A.

It is the purpose of this chapter to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the City. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), 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.

B.

It is further the purpose of this chapter is to protect the public health, safety, and welfare of the residents, businesses, and property in the City by prescribing the manner in which Adult-Use Cannabis Establishments, including matters in relation to:

1.

Providing for a means of cultivation, production, and distribution of cannabis to persons permitted to obtain, possess, and use cannabis for recreational purposes under the Act;

2.

Protecting public health and safety through reasonable limitations on business operations as they relate to noise, air, and water quality, food safety, neighborhood and public safety, security for the business and its personnel, and other health and safety concerns;

3.

Promoting lively street life and high quality neighborhoods by limiting the concentration of any one (1) type of Adult-Use Cannabis Establishments in specific areas;

4.

Creating regulations that address the particular needs of the residents and businesses of the City and coordinate with laws that may be enacted by the State of Illinois regarding Adult-Use Cannabis Establishments and recreational cannabis use;

5.

Facilitating the implementation of the Act without going beyond the authority granted by it;

6.

Protecting public safety and residential areas by limiting the areas of the City where Adult-Use Cannabis Establishments may be located;

7.

Permitting recreational cannabis use, distribution, cultivation, and production where it will have a minimal impact and potential negative impacts are minimized, since these can have an impact on health, safety, and community resources.

8.

Use, distribution, cultivation, production, possession, and transportation of cannabis is currently illegal under federal law, and cannabis remains classified as a "Level 1 Controlled Substance" by federal law.

9.

The General Assembly has adopted enabling legislation that provides for Adult-Use Cannabis Establishments, however, the Act does not completely address the local impacts of Adult-Use Cannabis Establishments on municipalities, making it appropriate for local regulation of Adult-Use Cannabis Establishments.

10.

Nothing in this chapter is intended to promote or condone the production, distribution, or possession of cannabis in violation of any applicable laws.

11.

This chapter is to be construed to protect the public over the interests of Adult-Use Cannabis Establishments.

12.

Adult-Use Cannabis Establishments are a heavily regulated industry in the State and all licensees are assumed to be fully aware of the law, hence the City shall not therefore be required to issue warnings before issuing citations for violations of this chapter.

13.

This chapter is intended to specify the time, place, and manner restrictions for operating an Adult-Use Cannabis Establishments in the City as specified under the Act and in this chapter.

14.

The City Council has determined to allow Adult-Use Cannabis Establishments in the City on the condition that the establishments are operated in compliance with this chapter rather than banning them in the City as permitted by the Act.

(Ord. No. 19-86, § 3, 11-25-2019)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult-Use Cannabis Business Establishment means any one (1) or more of an Adult-Use Cannabis Cultivation Center, Adult-Use Cannabis Craft Grower, Adult-Use Cannabis Processing Organization or Processor, Adult-Use Cannabis Infuser Organization or Infuser, Adult-Use Cannabis Dispensing Organization, Adult-Use Cannabis Transporting Organization or Transporter, or an Adult-Use Cannabis Lounge.

Adult-Use Cannabis Craft Grower means 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.

Adult-Use Cannabis Cultivation Center means 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.

Adult-Use Cannabis Dispensing Organization means 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.

Adult-Use Cannabis Infuser Organization or Infuser means 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.

Adult-Use Cannabis Processing Organization or Processor means 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.

Adult-Use Cannabis Transporting Organization or Transporter means 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.

Adult-Use Cannabis Lounge means a non-residential facility open to the general public in accordance with applicable laws, where cannabis may be used within the indoor confines of the facility.

Indoor means within a fully enclosed and secure structure that complies with the Building Codes adopted by the City and that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation slab or equivalent base to which the floor is secured and attached; further, the structure must be secure against unauthorized entry, accessible only through two (2) or more lockable doors, and constructed of solid materials that cannot be easily broken through, and plastic sheeting regardless of opacity or thickness does not satisfy this requirement.

Outdoor means any location that is not "indoor" within a fully enclosed and secure structure as defined herein.

(Ord. No. 19-86, § 3, 11-25-2019)

A.

