[HISTORY: Adopted by the Village Board of the Village of
Harristown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-18-2022 by Ord. No. 22-07; amended in its entirety 11-27-2023 by Ord. No.
23-23]
The descriptions of various cannabis businesses (collectively
referred to as "adult-use cannabis business establishments") shall
be as follows:
(A)
Adult-use cannabis designated consumption area (hereafter "DCA").
Real property which the Village of Harristown has issued a license
for the consumption of cannabis or a cannabis-infused product thereupon,
and upon which such consumption is not otherwise prohibited per the
Cannabis Regulation and Tax Act (P.A. 101-0027),[1] or other applicable Illinois law, as may be amended from
time to time, and regulations promulgated thereunder.
[1]
Editor's Note: See 410 ILCS 705/1-1 et seq.
(B)
Adult-use cannabis craft grower. A facility operated by an organization
or business that is licensed by the Illinois Department of Agriculture
to cultivate, dry, cure and package cannabis and perform other necessary
activities to make cannabis available for sale at a dispensing organization
or use at a processing organization, per the Cannabis Regulation and
Tax Act (P.A. 101-0027), as it may be amended from time to time, and
regulations promulgated thereunder.
(C)
Adult-use cannabis cultivation center. A facility operated by an
organization or business that is licensed by the Illinois Department
of Agriculture to cultivate, process, transport and perform necessary
activities to provide cannabis and cannabis-infused products to licensed
cannabis business establishments, per the Cannabis Regulation and
Tax Act (P.A. 101-0027), as it may be amended from time to time, and
regulations promulgated thereunder.
(D)
Adult-use cannabis dispensing organization. A facility operated by
an organization or business that is licensed by the Illinois Department
of Financial and Professional Regulation to acquire cannabis from
licensed cannabis business establishments for the purpose of selling
or dispensing cannabis, cannabis-infused products, cannabis seeds,
paraphernalia or related supplies to purchasers or to qualified registered
medical cannabis patients and caregivers, per the Cannabis Regulation
and Tax Act (P.A. 101-0027), as it may be amended from time to time,
and regulations promulgated thereunder.
(E)
Adult-use cannabis infuser organization or infuser. A facility operated
by an organization or business that is licensed by the Illinois Department
of Agriculture to directly incorporate cannabis or cannabis concentrate
into a product formulation to produce a cannabis-infused product,
per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may
be amended from time to time, and regulations promulgated thereunder.
(F)
Adult-use cannabis processing organization or processor. A facility
operated by an organization or business that is licensed by the Illinois
Department of Agriculture to either extract constituent chemicals
or compounds to produce cannabis concentrate or incorporate cannabis
or cannabis concentrate into a product formulation to produce a cannabis
product, per the Cannabis Regulation and Tax Act (P.A. 101-0027),
as it may be amended from time to time, and regulations promulgated
thereunder.
(G)
Adult-use cannabis transporting organization or transporter. An organization
or business that is licensed by the Illinois Department of Agriculture
to transport cannabis on behalf of a cannabis business establishment
or a community college licensed under the Community College Cannabis
Vocational Training Pilot Program, per the Cannabis Regulation and
Tax Act (P.A. 101-0027), as it may be amended from time to time, and
regulations promulgated thereunder.
(A)
Purpose and applicability. It is the intent and purpose of this chapter
to provide regulations regarding the cultivation, processing and dispensing
of adult-use cannabis occurring within the corporate limits of the
Village. Such facilities shall comply with all regulations provided
in the Cannabis Regulation and Tax Act (P.A. 101-0027) ("Act"),[1] 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.
[1]
Editor's Note: See 410 ILCS 705/1-1 et seq.
(B)
Approval of location. Adult-use cannabis business establishments,
as defined herein, shall require the approval of the Village Board
as to the proposed location.
(C)
Adult-use cannabis business establishment components. In determining
compliance with this chapter, the following components of the adult-use
cannabis business establishment's facilities shall be evaluated
based on the entirety of the circumstances affecting the particular
property in the context of the existing and intended future use of
the properties, including:
(1)
Impact of the proposed facility on existing or planned uses
located within the vicinity of the subject property.
(2)
Proposed structure in which the facility will be located, total
square footage, security installations/security plan and building
code compliance, if applicable.
(3)
Hours of operation and anticipated number of customers/employees.
(4)
Anticipated parking demand and available private parking supply.
(5)
Anticipated traffic generation in the context of adjacent roadway
capacity and access to such roadways.
(6)
Site design, including access points and internal site circulation.
(7)
Proposed signage plan.
(8)
Compliance with all requirements provided in Subsection (D)
(Adult-use cannabis craft grower); Subsection (E) (Adult-use cannabis
cultivation center); Subsection (F) (Adult-use cannabis dispensing
organization); Subsection (G) (Adult-use cannabis infuser organization);
Subsection (H) (Adult-use cannabis processing organization); or Subsection
(I) (Adult-use cannabis transporting organization), as applicable.
(9)
Other criteria determined to be necessary to assess compliance
with this chapter.
