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AN ORDINANCE AMENDING THE RIVER FOREST VILLAGE CODE REGARDING THE REGULATION OF CANNABIS
WHEREAS, the Village of River Forest (“Village”), is a non-home rule unit of local government as provided by Article VII, Section 7 of the Illinois Constitution of 1970; and
WHEREAS, in order to best serve the public’s health, safety and welfare, the President and Board of Trustees of the Village desire to make certain amendments to the River Forest Village Code (“Village Code”) regarding the regulation of cannabis;
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of River Forest, Cook County, Illinois, as follows:
SECTION 1: Incorporation. That the recitals above shall be and are hereby incorporated in this Section 1 as if restated herein.
SECTION 2: Amendment. That the Village Code is hereby amended as follows, with additions underlined and deletions struck through:
Section 3-1-14 of the Village Code, entitled “Regulation Of Hours Of Operation Of Certain Retail Premises,” is hereby amended as follows:
“Any business primarily devoted to the sale at retail of grocery food, beverages, drugspharmaceuticals, or sundries, commonly known as supermarkets or drugstorespharmacies, consisting of fourteen thousand gross square feet or more, shall be permitted to be in operation only between the hours of seven o'clock A.M. and twelve o'clock midnight. Regulations pertaining to any premises with a liquor license shall also be governed by the provisions of title 8, chapter 5 of this code. Regulations pertaining to any premises selling cannabis shall be governed by the provisions of Title 10 of this Code.”
Section 6-5-3.B.1.b. of the Village Code is hereby amended as follows:
“If it is so labeled as to make the identity of the manufacturer, packer or dealer who sells or offers the same for sale uncertain or doubtful, or which is so labeled or branded as to indicate on the receptacle, vessel or container the name of any firm or corporation other than the firm or corporation actually manufacturing, packing or dealing in the article or product so sold or offered for sale; or if it is labeled or branded so as to deceive or mislead the purchaser, or purports to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and refilled by contents of a different quality or of a different manufacturer, packer or dealer, or if it shall fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilid or any derivatives or preparation of any such substance contained therein.”
Section 6-9-4.C.1. of the Village Code is hereby amended as follows:
“a. Exhibit symptoms of intoxication by alcohol or any illegal drug. Such symptoms might include but are not limited to: incoherent or slurred speech, inability to stand or walk unsupported (in the absence of a permanent disability), inability to stay awake or presence of a strong odor of an alcohol beverage.
b. Possess alcohol or any nonprescriptionillegal drugs.
c. Possess a firearm, firearm ammunition or any other weapon.
d. Are disorderly or abusive.”
Section 8-5-11.D. of the Village Code, entitled “Class 4 – Package Alcoholic Liquor,” is hereby amended as follows:
“Class 4 - Package Alcoholic Liquor: A Class 4 local liquor license shall authorize the sale, on the premises specified in the license, of alcoholic liquor for consumption not on the premises ("package sales"). Package sales shall be limited to premises primarily devoted to the sale at retail of grocery food, commonly known as supermarkets, and pharmaceuticals drugs and sundries, commonly known as pharmacies drugstores, if the pharmacy drugstore is operated in conjunction, and shares a common entrance with, a supermarket, both totally consisting of not less than fourteen thousand gross above grade square feet, subject to the following conditions and restrictions: […]”
Section 8-5-25.I. of the Village Code, entitled “No Sale Or Consumption Of Cannabis,” is hereby created and shall read as follows:
“No licensee shall sell cannabis at a licensed premises. The consumption of cannabis at a licensed premises is prohibited. No licensee shall permit the consumption of cannabis at a licensed premises.”
Section 8-6-4 of the Village Code, entitled “Controlled Substances or Cannabis, Prohibitions,” is hereby amended as follows:
CONTROLLED SUBSTANCE OR CANNABIS: Any drug or controlled substance or cannabis as defined in 720 Illinois Compiled Statutes 570/102.
DRUG PARAPHERNALIA: Articles or equipment commonly used in the consumption or ingestion of controlled substances or cannabis shall include, but are not limited to, the following enumerated articles: cocaine spoons, pot pipes, water pipes, hypodermic needles, syringes, roach clips and literature devoted wholly or substantially to describing or illustrating explicitly the consumption or ingestion of a controlled substance or cannabis which tends to promote the use of a controlled substance or cannabis.