Adult-Use Cannabis Business Establishments shall be restricted as follows in the following districts:

1.

Adult-Use Cannabis Craft Growers are permitted by right in the BP-4 and M-1 districts and restricted to Special Use Permits in CP-1 and UCD districts;

2.

Adult-Use Cannabis Cultivation Centers, under cover and open field, are permitted by right in BP-4 and M-1 districts;

3.

Adult-Use Cannabis Dispensing Organizations shall be limited to one (1) per each of the four (4) Cannabis Dispensary Zones as provided for in subsection C of this Section and allowed within those sections only via Special Use Permit within the B-2, B-3, B-4, HP-1, CP-1, BP-1, BP-4, M-1, and UCD districts;

4.

Adult-Use Cannabis Infuser Organizations are permitted by right in M-1 districts and restricted to Planned Development Districts within the BP-3, BP-4, and UCD districts with the use requiring a Special Use Permit within the UCD district;

5.

Adult-Use Cannabis Processing Organizations are permitted by right in M-1 districts and restricted to Planned Development Districts within the BP-3, BP-4, and UCD districts with the use requiring a Special Use Permit within the UCD district;

6.

Adult-Use Cannabis Transporting Organizations are permitted by right within the B-2, B-3, B-4, BP-1, BP-2, BP-3, BP-4, M-1, and UCD districts; and,

7.

Adult-Use Cannabis Lounges are restricted to Special Use Permits in HP-1 Districts.

B.

Adult-Use Cannabis Business Establishments shall conform to and meet all regulations established by the City and the State of Illinois. Nonconformance may be considered dissolution of the Special Use Permit and allowing for the revocation of a legal zoning use.

C.

The Cannabis Dispensary Zone Map for the City is as follows:

(Ord. No. 19-86, § 3, 11-25-2019)

A.

The number of certain Adult-Use Cannabis Business Establishments in the City at any one (1) time shall be limited as follows:

1.

Four (4) Adult-Use Cannabis Dispensing Organizations;

2.

One (1) Adult-Use Cannabis Lounge.

B.

The priority of Adult-Use Cannabis Business Establishments that qualify to operate in the City pursuant to this Section shall be determined by those Adult-Use Cannabis Business Establishments that first that hold a valid cannabis license from the State of Illinois and that also comply with all applicable provisions of the Collinsville Municipal Code to the satisfaction of the City.

(Ord. No. 19-86, § 3, 11-25-2019)

A.

Subject to more restrictive otherwise provided for in this chapter, no Adult-Use Cannabis Business Establishments shall be located within one thousand five hundred (1,500) feet of any other Adult Use Cannabis Business Establishment.

B.

Subject to more restrictive otherwise provided for in this chapter, no Adult-Use Cannabis Business Establishments shall be located within one hundred (100) feet of any one (1) of the following:

1.

Public or private elementary or secondary school, or any facility owned or operated by such school;

2.

Playground, public park, recreation center or facility, or private park;

3.

Church, temple, synagogue, mosque, or chapel; or

4.

Public building or public library.

C.

The distances provided for in this chapter shall be measured linearly and shall be the shortest distance between the closest points of the established building line of the primary structure of each property. This requirement shall not be subject to variance. If a boundary line measured touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the City.

(Ord. No. 19-86, § 3, 11-25-2019)

A.

Adult-Use Cannabis Business Establishments shall:

1.

Be considered a principal use and cannot have an accessory use not directly related to the that principal cannabis use;

2.

Not be located in the same offices of a physician or other medical provider, nor shall they share a facility that includes the offices of a physician or other medical provider;

3.

Not operate as a home occupation.

(Ord. No. 19-86, § 3, 11-25-2019)

A.

All policies, procedures and standards of acquiring a Special Use Permit from the City shall apply, unless as otherwise noted in this chapter. In addition to other information that may be required for a Special Use Permit from the City, the petition for a Special Use Permit under this chapter shall include:

1.

Contacts. The names, address, office phone numbers(s), cell phone numbers, fax numbers, and email addresses of the owners, operators and agents of the Adult-Use Cannabis Business Establishment.

2.

