This Article is intended to protect the public health, safety and welfare of the City and its residents by establishing regulations in regard to the cultivation, processing, dispensing and transportation of adult-use cannabis and medical cannabis within the corporate limits of the City of Country Club Hills.

The purpose of this Article is to ensure new cannabis business establishments are integrated with surrounding uses and are compatible in character with the surrounding neighborhood or area of the zoning district in which they are located.

The zoning and regulations contemplated herein shall only apply to medical and recreational (adult-use) cannabis business establishments licensed and operating under state law.

(Ord. No. OA-09-19, § 2, 11-25-2019)

The following words and terms, wherever they appear in this Article, shall be construed as herein defined. Additionally, the Village adopts all other definitions set forth in the Cannabis regulation and Tax Act and the Compassionate Use of Medical Cannabis Program Act, as if fully set forth herein.

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 as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder. The facility must contain a minimum of 3000 sq. ft., but no more than 14,000 sq. ft. of cultivation space.

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 and usable medical cannabis to licensed cannabis business establishments as set forth in the Cannabis Regulation and Tax Act 410 ILCS 705/1 et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder. The facility shall contain no more than 210,000 sq. ft. of cultivation space.

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 as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 70511 et seq., and as it may be amended from time-to-time, and the 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 as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq., and as it may be amended from time-to-time, and the 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 as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq. and as it may be amended from time-to-time, and the 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 candidate business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 70511 et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.

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; and the display of window and interior signs.

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 derivatives, whether produced directly or indirectly by extraction; however "cannabis" does not include the mature stalks of the plant, fiver 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 resin extracted from it), fiber, oil or cake or the sterilized seed of the plant that is incapable of germination. "Cannabis" also means concentrate and cannabis-infused products.

Cannabis Business Establishment. An adult-use dispensing organization and/or a medical cannabis dispensing organization.

Consume, Consuming or Consumption. Smoking, eating, drinking, chewing, applying topically or otherwise ingesting.

Enclosed Locked Facility. A room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by agents of a licensed cannabis business establishment and acting pursuant to State law.

Medical Cannabis Dispensing Organization. A facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualifying patient cardholder status, or an Opioid Alternative Pilot program participant as set forth in the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et eq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.

Medical Cultivation Center. A facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis as set forth in the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.

State Law/Statute. 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., and as they may be amended from time-to-time, and the regulations promulgated thereunder.

Underaged Person. As used in this Article, means any person less than twenty-one (21) years of age.

(Ord. No. OA-09-19, § 2, 11-25-2019)

Cannabis business establishments shall 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., and as they may be amended from time-to-time, and the regulations promulgated thereunder, and the regulations provided below. In the event that either or both of the Acts are amended the more restrictive of the state or local regulations shall apply; however, in the event the local regulations conflict with state law, state law shall prevail.

(Ord. No. OA-09-19, § 2, 11-25-2019)

A City-issued certificate of zoning compliance, s state-issued license for the specific cannabis business establishment, and a City-issued business license are required prior to any cannabis business establishment is allowed to open for business.

(Ord. No. OA-09-19, § 2, 11-25-2019)

A cannabis business establishment shall be permitted only as a special use in the zoning districts set forth in Section 15.13.06 of this Article. In determining whether the special use will be approved, the petitioner shall be required to submit plans and documents (collectively Facility Components") deemed necessary by the City, including, but not limited to the following:

1.

Plat of Survey.

2.

Site Plan, including but not limited to buildings, building entrances, parking sidewalks, adjacent streets and immediately surrounding uses.

3.

Engineering Plan.

4.

Architectural Plans and Elevations.

5.

Building Material Samples.

6.

Lighting Plan.

7.

Signage Plan.

8.

Business and Operational Plan.

9.

Parking Plan and Traffic Study.

10.

Impact on Surrounding Areas.

11.

