(A) Location.
(1) No adult-use dispensing organizations shall be located within 1,500 feet of the property line of a pre-existing dispensary or 1,000 feet of a public or private preschool or elementary or secondary school. It may not be located in a house, apartment, condominium, the offices of a physician, or an area zoned for residential use. These requirements shall not be subject to variance. Such distances shall be measured linearly and shall be the shortest distance between the closest points of the property lines of the places. 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 Zoning Official.
(2) It is further required they must be a standalone business, no gaming or alcohol consumption or sale on the premises.
(B) Reserved.
(C) Parking. The dispensary or adult-use dispensary shall have a minimum of one parking space per employee, and one for every 200 square feet available to the public. Unless otherwise provided in this section, the parking area shall meet all requirements for off-street parking and loading. Parking 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 lit in accordance with § 151.02 and monitored by video surveillance equipment whose live images can be viewed by dispensing organization staff and continually recorded and stored for 180 days in a tamper proof format.
(D) Exterior display. No medical cannabis dispensary or adult-use dispensary shall be maintained or operated in a manner that causes, creates or allows the public viewing of medical cannabis, adult-use cannabis, medical cannabis infused products, adult-use cannabis infused products, cannabis paraphernalia or similar products from any sidewalk, public or private right-of-way, or any property other than the lot on which the dispensary or adult-use dispensary is located. No portion of the exterior of the dispensary or adult-use dispensary shall utilize or contain any flashing lights, search lights, spot lights, or any similar lighting system.
(E) Exterior signage.
(1) All exterior signs shall conform to the provisions set forth in Title XV of the City of Mattoon Municipal Code. Exterior signs of the dispensary or adult-use dispensary building shall not obstruct the entrance or windows of the dispensary.
(2) Electronic message boards and temporary signs are not permitted.
(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.
(4) A sign shall be posted in a conspicuous place at or near all dispensary or adult-use dispensary entrances and shall include the following language: Persons under the age of 21 are prohibited from entering." The required text shall be no larger than one inch in height.
(F) Drug paraphernalia sales. Medical cannabis dispensaries or adult-use cannabis dispensaries that display or sell drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control and the Illinois Compassionate Use of Medical Cannabis Pilot Program Act and the Illinois Cannabis Regulation and Tax Act and any subsequent amendments
(G) Hours of operation. Medical cannabis and adult-use dispensaries shall operate only between the hours of 6:00 a.m. and 9:00 p.m.
(H) Age and access limitations. It shall be unlawful for any medical cannabis or adult-use cannabis dispensary to allow any person who is not at least 21 years of age on the premises. Dispensaries or adult-use dispensaries shall not employ anyone under the age of 21 years. Access shall be limited exclusively to dispensary or adult-use dispensary staff, customers, local and state officials and those specifically authorized under the Illinois Compassionate Use of Medical Cannabis Pilot Program Act and the Illinois Cannabis Regulation and Tax Act and any subsequent amendments.
(I) Security and video surveillance.
(1) The medical cannabis dispensary or adult-use dispensary shall be an enclosed, locked facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft.
(2) The dispensary or adult-use dispensary parking area, client entrance, sales area, back room, storage areas, and delivery bay and entrance shall be monitored by video surveillance equipment whose live images can be viewed by dispensary or adult-use dispensary staff and continually recorded and stored for 180 days 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) The Zoning Official shall review the adequacy of lighting, security and video surveillance installations with assistance from the City of Mattoon Police Department.
(5) A medical cannabis dispensary or adult-use dispensary shall report all criminal activities to all appropriate law enforcement agencies immediately upon discovery.
(6) Deliveries shall occur during normal business hours within a secure enclosed delivery bay. No delivery shall be visible from the exterior of the building.
(J) Conduct on site.
(1) Residential co-location. No person shall reside in or permit any person to reside in a dispensary or adult-use dispensary or on the property of same.
(2) Drive-through services. Drive thorough services shall be prohibited. This regulation shall not be varied.
(3) Outdoor seating. Outdoor seating shall be prohibited.
(4) Loitering. Loitering is prohibited on dispensary property.
(5) Smoking and use of cannabis products. It shall be prohibited to smoke, inhale, or consume cannabis products in the medical cannabis dispensary or adult-use dispensary or anywhere on the property occupied by the dispensary or adult-use dispensary. A sign, at least eight and one-half inches by 11 inches, shall be posted inside the dispensary or adult-use dispensary building in a conspicuous place and visible to a client or customer and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on dispensary property."
(6) Noxious odors. Dispensing organizations and adult-use dispensing organizations shall operate in a manner that prevents odor impacts on neighboring properties and, if necessary, the facility shall be ventilated with a system for odor control approved by the Coles County Department of Public Health.
(Ord. 2020-5431, passed 6-2-2020; Am. Ord. 2022-5449, passed 4-5-2022)