[Adopted 4-18-2022 by Ord. No. 22-07; amended in its entirety 11-27-2023 by Ord. No.
23-23]
The descriptions of various cannabis businesses (collectively
referred to as "adult-use cannabis business establishments") shall
be as follows:
(A) Adult-use cannabis designated consumption area (hereafter "DCA").
Real property which the Village of Harristown has issued a license
for the consumption of cannabis or a cannabis-infused product thereupon,
and upon which such consumption is not otherwise prohibited per the
Cannabis Regulation and Tax Act (P.A. 101-0027), or other applicable Illinois law, as may be amended from
time to time, and regulations promulgated thereunder.
(B) Adult-use 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 (P.A. 101-0027), as it may be amended from time to time, and
regulations promulgated thereunder.
(C) Adult-use 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 (P.A. 101-0027), as it may be amended from time to time, and
regulations promulgated thereunder.
(D) Adult-use cannabis dispensing organization. A facility operated by
an organization or business that is licensed by the Illinois Department
of Financial and Professional Regulation to acquire cannabis from
licensed cannabis business establishments 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 Cannabis Regulation
and Tax Act (P.A. 101-0027), as it may be amended from time to time,
and regulations promulgated thereunder.
(E) Adult-use 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 (P.A. 101-0027), as it may
be amended from time to time, and regulations promulgated thereunder.
(F) Adult-use 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 (P.A. 101-0027),
as it may be amended from time to time, and regulations promulgated
thereunder.
(G) Adult-use 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 (P.A. 101-0027), as it may be amended from time to time, and
regulations promulgated thereunder.
The annual fee for any of the businesses listed in §
22-1-2 shall be $2,500 per year. The fee shall be payable on or before January 1 of each calendar year.
All licensed businesses shall comply with all the regulations
established by state statutes authorizing the production, transport,
sale, use, and consumption of cannabis products.
Unless the context otherwise requires, the words and phrases
herein defined are used in this chapter in the sense given them in
the following definitions:
ADVERTISE
To engage in promotional activities including, but not limited
to, newspaper, radio, internet and electronic media, and television
advertising; the distribution of fliers and circulars; billboard advertising;
and the display of window and interior signs. "Advertise" does not
mean exterior signage displaying only the name of the licensed cannabis
business establishment.
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 means cannabis flower, concentrate, and
cannabis-infused products.
CANNABIS CONCENTRATE
A product derived from cannabis that is produced by extracting
cannabinoids, including tetrahydrocannabinol (THC), from the plant
through the use of propylene glycol, glycerin, butter, olive oil or
other typical cooking fats; water, ice, or dry ice; or butane, propane,
CO2, ethanol, or isopropanol and with the intended use of smoking
or making a cannabis-infused product. The use of any other solvent
is expressly prohibited unless and until it is approved by the Department
of Agriculture.
CANNABIS CONTAINER
A sealed, traceable container or package used for the purpose
of containment of cannabis or cannabis-infused product during transportation.
CANNABIS FLOWER
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;
including raw kief, leaves, and buds, but not resin that has been
extracted from any part of such plant; nor any compound, manufacture,
salt, derivative, mixture, or preparation of such plant, its seeds,
or resin.
CANNABIS PARAPHERNALIA
Equipment, products, or materials intended to be used for
planting, propagating, cultivating, growing, harvesting, manufacturing,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, ingesting, or otherwise introducing
cannabis into the human body.
CANNABIS-INFUSED PRODUCT
A beverage, food, oil, ointment, tincture, topical formulation,
or another product containing cannabis or cannabis concentrate that
is not intended to be smoked.
CLOSE
To shut up so as to prevent entrance or access by any person;
and the entire suspension of the business.
CORPORATION
Any corporation or other organized business entity, domestic
or foreign, doing business in the State of Illinois.
MANAGER or AGENT
Any individual employed by any licensed place of business,
provided said individual possesses the same qualifications required
of the licensee. Satisfactory evidence of such employment will be
furnished the Village Board in the form and manner as such Board shall
from time to time prescribe.
OWNERSHIP AND CONTROL
Ownership of at least 51% of the business, including corporate
stock if a corporation, and control over the management and day-to-day
operations of the business and an interest in the capital, assets,
and profits and losses of the business proportionate to percentage
of ownership.
PACKAGE
Any bottle, can, paper wrapping or other receptacle or container,
whatsoever, used, capped, sealed and labeled by the manufacturer or
a licensed DCA business.
PARTNER
Any individual who is a member of a copartnership. "Copartnership"
means an association of two or more persons to carry on as co-owners
of a business for profit.
PERSON
A natural individual, firm, partnership, association, joint-stock
company, joint venture, public or private corporation, limited-liability
company, or a receiver, executor, trustee, guardian, or other representative
appointed by order of any court.
POSSESSION LIMIT
The amount of cannabis under 410 ILCS 705/10-10 that may
be possessed at any one time by a person 21 years of age or older
or who is a registered qualifying medical cannabis patient or caregiver
under the Compassionate Use of Medical Cannabis Program Act.
PRINCIPAL OFFICER
Includes a cannabis business establishment applicant or licensed
cannabis business establishment's board member, owner with more
than 1% interest of the total cannabis business establishment or more
than 5% interest of the total cannabis business establishment of a
publicly traded company, president, vice president, secretary, treasurer,
partner, officer, member, manager member, or person with a profit
sharing, financial interest, or revenue sharing arrangement. The definition
includes a person with authority to control the cannabis business
establishment, a person who assumes responsibility for the debts of
the cannabis business establishment and who is further defined in
this Act.
PRIVATE FUNCTION
A prearranged private party, function, or event for a specific
social or business occasion, either by invitation or reservation and
not open to the general public, where the guests in attendance are
provided services in a room or rooms designated and used exclusively
for the private party, function or event.
PURCHASER
A person 21 years of age or older who acquires cannabis for
a valuable consideration. "Purchaser" does not include a cardholder
under the Compassionate Use of Medical Cannabis Program Act.
RESIDENT
Any person (other than a corporation) who has resided and
maintained a bona fide residence in the State of Illinois for at least
one year and in the Village and county in which the premises covered
by the license are located for at least 90 days prior to making application
for such license and is a registered voter.
SALE
Any transfer, exchange or barter in any manner or by any
means whatsoever for a consideration, and includes and means all sales
made by any person, whether principal, proprietor, agent, servant
or employee.
SELL AT RETAIL and SALE OF RETAIL
Refer to any sales for any tangible items, including, but
not limited to, any food and beverage items, excluding the sale of
any cannabis or cannabis-infused product, which are prohibited under
this chapter and pursuant to any DCA license issued hereunder.
SMOKING
The inhalation of smoke caused by the combustion of cannabis.
TINCTURE
A cannabis-infused solution, typically comprised of alcohol,
glycerin, or vegetable oils, derived either directly from the cannabis
plant or from a processed cannabis extract. A tincture is not an alcoholic
liquor as defined in the Liquor Control Act of 1934. A tincture shall include a calibrated dropper or other
similar device capable of accurately measuring servings.
No person or entity shall allow the consumption of cannabis
or cannabis-infused products in a public place within the limits and
territory of this municipality unless such public place is licensed
as a DCA by the Village in the manner herein provided. No person or
entity shall locate, operate, or otherwise conduct any business within
the Village which business is an adult-use cannabis business establishment,
unless same business and its conduct be licensed by the Village in
the manner herein provided.
No license shall issue for a DCA or any adult-use cannabis business establishment described at §
22-1-1 except upon the consent and approval of the Village Board, which consent and approval the Board may grant or deny in its discretion.
The Mayor shall issue all DCA and adult-use cannabis business
establishment licenses which may from time to time be approved by
the Village Board.
The Village Board and Mayor shall have the right to examine
or cause to be examined, under oath, any applicant for a license under
this chapter or for renewal thereof, or any licensee upon whom notice
of revocation or suspension has been served in the manner hereinafter
provided, and to examine or cause to be examined the books and records
of any such applicant or licensee; to hear testimony and take proof
for his information in the performance of his duties, and for such
purpose to issue subpoenas which shall be effective in any part of
this state. For the purpose of obtaining any of the information desired
by the Village Board or Mayor under this section, agents may be authorized
to act on behalf of the Village Board or Mayor.
