(A) Definitions. Whenever reference is made in this chapter to the "Illinois Cannabis Act" or the "Cannabis Act" it shall mean the Cannabis Regulations and Tax Act of Illinois approved June 25, 2019, in force January 1, 2020 (ILCS Ch. 410, Act 705, §§ 1 et seq.). All other words and phrases used herein shall have the same meaning as the same or similar words or phrases defined by and used in said Cannabis Regulations and Tax Act, including the following:
ACT. The Cannabis Regulation and Tax Act of Illinois approved 6-25-19 as Public Act 101-0027 (ILCS Ch. 410, Act 705, §§ 1 et seq.).
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.
CANNABIS. Marijuana, hashish, and other substances that are identified as including any parts of the plan 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, on 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 this incapable of germination. CANNABIS does not include industrial hemp as defined and authorized under the Industrial Hemp Act. CANNABIS also means concentrate and cannabis-infused products.
CANNABIS BUSINESS ESTABLISHMENT. A cultivation center, craft grower, processing organization, dispensing organization: or transporting organization.
DISPENSARY. A facility operated by a dispensing organization at which activities licensed by the Act may occur.
DISPENSING ORGANIZATION. A facility operated by an organization or business that is licensed by the Department of Financial and Professional Regulation to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies under this Act to purchasers or to qualified registered medical cannabis patients and caregivers.
OWNERSHIP AND CONTROL. 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.
PERSON. 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.
RETAIL TOBACCO STORE. A retail establishment that derives more than 80% of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. RETAIL TOBACCO STORE includes an enclosed workplace that manufactures, imports, or distributes tobacco or tobacco products, when, as a necessary and integral part of the process of making, manufacturing, importing, or distributing a tobacco product for the eventual retail sale of that tobacco or tobacco product, tobacco is heated, burned, or smoked, or a lighted tobacco product is tested, provided that the involved business entity: (1) maintains a specially designated area or areas within the workplace for the purpose of the heating, burning, smoking, or lighting activities, and does not create a facility that permits smoking throughout; (2) satisfies the 80% requirement related to gross sales; and (3) delivers tobacco products to consumers, retail establishments, or other wholesale establishments as part of its business. RETAIL TOBACCO STORE does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food, or restaurant license. Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.
(B) Registration. It shall be unlawful for any person to operate a dispensary within the boundaries of the village without first registering with the Argenta Village Clerk and submitting the following information:
(1) Name and address of all persons owning 50% or more of the dispensing organization;
(2) Location of operation;
(3) Hours of operation; and
(4) A copy of the license issued by the Illinois Department of Financial and Professional Registration.
(C) Regulations and restrictions.
(1) Only one dispensary shall be authorized to operate within the village limits at any time.
(2) A Dispensary may only operate between the hours of 8:00 a.m. to 8:00 p.m. Monday through Saturday.
(3) It shall be unlawful to advertise cannabis or a cannabis infused product in any form or through any medium:
(a) Within 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade where admission is not restricted to persons 21 years of age or older;
(b) In or on a public transit vehicle or within a public transit shelter; or
(c) On a property owned or operated by the village.
(4) It shall be unlawful to permit on-premises consumption of cannabis at or in a dispensing organization or retail tobacco store.
(D) Penalty. A person found to be in violation of any of the provisions herein shall be fined in an amount not to exceed seven hundred and fifty dollars ($750) for each offense. Each day of a continuing violation shall be deemed a separate offense. The penalties authorized herein shall be cumulative, and the village's pursuit of any one or more penalties shall not be a defense to another.
(Ord. 20-01-20-01, passed 1-20-2020)