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Home My WebLink About8.2 1st reading of an ORDINANCE REGULATING CANNABIS BUSINESS ESTABLISHMENTS IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS.Item Cover Page 0" Mwbubject PZ -22-19 / 50 S, Emerson Street / Ist reading of an ORDINANCE REGULATING CANNABIS BUSINESS ESTABLISHMENTS IN THE VILLAGE OF MOUNT PROSPECT,, ILLINOIS, 2=t Fiscal Impact Dollar Amount Budget Source Category Type Information Information lRecember 1. 2020 - REGULAR MEETING OF THE MOUNT -61ROSPECT VILLAGE BOARD - Public Act 101-0027, which created the Cannabis Regulation and Tax Act (the signed in to state law on June 25, 2019 by the Illinois General Assembly and went into effect January 1., 2020. The Act legalized the sale of adult use recreational cannabis and regulates possession, sale, and consumption. It also defined the various types of cannabis business establishments and regulates each. q EiM11 zm- ll 1 '[1911111 �1111M! Lei I I I L; -41 VIM= Several public meetings were held to gather feedback on the issue from both the public and various boards/com missions - starting with the September 24,, 2019 ind October 8 2019 Joint Committee of the Whole/Planning and Zoning Commission meetings. At the October 8. 2019 meeting, the Village Board directed staff to make a few modifications to the draft an ordinance to permit the sale of ?dult use cannabis and operation of related businesses (known as the "Opt -in" tirdinance), and to schedule a public hearing with the Planning and Zoning Commission to further vet the subject. 1 At the October 23, 2019 meeting of the Finance Commission, staff presented information related to the anticipated revenue the sales of adult use recreational cannabis could generate for the Village, given the drafted 3% taxation ordinance and projected sales. Staff also answered basic questions about the Act itself and Village proposed r- • - Commission voted• permit the sale of adult use recreational cannabis in the Village and associated cannabis business establishments, per drafted Opt -in ordinances. At the November 14, 2019 meeting of the Economic Development Commission (EDC), staff held a discussion with the EDC resulting in a unanimous vote tit, permit cannabis business establishments in the Village per drafted Opt -in ordinances. On November 14, 2019., a public hearing was held at the Planning and Zoning Commission meeting for the proposed amendments to Chapter 14 of the Village Code., which would allow for the sale of recreational cannabis in the Village, as well ?s other regulations permitting cannabis business establishments (processors., growers, infusers, etc.). The Planning and Zoning Commission recommende6 ,?pproving the zoning text amendments as proposed in the draft Opt -in ordinance by ' • of • 1' At the December 3, 2019 regular meeting of the Village Board, the Village Board held a 1st reading of an ordinance, which would allow for the sale of recreational cannabis Village, w - as other-• w • for w , ! business establishments • a ! ' (processors, growers, infuse ,- Staff.). wasdirected • add language to - tax ordinance . specifics - of proceeds •-! • - sales - • medicalrecreational cannabis to Public Safety Training and Public Education/Awareness programs, hiring of public safety personal to enforce a better drug enforcement program and also to improve EMS services; and to fund the annual public safety pension costs. No other changes were identified. 2nd reading of the Opt -in ordinance was on December, 10,, 2019 at Special Meeting of the Village Board. After a robust public comment., the Village Board declined to act on the Opt -in ordinance presented, and approved an Opt -out ordinance prohibiting the sale of adult use recreational cannabis and operation of other cannabis business establishments. The Opt -out ordinance that was approved by a vote of 4-2, included text amendments to Chapter 11 and Chapter 14 of the Village Code regarding certain prohibitions and does not impact the sale of w !nor- legality ofcannabis- Village. At the Special Meeting of the Village Board on August 4,, 2020,, board members proposed future agenda items to discuss an advisory referendum on the sale of 2 adult use recreational cannabis in Mount Prospect and the Opt -in ordinance th4,ak_.;, Village reviewed in December 2019. non- binding referendum for. public question on the November• • Presidential General Election regarding sales of adult use recreational cannabis. On November • • • Village Board w!• • ! an ordinance assigning Mount Prospect Village Board to conduct the required public hearing of a resubmitted text amendment concerning the sale of recreational cannabis in response to the referendum results supporting the sale of adult use cannabis. The public hearing date was set for December 1. 2020. The Village website. • • on the Transparency Check portal to communicate information on adult use recreational cannabis including: listing opportunities to attend public meetings,, providing ways to contact the Village with questions, and concerns or letters of support. Staff has also posted notice of meetings on the Village's Facebook page, and included notice of the topic in the Village's email subscription Agenda Notification system. Referendum Results Mount Prospect residents were asked the following non-binding advisory referendum question during the November 3, 2020 Presidential General Election: "Shall the Village of Mount Prospect allow the sale of adult use recreational cannabis and related uses within the laws established by the State of Illinois and the Village of Mount Prospect?" Referendum Results: Yes 64-63% with 16,508 Votes • f'with 9,,035 • ` For iLegalize Marijuana Referendum duringi imary Election in 2018. Elk Grove Village i similar - i i ballots for the 2020 General Election. cannabisin both municipalities,/'Yes' for Elk Grove, and 60.4% 'Ye' i Park Ridge. V? The following ! . • gathered • articles shareadult-use