(A) Purpose and applicability . It is the intent and purpose of this section to prohibit or provide reasonable regulations, as applicable, regarding the cultivation, processing, transportation and dispensing of adult-use and medical cannabis occurring within the corporate limits of the village. Such facilities, where allowed, shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027), the Medical Cannabis Act (P.A. Public Act 098-0122), as recently amended by P.A. 101-363, and as either act may be subsequently amended from time-to-time, as well as the regulations promulgated thereunder, and the regulations provided for below. In the event that either act is amended, the more restrictive of the state or local regulations shall apply. In addition, any adult-use or medical cannabis business establishment shall at all times comply with the terms and conditions of any special use permit that may be granted for its operation.
(B) Certain adult-use cannabis business establishments prohibited. The village, pursuant to authority granted to units of local government in the cannabis regulation and taxation act to prohibit the location of all or certain adult-use cannabis business establishments, prohibits the location of the following adult-use cannabis business establishments within the village boundaries: adult-use cannabis craft growers, cultivation centers, infuser organizations, processing organizations, and transporting organizations.
(C) Facility components. In zoning districts in which adult-use or medical cannabis dispensing organization facilities or medical cannabis cultivation centers are allowed as special uses, the following materials need to be submitted by any proposed facility as part of the special use application for review and evaluation by village staff in order to determine compliance with the village's use standards as set forth herein, and with other village requirements:
(1) The proposed plan of operations of the adult-use or medical cannabis dispensing organization or medical cannabis cultivation center demonstrating the intent of the organization to operation in full compliance with the Cannabis Regulation and Tax Act and/or Medical Cannabis Act, as applicable.
(2) The proposed security plan and lighting plan for the adult-use or medical cannabis dispensing organization or medical cannabis cultivation center, outlining the proposed security arrangements to deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and the theft of cannabis or cannabis products from the dispensing organization or cultivation center, and to ensure the safety of employees and customers of the dispensing organization or cultivation center, as well as the surrounding area, and including no less than the minimum security and lighting measures required by state law. The security plan shall be reviewed and approved by the Chief of Police.
(3) Information on the proposed structure in which the adult-use or medical dispensing organization facility or medical cannabis cultivation center will be located, including total square footage, security installations and building code compliance.
(4) Site plan of the adult-use or medical dispensing organization or medical cultivation center, including ingress and egress access points and internal site circulation.
(5) Proposed signage plan and parking plan of the adult-use or medical dispensing organization or medical cannabis cultivation center.
(D) Minimum distance requirements.
(1) No adult-use or medical cannabis dispensing organization shall be located within 500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or public park. Professional, vocational or specialized instructional centers or schools are not classified as public or private schools for purposes of this division.
(2) No medical cannabis cultivation center shall be located on property that is within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school, day care center, day care home, group day care home, part day child care facility, residential zoning district, public park, public library, government office, or place of worship. Professional, vocational or specialized instructional centers or schools are not classified as public or private schools for purposes of this subsection.
(E) No on-site consumption or use. Consumption or use of cannabis is prohibited within adult-use or medical cannabis dispensing organizations or medical cannabis cultivation centers and within the parking areas or other public areas of adult-use or medical cannabis dispensing organizations or medical cannabis cultivation centers. Dispensing organizations are required to prominently display signs regarding this prohibition near the exit door or doors of the facility.
(F) Food. No adult-use or medical cannabis dispensing organization shall also sell food for consumption on the premises.
(G) Product display. No products sold by an adult-use or medical cannabis dispensing organization shall be visible from the public street, sidewalk or other public place.
(H) Parking enforcement agreements. The property owner and/or adult-use or medical cannabis dispensing organization owner shall, prior to occupancy, enter into a parking enforcement agreement with the Village pursuant to Section 11-209 of the Illinois Vehicle Code (625 ILCS 5/11-209). Such agreement shall authorize the village police department to, among other things, enforce such reasonable rules and regulations with respect to traffic, parking and loitering in a parking area as local conditions may require for the safety and convenience of the public or of the users of the parking area of the adult-use or medical cannabis business establishment.
(I) Hours of operation. Adult-use and medical cannabis dispensing organizations shall operate only between the hours of 7:00 a.m. and 10:00 p.m.
(J) Cooperation with village. Adult-use or medical cannabis dispensing organizations and medical cannabis cultivation centers and property owners where such dispensing organizations or cultivation centers are located shall provide access to village police, fire and code enforcement personnel during periods when employees are present to verify compliance with this section and other village ordinances. Adult-use or medical cannabis dispensing organizations and medical cannabis cultivation centers and property owners where such dispensing organizations or cultivation centers are located shall cooperate with the village police, fire and code enforcement personnel in the provision of security footage when requested, and in any related prosecution of any persons who violate state law or local ordinances within an adult-use or medical cannabis dispensing organization or medical cannabis cultivation center and on properties where such organizations or cultivation centers are located.
(K) Odors. No cannabis odors shall be detectable outside of the adult-use or medical cannabis dispensing organization or medical cannabis cultivation center.
(L) Compliance. Applicants seeking to open an adult-use or medical cannabis dispensing organization facility or medical cannabis cultivation center shall provide the village with proof of state licensing approval prior to the issuance by the village of a certificate of occupancy. Persons operating an adult-use or medical cannabis dispensing organization facility shall annually provide to the village all state inspection reports and other information necessary to verify ongoing compliance with state and village requirements. Applicants shall, after commencing operations, provide to the village, within seven days of receipt, copies of any notices, citations or other enforcement actions undertaken against the facility by the state, along with an explanation as to what steps are being taken by the applicant to bring the facility back into compliance.
(M) An adult-use or medical cannabis dispensing organization shall be the primary use on the property and in the building in which it is located. Retail sales occurring within the building where the facility is located shall be accessory to the facility's primary use as a dispensing organization. Such accessory retail sales, which shall include the sale of medical cannabis-related products and/or paraphernalia, but shall exclude actual adult-use and medical cannabis and adult-use and medical cannabis infused products, shall not occupy more than 10% of the gross floor area of the building in which the facility is located.
(N) Any special use granted for an adult-use or medical cannabis dispensing organization or a medical cannabis cultivation center shall not run with the land, but shall instead terminate upon any change in ownership or upon abandonment of the use by the owner who received the special use for a period in excess of 180 days.
(Ord. 13-27, passed 3-24-14; Am. Ord. 19-43, passed 12-9-19)