(D)
Adult-use cannabis craft grower. In those areas in which an adult-use
cannabis craft grower may be located, the proposed facility must comply
with the following:
(1)
Facility may not be located within 1,500 feet of the property
line of a preexisting public or private nursery school, preschool,
primary or secondary school, day care center, day-care home or residential
care home. Learning centers and vocational/trade centers shall not
be classified as a public or private school for purposes of this chapter.
(2)
Facility may not be located within 500 feet of the property
line of a preexisting property used for residential purposes.
(3)
Facility may not conduct any sales or distribution of cannabis
other than as authorized by the Act.
(4)
Petitioner shall file an affidavit with the Village affirming
compliance with this chapter as provided herein and all other requirements
of the Act.
(E)
Adult-use cannabis cultivation center. In those areas in which an
adult-use cannabis cultivation center may be located, the proposed
facility must comply with the following:
(1)
Facility may not be located within 1,500 feet of the property
line of a preexisting public or private nursery school, preschool,
primary or secondary school, day-care center, day-care home or residential
care home. Learning centers and vocational/trade centers shall not
be classified as a public or private school for purposes of this chapter.
(2)
Facility may not be located within 500 feet of the property
line of a preexisting property used for residential purposes.
(3)
Facility may not conduct any sales or distribution of cannabis
other than as authorized by the Act.
(4)
Petitioner shall file an affidavit with the Village affirming
compliance with this chapter as provided herein and all other requirements
of the Act.
(F)
Adult-use cannabis dispensing organization. In those areas in which
an adult-use cannabis dispensing organization may be located, the
proposed facility must comply with the following:
(1)
Facility may not be located within 1,500 feet of the property
line of a preexisting public or private nursery school, preschool,
primary or secondary school, day-care center, day-care home or residential
care home. Learning centers and vocational/trade centers shall not
be classified as a public or private school for purposes of this chapter.
(2)
Facility may not be located in a dwelling unit or within 250
feet of the property line of a preexisting property used for residential
purposes.
(3)
At least 75% of the floor area of any tenant space occupied
by a dispensing organization shall be devoted to the activities of
the dispensing organization as authorized by the Act, and no dispensing
organization shall also sell food for consumption on the premises
other than as authorized below in the same tenant space.
(4)
Facility may not conduct any sales or distribution of cannabis
other than as authorized by the Act.
(5)
Petitioner shall file an affidavit with the Village affirming
compliance with this chapter as provided herein and all other requirements
of the Act.
(G)
Adult-use cannabis infuser organization. In those areas in which
an adult-use cannabis infuser organization may be located, the proposed
facility must comply with the following:
(1)
Facility may not be located within 1,500 feet of the property
line of a preexisting public or private nursery school, preschool,
primary or secondary school, day-care center, day-care home or residential
care home. Learning centers and vocational/trade centers shall not
be classified as a public or private school for purposes of this chapter.
(2)
Facility may not be located in a dwelling unit or within 250
feet of the property line of a preexisting property zoned or used
for residential purposes.
(3)
At least 75% of the floor area of any tenant space occupied
by an infusing organization shall be devoted to the activities of
the infusing organization as authorized by the Act. The facility may
not conduct any sales or distribution of cannabis other than as authorized
by the Act.
(4)
Petitioner shall file an affidavit with the Village affirming
compliance with this chapter as provided herein and all other requirements
of the Act.
(H)
Adult-use cannabis processing organization. In those areas in which
an adult-use cannabis processing organization may be located, the
proposed facility must comply with the following:
(1)
Facility may not be located within 1,500 feet of the property
line of a preexisting public or private nursery school, preschool,
primary or secondary school, day-care center, day-care home or residential
care home. Learning centers and vocational/trade centers shall not
be classified as a public or private school for purposes of this chapter.
(2)
Facility may not be located in a dwelling unit or within 250
feet of the property line of a preexisting property zoned or used
for residential purposes.
(3)
At least 75% of the floor area of any tenant space occupied
by a processing organization shall be devoted to the activities of
the processing organization as authorized by the Act. The facility
may not conduct any sales or distribution of cannabis other than as
authorized by the Act.
(4)
Petitioner shall file an affidavit with the Village affirming
compliance with this chapter as provided herein and all other requirements
of the Act.
(I)
Adult-use cannabis transporting organization. In those areas in which
an adult-use cannabis transporting organization may be located, the
proposed facility must comply with the following:
(1)
Facility may not be located within 1,500 feet of the property
line of a preexisting public or private nursery school, preschool,
primary or secondary school, day-care center, day-care home or residential
care home. Learning centers and vocational/trade centers shall not
be classified as a public or private school for purposes of this chapter.
(2)
Facility may not be located in a dwelling unit or within 250
feet of the property line of a preexisting property zoned or used
for residential purposes.
(3)
The transporting organization shall be the sole use of the tenant
space in which it is located. Facilities may not conduct any sales
or distribution of cannabis other than as authorized by the Act.
(4)
Petitioner shall file an affidavit with the Village affirming
compliance with this chapter as provided herein and all other requirements
of the Act.