cannabis business activity from neighboring communities. Elk Grove Village approved a cannabis craft growing operation on March 10, • • Arlington Heights voted on July 20, 2020 to approve staff to develop a pilo. recreational cannabis program in coordination with their existing medica cannabis dispensary. Prospect Heights City Council approved the citys first recreational marijuanE dispensary at 1434 N. Rand Road on • • WoodfieldThis year, Schaumburg's first recreational cannabis dispensary opened neal . at 1735 E. GolfRoad.addition,• Boarc news.approved another dispensary at 820 E. Golf Road. In October, Wheeling approved a special -use permit for a proposed crafl cannabis growing business at 1480 S. Wolf Road. The company is in thE process of getting the state license. On November 10, Rolling Meadows granted special use approval to allo Cultivate Change, LLC to open an adult use cannabis craft grower, processin. and infusing facility at 3650 Berdnick St. The company is in the process o getting the state license. In response to Park Ridge's recreational cannabis sales referendum results the City Council on Nov. 16,, discussed the process and first step toward allowing retail sales for adult use recreational cannabis. The attached map shows fifteen surrounding communities status of either opted - in, opted out, or which way they are leaning towards if they have not formally voted on the recreational retail sale of cannabis reflecting the above-mentioned Experience with Adult Use Cannabis Dispensaries In August • • staff conducted . survey of ! • . l communities operating ! . . ! dispensaries. Questions inclu! ! did the dispensary start adult use sales, have police or paramedic service calls changed related to the dispensary operations/sales! did the dispensary generate new code compliance • ! . - • . ! .' 1. issues, and have there been any unf• ', - ' impacts Majority(positive or negative) as a result from offering adult use sales. Six communities replied and responses are summaries below: • of •mmunities noted no issues at all. • No change to public safety calls for service were reported. Some responses included parking or traffic concerns at some locations. A couple dispensaries are located within industrial parks and industrial uses usually have lower parking requirements than retail uses in most municipal codes; this could be a factor. Another location was one of the first that M opened in the state and experienced high demand early in the year. One of the six communities had experienced a burglary / breaking an entering on three occasions times during civil unrest at the time of the Blac Live Matter protests. These events are directly correlated with th rioting/unrest that was occurring in town at the timel as several dispensarie in Chicago experienced break-ins or break-in attempts during this sarn period. - - - only • incidents of break-ins -medical an recreational dispensaries prior to the May 2020. Staff has provided •Opt -in! . • ordinances f• i. • to consider. !, • both ordinances mirroreach other with one exception. ordinance subtitled ""Permits New Age" would allow the Village"s existing medical cannabis dispensary (New Age Care) to operate an adult use recreational cannabis dispensary at their current location without the need for a separate conditional use hearing. New Age Care has operated as a medical cannabis dispensary without incident and already holds a state license to sell adult -use recreational cannabis. This Opt -in ordinance ensures future recreational cannabis dispensaries would be subject to the conditional use process through Planning and Zoning,, with the Village Board providing final approval. This process would include New Age Care if they were to request to move to a new location in the Village. As previously presented to the Village Board in December 2019, staff is proposing that adult use recreational cannabis dispensaries should follow the same buffer requirements as the Vil.• ! • ••- 11 feet frompublic or private school,or other place of • r or • r Additionally, ordinance would prohibit any two cannabis establishments from being located within 1,500 feet of each other, consistent with the Act. Summary of Text Amendments The following summarizes the proposed opt-inamendments,! g restrictions proposed in the ordinance. Definitions of each ,ris Business Establishmenttype, supporting terms such as ""Cannabis Lounge or Social Space" (to specifically prohibit this use) w• • be l-• to Chapter 11 Merchants,Businesses, Am Am An Ab Ift Am ! ! ! !Am !_! Ask, • ! !• ! •-Aft A . - A• ! 1 ! ! Aft AM Ift • r • • — a! ! - • • • ! • Am 4ft • -' ft Am M Ift Aft Aft gh Am Am Am Ah AM Amm Amb AMM Amb 4m An Am Am 4a Ab • f a di a.;!! • • ! . . ! Ab Aft Ab di Ab Ab 4a AM 4ft Am Am Am 4ft Am m AMM M AftiOuk• ! ! • ! ! ! . - Ah Ak M Aft 4b dr dw !I . I . �I . .I • I' • I'. . ! . • i • . l I • •' . • �• • !I . .I • .' f • w' .' . • / . ' • . • doI -Ido• . I As X "Opt -in Ordinance, Permits New Age., attached.] All other Cannabis Business Establishments (growers/cultivators, infusers, processors or transporters) would be a conditional use in the I-1 zoning district. Conditional uses require a public hearing and Village Board approval. New to the Opt -in ordinances are separate definitions of Medical Cannabis Cultivation Center (proposed as a Conditional Use in the I-1 zoning district) and Medical Cannabis Dispensing Organization, which is currently operating under the drug store/pharmacy use designation in the zoning code. • For Medical Cannabis Dispensing Organization, the use table would simply carry over the same zoning districts where pharmacies are currently permitted: B-2. B -3f B -4,r B-5. B -5C. and add a Conditional Use to allow for a Medical Cannabis dispensary to operate out of an I-1 zoning district. This provision was added to address the fact that an adult -use recreational cannabis dispensaries "Cannabis Dispensing Organizations", often sell medical