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HomeMy WebLinkAboutORDINANCE - 3706 - 5/11/2021 - Cannabis Dispensary License Regulations (2)EXHIBIT A CHAPTER 26 CANNABIS DISPENSING ORGANIZATIONS 3-26-1: DEFINITIONS: Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the definitions given below: CANNABIS: 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. "Cannabis" also means cannabis flower, concentrate, and cannabis -infused products. 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 seq.), (Act) as it may be amended from time to time, and regulations promulgated thereunder. 3-26-2: COMMISSIONER; SUBCOMMISSION: The Mayor shall be the Cannabis Dispensing Organization License Commissioner and shall perform all duties not pre-empted by the Act, as amended from time to time, which are necessary to enforce the provisions of this chapter. There is also established a Local Cannabis Dispensing Organization License Subcommission which shall consist of the same two members appointed by the Mayor to the Liquor Control Subcommission who shall advise the Mayor in the same manner as with the Liquor Control Commission. Any hearing before the Local Cannabis Dispensing Organization License Commission shall be called and conducted in the same manner as hearings before the Local Liquor Control Commission. 3-26-3: LICENSE REQUIRED: It shall be unlawful for any person, firm or corporation to operate a cannabis dispensing facility without first having obtained a license from the Local Cannabis Dispensing Organization License Commissioner. It shall be a prerequisite to the issuance of any such license that the applicant have in place, a current, valid State of Illinois cannabis dispensing license issued pursuant to the Article 15 of the Act. 3-26-4: LICENSE FEE: The annual license fee for a cannabis dispensing organization license shall be thirty thousand dollars ($30,000.00), which fee shall be due before the annual commencement date of June Is'of each year. The Commissioner may prorate the initial year's license fee depending on the month and day the initial license is issued. All licenses shall terminate on May 3 1 " of each subsequent year unless renewed in a timely fashion. 3-26-5: LOCATION AND BUILDING REQUIREMENTS: A. Location Requirements 1. Dispensary Organizations will be permitted to open and operate in a building located in the B-1, B-2 or B-3 zoning districts adjacent to I-Ior I-2 zoning districts 2. Dispensary Organizations must not be located within 1,000 feet of any residential zoned district. 3. Dispensary Organizations must be located 1,000 feet away from public or private elementary and secondary schools and any day care centers. 4. Dispensary Organizations must be located 1,000 feet away from another marijuana dispensary. 5. Dispensary Organizations tenant space must be no less than 2,000 square feet. 6. Dispensary Organizations must provide onsite parking. The minimum parking space required shall be one parking space per every 100 square feet of dispensary tenant space. B. Building Requirements 1. Cannabis Dispensing Facilities must have: a. A lobby waiting area at the entrance with a minimum size of 100 square feet, secured or separated from the designated area for sales by full height walls extending from floor to ceiling. b. A designated area for sales/dispensing. c. A separate and secure designated area for storage. 2. Multi -Tenant Facilities: Dispensaries can be located in a multi -tenant building provided that no other business located therein holds a liquor license. Building Enhancements: All licensed facilities shall install building enhancements such as security cameras, security alarm systems, lighting and such other improvements to ensure the safety of employees and customers of the facility, as well as its environs, consistent with the requirements of the Act and the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.). All lighting outside and inside the facility shall be maintained in good working order with sufficient wattage for security cameras. 4. Exterior and Interior Signage: a. Terms including but not limited to "weed", "pot" or the like are prohibited from all interior and exterior signage. b. The use of marijuana leaf or the image of any marijuana paraphernalia on any exterior building identification signage is prohibited. c. Each facility must display both State and Village business licenses on the premises. d. Each facility must post signs that read: H. Dual License Prohibited: A Cannabis Dispensing Organization may not be issued a license to operate any business other than the dispensing license issued herein at the location of their dispensing facility. 