(J)
Additional requirements. The petitioner shall install building enhancements,
such as security cameras, lighting or other improvements, as set forth
in the conditional use permit, to ensure the safety of employees and
customers of the adult-use cannabis business establishments, as well
as its environs. Said improvements shall be determined based on the
specific characteristics of the floor plan for an adult-use cannabis
business establishment and the site on which it is located, consistent
with the requirements of the Act.
(K)
Co-location of cannabis business establishments. The Village may
approve the co-location of an adult-use cannabis dispensing organization
with an adult-use cannabis craft grower center or an adult-use cannabis
infuser organization, or both, subject to the provision of the Act
and the criteria within the Revised Code. In a co-location, the floor
space requirements shall not apply, but the co-located establishments
shall be the sole use of the tenant space.
The annual fee for any of the businesses listed in § 22-1-2 shall be $2,500 per year. The fee shall be payable on or before January 1 of each calendar year.
All licensed businesses shall comply with all the regulations
established by state statutes authorizing the production, transport,
sale, use, and consumption of cannabis products.
(B)
In the interest of allowing law enforcement to focus on violent and
property crimes, generating revenue for education, substance abuse
prevention and treatment, freeing public resources to invest in communities
and other public purposes, and individual freedom, the Village of
Harristown finds and declares that the use of cannabis in certain
designated consumption areas should be legal for persons 21 years
of age or older and should be regulated in a manner similar to how
the Village handles alcohol so that:
(1)
Persons will have to show proof of age before consuming cannabis
in designated consumption area;
(2)
Consuming cannabis by minors and other persons under 21 years
of age shall remain illegal;
(3)
Driving under the influence of cannabis, operating a watercraft
under the influence of cannabis, and operating a snowmobile under
the influence of cannabis shall remain illegal;
(4)
Legitimate, taxpaying business people, and not criminal actors,
will conduct and control designated consumption areas for cannabis.
(5)
The Village further finds and declares that it is necessary
to ensure consistency and fairness in the application of this Act
throughout the Village and that, therefore, the matters addressed
by this chapter are matters of Village concern.
(7)
The Village supports and encourages labor neutrality in the
cannabis industry and further finds and declares that employee workplace
safety shall not be diminished and employer workplace policies shall
be interpreted broadly to protect employee safety.
(C)
Also see 410 ILCS 705/1-5.
Unless the context otherwise requires, the words and phrases
herein defined are used in this chapter in the sense given them in
the following definitions:
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; billboard advertising;
and the display of window and interior signs. "Advertise" does not
mean exterior signage displaying only the name of the licensed cannabis
business establishment.
Marijuana, hashish, and other substances that are identified
as including any parts of the plant Cannabis sativa and including
derivatives or subspecies, such as indica, of all strains of cannabis,
whether growing or not; the seeds thereof, the resin extracted from
any part of the plant; and any compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin, including
tetrahydrocannabinol (THC) and all other naturally produced cannabinol
derivatives, whether produced directly or indirectly by extraction;
however, "cannabis" does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted from
it), fiber, oil or cake, or the sterilized seed of the plant that
is incapable of germination. "Cannabis" does not include industrial
hemp as defined and authorized under the Industrial Hemp Act.[1] "Cannabis" also means cannabis flower, concentrate, and
cannabis-infused products.
A product derived from cannabis that is produced by extracting
cannabinoids, including tetrahydrocannabinol (THC), from the plant
through the use of propylene glycol, glycerin, butter, olive oil or
other typical cooking fats; water, ice, or dry ice; or butane, propane,
CO2, ethanol, or isopropanol and with the intended use of smoking
or making a cannabis-infused product. The use of any other solvent
is expressly prohibited unless and until it is approved by the Department
of Agriculture.
A sealed, traceable container or package used for the purpose
of containment of cannabis or cannabis-infused product during transportation.
Marijuana, hashish, and other substances that are identified
as including any parts of the plant Cannabis sativa and including
derivatives or subspecies, such as indica, of all strains of cannabis;
including raw kief, leaves, and buds, but not resin that has been
extracted from any part of such plant; nor any compound, manufacture,
salt, derivative, mixture, or preparation of such plant, its seeds,
or resin.
Equipment, products, or materials intended to be used for
planting, propagating, cultivating, growing, harvesting, manufacturing,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, ingesting, or otherwise introducing
cannabis into the human body.
A beverage, food, oil, ointment, tincture, topical formulation,
or another product containing cannabis or cannabis concentrate that
is not intended to be smoked.
To shut up so as to prevent entrance or access by any person;
and the entire suspension of the business.
Any corporation or other organized business entity, domestic
or foreign, doing business in the State of Illinois.
A single theme.
A natural person.
Any individual employed by any licensed place of business,
provided said individual possesses the same qualifications required
of the licensee. Satisfactory evidence of such employment will be
furnished the Village Board in the form and manner as such Board shall
from time to time prescribe.
Ownership of at least 51% of the business, including corporate
stock if a corporation, and control over the management and day-to-day
operations of the business and an interest in the capital, assets,
and profits and losses of the business proportionate to percentage
of ownership.