Security Plan/Installations to be reviewed and approved by the Chief of Police, or his/her designee for the adequacy of lighting, security and video surveillance. The security plan shall include, but is not limited to, the following:

(a)

The cannabis business establishment shall be 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;

(b)

The parking area, client entrance, sales area, back room, storage areas and delivery and loading bay and entrance shall be monitored by video surveillance equipment with live images that can be viewed by agents of the cannabis business establishment, continually recorded in a tamper proof format;

(c)

A sign shall be posted in a prominent location which includes the following language: "This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility or its patrons"; and

(d)

Process for reporting criminal activity on the licensed premises to local law enforcement officials.

12.

A ventilation plan that describes the ventilation systems that will be used to prevent any odor of cannabis and cannabis-infused products off the premises of the business.

13.

Proof of Compliance with State law.

14.

Other criteria deemed necessary to assess compliance with this Article.

(a)

For an adult-use cannabis dispensary and/or medical cannabis dispensary, an "operation plan" shall include, but is not limited to the following information:

(i)

A floor plan including where the sale of cannabis shall take place in the establishment and where the designated area for storage and delivery shall be;

(ii)

The types of cannabis that will be offered for sale and the hours of service and method of packaging and delivery to customers;

(iii)

The location for the checking of identification to determine the customer's age;

(iv)

The location of medical cannabis purchases; and

(v)

A plan for disposal of any cannabis or byproducts that are not sold in a manner that protects any portion thereof from being possessed or ingested by any person or animal and that abides by applicable state and/or local regulations.

(Ord. No. OA-09-19, § 2, 11-25-2019)

1.

An Adult-Use Dispensing Organization shall be permitted as a special use in commercial zoning districts.

2.

A Medical Cannabis Dispensing Organization shall be permitted as a special use in commercial zoning districts.

3.

Adult-Use Craft Grower Facilities, Adult-Use Cannabis Cultivation Centers, Adult-Use Cannabis Infuser Organizations, Adult-Use Cannabis Processing Organizations and Adult-Use Cannabis Transporting Organizations shall be permitted as special uses in commercial zoning districts.

(Ord. No. OA-09-19, § 2, 11-25-2019; Ord. No. OA-01-20, § 1, 2-10-2020)

1.

Adult-Use Cannabis Dispensing Organization. No more than one (1) special use permit shall be granted for an adult-use cannabis dispensing organization within the City's corporate boundaries. The proposed adult-use dispensing organization must comply with the following:

(a)

The facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this subsection

(b)

The facility may not be located within 500 feet of a place of worship, park/playground, library, or a games arcade establishment or recreation center or facility to which admission is not restricted to persons 21 years or older.

(c)

The facility may not be located in a dwelling unit or within 500 feet of the property line of a pre-existing property zoned or used for residential purposes.

(d)

The facility may not be within 1,500 feet of a pre-existing dispensing facility, whether said dispensary is within the corporate boundaries of the City or in another municipal jurisdiction.

(e)

At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by state statute.

(f)

No dispensing organization shall sell food for consumption on the premises.

(g)

The facility may not conduct any sales or distribution of cannabis other than as authorized by state statute.

(h)

The hours of operation of an adult-use dispensing facility are between 10:00 a.m.—9:00 p.m., Monday through Saturday, and 12:00 p.m.—6:00 p.m., Sunday.

(i)

A minimum of two (2) employees must be working at the dispensary at all times it is open.

(j)

All site lighting and inside the dispensary building must be provided and kept in good working order and of sufficient wattage for security cameras and the safety of customers and employees.

(k)

All product storage, display, and sales must be conducted inside an enclosed building. Drive-through facilities are prohibited.

(l)

Cannabis products shall be sold at retail at the dispensary but are prohibited from being cultivated, processed, or manufactured within the dispensary.

(m)

Petitioner shall file an affidavit, provided by the City, with the City affirming compliance with the City's regulations regarding the Facility Components set forth in Section 15.13.04 of this Article and Adult-Use Cannabis Dispensing Organization and all other requirements of state law.

(n)

The facility shall comply with the zoning requirements set forth in the Zoning Code for the C-4 zoning district.

2.

Medical Cannabis Dispensing Organization. A special use permit shall be required for a medical cannabis dispensing organization to operate within the City's corporate limits. This subsection pertains to the operation of a facility that only dispenses medical related cannabis and cannabis related products. The proposed medical cannabis dispensing facility must comply with the following:

(a)

The facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this subsection.

