CHAPTER 117: SALE OF CANNABIS
Section
   117.01   Adult-use cannabis; purpose and applicability
   117.02   Definitions
   117.03   Licenses required
   117.04   Application for license
   117.05   Restriction on number of licenses
   117.06   License fees
   117.07   Duration of license
   117.08   Responsibility for agents and employees
§ 117.01 ADULT-USE CANNABIS; PURPOSE AND APPLICABILITY.
   It is the intent and purpose of this chapter to provide regulations regarding the cultivation, processing, dispensing and same uses of adult-use cannabis occurring within the Village of Orland Hills. Such facilities shall comply with all regulations provided in the Act and the requirements of this chapter. In the event that the Act is amended, the more restrictive of the state or village regulations shall apply.
(Ord. 2022-002, passed 1-5-22)
§ 117.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates a different meaning.
   ACT. The Cannabis Regulation and Tax Act (ILCS Ch. 410, Act 705) as may be amended from time to time and any regulations promulgated pursuant to the Act.
   ADULT-USE CANNABIS BUSINESS ESTABLISHMENT. An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization, transporting organization or cannabis consumption lounge.
   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, pursuant to the Act.
   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, pursuant to the Act.
   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, pursuant to the Act. Such a facility may allow on-premises consumption of cannabis as authorized by ILCS Ch. 410, Act 705, § 55-25(3).
   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 pursuant to the Act.
   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 pursuant to the Act.
   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 pursuant to the Act.
   CANNABIS CONSUMPTION LOUNGE. An indoor and/or outdoor confined space where cannabis may be consumed by persons over 21 years of age, by smoking, vaporizing or by edible consumption of cannabis, but where there shall be no cannabis sales permitted. The sale of foods and beverages subject to all applicable licensing restrictions, and other related items, including but not limited to cannabis consumption paraphernalia, shall also be permitted. The sale, consumption or possession of alcoholic beverages is prohibited. Only cannabis obtained from a licensed cannabis dispensing organization may be consumed at a cannabis consumption lounge, however, a cannabis consumption lounge shall not be required to have an adult use cannabis dispensing organization license or any other license pursuant to the Act.
   PERSON. Any person, firm, corporation, association, club, society or other organization, including any new owner, manager, proprietor, employee, volunteer or agent.
(Ord. 2022-002, passed 1-5-22)
§ 117.03 LICENSES REQUIRED.
   It shall be unlawful for any person to sell or offer to sell cannabis without having any license required by the Act and the local license required by this chapter, however, nothing in this chapter shall regulate the sale or distribution of cannabis which is being sold or distributed pursuant to the Compassionate Use of Medical Cannabis Program Act, ILCS Ch. 410, Act 130.
(Ord. 2022-002, passed 1-5-22)
§ 117.04 APPLICATION FOR LICENSE.
   Applications for a local license shall be made to the Village Clerk, in writing, signed by the applicant if an individual, signed by each individual partner if a partnership, or signed by a duly authorized agent thereof if corporation, verified by oath or affidavit, and shall contain or be subject to the following statements, information and requirements:
   (A)   The applicant's name, mailing address and telephone number.
   (B)   The name and address of the applicant's business.
   (C)   If applicable, the date of the filing of the "assumed name" of the business with the County Clerk of Cook County.
   (D)   In case the applicant is a partnership, the date of the formation of the partnership, the full name, age, address and telephone numbers of all persons with an ownership interest in the partnership, or who have a right to receive a direct or indirect benefit from the profits of the partnership.
   (E)   In the case of a corporation, if an Illinois corporation, the date of its incorporation, or if a foreign corporation, the state where it was incorporated and the date of its becoming qualified under the Illinois Business Corporation Act to transact business in the state of Illinois, and in either case, a statement of the objects for which the corporation was organized, the full name, age, address and telephone number of all shareholders with an aggregate of more than 5% of the capital stock of the corporation or of any person(s) receiving a direct or indirect benefit from the profits of the sale of cannabis in the village.
   (F)   The name, age, address and telephone number of the person(s) who will manage the business of the applicant in the village.
   (G)   The location and description of the premises or place of business which is to be operated under such license and the following information:
      (1)   If a leased premises, a copy of the lease shall be provided and the lease shall be for a term of sufficient length to encompass the term of the license sought; and
      (2)   The name and address of the owner or owners of the premises and the names and addresses of all the owners of the beneficial interest of any trust if said premises is held in trust.
   (H)   Except in the case of a cannabis consumption lounge, where no state license is required, a copy of the applicable license issued by the State of Illinois.
   (I)   An applicant shall first apply for and receive a license from the village for any of the adult-use cannabis business establishment before seeking any building, occupancy or other authorization from the village, as may be required.
(Ord. 2022-002, passed 1-5-22)
§ 117.05 RESTRICTION ON NUMBER OF LICENSES.
   The Village Clerk shall not issue more than the number of licenses set forth hereinbelow for each class:
LICENSE
NUMBER
LICENSE
NUMBER
Adult-use cannabis craft grower
0
Adult-use cannabis cultivation center
0
Adult-use cannabis dispensing organization
2
Adult-use cannabis infuser organization or infuser
0
Adult-use cannabis processing organization or processor
0
Adult-use cannabis transporting organization or transporter
0
Cannabis consumption lounge
1
 
(Ord. 2022-002, passed 1-5-22; Am. Ord. 2022-014, passed 11-16-22)
§ 117.06 LICENSE FEES.
   (A)   Fees enumerated. The annual fee for the various classes licenses authorized herein for the administration hereof shall be as follows:
LICENSE
FEE
LICENSE
FEE
Adult-use cannabis craft grower
10,000
Adult-use cannabis cultivation center
10,000
Adult-use cannabis dispensing organization
15,000
Adult-use cannabis infuser organization or infuser
10,000
Adult-use cannabis processing organization or processor
10,000
Adult-use cannabis transporting organization or transporter
10,000
Cannabis consumption lounge
10,000
 
   (B)   License denial; return portion of fee. At the time application is made to the Village Clerk for the issuance of a license of any class, the applicant shall pay to the village the fee provided for the class of license for which the application is filed. In the event the license applied for is issued, the fee shall be applied to the license; however, in the event the license applied for is denied, or the license applied for is withdrawn by the applicant, the fee, except for a processing charge of $250, shall be returned to the applicant.
   (C)   License revocation; forfeiture of fee. Whenever any license hereunder has been revoked as provided for in this chapter, the licensee shall incur a forfeiture of all monies that have been paid for said license.
   (D)   Payment of fees. A licensee may elect to pay the license fee for two consecutive years at one time.
   (E)   Renewal applications, All renewal applications for licenses shall be filed by November 30 in the year in which the license is scheduled to expire.
(Ord. 2022-002, passed 1-5-22)
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