[Ord. 2021-941, 4-19-2021]
It shall be unlawful for any person to sell or to offer for
sale at retail any adult recreational use marijuana within the corporate
limits of the City without having first obtained a license as provided
by this chapter.
[Ord. 2021-941, 4-19-2021]
(A)
Application for such licenses shall be made to the Mayor in writing,
signed by the applicant if an individual or by a duly authorized agent
thereof if a club or corporation, verified by oath or affidavit, and
said application shall contain the following information and statements:
1.
The name, age and address of the applicant in case of an individual;
in the case of a copartnership, the persons entitled to share in the
profits thereof; and in the case of a corporation for profit or a
club, the date of incorporation, the objects for which it was organized,
the names and addresses of the officers and directors; and if a majority
in interest of the stock of such corporation is owned by one person
or his nominees, the names and addresses of such persons; and if the
business is to be run by a manager, the name and address of the manager
shall also be included;
2.
The citizenship of the applicant, his place of birth and if a naturalized
citizen, the time and place of his naturalization;
3.
The character of the business of the applicant; and in the case of
a corporation, the objects for which it was formed;
4.
The length of time that said applicant has been in business of that
character, or in the case of a corporation, the date on which its
charter was issued;
5.
The amount of goods, wares and merchandise on hand at the time application
is made;
6.
The location and description of the premises or place of business
which is to be operated under such license;
7.
A statement whether applicant has made similar application for a
similar license on premises other than described in this application,
and the disposition of such application;
8.
A statement that applicant has never been convicted of a felony and
is not disqualified to receive a license by reason of any matter or
thing contained in this chapter, laws of this state, or the provisions
of this Code;
9.
Whether a previous license by any state or subdivision thereof, or
by the federal government has been revoked, and the reasons therefore;
10.
A statement that the applicant will not violate any of the laws
of the State of Illinois or of the United States, or any ordinance
of the City in the conduct of his place of business; and a further
statement that applicant is qualified to obtain a license to sell
at adult recreational use cannabis from the State of Illinois;
11.
A statement as to whether the applicant is a resident of the
City.
(B)
Upon the filing of an application for a license to the City Council,
as provided in this chapter, the City Council shall upon such, investigate
the applicant for a license and shall upon such investigation, approve
or reject the application by granting the license or by not granting
the license; provided, however, that no such license shall be granted
or refused in less than one week's time after the presentation
of the application to the City Council.
[Ord. 2021-941, 4-19-2021]
No such license shall be issued to:
(A)
A person who is not of good character and reputation in the community
in which he resides;
(B)
A person who is not a citizen of the United States;
(C)
A person who has been convicted of a felony under any federal or
state law, if the state has determined, after investigation, that
such person has not been sufficiently rehabilitated to warrant the
public trust;
(D)
A person who has been convicted of being the keeper or is keeping
a house of ill fame;
(E)
A person who has been convicted of pandering or other crime or misdemeanor
opposed to decency and morality;
(F)
A person whose license issued under this chapter has been revoked
for cause;
(G)
A person who at the time of application for renewal of any license
issued hereunder would not be eligible for such license upon a first
application;
(H)
A copartnership, unless all of the members of such copartnership
shall be qualified to obtain a license;
(I)
A corporation, if any officer, manager or director thereof or any
stockholder or stockholders owning in the aggregate more than 5% of
the stock of such corporation, would not be eligible to receive a
license hereunder for any reason other than citizenship and residence
within the political subdivision;
(J)
A corporation, unless it is incorporated in Illinois, or unless it
is a foreign corporation which is qualified under the Illinois Business
Corporation Act to transact business in Illinois;
(K)
A person whose place of business is conducted by a manager or agent,
unless the manager or agent possesses the same qualifications required
of the licensee;
(L)
A person who does not beneficially own the premises for which a license
is sought, or does not have a lease thereon for the full period for
which the license is to be issued;
(M)
Any law enforcing public official, including members any Mayor, Alderman,
or member of the City Council or commission, any president of a village
board of trustees, any member of a village board of trustees, or any
president or member of a county board; and no such official shall
be interested in any way, either directly or indirectly, in the manufacture,
sale or distribution of cannabis, except that license may be granted
to such official in relation to premises which are not located within
the territory subject to the jurisdiction of that official if the
issuance of such license is approved by the State of Illinois;
(N)
A person who is not a beneficial owner of the business to be operated
by the licensee.
[Ord. 2021-941, 4-19-2021]
There shall only be allowed one recreational adult use cannabis
dispensary. The Mayor shall furnish the Clerk, treasurer and Chief
of Police each with a copy of the license thereof; upon the issuance
of any new license, or the revocation of any old license, the Mayor
shall give written notice of such action to each of the aforesaid
officers within 48 hours of such action.
[Ord. 2021-941, 4-19-2021]
It shall be unlawful for anyone to consume cannabis on-site
at a recreational adult use cannabis dispensary.
[Ord. 2021-941, 4-19-2021]
The application fee for a recreational adult use cannabis dispensary
shall be a nonrefundable $2,500. The yearly annual fee shall be $2,500
due May 1 of each year.
[Ord. 2021-941, 4-19-2021]
No license shall be issued for any recreational adult use cannabis
dispensary within 250 feet of any church or school within the City
of Lincoln.
[Ord. 2021-941, 4-19-2021]
A license shall permit the sale of creational adult use cannabis
only on the premises described in the application and license. Such
location may be changed only with the written permit to make such
change issued by the City Council. No change of location shall be
permitted unless the proposed new location is a proper one for the
sale of creational adult use cannabis under the laws of this state
and the provisions of this Code. Any such change shall be allowed
only after receipt of a $2,500 fee payable to the City of Lincoln.
[Ord. 2021-941, 4-19-2021]
Recreational adult use cannabis dispensary can operate between
the hours of 10:00 a.m. through 10:00 p.m. Monday through Saturday
and 12:00 p.m. through 6:00 p.m. on Sunday. It shall be illegal to
operate outside of those designated times.
[Ord. 2021-941, 4-19-2021]
The City Council shall have power to grant licenses and to revoke
for cause any or all licenses issued to persons for the sale of creational
adult use cannabis within the City, and they shall revoke any license
for any violation of any of the provisions of this chapter or for
any violation of any state law pertaining to the sale of creational
adult use cannabis. Any license issued under this chapter may be suspended
or revoked by the City Council commissioner for any one of the following
reasons:
