[Adopted 11-21-2024 by Ord. No. O2024-1121B[1]]
[1]
Editor's Note: This article, adopted as Ch. 174, was renumbered to fit the organization of the Code.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT
A cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
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, (410 ILCS 705/1-1 et seq.), as it may be amended from time to time, and regulations promulgated thereunder.
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, (410 ILCS 705/1-1 et seq.), as it may be amended from time to time, and regulations promulgated thereunder.
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, (410 ILCS 705/1-1 et seq.), as it may be amended from time to time, and regulations promulgated thereunder.
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, (410 ILCS 705/1-1 et seq.), as it may be amended from time to time, and regulations promulgated thereunder.
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, (410 ILCS 705/1-1 et seq.), as it may be amended from time to time, and regulations promulgated thereunder.
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, (410 ILCS 705/1-1 et seq.), as it may be amended from time to time, and regulations promulgated thereunder.
A. 
It shall be unlawful to operate an adult-use cannabis business establishment without first registering the business with the Village.
B. 
The number of registrations for each type of adult-use cannabis establishment shall be limited to one within the Village.
C. 
It shall be a prerequisite to any such adult-use cannabis business establishment that such establishment shall have a valid license issued by the State of Illinois and post such license in plain view in a conspicuous place on the premises.
A. 
Any person desiring to register an adult-use cannabis business establishment to operate within the Village must first receive a certificate of registration. Registration shall take place in the office of the Village Clerk on application forms provided thereby.
(1) 
The following information shall be requested on the registration forms provided by the Village:
(a) 
Name of business and business owner(s).
(b) 
Address of business and business owner(s).
(c) 
Phone number of business and owner(s).
(d) 
The nature of the adult-use cannabis business establishment sought to be registered.
(e) 
The date upon which the business is to be established within the Village.
(f) 
Verification of general liability insurance.
(g) 
Unemployment insurance number and/or federal employment identification number.
(h) 
A copy of the application for registration authorization submitted to the Illinois Department of Financial and Professional Regulation or the Illinois Department of Agriculture, as the case may be, and the registration authorization issued by the Illinois Department of Financial and Professional Regulation or the Illinois Department of Agriculture.
(2) 
The Village may request additional information necessary to ensure proper and efficient administration of this article.
B. 
The applicant seeking to receive a certificate of registration shall sign the registration application thereby attesting to the truth and accuracy of all information provided. Providing false information shall constitute a violation of this article.
C. 
No certificate of registration shall be issued to:
(1) 
A person who has knowingly furnished false or misleading information or withheld relevant information on an application or caused or permitted another to furnish or withhold such information on his behalf;
(2) 
A person whose certificate of registration issued under this article has previously been revoked;
(3) 
A person who has been convicted of a violation of state or federal law related to cannabis;
(4) 
A person who, at the time of application for renewal of their certificate of registration issued hereunder, would not be eligible for such certificate upon a first application.
A. 
The fee for a certificate of registration shall be $100 per year in advance, which sum shall be paid to the Village prior to the end of business on April 30 of each year. The certificate of registration shall expire on April 30 following its issuance. The fee shall not be prorated for a portion of a year and shall be non-refundable.
B. 
Any person renewing a certificate of registration shall pay a fee of $150 if their registration is renewed after April 30.
Each person registered pursuant to this article shall display the certificate of registration in a location within the establishment that is in plain view in a conspicuous place.
All adult-use cannabis business establishments with a certificate of registration issued by the Village shall comply with all federal, state and local laws pertaining to such business.
A. 
Any person, firm or corporation found guilty of violating this article shall be fined not less than $200 nor more than $750 for each offense. In addition to any fine imposed herein, the offender shall be ordered to pay all of the costs and fees incurred by the Village in prosecuting the violation, which shall include, but not be limited to, the costs associated with an administrative adjudication proceeding or court proceeding, and reasonable attorney's fees.
B. 
Those who are convicted more than once in a given registration year for violation of state or local law pertaining to their business may have their certificate of registration suspended or permanently revoked. No such action shall be taken except after a fifteen-day notice sent to the owner by first class mail. The notice shall state the reasons for any proposed action by the Village and shall establish a date for a public hearing to provide the owner with an opportunity to appear and defend against the proposed action. The hearing shall be conducted by the Mayor or his designee. After hearing evidence from both sides of the issue, the Mayor or his designee shall make the final decision whether or not to authorize the Village to suspend or to permanently revoke the owner's certificate of registration issued by the Village. If the Mayor's or his designee's decision is to revoke the certificate of registration, he or she may establish any conditions under which the contractor may have his/her certificate of registration renewed.
If any section, clause, provision or portion of this article is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall remain in force and not be affected by such judgment.