Site Plan. A Site Plan of the Adult-Use Cannabis Business Establishment in compliance with Section 17.120.060, and also showing:

a.

Nature of the structure to be used for the purpose of Adult-Use Cannabis Business Establishment;

b.

Demonstration that the facility meets the conditions for an enclosed, locked facility;

c.

Distance from all other facilities and uses requiring setbacks as provided for in this chapter;

d.

Location of video surveillance equipment;

e.

Location, height and nature of any fences or any other barriers meant to provide security for the site;

f.

Nature and adequacy of supervision and security at the site.

3.

Setbacks. Evidence demonstrating that the Adult-Use Cannabis Business Establishment would meet all requirements of state law regarding setbacks required in the Act and any implementing regulations of same.

4.

State fees. Evidence demonstrating that all State of Illinois required fees have been paid.

5.

Limitation of liability. At the time of submission of an application, the petitioner shall submit a written acknowledgement that the petitioner agrees to and accepts the limitations of liability and the requirement to indemnify, hold harmless and defend the City and the City's employees and agents, including that: the City shall not be liable to the Adult-Use Cannabis Business Establishment's employees, customers, qualifying patients or caregivers, qualifying patient's or caregiver's employer or employees, family members or guests, for any damage, injury, accident, loss, compensation or claim, based on, arising out of, or resulting from the property for which the zoning is requested being used, including, but not limited to, the following: arrest, seizure of persons or property, prosecution pursuant to federal or state laws, any fire, robbery, theft, mysterious disappearance or any other casualty; or the actions of any other registrants or persons. This limitation of liability provision shall survive expiration or the early termination of the registration if the registration is granted, or dissolution of use or any subsequent change in zoning.

6.

Provision of notice. At the time of submission of an Application under this Section, the petitioner shall submit a signed statement certifying that the petitioner has actual notice that, notwithstanding state law and any action by the City, that:

a.

Cannabis is currently a prohibited Schedule I controlled substance under federal law;

b.

Participation in either the Illinois Compassionate Use of Medical Cannabis Program or the Illinois Cannabis Regulation and Taxation Act is permitted only to the extent provided by the strict requirements of the Acts and subsequent implementing regulations;

c.

Any activity not sanctioned by the Medical Cannabis Program Act and its subsequent implementing regulations may be a violation of state law and may result in the revocation of zoning;

d.

Growing, distribution or possessing cannabis in any capacity, except through a federally-approved research program, is a violation of federal law;

e.

Use of cannabis may affect an individual's ability to receive federal or state licensure in other areas;

f.

Use of cannabis, in tandem with other conduct, may be a violation of state or federal law;

g.

Participation in the Illinois Compassionate Use of Medical Cannabis Program, Illinois Cannabis Regulation and Tax Act, or approval of zoning by the City does not authorize any person to violate federal or state law and, other than as set out in the Illinois Compassionate Use of Medical Cannabis Program Act and the Illinois Cannabis Regulation and Tax Act, and does not provide any immunity from or affirmative defense to arrest or prosecution under federal or state law; and

h.

Petitioners for the Adult-Use Cannabis Business Establishments from the City shall indemnify, hold harmless, and defend the City for any and all civil or criminal penalties resulting from participation in the Compassionate Use of Medical Cannabis Program and the Illinois Cannabis Regulation and Tax Act.

(Ord. No. 19-86, § 3, 11-25-2019)

A.

Parking. The Adult-Use Cannabis Dispensing Organization shall have a minimum of one (1) parking space per employee, and one (1) for every two hundred (200) square feet of the facility available to the public. Unless otherwise provided in this chapter, the parking area shall meet all requirements for off-street parking and loading. Parking shall be located in an area which is visible from a public road that is accessible to the public. It may not be screened from the roadway with vegetation, fencing or other obstructions, but such may be allowed with the presentation of evidence of a safety or security need. Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by Adult-Use Cannabis Dispensing Organization staff and continually recorded in a tamper proof format.

B.