Except as otherwise provided in Subsection (R) of this section,
no license of any kind shall be issued by the Village to the following:
(A) A person who is not of good character and reputation in the community
in which he resides;
(B) A person who is not 21 years of age;
(C) A person who has been convicted of a felony under any federal or
state law, unless the Village Board determines that such person has
been sufficiently rehabilitated to warrant the public trust after
considering matters set forth in such person's application and
the Board's investigation. The burden of proof of sufficient
rehabilitation shall be on the applicant;
(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 or morality;
(F) A person whose license issued under this Act has been revoked for
cause;
(G) A person who, at the time of the application for renewal of any license
issued hereunder, would not be eligible for such license upon first
application;
(H) A copartnership, if any general partnership thereof, or any limited
partnership thereof, owning more than 5% of the aggregate limited
partner interest in such copartnership would not be eligible to receive
a license hereunder for any reason other than residence within the
political subdivision, unless residency is required by local ordinance;
(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 "Business Corporation
Act of 1983" 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
by 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) A person who is not a beneficial owner of the business to be operated
by the licensee;
(N) A person who has been convicted of a gambling offense as prescribed
by any of Subsections (a)(3) through (a)(11) of Section 28-1 of, or
as prescribed by Section 28-1.1 or 28-3 of, the Criminal Code of 1961,
or as prescribed by a statute replaced by any of the aforesaid statutory
provisions;
(O) A person who intends to establish a DCA and other retail premises
who does not have commercial liability insurance coverage for that
premises in an amount that is at least equal to the maximum liability
amounts set out in Section 5/6-21 of Chapter 235 of the Illinois Compiled
Statutes;
(P) A person who is delinquent in the payment of any indebtedness or
obligation to the Village;
(Q) A criminal conviction of a corporation is not grounds for the denial,
suspension, or revocation of a license applied for or held by the
corporation if the criminal conviction was not the result of a violation
of any federal or state law concerning the manufacture, possession
or sale of alcoholic liquor, the offense that led to the conviction
did not result in any financial gain to the corporation and the corporation
has terminated its relationship with each director, officer, employee,
or controlling shareholder whose actions directly contributed to the
conviction of the corporation. The Mayor shall determine if all provisions
of this Subsection (Q) have been met before any action on the corporation's
license is initiated.
No licensee shall employ any person to manage its licensed DCA
or adult-use cannabis business establishment, unless such person possesses
the same qualifications required of a licensee as set forth herein,
except for residency and citizenship. No licensee shall permit any
person to act as a manager unless such manager has been approved by
the Village Board.
There shall be a limitation of the number of licenses which
can be issued for each class, which limitation shall be as follows:
(A) There shall be no more than two licenses issued at any one time for
each classification, unless otherwise approved by the Village Board
and this chapter amended accordingly.
A license issued under this chapter shall be purely a personal
privilege, good for not to exceed one year after issued unless sooner
revoked as in this chapter authorized and provided, and shall not
constitute property nor shall it be subject to attachment, garnishment
or execution; nor shall it be alienable or transferable, voluntarily
or involuntarily, or subject to being encumbered or hypothecated.
Such license shall not descend by the laws of testate or intestate
devolution, but it shall cease upon the death of the licensee, provided
that executors and administrators of any estate of the deceased licensee
and the trustees of any insolvent or bankrupt licensee, when such
estate consists in part of cannabis, may continue the business of
the sale of cannabis under the order of the court having jurisdiction
of such estate and may exercise the privileges of such deceased, insolvent,
or bankrupt licensee after the death of such decedent or such insolvency
or bankruptcy until the expiration of such license, but not longer
than six months after the death, bankruptcy or insolvency of such
licensee.
Every licensee under this chapter shall cause his license to
be framed and hung in plain view in a conspicuous place on the licensed
premises.
The Mayor shall keep a complete record of all licenses issued
by him and shall supply the Clerk, Treasurer and Chief of Police a
copy of the same. Upon issuance or revocation of a license, the Mayor
shall give written notice to these same officers within 48 hours.
