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A. Drug Paraphernalia. It is unlawful for any person or persons as principal, clerk, agent or servant to sell or in any manner distribute (including offering to sell, delivering or giving away) any "drug paraphernalia," defined for purposes of this Section as "all equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Methamphetamine Control and Community Protection Act, 720 ILCS 646/10, which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the Cannabis Control Act, 720 ILCS 550/1 et seq., the Illinois Controlled Substances Act, 720 ILCS 570/102, the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq. or the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq. or this Section.
B. Exemptions. This Section does not prohibit the following as "drug paraphernalia":
1. Items used in the preparation, compounding, packaging, labeling, or other use of a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale;
2. Items historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance. Items exempt under this subsection include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers;
3. Items defined in subsection (a) of this Section which are used for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this Section;
4. A person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act;
5. Items used by law enforcement personnel to present educational programs concerning the prevention of substance abuse; and
6. Items used solely for the authorized consumption of medical cannabis pursuant to the Cannabis Regulation and Tax Act, 410 ILCS 705/1 or the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq.
C. Regulations. The Chief of Police is authorized and directed to adopt and enforce such regulations as may be necessary to give effect to the provisions of this section.
D. License Application. A valid village license is required to sell or distribute for lawful use any exempt materials described in paragraph B of this Section whose sale or distribution is otherwise authorized by state law. Application for the license required by this section shall be made in writing to the Village Manager and shall set forth the name and address of the applicant and shall be accompanied by affidavits of the applicant and of each and every employee authorized to sell, or in any manner distribute, items described in this section, stating that such person has never been convicted of a drug related offense.
E. License Fee. The fee for the license required by this section shall be set from time to time by resolution of the Village Council.
F. Sale to Minors. It is unlawful to sell, or in any manner distribute, any item described in this Section 9.04.070 in any form to a person not yet 21 years of age, except as permitted pursuant to the Compassionate Use of Medical Cannabis Program Act.
G. Records. Every person holding a license under this section shall keep a record of every item described in this section which is sold or otherwise distributed. Such record shall contain the name and address of the purchaser or recipient, the name and quantity of the product, the date and time of sale or distribution, and the signature of the licensee or licensee’s agent. Such records shall be retained for not less than two years and shall be open to the inspection by any police officers at any time during the licensee’s regular business hours.
H. Compliance With Regulations. Every licensee and licensee’s agent shall comply with all regulations of the Chief of Police promulgated in accordance with the provisions of this section.
(MC-10-2019, Amended, 12/17/2019; Prior code § 45.15)