Exterior display. No Adult-Use Cannabis Dispensing Organization shall be maintained or operated in a manner that causes, creates or allows the public viewing of medical cannabis, cannabis infused products, cannabis paraphernalia or similar products from any sidewalk, public or private right-of-way, or any property other than the lot on which the dispensary is located. No portion of the exterior of the dispensary shall utilize or contain any flashing lights, search lights, spot lights, or any similar lighting system.

C.

Exterior signage.

1.

All exterior signs shall conform to the provisions set forth in Sign Code of the Collinsville Municipal Code (Chapter 17.190, as amended). Exterior signs of the dispensary building shall not obstruct the entrance or windows of the dispensary.

2.

Temporary signs are not permitted.

3.

Signs shall not include any realistic or stylized graphical representation of the cannabis plant or its parts, smoke, any realistic or stylized graphical representation of drug paraphernalia, or cartoonish imagery oriented toward youth.

4.

A sign shall be posted in a conspicuous place at or near all dispensary entrances and shall include the following language: "Persons under the age of twenty-one (21) are prohibited from entering." The required text shall be no larger than one (1) inch in height.

D.

Drug paraphernalia sales. Adult-Use Cannabis Dispensing Organizations that display or sell drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.), the Illinois Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq., and the Illinois Cannabis Regulation and Taxation Act (410 ILCS 705/).

E.

Hours of operation.

1.

Adult-Use Cannabis Dispensing Organization shall operate only between the hours of 7:00 a.m. and 10:00 p.m.

2.

Adult-Use Cannabis Lounges shall operate only between the hours of 12:00 p.m. and 12:00 a.m.

F.

Age and access limitations. It shall be unlawful for any Adult-Use Cannabis Dispensing Organization to allow any person who is not at least twenty-one (21) years of age on the premises. Adult-Use Cannabis Dispensing Organizations shall not employ anyone under the age of twenty-one (21) years.

G.

Security and video surveillance.

1.

The Adult-Use Cannabis Dispensing Organization shall be an enclosed, locked facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft.

2.

The dispensary parking area, client entrance, sales area, back room, storage areas, and delivery bay and entrance shall be monitored by video surveillance equipment whose live images can be viewed by dispensary staff and continually recorded in a tamper proof format.

3.

A sign shall be posted in a prominent location which includes the following language: "These premises are under constant video surveillance."

4.

The zoning administrator shall review the adequacy of lighting, security and video surveillance installations with assistance from the City's Police Department.

5.

Adult-Use Cannabis Dispensing Organizations shall report all criminal activities to all appropriate law enforcement agencies immediately upon discovery.

6.

Deliveries shall occur during normal business hours within a secure enclosed delivery bay. No delivery shall be visible from the exterior of the building.

H.

Conduct on site.

1.

Residential co-location. No person shall reside in or permit any person to reside in a dispensary or on the property of same.

2.

Drive-through services. Drive-Thru services shall be permitted in the context of Site Plan approval by the City.

3.

Outdoor seating. Outdoor seating shall be prohibited.

4.

Loitering. Loitering is prohibited on dispensary property.

5.

Smoking and use of cannabis products. It shall be prohibited to smoke, inhale, or consume cannabis products at an adult use or medical Adult-Use Cannabis Dispensing Organization. A sign, at least eight and one-half (8½) inches by eleven (11) inches, shall be posted inside the public waiting room, limited access area, and the restricted access area of the dispensary in a conspicuous place and visible to a client and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited within this dispensary area." An adult use Adult-Use Cannabis Dispensing Organization may have an Adult-Use Cannabis Lounge located adjacent to the licensed Adult-Use Cannabis Dispensing Organization, with the limitations provided for in this chapter.

(Ord. No. 19-86, § 3, 11-25-2019)

A.

On-premise consumption of cannabis products may be smoked, inhaled or consumed at a licensed Adult-Use Cannabis Lounge pursuant to the Act and this chapter.

B.

Adult-Use Cannabis Lounges shall be:

1.

limited to the Hospitality District in the City;

2.

limited to one (1) single license and location in the City;

3.

subject to an annual license or renewed annually;

4.

adjacent to the facility of an Adult-Use Cannabis Dispensing Organization;

5.

subject to an initial and annual license renewal fee as provided for in Title 4 of the Collinsville Municipal Code.