It shall be unlawful for any licensee hereunder to provide any
services within the licensed premises in the Village during the following
hours:
(A) No licensee hereunder shall permit any premises licensed under the
provisions of this chapter to be open between the hours of 1:00 a.m.
and 6:00 a.m. The licensee shall have a period of 30 minutes after
closing time to clear his place of business of any and all customers
that it may have.
No license under this chapter shall be granted for any location
within 100 feet of any church, school (other than an institution of
higher learning), hospital, home for the aged or indigent persons,
or for veterans, their spouses or children or any military or naval
station.
A license under this chapter shall permit consumption or other
operations only on the premises described in the application and license.
Such location may be changed only upon the written permit to make
such change approved and issued by the Village. No change of location
shall be permitted unless the proposed new location is a proper one
under the law of this state and the Code of this municipality.
All licensed premises shall be kept in a clean and sanitary
condition, and shall be kept in full compliance with the codes regulating
the condition of the premises used for the storage or sale of food
for human consumption, if applicable.
It shall be unlawful to employ in any licensed premises any
person who is afflicted with or who is a carrier of any contagious
disease or infectious disease; and it shall be unlawful for any person
who is afflicted with or a carrier of any such disease to work in
or about any premises or to engage in any way in the handling, preparation
or distribution of such licensed services.
Every licensee shall have, at all times, a valid operating permit
from the County Health Department which regulates health standards.
Any licensee under this chapter shall not suffer or permit any
disorder, impairment, quarreling, fighting, unlawful games, or riotous
or disorderly conduct in any house or premises kept or occupied by
him for the licensed services.
No licensee, nor any officer, associate, member, representative,
agent or employee of such licensee, shall provide licensed consumption
or other licensed services to any person under the age of 21 years,
or to any intoxicated/impaired person or to any person known by him
to be a habitual addict, spendthrift, insane, or mentally ill, mentally
deficient or in need of mental treatment. No person shall sell, give
or deliver cannabis or cannabis-infused products to another person
under the age of 21 years.
It shall be unlawful for any person under the age of 21 years
to enter upon premises licensed under this chapter unless accompanied
by a parent or legal guardian. No holder of a license, nor any officer,
associate, member, representative, agent or employee of such licensee,
shall permit any person under the age of 21 years not accompanied
by a parent or legal guardian to enter the licensed premises. For
the purpose of preventing the violation of this section, any holder
of a license, or his agent or employee, may refuse to permit entry
onto the licensed premises of any person under the age of 21 years
who is unable to produce adequate written evidence of the fact that
the person accompanying such person under the age of 21 years is that
person's parent or legal guardian.
In every licensed business where licensed services are provided,
there shall be displayed at all times in a prominent place a printed
card which shall be supplied by the Village Clerk, and which shall
read as follows:
UNDERAGE CANNABIS CONSUMPTION WARNING: YOU ARE SUBJECT TO A
FINE UP TO $1,000 UNDER THE ORDINANCES OF THIS MUNICIPALITY IF YOU
CONSUME CANNABIS OR MISREPRESENT YOUR AGE FOR THE PURPOSE OF CONSUMING
CANNABIS OR CANNABIS-INFUSED PRODUCTS WITHIN A LICENSED DCA OR CANNABIS
BUSINESS.
The possession and dispensing or consumption by an underaged
person of cannabis or cannabis-infused product in the performance
of a religious service or ceremony, or the consumption by an underaged
person under the direct supervision and approval of the parent or
parents of such underaged person in the privacy of a home, as may
be permitted by other Illinois law, is not prohibited by this chapter.
It shall be unlawful to refuse to grant admittance to the premises
for which a license has been issued at any time upon the verbal request
of the Mayor, any member of the Village Board, or any law enforcement
officer for the purpose of making an inspection of such premises or
any part thereof.
Any person who sells, gives, or furnishes to any person under
the age of 21 years any false or fraudulent written, printed, or photostatic
evidence of the age and identity of such person or who sells, gives
or furnishes to any person under the age of 21 years evidence of age
and identification of any other person is guilty of violating this
Code and could be fined up to an amount equal to $1,000.