Any bottle, can, paper wrapping or other receptacle or container,
whatsoever, used, capped, sealed and labeled by the manufacturer or
a licensed DCA business.
Any individual who is a member of a copartnership. "Copartnership"
means an association of two or more persons to carry on as co-owners
of a business for profit.
A natural individual, firm, partnership, association, joint-stock
company, joint venture, public or private corporation, limited-liability
company, or a receiver, executor, trustee, guardian, or other representative
appointed by order of any court.
The amount of cannabis under 410 ILCS 705/10-10 that may
be possessed at any one time by a person 21 years of age or older
or who is a registered qualifying medical cannabis patient or caregiver
under the Compassionate Use of Medical Cannabis Program Act.[2]
Includes a cannabis business establishment applicant or licensed
cannabis business establishment's board member, owner with more
than 1% interest of the total cannabis business establishment or more
than 5% interest of the total cannabis business establishment of a
publicly traded company, president, vice president, secretary, treasurer,
partner, officer, member, manager member, or person with a profit
sharing, financial interest, or revenue sharing arrangement. The definition
includes a person with authority to control the cannabis business
establishment, a person who assumes responsibility for the debts of
the cannabis business establishment and who is further defined in
this Act.
A prearranged private party, function, or event for a specific
social or business occasion, either by invitation or reservation and
not open to the general public, where the guests in attendance are
provided services in a room or rooms designated and used exclusively
for the private party, function or event.
A person 21 years of age or older who acquires cannabis for
a valuable consideration. "Purchaser" does not include a cardholder
under the Compassionate Use of Medical Cannabis Program Act.[3]
Any person (other than a corporation) who has resided and
maintained a bona fide residence in the State of Illinois for at least
one year and in the Village and county in which the premises covered
by the license are located for at least 90 days prior to making application
for such license and is a registered voter.
Any transfer, exchange or barter in any manner or by any
means whatsoever for a consideration, and includes and means all sales
made by any person, whether principal, proprietor, agent, servant
or employee.
Refer to any sales for any tangible items, including, but
not limited to, any food and beverage items, excluding the sale of
any cannabis or cannabis-infused product, which are prohibited under
this chapter and pursuant to any DCA license issued hereunder.
The inhalation of smoke caused by the combustion of cannabis.
A cannabis-infused solution, typically comprised of alcohol,
glycerin, or vegetable oils, derived either directly from the cannabis
plant or from a processed cannabis extract. A tincture is not an alcoholic
liquor as defined in the Liquor Control Act of 1934.[4] A tincture shall include a calibrated dropper or other
similar device capable of accurately measuring servings.
No person or entity shall allow the consumption of cannabis
or cannabis-infused products in a public place within the limits and
territory of this municipality unless such public place is licensed
as a DCA by the Village in the manner herein provided. No person or
entity shall locate, operate, or otherwise conduct any business within
the Village which business is an adult-use cannabis business establishment,
unless same business and its conduct be licensed by the Village in
the manner herein provided.
No license shall issue for a DCA or any adult-use cannabis business establishment described at § 22-1-1 except upon the consent and approval of the Village Board, which consent and approval the Board may grant or deny in its discretion.
(A)
Any applicant seeking a license for a DCA or any adult-use cannabis
business establishment must submit to the Mayor an application in
triplicate, in writing and signed under oath, stating the following:
(1)
The name, age, and address of the applicant in the case of an
individual; in the case of a copartnership, the persons entitled to
share in the profits thereof, and in the case of a corporation for
profit or a club, the date of incorporation, the object for which
it was organized, the names and addresses of the officers, directors
and the name of the person who will be managing the establishment
for which the license is sought, and if a majority in interest of
the stock of such corporation is owned by one person or his nominee,
the address and name of such person.
(2)
The citizenship of the applicant, his place of birth and, if
a naturalized citizen, the time and place of his naturalization.
(3)
The character of business of the applicant and, in the case
of a corporation, the objects for which it was formed.
(4)
The length of time that the applicant has been engaged in the
business of that character or, in the case of a corporation, the date
on which its charter was issued.
(5)
The location and description of the premises or place of business
which is to be operated under such license.
(6)
Whether the applicant has made similar application for a similar
other license on premises other than described in the application
and the disposition of such application.
(7)
That the applicant has never been convicted of a felony and
is not disqualified to receive a license by reason of any matter or
thing contained in the aforesaid Act of the General Assembly or in
this chapter or resolution and amendments thereto.
(8)
Whether a previous license issued to the applicant by any state,
or subdivision thereof, or by the federal government has been revoked
and the reasons therefor.
(9)
That he will not violate any of the laws of the State of Illinois
or of the United States, or any of the provisions of this chapter
or resolution and amendments thereto in the conduct of his place of
business.
(B)
In the case of a partnership or corporation, the information and
statements required by this section shall be furnished as to each
partner, and, with respect to a corporation, the information and statements
required by this section shall be furnished as to the president of
the corporation, the secretary of the corporation, the directors of
the corporation, and with respect to the person who is to manage the
establishment for which a license is sought.