(Ord. No. 19-86, § 3, 11-25-2019)

A.

Generally. This Section shall apply to Adult-Use Cannabis Establishments other than Adult-Use Cannabis Dispensaries and Adult-Use Cannabis Lounges.

B.

Distances shall be measured linearly and shall be the shortest distance between the closest points of the property lines of the places. This requirement shall not be subject to variance. If a boundary line measured touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the City.

C.

Setbacks. No Adult-Use Cannabis Establishment may be located within one thousand five hundred (1,500) feet of another Adult-Use Cannabis Establishment. Such setback shall be measured from property line to property line. Such distances shall be measured linearly and shall be the shortest distance between the closest points of the property lines of the places. This requirement shall not be subject to variance. If a boundary line measured touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the city zoning administrator.

D.

Perimeter setbacks. Unless otherwise limited under this chapter, the perimeter setback for an Adult-Use Cannabis Establishment shall be the same as that of the zoning district in which it is located.

E.

Minimum yard requirements. Unless otherwise limited under this chapter, an Adult-Use Cannabis Establishment must meet the requirements for the zoning district in which it is located.

F.

Exterior signage.

1.

Except as otherwise provided for in this chapter, all signage shall be limited to one (1) flat wall sign not to exceed ten (10) square feet in area, and one (1) identification sign not to exceed two (2) square feet. This identification sign may only include the Adult-Use Cannabis Cultivation Center address.

2.

Electronic message boards and temporary signs are not permitted.

3.

Signs shall not include any realistic or stylized graphical representation of the cannabis plant or its parts, or any realistic or stylized graphical representation of drug paraphernalia, or cartoonish imagery oriented toward youth.

G.

Age and access limitations. It shall be unlawful for any Adult-Use Cannabis Business Establishment to allow any person who is not at least twenty-one (21) years of age on the premises. Adult-Use Cannabis Business Establishment shall not employ anyone under the age of twenty-one (21) years.

H.

Security and video surveillance.

1.

The Adult-Use Cannabis Business Establishment shall be an enclosed, locked facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft. The fence must be adequately secure to prevent unauthorized entry and include gates tied to an access control system.

2.

The Adult-Use Cannabis Business Establishment parking area, cultivation, production, warehousing areas and shipping bays and entrance shall be monitored by video surveillance equipment whose live images can be viewed by Adult-Use Cannabis Business Establishment staff and continually recorded in a tamper proof format.

3.

A sign shall be posted in a prominent location at each entrance to the facility which reads: "These premises are under constant video surveillance."

4.

A sign shall be posted in a conspicuous location at each entrance to the facility that reads: "Persons under 21 years of age not permitted on these premises."

5.

The City shall review the adequacy of lighting, security and video surveillance installations with assistance from the City's Police Chief.

6.

The loading of product shall occur within secure enclosed shipping bays and shall not be visible from the exterior of the building.

7.

An Adult-Use Cannabis Business Establishment shall report all criminal activities to all appropriate law enforcement agencies immediately upon discovery.

I.

Conduct on site. Except as otherwise provided for in this chapter, it shall be unlawful to engage in the retail sale of medical cannabis or medical cannabis infused products at or on the site of an Adult-Use Cannabis Business Establishment.

(Ord. No. 19-86, § 3, 11-25-2019)

Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the Special Use Permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an Adult-Use Cannabis Business Establishment and the site on which it is located, consistent with the requirements of the Act.

(Ord. No. 19-86, § 3, 11-25-2019)

The City may approve the co-location of an Adult-Use Cannabis Dispensing Organization with an Adult-Use Cannabis Craft Grower Center or an Adult-Use Cannabis Infuser Organization, or both, subject to the provisions of the Act and the Conditional Use criteria within the Collinsville Municipal Code. In a co-location, the floor space requirements otherwise provided for in this chapter may not apply at the discretion of the City, but the co-located establishments shall be the sole use of the tenant space.

(Ord. No. 19-86, § 3, 11-25-2019)

A.