(b)

The facility may not be located within 500 feet of a place of worship, park/playground, library, or a games arcade establishment or recreation center or facility to which admission is not restricted to persons 21 years or older.

(c)

The facility may not be located in a dwelling unit] or within 500 feet of the property line of a pre-existing property zoned or used for residential purposes.

(d)

The facility may not conduct any sales or distribution of medical cannabis other than as authorized by state statute.

(e)

The hours of operation of a medical cannabis facility may be between 10:00 a.m.—9:00 p.m., Monday through Saturday, and 12:00 p.m.—6:00 p.m., Sunday.

(f)

A minimum of two (2) employees must be working at the dispensary at all times it is open.

(g)

All site lighting and inside the dispensary building must be provided and kept in good working order and of sufficient wattage for security cameras and the safety of customers and employees.

(h)

All product storage, display, and sales must be conducted inside an enclosed building. Drive-through facilities are prohibited.

(i)

Medical cannabis products shall be sold at retail at the dispensary but are prohibited from being cultivated, processed, or manufactured within the dispensary.

(j)

Verification that the proposed facility complies with the required spacing and location requirements of state law.

(k)

Petitioner shall file an affidavit, provided by the City, with the City affirming compliance with the Facility Components set forth in Section 15.13.04 of this Article, and Medical Cannabis Dispensing Organizations and all other requirements of the Compassionate Use of Medical Cannabis Program Act.

(l)

The facility shall comply with the zoning requirements set forth in the Zoning Code for the commercial zoning district in which it is located.

(Ord. No. OA-09-19, § 2, 11-25-2019)

1.

The cannabis business establishment shall be required to comply with the parking requirements applicable to the underlying zoning district unless otherwise approved by the City Council.

2.

Parking shall be located in an area which is visible from a public road and must be accessed directly from a public street.

3.

Parking areas shall be well lit and monitored by video surveillance equipment with live images that can be viewed by agents of the cannabis business establishment and continually recorded in a tamper proof format.

(Ord. No. OA-09-19, § 2, 11-25-2019)

1.

No cannabis business establishment shall be maintained or operated in a manner that causes, creates or allows the public viewing of cannabis paraphernalia or similar products from any sidewalk, right-of-way, or any property other than the lot on which the cannabis business establishment is located. No portion of the exterior of the cannabis business establishment shall use or contain any flashing lights, search lights, spot lights, or any similar lighting system.

2.

Signage shall comply with the standards of the underlying zoning district unless otherwise approved by the City Council.

3.

No cannabis business establishment shall have signage or engage in advertising that is not in compliance with state law (410 ILCS 705/55-20), including but not limited to the following:

(a)

Within 1000 feet of school grounds, playgrounds, hospitals, health care facilities, recreation centers, child care centers, public parks, public libraries; or game arcades that admit persons under the age of 21.

(b)

That promotes the overconsumption of cannabis.

(c)

That displays cannabis.

(d)

That shows someone under 21 consuming cannabis.

(e)

That makes health or medicinal claims about cannabis.

(f)

That includes any image of the cannabis leaf or bud.

(g)

That includes any image that is likely to appeal to minors.

(h)

On or in publicly owned or publicly operated property.

(i)

On or in a public transportation vehicle or on a public transportation shelter.

(j)

That is false or misleading.

4.

A sign shall be posted in a conspicuous place at or near the cannabis business establishment entrances that shall include the following language: "Persons under the age of 21 are prohibited from entering." The required text shall be no smaller than one inch (1") in height nor greater than twelve inches (12") in height.

(Ord. No. OA-09-19, § 2, 11-25-2019)

1.

General Restrictions.

(a)

No cannabis business establishment shall allow any person who is not at least twenty-one (21) years of age on the premises or employ anyone under the age of twenty-one (21) years of age.

(b)

A cannabis business establishment shall maintain compliance with state law and local building, fire and zoning requirements or regulations.

(c)

No adult-use cannabis business shall operate in violation of the operational requirements and prohibitions set forth in the section applicable to its specific business in 410 ILCS 705/1 et seq., which are adopted and incorporated herein by reference as if fully set forth herein.

