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A licensee shall post a valid current massage establishment license pursuant to section 8-1-13 of this chapter. (Ord. 18-382, 7-9-2018)
A. Any person violating any provision of this chapter shall be fined in accordance with the provisions set forth in section 1-1-5 of this Code except, however, that any violation of subsection 8-38-4B, D or E of this article shall be a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00) per day for each day an offense occurs.
B. It shall be an affirmative defense for an employee or massage therapist that the employee or massage therapist was under duress or was coerced into violating any provision of this article. A victim of trafficking in persons pursuant to applicable State or Federal law shall not be deemed criminally liable for any violation of this article committed as a direct result of, or incident related to, being trafficked. Where such affirmative defense is applicable to an employee or massage therapist, such affirmative defense shall not apply to the licensee if the licensee participated in creating such coercion or duress, or knew or should have known of the existence of such coercion or duress. (Ord. 18-382, 7-9-2018)
ARTICLE 39
CANNABIS BUSINESS ESTABLISHMENTS
CANNABIS BUSINESS ESTABLISHMENTS
SECTION:
8-39-1: Definitions
8-39-2: Business Registration Certificate Required
8-39-3: General Provisions
8-39-4: Application
8-39-5: Change In Information Contained In Application
8-39-6: Registration Fee
8-39-7: Term Of Registration; Renewal
8-39-8: Registration Certificate And State Licenses Display
8-39-9: Operating Without Registration
8-39-10: Inspection
8-39-11: Operation Requirements
8-39-12: Control Of Emissions; Disposal Of Materials
8-39-13: Hours Of Operation
8-39-14: Advertising
8-39-15: Report To Village Police
8-39-16: Discontinuance Of Cannabis Business Establishment
8-39-17: Sale Or Delivery Of Cannabis
8-39-18: Cannabis Paraphernalia
8-39-19: Underage Person; Prohibition
8-39-20: Signage And Warnings
8-39-21: Additional Regulations For Adult Use Cannabis Transporters
8-39-22: Transporting Agents
8-39-23: Consumption At Or In A Cannabis Business Establishment
8-39-24: Consumption In Parking Lot Adjacent To Cannabis Business Establishment
8-39-25: Violations; Penalties
8-39-26: Adoption Of State Act; Conflict
The words and phrases set forth below are hereby defined as follows for the purposes of this article:
ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure, and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Act, as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport, and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Act, as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Act, as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Act, as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Act, as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Act, as it may be amended from time to time, and regulations promulgated thereunder.
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, billboard advertising, and the display of window and interior signs. "Advertise" does not mean exterior signage displaying only the name of the licensed cannabis business establishment.
AGENT-IN-CHARGE: As required by the Act, a full-time agent or principal officer of the cannabis business establishment that is responsible for opening and closing the establishment, delivery acceptance, oversight of sales and agents, recordkeeping, inventory, training, and compliance with state and local law.
CANNABIS: Cannabis shall be as defined in the Act, 410 Illinois Compiled Statutes 7-5/1-10, as amended, as marijuana, hashish, and other substances that are identified as including any parts of the plant 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, or 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 that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means cannabis flower, concentrate, and cannabis infused products.
CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization, or transporting organization.
CANNABIS CONCENTRATE: A product derived from cannabis that is produced by extracting cannabinoids from the plant through the use of propylene glycol, glycerin, butter, olive oil, or other typical cooking fats; water, ice, or dry ice; or butane, propane, CO2, ethanol, or isopropanol. The use of any other solvent is expressly prohibited unless and until it is approved by the Department of Agriculture.
CANNABIS-INFUSED PRODUCT: A beverage, food, oil, ointment, tincture, topical formulation, or another product.
CANNABIS PARAPHERNALIA: Equipment, products and materials which are intended to be used for planting, propagating, cultivating, growing, harvesting, manufacturing, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting or otherwise introducing cannabis into the human body.
CLONE: A plant section from a female cannabis plant not yet rootbound, growing in a water solution or other propagation matric that is capable of developing into a new plant.
DEPARTMENT: The Village's Development Customer Services Department.
LIMITED ACCESS AREA: A building, room, or other area under the control of a cannabis dispensing organization licensed under the Act and upon the licensed premises with access limited to purchasers, dispensing organization owners and other dispensing organization agents, or service professionals conducting business with the dispensing organization.
ORDINARY PUBLIC VIEW: Within the sight line with normal visual range of a person, unassisted by visual aids, from a public street or sidewalk adjacent to real property, or from within an adjacent property.
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.
STATE ACT OR ACT: The Cannabis Regulation and Tax Act of Illinois, 410 Illinois Compiled Statutes 705/1 et seq., as amended.
TINCTURE: A cannabis infused solution, typically comprised of alcohol glycerin, or vegetable oils, derived either directly from the cannabis plant or from a processed cannabis extract. A tincture is not an alcoholic liquor as defined in the Liquor Control Act of 1934. A tincture shall include a calibrated dropper or other similar device capable of accurately measuring servings.
UNDERAGE PERSON: An individual under the age of twenty one (21) years old.
VILLAGE: The Village of Oak Park. (Ord. 20-013, 2-24-2020)
A. A separate registration is required for each cannabis business establishment location and each cannabis business establishment operating within the Village.
B. The cannabis business establishment registration requirement shall be in addition to, and not in lieu of, any licensing and permitting requirements imposed by any other federal, state, or local law. No cannabis establishment or craft grower may operate in the Village without first receiving all required approvals for the operation of a cannabis business establishment, including but not limited to, approvals from the Village, the Illinois Department of Financial and Professional Regulation and the Illinois Department of Agriculture as applicable. Proof of receipt of all required approvals must be provided to the Village prior to the operation of a cannabis business establishment.
C. By registering with the Village, a cannabis business establishment consents to all inspections by the Village that are necessary to ensure that the cannabis business establishment is maintained and operated in compliance with all applicable ordinances and regulations and in accordance with the information contained in the cannabis business establishments' application.
D. A cannabis business establishment registration certificate may be denied, non-renewed, suspended, and revoked pursuant to the terms of this chapter.
E. A cannabis business registration certificate for a cannabis business establishment is not transferable or assignable, including without limitation, non- transferable to a different location, to a different type of business, to a different cannabis business classification, or to a different owner. (Ord. 20-013, 2-24-2020)
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