(A) An on-site cannabis consumption area permit issued by the city authorizes patrons within the cannabis consumption area to engage in the following cannabis consumption methods:
(1) Consumption of cannabis by smoking, vaping, and ingestion; or
(2) Consumption of cannabis by ingestion only.
All on-site cannabis consumption areas in the city shall operate in conformance with the following operating requirements:
(B) Location and design. The on-site cannabis consumption area shall comply with the following:
(1) The space devoted to cannabis consumption shall be located in the same premises as an Adult-Use Cannabis Dispensary and enclosed within the Adult-Use Cannabis Dispensary's building.
(2) The space devoted to cannabis consumption shall not exceed fifty percent of the total floor area of the Adult-Use Cannabis Dispensary retail space, but in no case more than 1,500 square feet.
(3) The space devoted to cannabis consumption shall be private areas that are partitioned off from access to all other areas of the Adult-Use Cannabis Dispensary and separated from the rest of the facility with a security door with access, other than alarm controlled emergency only exit(s), only from inside the facility. No on-site cannabis consumption area shall be open to the outside.
(4) The cannabis consumption areas shall not be visible to the public or by any persons under twenty-one years of age. No consumption of cannabis shall be permitted outside of the on-site cannabis consumption area. Workers must be able to observe the consumption area at all times and do so from a place that is smoke free.
(5) The space devoted to cannabis consumption shall be well-ventilated and designed to prevent the flow of smoke to any other area of the Adult-Use Cannabis Dispensary.
(6) An odor-absorbing ventilation and exhaust system must be installed so that odor generated inside the business is not detected outside the property or lease area boundaries, or anywhere on adjacent property or public rights-of-way, or within any other area located within the same building as the cannabis consumption area.
(7) The structure housing the cannabis consumption area shall be adequately soundproofed so that interior and exterior noise is not audible beyond the property line.
(C) Security. The security provided for the on-site consumption area shall comply with the following minimum standards:
(1) Adequate security and on-site lighting shall be provided to ensure the safety of persons and protect the premises from theft at all times in conformance with the security plan submitted with the permit application.
(2) All private security contractors employed to provide security shall be licensed under Section 10-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
(3) A dispensing organization agent in charge shall be present on the premises to act as manager and supervise employees at all times during business hours.
(4) A neighborhood security guard patrol for a two-block radius surrounding the Adult-Use Cannabis Dispensary shall be provided during all hours of operation.
(5) The Adult-Use Cannabis Dispensary shall provide the city's police department with the name and telephone number of the dispensing organization agent in charge to notify if there are operational problems with the establishment.
(6) When requested by the city, a dispensing organization agent of the Adult-Use Cannabis Dispensing Organization shall attend all meetings called by the city to review public safety issues associated with the operations of the on-site cannabis consumption area.
(7) Encourage responsible conduct of patrons by:
(a) Cutting off service to impaired patrons and providing information on safe transportation options and car services.
(b) Making an announcement at closing requesting patrons to respect the residents of the adjacent residential neighborhoods by being quiet when leaving;
(c) Posting signs at locations clearly visible within the cannabis consumption area and at both on- and off-site parking areas, requesting patrons to respect residents of adjacent residential neighborhoods by being quiet when leaving and reminding patrons of the existence of parking restrictions within the neighborhoods adjacent to the consumption area.
(D) Restriction of on-site sales and consumption. Sales and consumption in the onsite consumption area shall comply with the following minimum standards:
(1) There shall be no on-site sales or consumption of alcoholic beverages or tobacco allowed on the permitted premises. There shall be no on-site consumption of alcohol beverages or tobacco products by patrons or employees of the Adult-Use Cannabis Dispensary. There shall be no on-site consumption of cannabis or Cannabis-Infused Products by employees of the Adult-Use Cannabis Dispensary while they are on duty. The on-site sale of food and food items infused with cannabis is permitted.