cannabis as well adult use from the same facility; therefore, if the desire of the board is to allow adult use Cannabis Dispensing Organizations in the I-1 district through a Conditional Use, then it is logical to also allow Medical Cannabis Dispensing Organizations to apply for a Conditional Use in the I-1 as well. • It is important to note that the regulatory language contained in Chapte 11 would apply only to Cannabis Dispensing Organizations (adult use cannabis retailers) and not to Medical Cannabis Dispensing Organizations, such as the one currently operating in the Village. Medical Cannabis Dispensaries, and associated businesses, are regulate under a completely different Act (Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq. "Medical Cannabis Act") as compared to adult use cannabis businesses (Cannabis Regulation an Tax Act (410 ILCS 705/1 et seq.)). The attached "Recommended Regulations" map shows how the proposed zoning regulations affect where a potential ca nnabis- related business could locate if the Village opts -in. The corresponding proposed taxation ordinance specifics the Cannabis Retailers Occupation Tax at 3%. Disposition of the proceeds is outlined in the attached Taxation Ordinance, which reads as follows: All proceeds resulting from the imposition of the tax under this chapter, including penalties, shall be revenues of 7 the general corporate fund of the village and shall be paid • the treasuryof villageand shall be credited to and deposited in the general corporateI of village and can be used for the following purposes. 1. Capital Projects withinill 2. Law Enforcement training, travelling, registrations,airfare the Drug interdiction and Addi i Property r the PublicPensions 4. Additional rPublic 5. Human Services Programs Fundsbe transferred/appropriated from the General Corporate Fund to thd appropriateprogram poollfundsto execute the above-mentioned I •• w The Village would also receive home rule (1.0%) and state sales taxes (1.0%) on recreational cannabis sales; however, these revenues uses would not be specified like the Cannabis Retailers Occupation Tax. If approved, the Village would start receiving tax revenue effective July 1, 2021. Originally, staff prepared revenue estimates based on the paper published by the Illinois Economic Policy Institute. The paper projected average annual adult use cannabis sales of $8.7 million per dispensary. The sales tax revenue estimate for a single recreational cannabis retail license was approximately $440,,000 annually. This was a long-term projection amount, with an assumption of all 185 adult use licenses being active and selling within the State of Illinois. With regard to these assumptions,, it is important to note: a. not all adult use licenses have been issued (63 of 185 have been issued by the state of Illinois), b. some of these 63 licenses are not in use due to local prohibition (Mount Prospect's location is an example of this)., and c. it will take time (months to years) for all adult use licenses to be issued and the dispensaries themselves to complete build outs and begin sales, as the pandernic has delayed the issuance of new cannabis licenses in the State. Until then, the currently -licensed adult use dispensaries will experience higher sales volume. Attached are the Illinois Department of Financial and Professional Regulation recreational cannabis sales figures for 2020 through October. POP • anticipated recreationalcannabissales•' • l generate $922,500 in local taxes. Tax Type Rate Taxable Sales Tax Revenue Cannabis Retailers o 3.00 /o $18,450,000 $553,500 Occupation Tax State Sales Tax 1.000/0 $18,450,000 $184, 500 Home Rule Sales o 1.00 /o $18f450fOOO $184, 500 Tax Total Tax Review 5.00/0 X18,450,000 X922,500 Recommendation Staff recommends approval of the Opt -in ordinance which permits New Age to begin to utilize their acquired adult -use cannabis dispensing organization license and associated Opt -in Taxation Ordinance. The manner in which the ""Permit New Age"" ordinance is drafted allows the Village Board to retain control on the issuance of any additional cannabis business establishment licenses through the conditional use process and permits the Villages' existing medical dispensary to operate as a recreational.• dispensary at the same l• • on date of . of the ordinance. Future or • . • of e. • .l cannabis dispensaries would need to demonstrate itself as an appropriate use in a public meeting format through a conditional use process and the Village Board is thereby able to decide on the matter on a case-by-case basis. From a business and zoning perspective, the proposed amendments to the Zoning Code would be applicable to the community as a whole and are not proposed in response to an individual parcel within the Village. The proposed changes are intended to reflect current Village objectives as outlined in the Strategic Plan,, Comprehensive Plan., and other accepted planning documents. These objectives include economic vitality through support,, innovation, and collaboration with the Village's business community. The Village is to ensure that the community"s economy is able to thrive and adapt to changes in the market through innovation and building on local and regional assets. The proposed amendments satisfy tivca, standards •amendments. required in the zoning code. Alternatives 1. Approve the Opt -in ordinance revised to state any person lawfully operating-? medical cannabis dispensing organization within the Village"s B-3 Commercial zoning district shallbe allowed to operate . cannabisdispensing organization at the same location within the Village as a permitted use, as long as that facility also complies with all regulations provided in the Cannabis Regulation J and Tax Act; and associated Opt -in Taxation Ordinance. 2. Approve the Opt -in ordinance without the exception for a existing and lawful operating medical cannabis dispensing origination; and associated Opt -in Taxation Ordinance. I Action at discretion of the Village Board. Staff Recommendation Approve an ordinance regulating cannabis business establishments, including text amendments to Chapter 11 and Chapter 14 of the Village Code. ATTACH P4E NTS. 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'"1 ..,aN 1111, �// I fl f/ I ""f" r g . ��' 2 �J �� 91�" ; '' �� ;iR , 1 1��.. �i� ��9 � s1 I \,1 ,,,,,,,,,,,,, 1 �"I.. , �g � �1 11 . pu �p .. 1111.: _ °m .1 �yyd, , '' p �1d q,,,,,,,,,,u i / gip,,,,,,,,,,,,,,,,,,,,,,,, 1 D �d� d �� I " � �1tt� F�� u�d�1�d ydg11�� I>� ,,,,,,,�' ," ��y1 ,1ygd , �p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,a1`pp N d .. p 1 W ...'" 0 90 ��I� ON 2 Le end g X11 Place of Worshi p o School Village Hall Existing Medical Facility 100' Parcel Buffer Mount Prospect Boundary "��"` °"""°°�1�0PP,,� 1-1 Limited Industrial Zon e 1p,,,,,... k 111.9.. /;/,/�; B-3 Community Shopping Zone Parcels ) 0.35 0.7 1.4 Miles I I I I I I I I I Map Prepared by: 11 Connor Harmon, Development Planner Illinois Department of Financial and Professional Regulation Office of the Secretary JB PRITZKER Governor Updated: November 2, 2020 Illinois adult use cannabis monthly sales figures 2020 DEBORAH HAGAN Secretary Month Items sold In-state resident sales Out-of-state resident sales Sales total January 9721045 $3016111632.22 $816361208.61 $3912471840.83 Februa 831,600 $2516151371 $91189,701.01 $3418051072.01 March 812,203 $2710961931.23 $81805,611.99 $35,9021543.22 April 818,954 $29,7351650.41 $71524,847.47 $3712601497.89 May 989,179 $34,0951756.45 $10,221,629.26 $44,3171385.72 June 9941545 $3512561165.45 $1213901271.80 $4716461437.25 Jul 1,270,063 $4417491787.69 $16,207,193.72 $60,9561981.41 August 1,359,311 $4617491971.04 $171213,875.86 $6319631846.90 September 1,426,166 $49,790,699.44 $17185702.70 $67,6481362.14 October 1,557,880 $54,708,538.09 $20,56902.06 $75,2781200.15 *Thesefigures do not include taxes collected. Those figures will come from the Illinois Department of Revenue. www.facebook.com/ILDFPR www.idfpr.com http://twitter.com/#!/IDFPR 12 Surrounding and R _ � I \ I N,41 I ; I �11111114rAI L L 1 \1 r -; Buffalo Grove --- I- HeightsI _ r I �IIIIIIIIII `m�� I�lou� IT �I _ _ I -- _ I ----Arlington Heights-' s� ; Glenview � 1 i `Rolling Meadows I I um r1j, I 1 ' I - - - � IIIIIIIIIIIIIIIIIII �IIIIII uuuililililililililililiggqlPppppppPPPPPI°� 1 Mount Prospect i Schaumburg illllllllllllllllllllllllllllllll i ------ I uuuuuuuuuuuuuuuuu u I I _ J � , _ - _ � I ! Elk Grove Villaae 1 -- \ r - I � I IY�RYLIiYj �'Y{'kfi)76'4°I 1 in = 3 miles 2 4 8 i Miles 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 5/8-11-22, 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 taxon 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 July 1, 2021, 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 8.2502 Definitions 8.2503 Tax Imposed 8.2504 Liability for Payment 8.2505 Collection of Tax 415168_2 14 8.2506 Rules and Regulations 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 business establishment. FINANCE DEPARTMENT: The Finance Department of the Village of Mount Prospect. CANNABIS BUSINESS 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 business 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. RETAIL SALE OR PURCHASE : Any transfer of the ownership, exchange or barter or any transfer for a valuable consideration. 415168_2 15 8.2503: TAX IMPOSED: A. Beginning on July 1, 2021, 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 Program Act, 410 ILCS 130/1, et seq. ("Medical Cannabis 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 business 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 and regulations" includes, but is not limited to, a case by case determination whether or not the tax imposed by this chapter applies. 415168_2 16 8.2509: RECORDS: A. Every owner, manager or operator of a cannabis business 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 business establishment tax receipts collected for the date in question. 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 business 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 business 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 415168_2 17 into the treasury of the village and shall be credited to and deposited in the general corporate fund of the village and can be used for the following purposes. a. Capital Projects within the Village of Mount Prospect b. Law Enforcement training, travelling, registrations, airfare and other costs for the Drug interdiction and Addiction Programs c. Property Tax Abatements for the Public Safety Pensions d. Additional Law Enforcement and Public Safety (EMS) staffing e. Human Services Programs Funds may be transferred/appropriated from the General Corporate Fund to the appropriate program pool/funds to execute the above-mentioned programs. 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 dollars ($1,500.00). Each day of violation shall constitute a separate and distinct offense. SFCTInN 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. SFr.TI()N 1 - The invalidity of any section or provision of this Ordinance hereby passed and approved shall not invalidate other sections or provisions thereof. 