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ORDINANCE NO. 04
AN ORDINANCE PROHIBITING CANNABIS BUSINESS ESTABLISHMENTS
WHEREAS, the Board of Trustees of the Village of Strnnghurst has the authority to adopt ordinances that protect the public health, safety, and welfare of its citizens; and
WHEREAS, pursuant to 410 ILCS 705/55-25, the Board of Trustees of the Village of Stronghurst has the authority to adopt ordinances that regulate cannabis business establishments; and
WHEREAS, theBoardofTrusteesoftheVillageofStronghursthasdeterminedthatthe operationofcannabisbusinessestablishmentswouldpresentadverseimpactsuponthehealth, safety, and welfare of the residents, and additional costs, burdens, and impacts upon law en forcement operations of the Village;and
NOW,THEREFORE,BEITORDAINEDBYTHEPRESIDENTANDBOARDOF TRUSTEES OF THE VILLAGE OF STRONGHURST, HENDERSON COUNTY, ILLINOIS, ASFOLLOWS:
Section1. Definitions.The following words and phrases shall, for the purposes of this Ordinance, have the meanings respectively ascribed to them by this section, as follows:
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
ADULT-USECANNABISCRAFTGROWER:Afacilityoperatedbyanorganizationorbusinessthatis 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 organi zation or use at a processing organization, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgatedthereunder.
ADULT-USECANNABISCULTIVATECENTER:Afacilityoperatedbyanorganizationorbusinessthat is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-in.fused products to licensed cannabis busi nessestablishments, the Cannabis Regulation and Tax Act, as it may be amended from ti.me te-time, and regulations promulgatedthereunder.
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 dispensingcannabis,cannabis-infusedproducts,cannabisseeds,paraphernaliaorrelatedsupplies topurchasersortoqualifiedregisteredmedical cannabis patientsandcaregivers,perthe CannabisRegulationandTaxAct,asitmaybeamendedfromtime-to-time,andregulations promulgatedthereunder.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organiza tion or business that is licensed buy the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused prod uct, per the Cannabis Regulation and Tax 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 Cannabis Regulation and Tax 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 Col lege Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgatedthereunder.
PERSON: Any person, firm, corporation, association, club, society, or other organization, including any owner, manager, proprietor, employee, volunteer, or agent.
Section2.CannabisBusinessEstablishmentsProhibited.ThefollowingAdult-UseCannabis Business Establishments are prohibited in the Village of Stronghurst. No person shall locate, op erate, own, suffer, allow to be operated, or aide, abet, or assist in the operation within the Village of Stronghurst any of thefollowing:
Adult-Use Cannabis CraftGrower
Adult-Use Cannabis CultivationCenter
Adult-Use Cannabis DispensingOrganization
Adult-Use Cannabis Infuser Organization orInfuser
Adult-Use Cannabis Processing Organization orProcessor
Adult-Use Cannabis Transporting Organization orTransporter
Section3.PublicNuisanceDeclared. Operationofanyprohibitedcannabisbusinessestablish ment within the Village of Stronghurst in violation of the provisions of this Ordinance is hereby declared a public nuisance and shall be abated pursuant to all availableremedies.
Section4.Severahility. IfanyprovisionofthisOrdinance,ortheapplicationofanyprovisionof thisOrdinance, isheldunconstitutionalorotherwiseinvalid,suchoccurrenceshallnotaffect
otherprovisionsofthisOrdinance,ortheirapplication,thatcanbegiveneffectwithouttheun constitutionalorinvalidprovisionoritsapplication.Eachunconstitutionalorinvalidprovision, orapplicationofsuchprovision,isseverable,unlessotherwiseprovidedbythisOrdinance.
Section 5. Effective Date. This Ordinance shall be in full force and effect from and after its pas
sage and approval as provided by law.
Passed this 4th day of November, 2019.