(d)

No medical cannabis dispensary or cultivation center shall operate in violation of the requirements and prohibitions set forth in the section applicable to its specific business in 410 ILCS 130/1, et seq., which are adopted and incorporated herein by reference as if fully set forth herein.

(e)

Loitering is prohibited on the property or licensed premises of a cannabis business establishment.

(f)

No cannabis business establishment shall allow any person to smoke, inhale or consume cannabis or cannabis products on the property and licensed premises occupied by the cannabis business establishment. A sign, at least 8.5 by 11 inches, shall be posted inside the cannabis business establishment facility in a conspicuous place visible to employees and clients, and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products on the property is strictly prohibited."

(g)

No products shall be visible from the public street, sidewalk or other public place.

2.

Restrictions Applicable to Cannabis Dispensaries. In addition to the above enumerated general restrictions, the following restrictions shall apply to a licensed cannabis dispensary:

(a)

The sale of cannabis and cannabis products to individuals at any given time shall not exceed the following amounts:

(i)

For an Illinois resident who is twenty-one (21) years or older:

a.

30 grams of cannabis flower;

b.

No more than 500 milligrams of THC contained in a cannabis-infused product; and

c.

5 grams of cannabis concentrate.

(ii)

For a non-Illinois resident who is twenty-one (21) years or older:

a.

15 grams of cannabis flower;

b.

2.5 grams of cannabis concentrate; and

c.

250 milligrams of THC contained in a cannabis-infused product. The purchase limits set forth in subsections (i) and (ii) are considered cumulative.

(b)

No "delivery" service to any location.

(d)

Dispensaries shall not enter into agreements to allow persons who are not dispensing organization agents to deliver cannabis or transport cannabis to purchasers.

(e)

No drive-thru facilities.

(f)

No cannabis odors shall be detectable outside the dispensary.

(g)

Operation of the dispensary is prohibited when video surveillance equipment is inoperative.

(h)

Operation of the dispensary is prohibited when point-of-sale equipment is inoperative.

(i)

Operation of the dispensary is prohibited when the State's cannabis electronic verification system is inoperative.

(j)

Operation of the dispensary is prohibited when there are fewer than two (2) employees working. No alcoholic products can be sold in the dispensary, except tinctures, which must be limited to containers that are no larger than 100 milliliters.

(k)

The cannabis and cannabis-infused products must be packaged and labels with the name of the dispensing organization, the contents, the weight of the raw cannabis [grams] or, for cannabis products, the amount of THC [mg].

(l)

The age of the purchaser shall be verified by checking a government-issued identification card by use of an electronic reader or electronic scanning device to scan the identification.

(m)

Specific required sales information on each sale must be entered into the State's cannabis electronic verification system.

(n)

The dispensary shall only accept cannabis deliveries into a restrictive access area. Deliveries may not be accepted through the pubic or limited access areas unless otherwise approved by state statute.

(o)

Dispensaries shall not sell cannabis, cannabis concentrate, or cannabis-infused products in combination or bundled with each other or any other items for one price. Each item of cannabis, cannabis concentrate, or cannabis-infused products must be separately identified by quantity and price on the receipt.

(p)

Clones or other live plant material shall not be sold in dispensaries.

(q)

Dispensaries shall not allow the dispensing of cannabis or cannabis-infused products in vending machines.

(r)

Dispensaries shall not produce or manufacture cannabis.

(s)

A dispensary shall not accept a cannabis product from a cultivation center, craft grower, infuse, dispensing organization, or transporting organization unless it is prepackaged and labeled in accordance with state statute and any rules that may be promulgated thereunder.

(t)

A dispensary shall not obtain cannabis or cannabis-infused products from any state other than the State of Illinois.

(u)

A dispensary shall not sell medical cannabis or medical cannabis-infused products to a purchaser unless the dispensary is licensed under the Compassionate Use of Medical Cannabis Program Act and the purchaser is registered under said Act.

(Ord. No. OA-09-19, § 2, 11-25-2019; Ord. No. OA-01-20, § 2, 2-10-2020)