(C)
If the application is made on behalf of a partnership, firm, association,
club or corporation, then the same shall be signed and sworn to by
at least two members of such partnership, firm, association or club,
or by the president and secretary of such corporation.
The Mayor shall issue all DCA and adult-use cannabis business
establishment licenses which may from time to time be approved by
the Village Board.
The Village Board and Mayor shall have the right to examine
or cause to be examined, under oath, any applicant for a license under
this chapter or for renewal thereof, or any licensee upon whom notice
of revocation or suspension has been served in the manner hereinafter
provided, and to examine or cause to be examined the books and records
of any such applicant or licensee; to hear testimony and take proof
for his information in the performance of his duties, and for such
purpose to issue subpoenas which shall be effective in any part of
this state. For the purpose of obtaining any of the information desired
by the Village Board or Mayor under this section, agents may be authorized
to act on behalf of the Village Board or Mayor.
Except as otherwise provided in Subsection (R) of this section,
no license of any kind shall be issued by the Village to the following:
(A)
A person who is not of good character and reputation in the community
in which he resides;
(B)
A person who is not 21 years of age;
(C)
A person who has been convicted of a felony under any federal or
state law, unless the Village Board determines that such person has
been sufficiently rehabilitated to warrant the public trust after
considering matters set forth in such person's application and
the Board's investigation. The burden of proof of sufficient
rehabilitation shall be on the applicant;
(D)
A person who has been convicted of being the keeper of or is keeping
a house of ill fame;
(E)
A person who has been convicted of pandering or other crime or misdemeanor
opposed to decency or morality;
(F)
A person whose license issued under this Act has been revoked for
cause;
(G)
A person who, at the time of the application for renewal of any license
issued hereunder, would not be eligible for such license upon first
application;
(H)
A copartnership, if any general partnership thereof, or any limited
partnership thereof, owning more than 5% of the aggregate limited
partner interest in such copartnership would not be eligible to receive
a license hereunder for any reason other than residence within the
political subdivision, unless residency is required by local ordinance;
(I)
A corporation, if any officer, manager or director thereof, or any
stockholder or stockholders owning in the aggregate more than 5% of
the stock of such corporation, would not be eligible to receive a
license hereunder for any reason other than citizenship and residence
within the political subdivision;
(K)
A person whose place of business is conducted by a manager or agent
unless the manager or agent possesses the same qualifications required
by the licensee;
(L)
A person who does not beneficially own the premises for which a license
is sought, or does not have a lease thereon for the full period for
which the license is to be issued;
(M)
A person who is not a beneficial owner of the business to be operated
by the licensee;
(N)
A person who has been convicted of a gambling offense as prescribed
by any of Subsections (a)(3) through (a)(11) of Section 28-1 of, or
as prescribed by Section 28-1.1 or 28-3 of, the Criminal Code of 1961,
or as prescribed by a statute replaced by any of the aforesaid statutory
provisions;
(O)
A person who intends to establish a DCA and other retail premises
who does not have commercial liability insurance coverage for that
premises in an amount that is at least equal to the maximum liability
amounts set out in Section 5/6-21 of Chapter 235 of the Illinois Compiled
Statutes;
(P)
A person who is delinquent in the payment of any indebtedness or
obligation to the Village;
(Q)
A criminal conviction of a corporation is not grounds for the denial,
suspension, or revocation of a license applied for or held by the
corporation if the criminal conviction was not the result of a violation
of any federal or state law concerning the manufacture, possession
or sale of alcoholic liquor, the offense that led to the conviction
did not result in any financial gain to the corporation and the corporation
has terminated its relationship with each director, officer, employee,
or controlling shareholder whose actions directly contributed to the
conviction of the corporation. The Mayor shall determine if all provisions
of this Subsection (Q) have been met before any action on the corporation's
license is initiated.
No licensee shall employ any person to manage its licensed DCA
or adult-use cannabis business establishment, unless such person possesses
the same qualifications required of a licensee as set forth herein,
except for residency and citizenship. No licensee shall permit any
person to act as a manager unless such manager has been approved by
the Village Board.
(A)
Licenses issued under this chapter shall be valid for a one-year
period upon the payment of the license fee as hereinafter set forth,
unless sooner revoked or suspended. The one-year period shall be from
January 1 of each year to December 31 of that year. The license fee
shall be payable in advance by the applicant for a license at the
time the application for a license is submitted to the Mayor as hereinbefore
provided. In the event the license is denied, the license fee shall
be returned to the applicant. The fees shall be deposited with the
Village Treasurer, who shall deposit the fees in the Village General
Fund. The application for a license shall be filed with the Village
Clerk.
(B)
Licenses shall state thereon the names of the licensees and the address
and description of the premises for which they are granted and the
dates of their issuance and expiration.
(C)
The fee to be paid shall be reduced in proportion to the full calendar
months which have expired in the year, prior to the issuance of the
license.
(D)
With respect to a corporation operating an establishment for which
a license has been issued, should the manager of said establishment
change after the issuance of said license, the corporation must submit
the new manager's name to the Mayor within 30 days. Continuation
of the license will be contingent upon a background check of the new
manager as set out in this chapter, and all fees shall be waived should
the license be changed only as a result of a change of managers. If,
for some reason, the manager is not acceptable, the licensee shall
have 30 days to submit a new name before revocation. Failure to provide
new information shall be grounds for suspension or revocation of said
license.