415168_2 im• SFC'TIC)N d - 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 July, 2021. Copies of this Ordinance shall be certified and sent to the Illinois Department of Revenue prior to April 1, 2021. ADOPTED this day of vote as follows: AYES: NAYS: ABSENT: , 2020, pursuant to a roll call PASSED AND APPROVED this day of , 2020 Arlene A. Juracek, Village President ATTEST: Village Clerk 415168_2 19 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 410 ILCS 705/1, et seq. ("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 WHEREAS, on August 1, 2013, the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq. ("Medical Cannabis Act") was signed into law as Public Act 098-0122 and became effective January 1, 2014. Originally a pilot program, the Act was recently made permanent under Pubic Act 101-0363, which became effective August 9, 2019. Under the Medical Cannabis Act, qualifying patients that have been diagnosed by a physician as having a debilitating medical condition, as defined by the Medical Cannabis Act, are authorized to use cannabis without being subject to arrest, prosecution, or denial of any right or privilege for the medical use of cannabis in accordance with the Medical Cannabis Act. In addition, state -registered "medical cannabis dispensing organizations", as defined in the Medical Cannabis Act, are authorized to sell medical cannabis to qualifying patients or state -approved caregivers of qualifying patients; and WHEREAS, while the Medical Cannabis Act preempts municipal authority to wholly prohibit medical cannabis dispensing organizations within municipal borders, it does allow municipalities to enact reasonable zoning regulations in regard to such facilities, provided that the regulations do not conflict with the provisions of the Medical Cannabis Act; and WHEREAS, pursuant to the authority granted under the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.), and the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.) the Village Board of Trustees desires to enact the 20 following regulations with respect to cannabis business establishments within the Village and finds such regulations to be in the best interests of the Village, its residents and businesses. 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," Article XLI "Cannabis Business Establishments Prohibited" of the Mount Prospect Village Code shall be amended to read in its entirety as follows: "ARTICLE XLI Cannabis Business Establishments. 11.4101: Purpose and Applicability 11.4102: Definitions 11.4103: Consumption, Purchase, Acceptance Or Possession Prohibited 11.4104: Building Enhancements 11.4105: Conduct Of Employees And Agents; Supervisor On Premises 11.4106: Compliance With Other Regulations 11.4107: Use of Premises for Consumption 11.4108: Signage Prohibiting Sales 11.4109: Proof of Age Required 11.4110: Operation of A Motor Vehicle In A State Of Impairment 11.4111: Use of False Identification 11.4112: Suspension, Revocation, Fines and Costs. 11.4113: Penalties 11.4114: Advertisement Prohibited. 11.4115: Other Restrictions on Sales for Cannabis Dispensaries. 11.4101: 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 (410 ILCS 705/1, et seq.) ("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 21 11.4102: 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, (410 ILCS 705/1 et seg), as it may be amended from time -to -time, and regulations promulgated thereunder. CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing_ organization, infuser organization, dispensing organization, or transporting organization. CANNABIS CRAFT GROWER: A facility perated 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, (410 ILCS 705/1 et sec), 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, (410 ILCS 705/1 et seq), 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, (410 ILCS 705/1 et seg), 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, perthe Cannabis Regulation and Tax Act, (410 ILCS 705/1 et seg), 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 22 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, (410 ILCS 705/1 et seg), 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, (410 ILCS 705/1 et seg), 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, (410 ILCS 705/1 et seg), 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 owner, manager,proprietor, employee, volunteer or act To the extent a word or term is defined in the Compassionate Use of Medical Cannabis Program Act or in the Cannabis Regulation and Tax Act and is not included within the Definitions above, that word or term shall have the same meaning as provided by those Acts. 11.4103: 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 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, 23 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, (410 ILCS 705/1 et seg). 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 1 LCS 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 encourage the sale of cannabis or cannabis products by giving 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. 11.4104: 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 a 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. 11.4105: 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. 24 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_. 11.4106: 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. 11.4107: 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. 11.4108: 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 sib 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. 11.4109: 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. 25 11.4110: 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, "op eration of a motor vehicle" shall have the definition ascribed to it in the Illinois vehicle code. 11.4111: 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. 11.4112: 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 state, municipality or licensing authority_. 11.4113: 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 26 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. 11.4114: 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 libra[y 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 (410 I LCS 705/1 et sec), and Chapter 7 of the Village code shall apply. 11.4115: Other Restrictions on Sales for Cannabis Dispensaries: a. Operating hours. A dispensing organization may operate between 6 A.M. and 10 P.M. as permitted b, lY aw. b. A dispensing_ organization mayonl, 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 100 milliliters. 