[Added 9-9-2021 by Ord. No. 2021-3555]
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 ACT
The Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) ("Act").
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.
CANNABIS RETAILER
An adult-use cannabis dispensary or a medical cannabis dispensary.
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.
UNDERAGE PERSON
Any person less than 21 years of age.
(A) 
Registration required. No person may sell or offer for sale or possess with intention to sell at retail any cannabis without first obtaining a certificate of registration issued by the Village pursuant to this Article 17, which shall be in addition to any license issued by the Illinois Department of Financial and Professional Regulation (IDFPR). No person may sell at retail or offer for sale at retail in the Village cannabis in any form, in violation of the terms and conditions of the certificate of registration or in violation of any provision of this article, the Adult-Use Cannabis Act, or the Medical Cannabis Act.
(B) 
Maximum number of registered cannabis retailers. The Village will not issue more than one certificate of registration for individual cannabis retailers at any time.
(A) 
Term. Registration of a cannabis retailer shall be valid for a term commencing May 1 of each year and expiring on April 30 following the date of issuance. No registration may be granted for a period longer than one year.
(B) 
Renewal. Any cannabis retailer's registration may be renewed at the expiration of its term, conditioned upon the cannabis retailer' s continued qualification under the Adult-Use Cannabis Act, the Medical Cannabis Act, and the terms of this Article 17. The privilege of renewing a registration shall not be construed as a vested right and is subject to the availability of permitted registrations, which may be increased or decreased in the sole discretion of the Board of Trustees.
The fees for registration and renewal of a registration as a cannabis retailer shall be as set forth in the Annual Fee Resolution.[1]
[1]
Editor's Note: See Ch. A25, Fees.
(A) 
Applications for a cannabis retailer's registration shall be made to the Village Finance Director, on a form provided by the Village. Each such application shall be in writing, signed by the applicant or by a duly authorized officer of an entity, verified by oath or affidavit. No application shall be submitted prior to 9:00 a.m. on October 1, 2021.
(B) 
All applications shall be reviewed by the Lincolnwood Chief of Police.
(C) 
No registration shall be issued to any cannabis retailer unless it is associated with a property for which that cannabis retailer has a possessory or contractual interest.
(D) 
Each application for a cannabis retailer's registration must include proof of licensure to operate as a cannabis retailer from the Illinois Department of Financial and Professional Regulation and an operations plan. The Finance Director or the Chief of Police may require submission of such additional materials and documentation as they deem necessary, including copies of all application materials provided to the IDPFR.
(E) 
The applicant and all on-site managers of the cannabis retailer must undergo a criminal background check, including, but not limited to, fingerprinting under the direction of the Chief of Police or designee. Prior conviction for offenses that have been expunged pursuant to the Adult-Use Cannabis Act shall not be used as grounds to disqualify any cannabis retailer's application for registration.
(F) 
The application for a cannabis retailer's registration shall include an affidavit, executed by a duly authorized officer or managing partner, stating that all members, officers, managers, general partners, directors, stockholders or limited partners of the applicant owning 5% or greater interest in the applicant' s firm have no felony criminal convictions in any jurisdiction. Applicants shall not be required to disclose criminal convictions that have been expunged pursuant to the Adult-Use Cannabis Act.
(G) 
Applications for a cannabis retailer' s registration will be processed using a first-in-time, first-in-right method. All applications will be date and time stamped when they are received by the Village. Once an application is deemed complete, it will be processed by the Village in the order it was received. If at any time an application is withdrawn, denied or deemed incomplete, the next complete application will be processed. If two or more applications are received simultaneously, the Village Finance Director will break ties and determine the order of application by means of a lottery or other fair and impartial method of random selection approved by the Finance Director, to be conducted within five business days after receipt of the affected applications, and upon three business days' prior notice to the applicants. The applicants may each appoint one representative to attend the lottery.
(H) 
Restrictions on issuance. No certificate of registration may be issued by the Village:
(1) 
To an individual or entity declared ineligible for a license to operate as a cannabis retailer by the Illinois Department of Financial and Professional Regulation, as amended from time to time.
(2) 
If operation and maintenance of a cannabis retailer on the proposed licensed premises would violate any provision of the Village's Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 15, Zoning.
(A) 
A cannabis retailer's registration is purely a privilege, valid through its term unless revoked according to law, and does not constitute personal property, is not subject to attachment, garnishment or execution, is not alienable, assignable, transferable or subject to encumbrance, and shall become void upon the insolvency or cessation of operation of the cannabis retailer or the filing for bankruptcy protection by the cannabis retailer.
(B) 
A registered cannabis retailer may not enter into any agreement with a person or entity, whether it be a lease, management or other agreement that would allow the person or entity to utilize the cannabis retailer's certificate of registration in the operation of the person's or entity's business wherein the licensee maintains an interest of any kind whatsoever in the registration.
(C) 
A cannabis retailer's registration may only be assigned with the written permission of the Village Director of Finance and only to a person or entity that qualifies for a registration under the regulations of this Article 17.
(D) 
A cannabis retailer's registration shall only pertain to and entitle the registered premises to sell cannabis at retail. A certificate of registration may not be transferred to another premises.
(E) 
If a registered cannabis retailer's licensed premises has opened for business and subsequently is inactive for a period of three consecutive months, the registration will be deemed null and void. For the purposes of this section, the word "inactive" means that the business has ceased operating or is not open to the public for retail sales.
(F) 
If a registration is issued to an applicant, but that applicant fails to commence operation of a cannabis retailer within three months after the date of registration, the registration shall be deemed null and void unless the Village Board in its sole and absolute discretion, by resolution duly adopted, approves an extension.
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.[1] 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.
[1]
Editor's Note: See Ch. A25, Fees.