[10-3-2022 by Ord. No. 2022-987]
It is the intent and purpose of this section to provide regulations regarding the cultivation, processing of recreational cannabis occurring within the corporate limits of the City of Lincoln. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (410 ILCS 705), as it may be amended from time to time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.
[10-3-2022 by Ord. No. 2022-987]
As used in this chapter, the following terms shall have the meanings indicated:
NON-RETAIL RECREATIONAL CANNABIS BUSINESS ESTABLISHMENT
A recreational cultivation center, craft grower, processing organization, infuser organization, or transporting organization.
RECREATIONAL CANNABIS CRAFT GROWER
A facility operated by an organization or business that is 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 organization or use at a processing organization, per the Cannabis Regulation and Tax Act (410 ILCS 705), as it may be amended from time to time, and regulations promulgated thereunder.
RECREATIONAL CANNABIS CULTIVATION CENTER
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act (410 ILCS 705), as it may be amended from time to time, and regulations promulgated thereunder.
RECREATIONAL CANNABIS INFUSER ORGANIZATION or INFUSER
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act (410 ILCS 705), as it may be amended from time to time, and regulations promulgated thereunder.
RECREATIONAL 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 (410 ILCS 705), as it may be amended from time to time, and regulations promulgated thereunder.
RECREATIONAL 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 College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (410 ILCS 705), as it may be amended from time to time, and regulations promulgated thereunder.
[10-3-2022 by Ord. No. 2022-987]
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.
[10-3-2022 by Ord. No. 2022-987]
(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 the 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 as to whether the applicant has made similar application for a similar license on premises other than that described in this application, and the disposition of such application;
8. 
A statement that the 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 therefor;
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 the applicant is qualified to obtain a license to sell 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.
[10-3-2022 by Ord. No. 2022-987]
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 of 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[1] to transact business in Illinois.
[1]
Editor's Note: See 805 ILCS 5/1.01 et seq.
(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 of local liquor control commissions, 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.
[10-3-2022 by Ord. No. 2022-987]
There is no limit to the number of licenses to be issued, but each license must be approved by the City Council of the City of Lincoln. Once approved, 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.
[10-3-2022 by Ord. No. 2022-987]
The application fee for a recreational non-retail cannabis business establishment shall be a nonrefundable $2,500. The yearly annual fee shall be $2,500 due May 1 of each year.
[10-3-2022 by Ord. No. 2022-987]
In addition to the rules and regulations outlined by statute, the proposed facility must comply with the following:
(A) 
The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(B) 
For purposes of determining required parking, a recreational cannabis craft grower shall be classified as a retail store or service shop under Section 11-7-4 of this Code.
[10-3-2022 by Ord. No. 2022-987]
In addition to the rules and regulations outlined by statute, the proposed facility must comply with the following:
(A) 
The facility may not conduct any retail sales.
(B) 
The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(C) 
For purposes of determining required parking, a recreational cannabis infuser organization shall be classified as a retail store or service shop under Section 11-7-4 of this Code.
[10-3-2022 by Ord. No. 2022-987]
In addition to the rules and regulations outlined by state statute, the proposed facility must comply with the following:
(A) 
The facility may not conduct any retail sales.
(B) 
The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(C) 
For purposes of determining required parking, a recreational cannabis processing organization shall be classified as a retail store or service shop under Section 11-7-4 of this Code.