27 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 guantit, and price on the receipt; f. Sell clones or any other live plant material; g. Have fewer than 2 people working at the dispensaa at any time while the dispensarypen 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 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 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 m 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," Article VI "Zoning Districts" of the Mount Prospect Village Code shall be amended as follows: 14.604 Land Use Table: Commercial and Industrial Zoning Districts SECTION 4. Chapter 14 "Zoning," Article XVII "B-3 Community Shopping District" of the Mount Prospect Village Code shall be amended as follows: 14.1704 Bulk Regulations: E. Restrictions on Business Uses: 3. CANNABIS BUSINESS ESTABLISHMENTS: a. Cannabis DisDensina Oraanization: In those zonina districts in which a 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 10 29 B-1 B-2 B-3 B-4 B-5 B -5C O/R 1-1 1-3 Cannabis Craft Grower C Cannabis Cultivation C Center Cannabis Dispensing C C Organization Cannabis Infuser C Organization Cannabis Processing C Organization Cannabis Transporting C Organization Medical Cannabis C Cultivation Center Medical Cannabis P P P P P C Dispensing Organization SECTION 4. Chapter 14 "Zoning," Article XVII "B-3 Community Shopping District" of the Mount Prospect Village Code shall be amended as follows: 14.1704 Bulk Regulations: E. Restrictions on Business Uses: 3. CANNABIS BUSINESS ESTABLISHMENTS: a. Cannabis DisDensina Oraanization: In those zonina districts in which a 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 10 29 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 not conduct any sales or distribution of cannabis other than as authorized by the Act. ii. Facility may not be located within 1,500 feet of the property line of another Cannabis Business Establishment. b. Co -Location of Cannabis Business Establishments. The Villaae may acarove 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. c. On the date of enactment of this ordinance, any person lawfully perating a medical cannabis dispensing organization within the Village's B-3 Commercial zoning district shall be allowed to operate a cannabis dispensing organization at the same location within the Village as a permitted use, as long as that facility complies with all regulations provided in the Cannabis Regulation and Tax Act X410 ILCS 705/1 et seg.), as it is amended from time -to -time, and regulations promulgated thereunder, and the regulations provided within this Chapter as well as all other provisions of the Village Code specifically Chapter 11, Article XLI. SECTION 5 Chapter 14 "Zoning," Article XXI 1-1 Limited Industrial District" of the Mount Prospect Village Code shall be amended as follows: 14.2104 Bulk Regulations: F. Restrictions on Industrial Uses: 3. CANNABIS: a. Cannabis Craft Grower: In those zonina districts in which a 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, prima 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. 11 30 iii. Facility may not be located within 1,500 feet of the property line of another Cannabis Business Establishment. iv. Maximum and minimum building sg uare footage pursuant to the Cannabis Regulation and Tax Act, (410 ILCS 705/1 et sec,. b. Cannabis Cultivation Center: In those zoning districts in which a Cannabis Cultivation Center may be located, the proposed facility must comply with the following: L Facility not be located within 100 feet of the property line of a pre-existing public or private or parochial school, primary 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. iv. Maximum and minimum building square footage pursuant to the Cannabis Regulation and Tax Act, (410 ILCS 705/1 et sect. c. Cannabis DisDensina Oraanization: In those zonina districts in which a Cannabis Dispensing 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 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. d. Cannabis Infuser Organization: In those zoning districts in which a Cannabis Infuser 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 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. 12 31 e. Cannabis Processing Organization: In those zoning districts in which a Cannabis Processing Organization may be located, the proposed facility must comply the following i. Facility not be located within 100 feet of the property line of a pre-existing public or private or parochial school, primary 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 a Transporting Organization may be located, the proposed facility must comply 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, prima 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. Facilites 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 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. 13 32 SECTION 7. Chapter 14 "Zoning," Article XXIV "Definitions" of the Mount Prospect Village Code shall be amended to add the following definitions in their proper alphabetical order: 14.2401 Purpose: 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 11.41 n2 CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: Refer to Section 11.4102 MEDICAL CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is registered by the applicable State of Illinois agency designated to oversee said facility to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis in accordance with the laws of the State of Illinois. MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is registered by the applicable State of Illinois agency designated to oversee said facility to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualify ng patient cardholder status, or an Opioid Alternative Pilot Program participant in accordance with the laws of the State of Illinois. MEDICAL CANNABIS ORGANIZATION: This term refers to Medical Cannabis Cultivation Centers and Medical Cannabis Dispensing Organizations as they are defined in the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq. 14 33 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 by me this day of )2020. Arlene A. Juracek, Village President ATTEST: Village Clerk 15 34 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 410 ILCS 705/1, et seq. ("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 WHEREAS, on August 1, 2013, the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq. ("Medical Cannabis Act") was signed into law as Public Act 098-0122 and became effective January 1, 2014. Originally a pilot program, the Act was recently made permanent under Pubic Act 101-0363, which became effective August 9, 2019. Under the Medical Cannabis Act, qualifying patients that have been diagnosed by a physician as having a debilitating medical condition, as defined by the Medical Cannabis Act, are authorized to use cannabis without being subject to arrest, prosecution, or denial of any right or privilege for the medical use of cannabis in accordance with the Medical Cannabis Act. In addition, state -registered "medical cannabis dispensing organizations", as defined in the Medical Cannabis Act, are authorized to sell medical cannabis to qualifying patients or state -approved caregivers of qualifying patients; and WHEREAS, while the Medical Cannabis Act preempts municipal authority to wholly prohibit medical cannabis dispensing organizations within municipal borders, it does allow municipalities to enact reasonable zoning regulations in regard to such facilities, provided that the regulations do not conflict with the provisions of the Medical Cannabis Act; and WHEREAS, pursuant to the authority granted under the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.), and the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.) the Village Board of Trustees desires to enact the following regulations with respect to adult -use cannabis business establishments within 35 the Village and finds such regulations to be in the best interests of the Village, its residents and businesses. 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," Article XLI "Cannabis Business Establishments Prohibited" of the Mount Prospect Village Code shall be amended to read in its entirety as follows: "ARTICLE XLI Cannabis Business Establishments. 11.4101: Purpose and Applicability 11.4102: Definitions 11.4103: Consumption, Purchase, Acceptance Or Possession Prohibited 11.4104: Building Enhancements 11.4105: Conduct Of Employees And Agents; Supervisor On Premises 11.4106: Compliance With Other Regulations 11.4107: Use of Premises for Consumption 11.4108: Signage Prohibiting Sales 11.4109: Proof of Age Required 11.4110: Operation of A Motor Vehicle In A State Of Impairment 11.4111: Use of False Identification 11.4112: Suspension, Revocation, Fines and Costs. 11.4113: Penalties 11.4114: Advertisement Prohibited. 11.4115: Other Restrictions on Sales for Cannabis Dispensaries. 11.4101: 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 (410 ILCS 705/1, et seq.) ("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 36 11.4102: 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, (410 ILCS 705/1 et seg), as it may be amended from time -to -time, and regulations promulgated thereunder. CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing_ organization, infuser organization, dispensing organization, or transporting organization. CANNABIS CRAFT GROWER: A facility perated 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, (410 ILCS 705/1 et seg), 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, (410 ILCS 705/1 et seq), 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, (410 ILCS 705/1 et seg), 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, perthe Cannabis Regulation and Tax Act, (410 ILCS 705/1 et seq), 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 37 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, (410 ILCS 705/1 et seg), 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, (410 ILCS 705/1 et seg), 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, (410 ILCS 705/1 et seq), 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. To the extent a word or term is defined in the Compassionate Use of Medical Cannabis Program Act or in the Cannabis Regulation and Tax Act and is not included within the Definitions above, that word or term shall have the same meaning as provided by those Acts. 11.4103: 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 or deliver for promotional purposes, either retail or wholesale, any cannabis, cannabis -infused products, cannabis seeds, paraphernalia or related supplies within the Villa 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 m of the Cannabis Regulation and Tax Act, (410 ILCS 705/1 et sec). 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 1 LCS 130/1 et seq. c. It shall be unlawful for any person under twenty-one (21) years of age to consume, purchase, accept 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 encourage the sale of cannabis or cannabis products by giving 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. 11.4104: 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 a 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. 11.4105: 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. 39 d. A dispensing organization shall submit a list to the State of the names of all service professionals that will work at the dispensary. 11.4106: 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. 11.4107: 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. 11.4108: 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. 11.4109: Proof of Age Required: No cannabis products may be sold to any person under twenty seven (27) years of a unless that person has provided, at the point of purchase, a government issued photo identification showing date of birth. w 11.4110: 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, "op eration of a motor vehicle" shall have the definition ascribed to it in the Illinois vehicle code. 11.4111: 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. 