(a) An Adult-Use Cannabis Dispensing Organization may be located and operated within the corporate limits of the City, provided, that any such Adult-Use Cannabis Dispensing Organization shall at all times be located and operated in strict compliance with the provisions of this section.
(b) Compliance with State Law. An Adult-Use Cannabis Dispensing Organization shall at all times comply with all regulations provided within the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) and the Compassionate Use of Medical Cannabis Program Act (440 ILCs 130/1, et seq.) as they be amended from time to time, and the regulations promulgated thereunder. In the event the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act is amended, the more restrictive of the state or the regulations provided in this section shall apply.
(c) Setback Requirements. No Adult-Use Cannabis Dispensing Organization shall be located within one thousand (1,000) feet from another Adult-Use Cannabis Dispensing Organization. No Adult-Use Cannabis Dispensing Organization shall be located within one hundred (100) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, public park or playground. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this paragraph. Such distance shall be measured linearly and shall be the shortest distance between the closest points of the property. If a boundary line measured touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the City Superintendent of Streets.
(d) Parking. Parking for an Adult-Use Cannabis Dispensing Organization shall be located in an area which is visible from a public road that is accessible to the public. It may not be screened from the roadway with vegetation, fencing, or other obstructions, but such may be allowed with the presentation of evidence of a safety or security need. Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by the staff of the Adult-Use Cannabis Dispensing Organization and continually recorded in a tamper proof format.
(e) Lighting. An Adult-Use Cannabis Dispensing Organization must keep all exterior and interior lighting in good working order and wattage sufficient for the video surveillance equipment.
(f) Security and Video Surveillance.
(1) An Adult-Use Cannabis Dispensing Organization shall be located in an enclosed, locked facility and shall provide and maintain adequate security within the facility and on the property to ensure the safety of persons and to protect the facility from theft.
(2) The parking area, client entrance, sales area, back room, storage areas, delivery bay, and employee entrance shall be monitored by video surveillance equipment which live images can be viewed by the staff of the Adult-Use Cannabis Dispensing Organization and continually recorded in a tamper proof format.
(3) A sign shall be posted in a prominent location, which includes the following language: “These premises are under constant video surveillance.”
(4) An Adult-Use Cannabis Dispensing Organization shall report all criminal activities to all appropriate law enforcement agencies immediately upon discovery that criminal activity has occurred on the property where the Adult-Use Cannabis Dispensing Organization is located.
(5) Deliveries shall occur only during normal business hours within a secure delivery bay.
(g) Exterior Display. No Adult-Use Cannabis Dispensing Organization shall be maintained or operated in a manner that causes, creates, or allows the public viewing of cannabis, cannabis infused products, cannabis paraphernalia, or similar products from any sidewalk, public or private right-of-way, or any property other than the property in which the Adult-Use Cannabis Dispensing Organization is located. No portion of the exterior of the Adult-Use Cannabis Dispensing Organization shall utilize or contain any flashing light, search light, spotlight, or any other similar lighting system, Notwithstanding the foregoing, a sign, at least 8.5 inches by 11 inches, shall be posted near the exterior door of an the Adult-Use Cannabis Dispensing Organization building in a conspicuous place and visible to a customer and shall include the following language: “This facility is an Adult-Use Cannabis Dispensary where cannabis, cannabis infused products, cannabis paraphernalia, or similar products are sold.”
(h) Signage. Adult-Use Cannabis Dispensing Organization shall comply with the following sign requirements:
(1) Exterior signs shall not obstruct the entrance or windows of an Adult-Use Cannabis Dispensing Organization; and
(2) Electronic message boards and temporary signs are prohibited; and
(3) Signs shall not include any realistic or stylized graphical representation of the cannabis plant or its parts, smoke, any realistic or stylized graphical representation of drug paraphernalia, or cartoonish imagery oriented toward youth.
(i) Conduct on Site.
(1) Drive-through services. Drive-through services shall be prohibited at any Adult-Use Cannabis Dispensing Organization.
(2) Outdoor seating. Outdoor seating shall be prohibited on any property utilized for an Adult-Use Cannabis Dispensing Organization.
(3) Loitering. Loitering is prohibited on any Adult-Use Cannabis Dispensing Organization property.
(4) Smoking and Use of Cannabis Products. It shall be prohibited to smoke, inhale, or consume cannabis products in the Adult-Use Cannabis Dispensing Organization or anywhere on the property occupied by the Adult-Use Cannabis Dispensing Organization. A sign, at least 8.5 inches by 11 inches, shall be posted inside the Adult-Use Cannabis Dispensing Organization building in a conspicuous place and visible to a customer and shall include the following language: “Smoking, eating, drinking, or other forms of consumption of cannabis or cannabis infused products is prohibited on dispensary property.”
(5) Noxious Odors. An Adult-Use Cannabis Dispensing Organization shall be operated in a manner that prevents any odor impacts from any neighboring properties and uses. No cannabis odors shall be detectable outside of the building in which the Adult-Use Cannabis Dispensing Organization is operated.
(j) Hours of Operation. An Adult-Use Cannabis Dispensing Organization shall only be allowed to operate and admit the public to the Adult-Use Cannabis Dispensing Organization between the hours of 6:00 am. and 8:00 pm.
(k) Age and Access Limitations. It shall be unlawful for any Adult-Use Cannabis Dispensing Organization to allow any person who is not at least twenty-one (21) years of age on the premises. An Adult-Use Cannabis Dispensing Organization shall not employ anyone under the age of twenty-one (21) years of age. Signs informing the public of the age restrictions shall be posted in conspicuous view on the property. Each such sign shall state: “The sale of cannabis products to persons under twenty-one (21) years of age is prohibited by law. A photo identification showing proof of age shall be required of everyone desiring to purchase cannabis products. Violations shall be reported to the City Police Department.” Said sign(s) shall be plainly visible and shall measure at least eight and one-half inches (8.5") in height and eleven inches (11") in width. Lettering on said sign shall be at least one-half inch (0.5") in height.
(l) Drug Paraphernalia Sales. An Adult-Use Cannabis Dispensing Organization that displays or sells drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act, 720 ILCS 600/1 et. seq., as amended from time to time.
(m) Licensure. A current, valid copy of the Adult-Use Cannabis Dispensing Organization's license from the Illinois Department of Financial and Professional Regulation shall be provided to and maintained by the City Police Department at all times.
(n) Inspections. A person or agency charged with enforcement of this chapter shall have the right to enter any the Adult-Use Cannabis Dispensing Organization or property where a Adult-Use Cannabis Dispensing Organization is located at any reasonable time to inspect any facility, premises or condition thereon for the purpose of determining whether the provisions of this chapter are being complied with. Refusal by any owner of right of entry shall cause the person, officer, or agency to seek the permission of a court of competent jurisdiction for right of entry.
(o) Enforcement. This chapter shall be enforced by the officers of the Martinsville Police Department, the City Attorney, and/or the corporate authorities of the City or such other person or agencies so designated by the corporate authorities of the City.
(Ord. 2023-6-1. Passed 6-7-23.)