(A) No person shall sell or offer for sale or possess with the intent to sell at retail any cannabis without a license issued by the village pursuant to this chapter, in addition to a license issued by the State of Illinois. All policies, procedures, and standards of acquiring an adult-use cannabis license from the village shall apply, unless as otherwise noted in this chapter. In addition to other information that may be required for an adult-use business license from the village, the license shall include:
(1) Contacts. The names, address, office phone numbers(s), cell phone numbers, fax numbers, and email addresses of the owners, operators and agents of the adult-use cannabis business establishment.
(2) Site plan. A site plan of the adult-use cannabis business establishment showing:
(a) Nature of the structure to be used for the purpose of adult-use cannabis business establishment;
(b) Demonstration that the facility meets the conditions for an enclosed, locked facility;
(c) Distance from all other facilities and uses requiring setbacks as provided for in this chapter;
(d) Location of video surveillance equipment;
(e) Location, height and nature of any fences or any other barriers meant to provide security for the site; and
(f) Nature and adequacy of supervision and security at the site.
(3) Setbacks. Evidence demonstrating that the adult-use cannabis business establishment would meet all requirements of state law regarding setbacks required in the Act and any implementing regulations of same.
(4) Packaging. All cannabis intended for distribution must be packaged in sealed and labeled containers that are child-resistant and light-resistant. All packages must comply with current standards as set by Consumer Product Safety Commission and the Poison Prevention Act and comply with the Cannabis Regulation and Tax Act (ILCS Ch. 410, Act 705, §§ 55-21 et seq.).
(5) Recycling and destruction. A dispensing business establishment shall destroy all cannabis, including cannabis-infused products, not sold to purchasers. Documentation of destruction and disposal shall be retained at the dispensing organization for a period of not less than five years. Any cannabis waste, liquid waste, or hazardous waste shall be disposed in accordance with the rules adopted by the Department of Agriculture under the Cannabis Regulation and Tax Act.
(6) State fees. Evidence demonstrating that all State of Illinois required fees have been paid.
(7) Limitation of liability. At the time of submission of an application, the petitioner shall submit a written acknowledgement that the petitioner agrees to and accepts the limitations of liability and the requirement to indemnify, hold harmless and defend the village and the village's employees and agents, including that: the village shall not be liable to the adult-use cannabis business establishment's employees, customers, qualifying patients or caregivers, qualifying patient's or caregiver's employer or employees, family members or guests, for any damage, injury, accident, loss, compensation or claim, based on, arising out of, or resulting from the property for which the zoning is requested being used, including, but not limited to, the following: arrest, seizure of persons or property, prosecution pursuant to federal or state laws, any fire, robbery, theft, mysterious disappearance or any other casualty; or the actions of any other registrants or persons. This limitation of liability provision shall survive expiration or the early termination of the registration if the registration is granted, or dissolution of use or any subsequent change in zoning.
(8) Provision of notice. At the time of submission of an application under this section, the petitioner shall submit a signed statement certifying that the petitioner has actual notice that, notwithstanding state law and any action by the village, that:
(a) Cannabis is currently a prohibited Schedule I controlled substance under federal law;
(b) Participation in either the Illinois Compassionate Use of Medical Cannabis Program or the Illinois Cannabis Regulation and Taxation Act is permitted only to the extent provided by the strict requirements of the Acts and subsequent implementing regulations;
(c) Growing, distribution or possessing cannabis in any capacity, except through a federally approved research program, is a violation of federal law;
(d) Use of cannabis may affect an individual's ability to receive federal or state licensure in other areas;
(e) Use of cannabis, in tandem with other conduct, may be a violation of state or federal law;
(f) Participation in the Illinois Compassionate Use of Medical Cannabis Program, Illinois Cannabis Regulation and Tax Act, or approval of zoning by the village does not authorize any person to violate federal or state law and, other than as set out in the Illinois Compassionate Use of Medical Cannabis Program Act and the Illinois Cannabis Regulation and Tax Act, and does not provide any immunity from or affirmative defense to arrest or prosecution under federal or state law; and
(g) Petitioners for the adult-use cannabis business establishments from the village shall indemnify, hold harmless, and defend the village for any and all civil or criminal penalties resulting from participation in the Compassionate Use of Medical Cannabis Program and the Illinois Cannabis Regulation and Tax Act.
(9) Application. Applications for a license shall be made to the Mayor's office.
(10) Cannabis license. Each cannabis business establishment license shall be an annual registration and shall be valid for a 12 month period upon payment of the license fee and require an application for renewal and approval annually. A cannabis license issued under this shall have an annual license fee in the amount of $5,000.
(Ord. 2023-14, passed 3-1-23) Penalty, see § 122.99