A. It is the purpose of this chapter to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the City. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act, P.A. 101-0027 (Act), as it may be amended from time to time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply. The Department of Planning and Development shall govern the application process of a cannabis business establishment license.
B. It is further the purpose of this chapter is to protect the public health, safety, and welfare of the residents, businesses, and property in the City by prescribing the manner in which adult-use cannabis establishments, including matters in relation to:
1. Providing for a means of cultivation, production, and distribution of cannabis to persons permitted to obtain, possess, and use cannabis for recreational purposes under the Act.
2. Protecting public health and safety through reasonable limitations on business operations as they relate to noise, air, and water quality, food safety, neighborhood and public safety, security for the business and its personnel, and other health and safety concerns.
3. Promoting lively street life and high-quality neighborhoods by limiting the concentration of any one type of adult-use cannabis establishments in specific areas.
4. Creating regulations that address the particular needs of the residents and businesses of the City and coordinate with laws that may be enacted by the State of Illinois regarding adult-use cannabis establishments and recreational cannabis use.
5. Facilitating the implementation of the Act without going beyond the authority granted by it.
6. Protecting public safety and residential areas by limiting the areas of the City where adult-use cannabis establishments may be located.
7. Permitting recreational cannabis use, distribution, cultivation, and production where it will have a minimal impact and potential negative impacts are minimized, since these can have an impact on health, safety, and community resources.
8. Use, distribution, cultivation, production, possession, and transportation of cannabis is currently illegal under federal law, and cannabis remains classified as a ''Level 1 Controlled Substance" by federal law.
9. The General Assembly has adopted enabling legislation that provides for adult-use cannabis establishments; however, the Act does not completely address the local impacts of adult-use cannabis establishments on municipalities, making it appropriate for local regulation of adult-use cannabis establishments.
10. Nothing in this chapter is intended to promote or condone the production, distribution, or possession of cannabis in violation of any applicable laws.
11. This chapter is to be construed to protect the public over the interests of adult-use cannabis establishments.
12. Adult-use cannabis establishments are a heavily regulated industry in the State and all licensees are assumed to be fully aware of the law, hence the City shall not therefore be required to issue warnings before issuing citations for violations of this chapter.
13. This chapter is intended to specify the time, place, and manner restrictions for operating an adult-use cannabis establishments in the City as specified under the Act and in this chapter.
14. The City Council has determined to allow adult-use cannabis establishments in the City on the condition that the establishments are operated in compliance with this chapter rather than banning them in the City as permitted by the Act. (Ord. 7851, 9-28-2022)