(A)
Class "A": adult-use designated cannabis consumption area. Class
"A" licenses shall be issued to any person or business qualified and
approved as such as provided herein, and the annual license fee for
all such Class "A" licenses shall be $2,500, payable on the first
day of each license period.
(B)
Class "B": adult-use cannabis craft grower. Class "B" licenses shall
be issued to any person or business qualified and approved as such
as provided herein, and the annual license fee for all such Class
"B" licenses shall be $2,500, payable on the first day of each license
period.
(C)
Class "C": adult-use cannabis cultivation center. Class "C" licenses
shall be issued to any person or business qualified and approved as
such as provided herein, and the annual license fee for all such Class
"C" licenses shall be $2,500, payable on the first day of each license
period.
(D)
Class "D": adult-use cannabis dispensing organization. Class "D"
licenses shall be issued to any person or business qualified and approved
as such as provided herein, and the annual license fee for all such
"D" licenses shall be $2,500, payable on the first day of each license
period.
(E)
Class "E": adult-use cannabis infuser organization. Class "E" licenses
shall be issued to any person or business qualified and approved as
such as provided herein, and the annual license fee for all such "E"
licenses shall be $2,500, payable on the first day of each license
period.
(F)
Class "F": adult-use cannabis processing organization. Class "F"
licenses shall be issued to any person or business qualified and approved
as such as provided herein, and the annual license fee for all such
"F" licenses shall be $2,500, payable on the first day of each license
period.
(G)
Class "G": adult-use cannabis transporting organization. Class "G"
licenses shall be issued to any person or business qualified and approved
as such as provided herein, and the annual license fee for all such
"G" licenses shall be $2,500, payable on the first day of each license
period.
There shall be a limitation of the number of licenses which
can be issued for each class, which limitation shall be as follows:
(A)
There shall be no more than two licenses issued at any one time for
each classification, unless otherwise approved by the Village Board
and this chapter amended accordingly.
A license issued under this chapter shall be purely a personal
privilege, good for not to exceed one year after issued unless sooner
revoked as in this chapter authorized and provided, and shall not
constitute property nor shall it be subject to attachment, garnishment
or execution; nor shall it be alienable or transferable, voluntarily
or involuntarily, or subject to being encumbered or hypothecated.
Such license shall not descend by the laws of testate or intestate
devolution, but it shall cease upon the death of the licensee, provided
that executors and administrators of any estate of the deceased licensee
and the trustees of any insolvent or bankrupt licensee, when such
estate consists in part of cannabis, may continue the business of
the sale of cannabis under the order of the court having jurisdiction
of such estate and may exercise the privileges of such deceased, insolvent,
or bankrupt licensee after the death of such decedent or such insolvency
or bankruptcy until the expiration of such license, but not longer
than six months after the death, bankruptcy or insolvency of such
licensee.
(A)
Destroyed or damaged business. No license shall be held in existence
by the mere payment of fees by any person, firm or corporation for
a period longer than 90 days without a business for the same being
in complete and full operation. However, if a business has been destroyed
or damaged by fire or act of God and cannot be rebuilt or repaired
within the ninety-day period, then, in that event, the Mayor shall
extend the period of time for which a DCA license may be held by the
mere payment of fees without the particular business being in full
and complete operation for an additional 90 days.
(B)
If either of the above stated periods of time passes without the
particular business returning to complete and full operation, the
license for that particular business shall expire and not be subject
to renewal, unless all other requirements of this chapter shall have
been met.
This matter is reserved.
Every licensee under this chapter shall cause his license to
be framed and hung in plain view in a conspicuous place on the licensed
premises.
The Mayor shall keep a complete record of all licenses issued
by him and shall supply the Clerk, Treasurer and Chief of Police a
copy of the same. Upon issuance or revocation of a license, the Mayor
shall give written notice to these same officers within 48 hours.
It shall be unlawful for any licensee hereunder to provide any
services within the licensed premises in the Village during the following
hours:
(A)
No licensee hereunder shall permit any premises licensed under the
provisions of this chapter to be open between the hours of 1:00 a.m.
and 6:00 a.m. The licensee shall have a period of 30 minutes after
closing time to clear his place of business of any and all customers
that it may have.
No license under this chapter shall be granted for any location
within 100 feet of any church, school (other than an institution of
higher learning), hospital, home for the aged or indigent persons,
or for veterans, their spouses or children or any military or naval
station.
A license under this chapter shall permit consumption or other
operations only on the premises described in the application and license.
Such location may be changed only upon the written permit to make
such change approved and issued by the Village. No change of location
shall be permitted unless the proposed new location is a proper one
under the law of this state and the Code of this municipality.
(A)
It shall be unlawful for any person to do or commit any of the following
acts within the Village, to wit:
(1)
Consume cannabis on any public street, alley, sidewalk, or other
public way without special permission granted by the Village Board.