(2) The Adult-Use Cannabis Dispensary shall only provide cannabis to an individual in an amount reasonable for on-site consumption and consistent with personal possession and use limits allowed by the state.
(3) The Adult-Use Cannabis Dispensary shall not permit any person to consume an intoxicating drug or beverage in combination with cannabis while on the premises of the on-site consumption area;
(4) The Adult-Use Cannabis Dispensary shall not permit any intoxicated person consume cannabis or any other intoxicating drug or beverage on the premises;
(5) Only cannabis sold from the on-site Adult-Use Cannabis Dispensary may be consumed on the premises. Customers shall not be permitted to consume cannabis, food or beverages brought in from outside of the premises.
(E) Employee Training and Customer Education. The cannabis dispensing organization shall:
(1) Train its employees about the various products the cannabis consumption area sells, including potency of the products, absorption time, and effects of the products; and
(2) Require its employees to educate all customers as to the various products the cannabis consumption area sells in an effort to ensure responsible consumption.
(F) Hours of operation. Hours of operation shall be limited to Monday through Sunday, 6:00 a.m. to 10:00 p.m. or as further limited by state law.
(G) Prohibited entry.
(1) No one under twenty-one years of age is allowed in the cannabis consumption area.
(2) A sign posted in a conspicuous location readily visible to persons entering the premises shall state that entry into the Adult-Use Cannabis Dispensary on-site consumption area by persons under the age of twenty-one is prohibited.
(H) Consumption method. Depending on the type of on-site cannabis consumption areas permit issued by the city, the cannabis consumption area shall be limited to one of the following cannabis consumption methods:
(1) Consumption of cannabis by smoking, vaping, and ingestion; or
(2) Consumption by ingestion only.
(I) Insurance. The adult-use dispensing organization shall obtain and during the term of the on-site cannabis consumption permit, keep in force commercial general liability insurance coverage written in the occurrence form with a general aggregate limit of:
(1) $2,000,000 bodily injury per person;
(2) $4,000,000 bodily injury aggregate limit;
(3) $2,000,000 property damage per occurrence; and
(4) $4,000,000 property damage aggregate limit; or
(5) In the alternative, $5,000,000 combined, single-limit coverage for bodily injury and property damage per occurrence.
(J) The coverage shall provide by its provisions or by an endorsement coverage for liability for bodily injury or property damage arising from the over-consumption of cannabis or Cannabis-Infused Products consumed on the premises of the Adult-Use Cannabis Dispensing Organization.
(K) The Adult-Use Cannabis Dispensing Organization shall file with the city evidence of complete coverage of all insurance required bearing the original signature of the insurance company's agent authorized by that insurer to bind coverage on its behalf. Acceptable evidence of insurance is (electronic copies will be accepted) as follows:
(1) A binder or certificate of insurance with original endorsements affecting coverage; or
(2) The complete insurance policy with original endorsements affecting coverage.
(L) The certificate of insurance and endorsements shall be on forms acceptable to the city and are to be received and approved by the city before the on-site cannabis consumption permit is issued. The on-site cannabis consumption permit will not be issued by the city until acceptable evidence of insurance coverage is on file with the city. The city reserves the right to request full, certified copies of the insurance policies. If requested, the adult-use dispensing organization shall promptly furnish the city with the full, certified copies of the insurance policies and endorsements requested. In no event shall any failure of the city to receive policies or certificates or to demand receipt be construed as a waiver of the adult use dispensing organization's obligation to obtain and keep in force the required insurance.
(M) The insurance carriers providing the required insurance coverage shall have a minimum insurance rating of A and a financial rating of VII according to the Best's Key Rating Guide, shall be duly licensed to do business in the State of Illinois by the Illinois Department of Insurance, and shall not have an unacceptable record of improper conduct or financial problems with the Illinois Department of Insurance.
(N) The Adult-Use Cannabis Dispensing Organization shall have the duty to confirm that the terms of all insurance comply with the above insurance requirements.
(Ord. 19-53, passed 11-12-19)