Words and phrases not defined in this Section shall have the meaning given to them in the Illinois Cannabis Control Act, 720 ILCS 550/1, et seq,as amended, the Illinois Controlled Substances Act, 720 ILCS 570/100, et seq, as amended, the Illinois Cannabis Regulation and Tax Act, 410 ILCS 705/1-1, et seq, as amended, and the Illinois Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq, as amended.
B. Possession Of Cannabis: It shall be unlawful for any person under the age of 21 years knowingly to possess any quantity of cannabis.and it shall be a violation of this section to possess an amount not exceeding thirty grams.
1. Except if otherwise authorized by law, for a person who is 21 years of age or older and a resident of the State of Illinois, it shall be unlawful for any person to possess cannabis in excess of the following possession limits:
a. 30 grams of cannabis flower;
b. no more than 500 milligrams of THC contained in cannabis-infused product;
c. 5 grams of cannabis concentrate; and
d. for registered qualifying patients, any cannabis produced by cannabis plants grown under 410 ILCS 705/10-5(b), provided any amount of cannabis produced in excess of 30 grams of raw cannabis or its equivalent must remain secured within the residence or residential property in which it was grown.
2. For a person who is 21 years of age or older and who is not a resident of the State of Illinois, the possession limit is:
a. 15 grams of cannabis flower;
b. 2.5 grams of cannabis concentrate; and
c. 250 milligrams of THC contained in a cannabis-infused product.
The possession limits found in subsections B.1. and B.2. of this Section are to be considered cumulative.
C. Displays And Exhibits: It is unlawful for any person publicly to exhibit or display for sale any drug paraphernalia, articles or equipment commonly used in the consumption or ingestion of controlled substances or cannabis, except where such articles are prescribed for strictly medical purposes and are used as such.
D. Sale To Minors: It is unlawful for any person to sell or offer to sell any paraphernalia, articles or equipment commonly used in the consumption or ingestion of controlled substances or cannabis to any person under the age of eighteen years, except where such articles or equipment are prescribed for strictly medical purposes and are used as such. It is unlawful for any person to sell or offer to sell any paraphernalia, articles or equipment commonly used in the consumption or ingestion of cannabis to any person under the age of 21 years, except where such articles or equipment are prescribed for strictly medical purposes and are used as such.
E. Violation: Whenever a police officer of the village observes a violation of this section, he may issue a violation notice to the person committing the violation. The violation notice shall be signed by the police officer and shall include the following:
1. The name of the person violating this section and his or her address, if known.
2. The nature of the offense.
3. Every person found guilty of violating this section shall be guilty of a petty offense and be punished by a fine of not more than seven hundred fifty dollars. In lieu of, or in addition to, a finding of guilt and/or a fine, a judicial officer may order a person to complete up to forty hours of community service, under an order of supervision if appropriate. as follows:
a. The first violation of this section shall be punishable by a fine of no less than two hundred fifty dollars nor more than seven hundred fifty dollars. Up to forty hours of community service may be substituted for all or part of this fine. A sentence of community service will be accompanied by a minimum fine of fifty dollars.
b. A second violation of this section by the same person within a twelve month period shall be punishable by a fine of no less than five hundred dollars nor more than seven hundred fifty dollars.
c. A third or subsequent violation of this section by the same person within a twelve month period shall be punishable by a fine of no less than seven hundred fifty dollars.”
SECTION 3:Continuing Effect. That all parts of the Village Code not amended herein shall remain in effect.
SECTION 4:Severability. That if any Section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such Section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.
SECTION 5:Repeal. That all ordinances, resolutions, motions or parts thereof in conflict with this Ordinance shall be and the same are hereby repealed.
SECTION 6:Effectiveness. That this Ordinance shall be in full force and effect upon its passage and approval according to law.
PASSED this 9th day of December, 2019 by the Village President and Board of Trustees pursuant to a roll call vote as follows:
AYES: TRUSTEES BACHNER, BRENNAN, CARGIE, O’CONNELL, VAZQUEZ
ABSENT: TRUSTEE HENEK
APPROVED by me this 9th day of December, 2019.
Catherine Adduci, Village President
Kathleen Brand-White, Village Clerk