3-26-7: INSPECTIONS; VIOLATIONS; FINES; SUSPENSIONS; REVOCATION; APPEAL: A. Inspections; Entry Powers: The Local Cannabis Dispensing Organization Commissioner is hereby given the authority to enter or to authorize the entry at any time upon any premise licensed hereunder to determine whether any provisions of the Act or this Chapter have been or are being violated. B. Violation; Hearing; Fine; Suspension or Revocation of License: The Commissioner shall have the right to hold a hearing for any licensee upon whom a notice of violation has been served, to hear testimony and take proof for his information in the performance of his duties. If after a hearing on an alleged violation, the Commissioner finds that there was a violation of any of the provisions of this Chapter, he may suspend or revoke any license and or fine any licensee for any violation. If the Commissioner determines to suspend such license, the term of the suspension shall not be more than thirty (30) days. If the Commissioner elects to fine such licensee, the amount of such fine shall not be less than two hundred fifty dollars ($250.00), nor more than two thousand five hundred dollars ($2,500.00) for each offense. The Commissioner is further authorized to assess the licensee for all costs associated with the hearing including attorney fees and court reporter fees. C. Proceedings Officially Recorded: All proceedings before the Commissioner shall be recorded and placed in a certified official record of such proceedings taken and prepared by a certified court reporter. D. Appeal: Any appeal of proceedings for imposition of a fine, suspension or revocation of licenses shall be limited to a review of the official record. i. "NO MINORS PERMITTED ANYWHERE ON PREMISES" ii. "ONSITE CONSUMPTION OF CANNABIS PRODUCTS IS PROHIBITED" 3-26-6: LICENSE REQUIREMENTS; RESTRICTIONS: A. Hours of Operation: Cannabis Dispensing Organizations shall operate only between the hours of 7:00 a.m. and 10:00 p.m. B. Odors: No cannabis odors shall be detectable outside of the Cannabis Dispensing Organizations. C. Product Display: No products sold by a Cannabis Dispensing Organizations shall be visible from the public street, sidewalk or other public place. D. Deliveries: A Cannabis Dispensing Organization may only accept cannabis deliveries into a restricted access area. Deliveries may not be accepted through the public or limited access areas unless otherwise approved under the Act or Medical Cannabis Act. E. Packaging: A Cannabis Dispensing Organization must include the legal name of the dispensary on the packaging of any cannabis product it sells. F. Cannabis 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. G. Cannabis Dispensing Organizations shall not: 1. Sell cannabis, cannabis concentrate, or cannabis -infused products in combination or bundled with each other or any items for one price, and each item of cannabis, concentrate, or cannabis -infused product must be separately identified by quantity and price on the receipt; 2. Sell clones or any other live plant material; 3. Have fewer than 2 people working at the dispensary at any time while the dispensary is open; 4. Operate a dispensary if its video surveillance equipment is inoperative; 5. Operate a dispensary if the point -of -sale equipment is inoperative; 6. Operate a dispensary if the State's cannabis electronic verification system is inoperative; 7. Enter into agreements to allow persons who are not dispensing organization agents to deliver or transport cannabis to purchasers; 8. Operate drive -through windows; 9. Allow for the dispensing of cannabis or cannabis -infused products in vending machines; 10. Transport cannabis to residences or other locations where purchasers may be for delivery; 11. Produce or manufacture cannabis; 12. Accept a cannabis product from an adult use cultivation center, craft grower, infuser, dispensing organization, or transporting organization unless it is pre -packaged and labeled in accordance with the Act and any rules that may be adopted pursuant to the Act, 13. Obtain cannabis or cannabis -infused products from outside the State of Illinois; 14. Sell cannabis or cannabis -infused products to a purchaser unless the dispensary organization is licensed under the Compassionate Use of Medical Cannabis Program, and the individual is registered under the Compassionate Use of Medical Cannabis Program or the purchaser has been verified to be over the age of 21; 15. Permit any person to smoke, eat or otherwise consume or ingest any cannabis on the premises or within any parking areas or other public areas on the premises of the cannabis dispensing facility; 16. Keep open for business or admit the public or patrons or customers or persons to the premises either before or after the permitted hours of operation or to permit or allow persons, patrons, or customers to remain in or about the premises either before or after the permitted hours of operation; 17. Violate any other requirements or prohibitions set by State rules.