, but the collocated establishments shall be the sole use of the tenant space. 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 zonina 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 not conduct any sales or distribution of cannabis other than as authorized by the Act. iii. Facility 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 zonina districts in which an Cannabis Cultivation Center may be located, the proposed facility must comply with the fol lowi nc� 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. 10 Facility may not be located within 1,500 feet of the property line of another Cannabis Business Establishment. iv. Maximum and minimum building sguare 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: Facility 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 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: L 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: Facility may not be located within 100 feet of the DroDerty 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: 11 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 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 pprove the coloration of a Cannabis Dispensing Organization with a Cannabis Craft Grower Center or a 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 11.410? CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: Refer to Section 11.41ng 12 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 this day of , 2019. Arlene A. Juracek, Village President ATTEST: Village Clerk 13