All cannabis organizations are prohibited, and no person shall locate, operate, own, suffer, or allow to be operated a cannabis organization within a residential zoning district.

It shall be unlawful to locate or operate a cannabis industrial organization in any zoning district in the City of Hometown.

It shall be unlawful to locate or operate a cannabis dispensing organization in the City of Hometown except when on/adjacent to Cicero Avenue or Pulaski Avenue, or when on/adjacent to 87th Street or Southwest Highway [subject to the locational restrictions of Subsection (D)].

It shall be unlawful to locate or operate a cannabis dispensing organization on/adjacent to 87th Street or Southwest Highway in the City of Hometown unless located east of Merrion Lane or west of Kilpatrick Avenue.

It shall be unlawful to locate or operate a cannabis dispensing organization in the City of Hometown within 0.75 miles of another cannabis dispensing organization in the City of Hometown.

It shall be unlawful to engage in any activity authorized to be conducted by or in a cannabis industrial organization by or in a cannabis dispensing organization.

No other cannabis organization, of any type, shall be allowed, and no person shall locate, operate, own, suffer, or allow to be operated a cannabis organziation within any zoning district unless specifically authorized in accordance with the provisions of this article.

The operation of any cannabis organization in the City of Hometown in violation of the provisions of this article is hereby declared a public nuisance and may be abated by all available remedies afforded under the law.

A cannabis dispensing organization may not be located in a house, apartment, condominium or a building devoted in whole or in part to a residential use.

A cannabis dispensing organization may not have drive-thru service.

Space occupied by a cannabis dispensing organization shall not be occupied or shared by any other business or tenant, or used for any other purpose other than as permitted under this article. However, a different and unrelated business or tenant may occupy a separate and distinct unit of the building occupied by a cannabis dispensing organization, provided said business or tenant does not sell or deal in tobacco, cannabis, alcohol, gaming, or related products and/or paraphernalia.

The on-site consumption of cannabis or cannabis-infused products shall be prohibited on the premises of the cannabis dispensing organization unless the cannabis dispensing organization: i) has obtained an accessory business license for on-site consumption; and, ii) otherwise complies with the provisions of this article governing the operation thereof.

At least 90% of the floor area of any space occupied by a cannabis dispensing organization shall be devoted to the activities of the cannabis dispensing organization. For purposes of calculating the total square footage dedicated to retail sales, that portion of the floor area dedicated to the distribution of cannabis or cannabis-infused products shall be excluded from this calculation; all floor area dedicated to the sale of other cannabis products and/or paraphernalia shall be included.

No cannabis dispensing organization shall be operational or open to the public between the hours of 10:00 p.m. through 7:59 a.m.

Cannabis dispensing organizations shall provide four customer parking spaces per 1,000 square feet of gross floor area of the dispensary. In the event the cannabis dispensing organization has an accessory business license for on-site consumption it shall provide six customer parking spaces per 1,000 square feet of the gross floor area of the dispensary. All parking requirements of the Americans with Disabilities Act and all other anti-discrimination laws must be met.

Provided a cannabis dispensing organization otherwise complies with the provisions of the Acts and this Hometown Zoning Ordinance, nothing herein shall prevent or require special approval for ownership or location changes of a cannabis dispensing organization. Notwithstanding the above, notice of the same shall be provided to the City of Hometown not less than 30 days in advance of such change.

Applicant shall install building enhancements, such as security cameras, lighting, or other improvements, as needed or at the request of the City, to ensure the safety of employees and customers of the cannabis dispensing organization. Said improvements may be required by the City in excess of those security measures required by the Acts.

No cannabis dispensing organizations shall commence or continue operations until and unless it has a valid business license, which shall be subject to renewal annually. The business license fee for cannabis dispensing organizations shall be $5,000 each year. The accessory business license fee for on-site consumption shall be $10,000 each year.

On-site consumption of cannabis shall only be permitted in a designated lounge area of the dispensary, which shall be secure and separated from the area of the dispensary where retail sales and/or delivery of cannabis occurs.

There shall be no more than one designated lounge area and the entirety of such area, including persons present therein, shall be visible (having no obstructed views) from all points within the lounge.

No smoking of cannabis shall be permitted on site unless in a designated lounge area of the dispensary and unless smoke therefrom does not infiltrate into areas where smoking or the consumption of cannabis is prohibited.

The cannabis dispensing organization shall take measures to protect employees and independent contractors from coming into contact with smoke or other by-products of cannabis that is being consumed on the premises.

No activities taking place in the lounge shall be visible from the exterior of the premises.

No cannabis dispensing organization allowing on-site consumption of cannabis and cannabis-infused products shall be located in a building having one or more tenants or businesses with a retail liquor dealer's license authorizing the consumption of any form of alcohol on the premises.

Access to the lounge shall only be permitted through the area of the dispensary where retail sales occur. There shall be no direct access to the lounge from the exterior of the dispensary. Excepting emergency exits, only one direct exit to the exterior from the lounge shall be permitted and accessible to customers.

A dispensary may charge for admission to the lounge, but the fee shall be uniform for all persons.

Only cannabis and cannabis-infused products purchased at the dispensary on the day a customer is present in said lounge shall be consumed on the premises. The sampling or consumption of cannabis purchased or brought in from off-site is prohibited.

The sale, delivery or provision of cannabis or cannabis-infused products by the dispensing organization shall be prohibited within the lounge.