Any person under the age of 21 years who presents or offers
to any licensee, his agent or employee any written, printed or photostatic
evidence of age and identity which is false, fraudulent, or not actually
his own for the purpose of acquiring or consuming cannabis or cannabis-infused
product, or who has in his possession any false or fraudulent written,
printed, or photostatic evidence of age and identity, is guilty of
violating this Code and could be fined up to an amount equal to $1,000.
If the owner of the licensed premises or any person from whom
the licensee derives the right to possession of such premises, or
the agent of such owner or person, shall knowingly permit the licensee
to use said licensed premises in violation of the terms of this Code,
said owner, agent or other person shall be deemed guilty of a violation
of this Code to the same extent as said licensee and be subject to
the same punishment.
Every act or omission of whatsoever nature constituting a violation
of any of the provisions of this Code by any officer, director, manager
or other agent or employee of any licensee shall be deemed and held
to be the act of such employer or licensee, and said employer or licensee
shall be punishable in the same manner as if said act or omission
had been done or omitted by him personally.
Whenever any licensee shall be convicted of any violation of
this Code, the license of said licensee may, upon action by the Village
Board, be revoked and forfeited and all fees paid thereon shall be
forfeited, and it shall thereafter be unlawful and shall constitute
a further violation of this Code for said licensee to continue to
operate under such license.
Whenever any officer, director, manager, or other employee in
a position of authority of any licensee under this Code shall be convicted
of any violation of this Code while engaged in the course of his employment
or while upon the premises described by the license, the license may,
upon action by the Village Board, be revoked and the fees paid thereon
forfeited, both as to the holder of the license and as to the premises,
as if said licensee had himself been convicted.
When any license has been revoked for any cause, no license
shall be granted for the same licensee or premises for a period of
one year thereafter.
The Village Board may revoke or suspend any license issued under
this chapter if it determines that the licensee has violated any of
the provisions of Illinois law, any valid ordinance adopted by the
municipality, or any applicable rule or regulation established by
the state which is not inconsistent with law.
(A) Revocation and suspension: notice. No such license shall be so revoked
or suspended and no licensee shall be fined as provided for below
except after a public hearing by the Village Board with a three-day
written notice to the licensee affording the licensee an opportunity
to appear and defend. All such hearings shall be open to the public
and the Village Board shall reduce all evidence to writing and shall
maintain an official record of the proceedings. If the Village Board
has reason to believe that any continued operation of a particular
licensed premises will immediately threaten the welfare of the community,
it may, upon the issuance of a written order stating the reason for
such conclusion and without notice or hearing, order the licensed
premises closed for not more than seven days, giving the licensee
an opportunity to be heard during that period, except that if such
licensee shall also be engaged in the conduct of another business
or businesses on the licensed premises such order shall not be applicable
to such other business or businesses.
(B) Fines in alternate or addition to suspension or revocation. In addition
to or alternate to the suspension or revocation of a license, the
Village Board may levy a fine on the licensee for such violations.
The fine imposed shall not exceed $1,000 for a first violation within
a twelve-month period, $1,500 for a second violation within a twelve-month
period, and $2,500 for a third or subsequent violation within a twelve-month
period. Each day on which a violation continues shall constitute a
separate violation. Not more than $15,000 in fines under this section
may be imposed against any licensee during the period of his license.
Proceeds from such fines shall be paid into the general corporate
fund of the municipal treasury.
(C) Hearing. The Village Board shall, within five days after such hearing,
if it determines after such hearing that the license should be revoked
or suspended, state the reason or reasons for such determination in
a written order of revocation or suspension and shall serve a copy
of such order within the five days upon the license by mail. The findings
of the Board shall be predicted upon competent evidence.
(D) Hearing procedures. Any hearing of the decision and findings of the
Village Board shall create the official record of the proceedings.
The official record shall be a "certified official record" of the
proceedings taken and prepared by a certified court reporter or certified
shorthand reporter. A copy of this record shall be on file with the
Village Board.