It is the intent and purpose of this article to require persons
and entities engaging in the business of dispensing of cannabis at
retail stores within the corporate limits of the Village of Lincolnwood
to register with the Village and comply with minimum standards and
operational requirements. Cannabis retailers must comply with all
regulations provided in the Cannabis Regulation and Tax Act (410 ILCS
705/1 et seq.) and the Compassionate Use of Medical Cannabis Program
Act (410 ILCS 130/1 et seq.), as those statutes may be amended from
time to time, any regulations promulgated thereunder, and the regulations
provided in this article. In the event that either the Adult-Use Cannabis
Act or Medical Cannabis Act is amended, the more restrictive of the
state or local regulations shall apply. The Village Finance Director
shall create the procedures governing the application process and
issuance of cannabis retailers certificates of registration.
The following words and phrases shall, for the purposes of this
article, have the meanings respectively ascribed to them by this section,
as follows:
ADULT-USE CANNABIS DISPENSARY
A facility operated by an organization or business that is
licensed by the Illinois Department of Financial and Professional
Regulation for the purpose of selling or dispensing cannabis, cannabis-infused
products, cannabis seeds, paraphernalia or related supplies to purchasers
or to qualified registered medical cannabis patients and caregivers,
per the Adult-Use Cannabis Act, as that statute may be amended from
time to time, and any regulations promulgated thereunder.
CANNABIS
Marijuana, hashish, and other substances that are identified
as including any parts of the plant Cannabis sativa and including
derivatives or subspecies, such as indica, of all strains of cannabis,
whether growing or not; the seeds thereof, the resin extracted from
any part of the plant; and any compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin, including
tetrahydrocannabinol (THC) and all other naturally produced cannabinol
derivatives, whether produced directly or indirectly by extraction;
however, "cannabis" does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks ( except the resin extracted from
it), fiber, oil or cake, or the sterilized seed of the plant that
is incapable of germination. "Cannabis" does not include industrial
hemp as defined and authorized under the Industrial Hemp Act. "Cannabis"
also includes concentrate and cannabis-infused products.
CERTIFICATE OF REGISTRATION
Documentary proof that a cannabis retailer is permitted to
sell cannabis at retail in the Village and is in compliance with all
requirements of this Article 17.
MEDICAL CANNABIS ACT
The Compassionate Use of Medical Cannabis Program Act (410
ILCS 130/1 et seq.).
MEDICAL CANNABIS DISPENSARY
A facility operated by an organization or business that is
registered by the Illinois Department of Financial and Professional
Regulation for the purpose of dispensing cannabis, paraphernalia,
or related supplies and educational materials to registered qualifying
patients (as that term is defined in the Illinois Compassionate Use
of Medical Cannabis Program Act, 410 ILCS 130/1 et seq.).
OPERATIONS PLAN
A required component of the cannabis retailer registration
application which shall include, but not be limited to, the following
information and as requested by and approved by the Village Finance
Director as part of the application process:
(A)
A floor plan depicting the designated locations within the licensed
premises where i) queuing of customers will occur; ii) identification
of customers will be verified; iii) customers will wait to be admitted
to the sales floor; iv) retail transactions of cannabis will be conducted,
including the number of sales kiosks; and v) delivery and storage
of cannabis will be conducted;
(B)
A site plan of the exterior of the registered premises depicting
parking and site circulation for customers' vehicles;
(C)
The types of cannabis products that will be offered for sale,
the hours of operation, and methods of packaging and delivery to customers;
and
(D)
Security methods and systems for the registered premises.
REGISTERED PREMISES
The retail location of a cannabis retailer and the appurtenant
parking areas permitted to operate in the Village pursuant to a certificate
of registration.
The fees for registration and renewal of a registration as a
cannabis retailer shall be as set forth in the Annual Fee Resolution.
Registered cannabis retailers must comply with the following operational requirements and restrictions. Failure to comply with these requirements and restrictions shall be deemed a violation of the cannabis retailer's registration and will be subject to the penalties set forth in Section
9-17-9.
(A) Display
of certificate of registration. Each registered cannabis retailer
must display their certificate of registration in plain view in a
conspicuous place on the registered premises.
(B) Sales
to underage persons prohibited. No cannabis retailer, or any officer,
associate, member, representative, agent or employee of such cannabis
retailer, may sell, give or deliver cannabis to an underage person.
(C) Prohibition
of underage persons on registered premises. No cannabis retailer,
or any officer, associate, member, representative, agent or employee
of such cannabis retailer, shall permit an underage person to be or
remain on or in any portion of a registered premises unless the underage
person is: i) accompanied by his or her parent or guardian, or ii)
on the registered premises for the purchase of authorized medicinal
cannabis for the personal use of the underaged person.
(D) Photo
identification. No customer shall be permitted to enter the interior
of a cannabis retailer's registered premises without first providing
adequate written evidence of identity, including, but not limited
to, a photograph, and of the fact that the purchaser or recipient
is over the age of 21 years (hereinafter " identification card"),
issued by a federal, state, county, or municipal government or subdivision
or agency thereof, including, but not limited to, a motor vehicle
operations license or identification card issued to a member of the
Armed Services.
(E) No
on-premises consumption. No cannabis retailer will permit any person
to consume cannabis, by any means, within the interior or exterior
portions of its registered premises.
(F) Hours
of operation. Cannabis retailers may be open to the public only between
the hours of 9: 00 a.m. and 9: 00 p.m.
(G) Compliance
with Act and Medical Cannabis Act. Cannabis retailers must at all
times maintain their operations in full compliance with the Adult-Use
Cannabis Act and the Medical Cannabis Act.
Any person violating any provision of this Article 17 will be
fined in an amount set forth in the Annual Fee Resolution. Every day that such violation continues will constitute
a distinct and separate offense. Further, any violations of this Article
17 shall be reported by the Village to the Illinois Department of
Financial and Professional Regulation.