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HomeMy WebLinkAbout8.1 1st reading of AN ORDINANCE AMENDING CHAPTER 11, "MERCHANTS, BUSINESSES AND OCCUPATIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOISSubject Meeting Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information Item Cover Page AN ORDINANCE AMENDING CHAPTER 11, "MERCHANTS, BUSINESSES AND OCCUPATIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS June 2, 2026 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD 1►1 NEW BUSINESS Action Item Zastava Arms, LLC and Redstar Ordnance, LLC (the ""Petitioner") are requesting amendments to Chapter 11 of the Mount Prospect Village Code to establish local regulations regarding the retail sale of firearms within the Village. Specifically, the proposed amendment would prohibit the retail sale of firearms within one-fourth (0.25) mile of a school and its campus or a public park, clarify that the Cook County Deadly Weapons Dealer Control Ordinance does not apply within Village limits, and establish penalties for violations. The requested text amendments were initiated in connection with the property located at 105 Weiler Road. More than four years ago, Zastava Arms first approached the Village regarding the potential purchase and occupancy of the property for wholesale/import, manufacturing, and distribution operations rather than a traditional public -facing retail firearm dealer use. At the time, the business was operating out of Des Plaines and represented that it intended to relocate its operations to Mount Prospect following acquisition and renovation of the Weiler Road property. Following review, staff determined the proposed operations to be permissible within the I-1 Limited Industrial District. The business subsequently proceeded with the purchase of the property, completed renovations and tenant improvements, and obtained the necessary permits and a general business license from the Village. The Petitioner has continued operating out of its Des Plaines location during the renovation and transition process. However, with the Des Plaines lease set to expire in July, the Petitioner is now attempting to complete its relocation to Mount Prospect but has been unable to obtain final approval for licensure due to the conflict between Cook County's firearms ordinance and the Village's current code structure. The Village Code is currently silent regarding firearm -specific licensing classifications and operational regulations, including distinctions between retail firearm dealers and manufacturing, importing, or wholesale firearm -related businesses. As a result, Cook County has interpreted and applied its own firearms licensing ordinance and associated one (1) mile separation requirements to the property. If imposed, County requirements would prohibit operation of Zastava Arms and Redstar Ordnance at the subject property. Staff has communicated directly with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Illinois State Police regarding the nature of the operations. Staffs understanding is that Zastava Arms USA holds both a Type 07 Federal Firearms License (""FFL") (Manufacturer of Firearms Other Than Destructive Devices) and a Type 08 FFL (Importer of Firearms Other Than Destructive Devices), while Redstar Ordnance holds a Type 11 FFL (Importer of Destructive Devices, Ammunition for Destructive Devices, or Armor Piercing Ammunition). Staff further understands that neither business operates as a traditional retail firearm dealer open to the public or facilitates civilian firearm transfers on -site. Based on discussions with the ATF and Illinois State Police, staff understands that state firearm retail buffer requirements generally associated with public -facing retail firearm sales locations do not apply to the businesses as currently structured. However, Cook County has maintained that its ordinance and associated one -mile separation requirements apply to the operations and that the subject property does not satisfy the County's location standards. The Petitioner currently operates in Des Plaines, which has adopted local firearm -related regulations generally consistent with state requirements and has superseded the applicability of Cook County"s ordinance within its municipal boundaries. As property owners within Mount Prospect, the Petitioners are entitled to request amendments to the Village Code, which the Village is required to process and consider through the standard public review process. The proposed amendment would establish a local regulatory framework more closely aligned with state law, provide greater clarity regarding the distinction between retail firearm sales and industrial firearm -related operations, and supersede the applicability of the Cook County ordinance within Village limits. Discussion The proposed amendments are intended to establish a local regulatory framework for firearms -related businesses that more clearly distinguishes between public -facing retail firearm dealers and industrial, manufacturing, importing, wholesaling, and distribution -related firearm operations. Currently, the Village Code does not contain regulations specific to firearm -related businesses or distinctions between the various federal firearms license classifications. As a result, businesses operating within Mount Prospect are presently subject to broader County interpretations and regulations due to the absence of local standards. The proposed ordinance would establish a local framework that mirrors the State's emphasis on regulating retail firearm sales locations that are open to the public while allowing the Village to more clearly define how non -retail firearm -related industrial uses are treated under the Code. The amendments are also intended to provide greater regulatory clarity for businesses, property owners, residents, and enforcement agencies regarding permitted operations and applicable location restrictions. The proposed text amendment does not authorize public -facing retail firearm sales at the Weiler Road property. Based on staffs understanding and representations from the businesses, the operations remain limited to manufacturing, importing, wholesale, and distribution activities and do not involve on -site civilian retail firearm transactions. Alternatives 1. Approve the proposed text amendments as presented. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends approval of the proposed text amendments. Staff believes the amendments establish a clearer and more tailored local regulatory framework regarding firearm -related businesses while preserving restrictions on retail firearm sales near sensitive land uses such as schools and parks. Staff further believes the amendments provide greater clarity regarding the distinction between public -facing retail firearm dealers and industrial firearm -related operations involving manufacturing, importing, wholesaling, and distribution activities. Attachments 1. Ordinance 2. Firearm Sales Buffer Map ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, "MERCHANTS, BUSINESSES AND OCCUPATIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS: Section 1: Chapter 11, "Licenses and Permits" of the Mount Prospect Village Code shall be amended by adding Article XIII, "Firearms Dealers," as follows: 11.101: Prohibition on the Retail Sale of Firearms A. The retail sale of firearms within one-fourth (0.25) mile of a school and its campus or a public park is prohibited. Each retail sale of firearms in violation of this subsection shall constitute a separate and distinct violation. B. The provisions of the Cook County Deadly Weapons Dealer Control ordinance do not apply within the corporate limits of the Village. 11.102: Penalties A. Failure to comply with the provisions of this article shall result in a daily fine in the amount of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00) per day. Each day of operation in violation of subsection 11.101 of this article shall constitute a separate and distinct violation. B. The sale of firearms at a prohibited location is punishable by a fine as provided in subsection A of this section. Each sale in violation of this article shall constitute a separate and distinct violation. ADOPTED this day of AYES: NAYS: ABSENT: , 2026, pursuant to a roll call vote as follows: 21345311 APPROVED by me this day of , 2026, and attested to by the Village Clerk this same day. Mayor Paul Wm. Hoefert ATTEST: Karen Agoranos, Village Clerk 2134531_1 i"no w samm 1i� p 'I'm MOM Central IIIIIIIIIIIIIII Schools - 114 Mile Buffer Parks - 114 Mile Buffer Industrial Zoned Parcels (/-I., /-Z 1-3 B3 Parcels B4 PArcels d...... .....��J "Ili, � MENUS 12 1 Wes