11.4112: 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; 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. 11.4113: Penalties: Nothing herein shall prevent the Village from proceeding gainst 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. 41 11.4114: 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 facilites recreation center or facility, child care center, public park or libra[y or any recreation center that admits persons under a__ a 21; b. On or in a publicly -owned or publicly -operated property 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 anyimage 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 (410 ILCS 705/1 et seg), and Chapter 7 of the Village code shall apply. 11.4115: Other Restrictions on Sales for Cannabis Dispensaries: a. Operating hours. A dispensing organization may operate between 6 A.M. and 10 P.M. as permitted by law. b. A dispensing organization mayonly 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 guantity and price on the receipt; 42 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 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 deliver p. Produce or manufacture cannabis; q. Accept a cannabis product from an adult use cultivation center, craft _rower, 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." 43 SECTION 3. Chapter 14 "Zoning," Article VI "Zoning Districts" of the Mount Prospect Village Code shall be amended as follows: 14.604 Land Use Table: Commercial and Industrial Zoning Districts SECTION 4. Chapter 14 "Zoning," Article XVII "B-3 Community Shopping District" of the Mount Prospect Village Code shall be amended as follows: 14.1704 Bulk Regulations: E. Restrictions on Business Uses: 3. CANNABIS BUSINESS ESTABLISHMENTS: a. Cannabis DisDensina Oraanization: In those zonina districts in which a 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 not be located within 1,500 feet of the property line of another Cannabis Business Establishment. 10 B-1 B-2 B-3 B-4 B-5 B -5C O/R 1-1 1-3 Cannabis Craft Grower C Cannabis Cultivation C Center Cannabis Dispensing C C Organization Cannabis Infuser C Organization Cannabis Processing C Organization Cannabis Transporting C Or anization Medical Cannabis C Cultivation Center Medical Cannabis P P P P P C Dispensing Organization SECTION 4. Chapter 14 "Zoning," Article XVII "B-3 Community Shopping District" of the Mount Prospect Village Code shall be amended as follows: 14.1704 Bulk Regulations: E. Restrictions on Business Uses: 3. CANNABIS BUSINESS ESTABLISHMENTS: a. Cannabis DisDensina Oraanization: In those zonina districts in which a 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 not be located within 1,500 feet of the property line of another Cannabis Business Establishment. 10 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," Article XXI 1-1 Limited Industrial District" of the Mount Prospect Village Code shall be amended as follows: 14.2104 Bulk Regulations: F. Restrictions on Industrial Uses: 3. CANNABIS: a. Cannabis Craft Grower: In those zoning districts in which a Cannabis Craft Grower may be located, the proposed facility must comply with the followincL 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 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, (410 ILCS 705/1 et seq. b. Cannabis Cultivation Center: In those zoning districts in which a 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. 11 45 iv. Maximum and minimum building square footage pursuant to the Cannabis Regulation and Tax Act, (410 ILCS 705/1 et seq. c. Cannabis Dispensing Organization: In those zoning districts in which a Cannabis Dispensing Organization may be located, the proposed facility must comply 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 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. d. Cannabis Infuser Organization: In those zoning districts in which a Cannabis Infuser 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 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 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 a Cannabis Processing 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 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 be located within 1,500 feet of the property line of another Cannabis Business Establishment. f. Cannabis TransDortina Oraanization: In those zonina districts in which a 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 secondary school, churches, synagogues, mosques, or other houses 12 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. Facilites 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 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," Article XXIV "Definitions" of the Mount Prospect Village Code shall be amended to add the following definitions in their proper alphabetical order: 14.2401 Purpose: 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 4ing CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: Refer to Section 11.4109 MEDICAL CANNABIS CULTIVATION CENTER: A facility perated by an organization or business that is registered by the applicable State of Illinois agency designated to oversee said facility to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis in accordance with the laws of the State of Illinois. 13 M MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility perated by an organization or business that is registered by the applicable State of Illinois agency designated to oversee said facility to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualifying patient cardholder status, or an Opioid Alternative Pilot Program participant in accordance with the laws of the State of Illinois. MEDICAL CANNABIS ORGANIZATION: This term refers to Medical Cannabis Cultivation Centers and Medical Cannabis Dispensing Organizations as they are defined in the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq. 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 by me this day of , 2020. Arlene A. Juracek, Village President ATTEST: Village Clerk 14