(2)
Consume cannabis in any public park, except with the permission
of the Village.
(3)
Appear on or in any public street, alley, sidewalk or other
public place, including parks and recreation areas, in an intoxicated
or impaired condition.
(4)
Consume cannabis:
(b)
On the grounds of any preschool or primary or secondary school,
unless permitted for a qualifying patient or caregiver pursuant to
the Compassionate Use of Medical Cannabis Program Act;
(c)
In any correctional facility;
(d)
In any motor vehicle;
(e)
In a private residence that is used at any time to provide licensed
child care or other similar social service care on the premises;
(f)
In any public place; or
(g)
Knowingly in close physical proximity to anyone under 21 years
of age who is not a registered medical cannabis patient under the
Compassionate Use of Medical Cannabis Program Act.
(B)
"Public place" means any place where a person could reasonably be expected to be observed by others. "Public place" includes all parts of buildings owned in whole or in part, or leased, by the state or a unit of local government. "Public place" includes all areas in a park, recreation area, wildlife area, or playground owned in whole or in part, leased, or managed by the state or a unit of local government. "Public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises. "Public place" further expressly includes any premises enclosed or unenclosed or partly enclosed and partly unenclosed wherein any service or goods, chattels or merchandise are offered to the public or any such premises used as a clubhouse, club room or meeting place. For purposes of the prohibitions of this § 22-1-25, "public place" shall not include any place or premises licensed as a DCA in accordance with this Chapter 22, provided such place or premises is operated in accordance with provisions of this Chapter 22.
(A)
No licensee, his agent, servant or employee shall permit or allow
any lewd or lascivious act or any topless and/or bottomless employee
and/or employees ("topless" being defined as naked and substantially
without clothing or covering of the body from the waist to the neckline
and "bottomless" being defined as naked and substantially without
clothing or covering of the body from the waist downward), or entertainment
to be performed within the licensed premises by an entertainer employed
therein, or by any employee or guest.
(B)
Nor shall any licensee, his agent, servant or employee permit or
allow any employee or guest or any other person whomever to solicit
or encourage the consumption of cannabis, or the giving of any gratuity
or gift by any patron or guest to or for the benefit of such employee
or guest.
All licensed premises shall be kept in a clean and sanitary
condition, and shall be kept in full compliance with the codes regulating
the condition of the premises used for the storage or sale of food
for human consumption, if applicable.
It shall be unlawful to employ in any licensed premises any
person who is afflicted with or who is a carrier of any contagious
disease or infectious disease; and it shall be unlawful for any person
who is afflicted with or a carrier of any such disease to work in
or about any premises or to engage in any way in the handling, preparation
or distribution of such licensed services.
Every licensee shall have, at all times, a valid operating permit
from the County Health Department which regulates health standards.
Any licensee under this chapter shall not suffer or permit any
disorder, impairment, quarreling, fighting, unlawful games, or riotous
or disorderly conduct in any house or premises kept or occupied by
him for the licensed services.
No licensee, nor any officer, associate, member, representative,
agent or employee of such licensee, shall provide licensed consumption
or other licensed services to any person under the age of 21 years,
or to any intoxicated/impaired person or to any person known by him
to be a habitual addict, spendthrift, insane, or mentally ill, mentally
deficient or in need of mental treatment. No person shall sell, give
or deliver cannabis or cannabis-infused products to another person
under the age of 21 years.
It shall be unlawful for any person under the age of 21 years
to enter upon premises licensed under this chapter unless accompanied
by a parent or legal guardian. No holder of a license, nor any officer,
associate, member, representative, agent or employee of such licensee,
shall permit any person under the age of 21 years not accompanied
by a parent or legal guardian to enter the licensed premises. For
the purpose of preventing the violation of this section, any holder
of a license, or his agent or employee, may refuse to permit entry
onto the licensed premises of any person under the age of 21 years
who is unable to produce adequate written evidence of the fact that
the person accompanying such person under the age of 21 years is that
person's parent or legal guardian.
In every licensed business where licensed services are provided,
there shall be displayed at all times in a prominent place a printed
card which shall be supplied by the Village Clerk, and which shall
read as follows:
UNDERAGE CANNABIS CONSUMPTION WARNING: YOU ARE SUBJECT TO A
FINE UP TO $1,000 UNDER THE ORDINANCES OF THIS MUNICIPALITY IF YOU
CONSUME CANNABIS OR MISREPRESENT YOUR AGE FOR THE PURPOSE OF CONSUMING
CANNABIS OR CANNABIS-INFUSED PRODUCTS WITHIN A LICENSED DCA OR CANNABIS
BUSINESS.
The possession and dispensing or consumption by an underaged
person of cannabis or cannabis-infused product in the performance
of a religious service or ceremony, or the consumption by an underaged
person under the direct supervision and approval of the parent or
parents of such underaged person in the privacy of a home, as may
be permitted by other Illinois law, is not prohibited by this chapter.
It shall be unlawful to refuse to grant admittance to the premises
for which a license has been issued at any time upon the verbal request
of the Mayor, any member of the Village Board, or any law enforcement
officer for the purpose of making an inspection of such premises or
any part thereof.