Any Adult-Use Cannabis Business Establishment lawfully operating as a conforming use at the time of the effective date of this chapter is not rendered a nonconforming use by the subsequent location of any church, school, public building, public park or recreation area within one thousand (1,000) feet of such business. However, this subsection applies only to the renewal of a valid license and does not apply to a license application submitted after a license has expired or has been revoked.

(Ord. No. 19-86, § 3, 11-25-2019)

The following requirements shall apply to all Adult-Use Cannabis Business Establishments within the City:

A.

Generally.

1.

Every Adult-Use Cannabis Business Establishment shall comply with all applicable statutes, codes, ordinances, laws and regulations including, but not limited to, fire, building, health, and zoning codes of the City and State.

2.

No Adult-Use Cannabis Business Establishment shall be conducted in such a manner that permits the observation from public view of the activities and operations within the indoors of the Business Establishment.

3.

No Adult-Use Cannabis Business Establishment shall advertise the availability at such business of any activity that would be in violation of this chapter, or any State or Federal law.

4.

No alcoholic beverage or other intoxicant shall be displayed, served, ingested or sold on the premises of any Adult-Use Cannabis Business Establishment.

5.

No licensee, operator or employee shall be under the influence of any alcoholic beverage or other intoxicant while working at an Adult-Use Cannabis Business Establishment.

6.

No patron who is under the influence of any alcoholic beverage or other intoxicant shall be allowed to enter any Adult-Use Cannabis Business Establishment.

7.

No gambling shall be permitted by any person in any Adult-Use Cannabis Business Establishment.

B.

Employees.

1.

The operator shall be responsible for the conduct of all employees while on the premises. Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the licensee and operator, when such operator knew, should have known, or could have known, of such act or omission, for purposes of determining whether the operating license shall be renewed, suspended or revoked and whether the licensee and operator shall be subject to the penalties imposed by this chapter.

2.

No operator shall knowingly employ in any Adult-Use Cannabis Business Establishment any person who, within three (3) years of the commencement of such employment, has been convicted in this or any other state of any of the crimes specified in Illinois Cannabis Control Act (720 ILCS 550/3, et seq.), the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.), or the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), regardless of the pendency of any appeal.

C.

Minors.

1.

No licensee, operator or employee of an Adult-Use Cannabis Business Establishment shall allow or permit any minor to enter into or in any way loiter in or on any part of the licensed premises, purchase goods or services at the licensed premises, or work at the licensed premises as an employee.

2.

Every Adult-Use Cannabis Business Establishment shall display a sign outside each entrance of such business bearing the words "Adult-Use Cannabis Business Establishment. Persons Under twenty-one (21) Years Old Not Admitted" in legible letters between two (2) and six (6) inches tall.

D.

Security. In addition to any other requirements provided for in this chapter, during business hours, all Adult-Use Cannabis Business Establishments shall store all useable cannabis, cannabis-infused product, and cash in a safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be incorporated into the building structure or securely attached thereto. For useable cannabis products that must be kept refrigerated or frozen, these products must be stored in a locked refrigerator or freezer container in a manner approved City, provided the container is affixed to the building structure.

(Ord. No. 19-86, § 3, 11-25-2019)

A.

Odors. Any cannabis odor shall be contained within the Adult-Use Cannabis Business Establishment so that the odor of cannabis cannot be detected from any abutting use or property by a person with a normal functioning sense of smell. If any cannabis odor can be smelled from any abutting use or property, the Adult-Use Cannabis Business Establishment shall be required to implement measures necessary to contain the odor, including, but not limited to, installation of ventilation equipment.

B.

No person, tenant, occupant, or property owner shall permit the emission of cannabis odor from any source to result in detectable odors that leave the premises upon which they originated and interfere with the reasonable and comfortable use and enjoyment of another's property.

C.

Whether or not a cannabis odor emission interferes with the reasonable and comfortable use and enjoyment of a property shall be measured against the objective standards of a reasonable person of normal sensitivity.

D.

A cannabis odor emission shall be deemed to interfere with the reasonable and comfortable use and enjoyment of property if cannabis odor is detectable outside the premises.