Any person who sells, gives, or furnishes to any person under
the age of 21 years any false or fraudulent written, printed, or photostatic
evidence of the age and identity of such person or who sells, gives
or furnishes to any person under the age of 21 years evidence of age
and identification of any other person is guilty of violating this
Code and could be fined up to an amount equal to $1,000.
Any person under the age of 21 years who presents or offers
to any licensee, his agent or employee any written, printed or photostatic
evidence of age and identity which is false, fraudulent, or not actually
his own for the purpose of acquiring or consuming cannabis or cannabis-infused
product, or who has in his possession any false or fraudulent written,
printed, or photostatic evidence of age and identity, is guilty of
violating this Code and could be fined up to an amount equal to $1,000.
(A)
Any person shall be guilty of a violation of this Code where he or
she knowingly permits a gathering at a residence which he or she occupies
of two or more persons where any one or more of the persons is under
21 years of age and the following factors also apply:
(1)
The person occupying the residence knows that any such person
under the age of 21 is in possession of or is consuming any cannabis
or cannabis-infused product; and
(2)
The possession or consumption of the cannabis or cannabis-infused
product by the person under 21 is not otherwise permitted by this
Code; and
(3)
The person occupying the residence knows that the person under
the age of 21 leaves the residence in an intoxicated/impaired condition.
(B)
For the purposes of this section, where the residence has an owner
and a tenant or lessee, there is a rebuttable presumption that the
residence is occupied only by the tenant or lessee.
If the owner of the licensed premises or any person from whom
the licensee derives the right to possession of such premises, or
the agent of such owner or person, shall knowingly permit the licensee
to use said licensed premises in violation of the terms of this Code,
said owner, agent or other person shall be deemed guilty of a violation
of this Code to the same extent as said licensee and be subject to
the same punishment.
Every act or omission of whatsoever nature constituting a violation
of any of the provisions of this Code by any officer, director, manager
or other agent or employee of any licensee shall be deemed and held
to be the act of such employer or licensee, and said employer or licensee
shall be punishable in the same manner as if said act or omission
had been done or omitted by him personally.
Whenever any licensee shall be convicted of any violation of
this Code, the license of said licensee may, upon action by the Village
Board, be revoked and forfeited and all fees paid thereon shall be
forfeited, and it shall thereafter be unlawful and shall constitute
a further violation of this Code for said licensee to continue to
operate under such license.
Whenever any officer, director, manager, or other employee in
a position of authority of any licensee under this Code shall be convicted
of any violation of this Code while engaged in the course of his employment
or while upon the premises described by the license, the license may,
upon action by the Village Board, be revoked and the fees paid thereon
forfeited, both as to the holder of the license and as to the premises,
as if said licensee had himself been convicted.
When any license has been revoked for any cause, no license
shall be granted for the same licensee or premises for a period of
one year thereafter.
The Village Board may revoke or suspend any license issued under
this chapter if it determines that the licensee has violated any of
the provisions of Illinois law, any valid ordinance adopted by the
municipality, or any applicable rule or regulation established by
the state which is not inconsistent with law.
(A)
Revocation and suspension: notice. No such license shall be so revoked
or suspended and no licensee shall be fined as provided for below
except after a public hearing by the Village Board with a three-day
written notice to the licensee affording the licensee an opportunity
to appear and defend. All such hearings shall be open to the public
and the Village Board shall reduce all evidence to writing and shall
maintain an official record of the proceedings. If the Village Board
has reason to believe that any continued operation of a particular
licensed premises will immediately threaten the welfare of the community,
it may, upon the issuance of a written order stating the reason for
such conclusion and without notice or hearing, order the licensed
premises closed for not more than seven days, giving the licensee
an opportunity to be heard during that period, except that if such
licensee shall also be engaged in the conduct of another business
or businesses on the licensed premises such order shall not be applicable
to such other business or businesses.
(B)
Fines in alternate or addition to suspension or revocation. In addition
to or alternate to the suspension or revocation of a license, the
Village Board may levy a fine on the licensee for such violations.
The fine imposed shall not exceed $1,000 for a first violation within
a twelve-month period, $1,500 for a second violation within a twelve-month
period, and $2,500 for a third or subsequent violation within a twelve-month
period. Each day on which a violation continues shall constitute a
separate violation. Not more than $15,000 in fines under this section
may be imposed against any licensee during the period of his license.
Proceeds from such fines shall be paid into the general corporate
fund of the municipal treasury.
(C)
Hearing. The Village Board shall, within five days after such hearing,
if it determines after such hearing that the license should be revoked
or suspended, state the reason or reasons for such determination in
a written order of revocation or suspension and shall serve a copy
of such order within the five days upon the license by mail. The findings
of the Board shall be predicted upon competent evidence.
(D)
Hearing procedures. Any hearing of the decision and findings of the
Village Board shall create the official record of the proceedings.
The official record shall be a "certified official record" of the
proceedings taken and prepared by a certified court reporter or certified
shorthand reporter. A copy of this record shall be on file with the
Village Board.