E.

No person shall be convicted of a violation of this section unless the City has delivered or posted a written warning, in the previous twelve (12) months, that conduct violating this chapter is occurring or has occurred.

1.

The person, tenant, occupant, or property owner must abate the cannabis odor emission within seven (7) days after the warning is delivered or posted.

2.

Seven (7) or more days after a warning is posted or delivered, a separate violation of this chapter occurs on each day that the cannabis odor emission repeats or continues.

3.

The warning shall cite this section.

4.

The warning may be delivered personally or posted on the property.

5.

It shall be presumed that a person charged under this chapter received the warning if the warning was either: (i) delivered to the property owner, a tenant, or an occupant; or (ii) posted on the property.

(Ord. No. 19-86, § 3, 11-25-2019)

In the event that any provision of this chapter, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining provisions of this chapter, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance.

(Ord. No. 19-86, § 3, 11-25-2019)

This chapter shall be in full force and effect from and after its passage, approval and publication as provided by law.

(Ord. No. 19-86, § 3, 11-25-2019)

A.

Any licensee, operator, employee or other person who violates any of the provisions of this chapter shall be subject to a fine as provided in Section 1.16.010 of the Collinsville Municipal Code for each such violation.

B.

Each violation of this chapter shall be considered a separate offense, and any violation continuing more than one (1) hour of time, after having initially been made aware of the violation, shall be considered a separate offense for each hour of violation.

C.

In addition to any fines or penalties imposed in this chapter, this chapter may be enforced by injunctive procedure in a court of competent jurisdiction. The City may further recover from any violator any and all costs and fees, including reasonable attorney's fees, expended by the City in enforcing the provisions of this chapter.

D.

This chapter shall not preclude any additional enforcement action taken by any appropriate City, State or Federal official conducted pursuant to any applicable ordinance, regulation or law of the City or State or the United States of America.

E.

All remedies and penalties provided for in this chapter shall be cumulative and independently available to the City, and the City shall be authorized to pursue any and all remedies set forth in this chapter to the fullest extent allowed by law.

(Ord. No. 19-86, § 3, 11-25-2019)

A.

Failure to Obtain State Registration. Should a Adult-Use Cannabis Business Establishment fail to provide evidence to the City that the facility has achieved its approval of registration from the State of Illinois within one hundred eighty (180) days of the approval of its zoning by the City council, its Special Use Permit use shall become null and void, and the zoning of the parcel shall revert to that which existed prior to the City Council action which provided the Special Use Permit under this chapter.

B.

Extension. Within ninety (90) working days of the date upon which such Special Use Permit was approved, an Adult-Use Cannabis Business Establishment may request of the City Council an extension of the one hundred eighty (180) days for an additional ninety (90) days, upon the provision of evidence providing the cause of the delay and the need for an extension. Such additional extensions may be allowed only at the discretion of the City Council.

C.

Failure to comply with State and City regulations. Should a Adult-Use Cannabis Business Establishment fail to conform to and meet all laws, rules and regulations established by the State of Illinois and the City pursuant to the production and distribution of cannabis and other associated products as allowed under the Act and its subsequent implementing regulations, this may be considered a dissolution of use, allowing for the revocation of zoning by the City. Should zoning be revoked, the zoning of the subject parcel shall revert to that which existed prior to the City Council action which provided for the Special Use Permit under this chapter.

D.

Termination of use. Should a Adult-Use Cannabis Business Establishment fail to use the property for the purpose under which the Special Use Permit was provided for a period of one hundred eighty (180) days, this may be considered dissolution of use, allowing for the revocation of zoning by the City. Should zoning be revoked, the zoning of the subject parcel shall revert to that which existed prior to the City Council action which provided for the Special Use Permit under this chapter.

(Ord. No. 19-86, § 3, 11-25-2019)

Facilities operating in the City both pursuant to the Illinois Compassionate Use of Medical Cannabis Program and prior to the enactment of this chapter, shall not be required to comply with Sections 17.058.050, 17.058.070, and 17.058.100 of this chapter.

(Ord. No. 19-86, § 3, 11-25-2019)