The sale, distribution, possession, and/or consumption of alcohol on the premises licensed hereunder shall be prohibited at all times.

No person under the age of 21 shall be permitted to enter the lounge area of the dispensary.

No persons other than employees of the dispensing organization having entered the lounge area shall be permitted to directly access or return to the area of the dispensary where retail sales occur.

The lounge area shall be under unobstructed video surveillance 24 hours a day. The cameras shall be directed so all areas are captured. Cameras shall be angled to allow for facial recognition, the capture of clear and certain identification of any person entering or existing the lounge and in lighting sufficient during all times of night or day. Cameras shall otherwise comply and be capable of producing images as required by Section 15-100 of the Cannabis Regulation and Tax Act. Hometown police shall have access to surveillance footage upon demand.

All cannabis and cannabis-infused products, and any residual product remaining after consumption or usage, shall be destroyed and disposed of in the manner required by Section 15-90 of the Cannabis Regulation and Tax Act.

It shall be unlawful to permit any person (excepting security working on-site) to carry or possess a firearm while present in a dispensary, including the lounge. The dispensary shall post signs prohibiting the carrying of firearms on the premises in accordance with Section 65 of the Firearm Concealed Carry Act.

Each cannabis dispensing organization allowing the on-site consumption of cannabis and cannabis-infused products shall have not less than the greater of two security guards or two security guards per 3,000 square feet of the lounge space assigned and present to provide security to the lounge during operations. These security guards shall be employed through the private security contractor having a contract with the cannabis-dispensing organization and shall be in addition to any other security guards required to monitor other areas of the dispensary or to otherwise comply with the security provisions of all applicable laws, rules and regulations.

Upon request, the cannabis-dispensing organization shall provide equipment or materials to protect persons not consuming cannabis from smoke or other by-products of cannabis consumption at no cost.

In addition to any fines that may be imposed hereunder, all business licenses issued to cannabis dispensing organizations are subject to nonrenewal, suspension or revocation in whole or in part. The basis for the nonrenewal, suspension or revocation shall include, but not be limited to, violations of the laws, rules, and regulations of the State of Illinois and the Municipal Code of Hometown.

Proceedings to not renew, suspend or revoke a business license shall be initiated by the Chief of Police. The Chief of Police shall initiate such proceedings by filing written charges with the Mayor. The Mayor shall send written notice of the charges to the licensee no later than 48 hours after they are filed. The notice shall include a copy of the charges as well as notification as to the date, time and location for the hearing on the charges. Notice shall be provided by Certified U.S. Mail, return receipt requested, to the addresses listed for the licensee.

The hearing shall take place no sooner than 25 days nor more than 45 days after charges are filed with the Mayor. The Mayor shall preside over the hearing and base his/her decision upon the evidence submitted. The formal rules of evidence will not apply at the hearing. All witnesses proposed to testify shall be presented live, sworn in, and subject to direct and cross-examination. The Chief of Police shall have the burden of proof and shall be required to prove its case by a preponderance of evidence.

A court reporter will be provided on the timely request (no later than five business days before the scheduled hearing) either party. The party requesting the court reporter shall be responsible for the costs of his/her attendance and the reproduction of the transcript to be made a part of the record.

Licensees shall be permitted but are not required to be represented by an attorney.

No continuance will be granted except for the most extenuating circumstances.

No later than 30 days after the close of the hearing, the Mayor shall issue his/her decision, in writing, setting forth his findings of fact and legal conclusions. The written decision shall be mailed to all interested parties by Certified U.S. Mail, return receipt requested. The Mayor shall have the authority to issue fines in lieu of or in addition to such other relief as may be requested by the Chief of Police.

Either party to the proceeding may appeal the Mayor's ruling to the City Council of the City of Hometown in accordance with the provisions of § 22-79.

The Mayor's decision shall be final and take immediate effect, but shall be subject to stay upon filing of an appeal. No stay shall be authorized from a temporary suspension.

The Mayor may temporarily suspend a dispensing organization license without a hearing if the Mayor finds that public safety or welfare requires emergency action. The Mayor shall cause the temporary suspension by issuing a suspension notice in connection with the institution of proceedings for a hearing. Under such circumstances, post-deprivation proceedings shall be afforded to the landlord. All other procedural requirements of this section shall apply. If the Mayor does not hold a hearing (subject to agreed upon continuances or extensions) with 45 days after the date the suspension notice was issued, then the suspended license or registration shall be automatically reinstated and the suspension vacated.

The Mayor's decision to not renew, suspend or revoke a license may be appealed to the City Council of the City of Hometown.

The licensee shall perfect the appeal by filing a notice of appeal with the City Clerk no later than 14 days after the date of the Mayor's decision. The notice of appeal shall identify any factual or legal errors with the Mayor's decision, a short argument in favor of reversal, and a copy of the Mayor's decision. Any error or argument not raised in the notice of appeal shall be deemed waived on appeal.

The timely filing of a notice of appeal shall stay the Mayor's decision through the date on which the appeal is decided.

Within 48 hours of the filing of the notice of appeal, the City Clerk shall send written notice of the appeal to the Chief of Police and the licensee. The notice shall include a copy of the notice of appeal as well notification as to the date, time and location for the hearing on the appeal. Notice shall be provided by Certified U.S. Mail, return receipt requested, to the home addresses listed for the landlord.

The hearing shall take place no sooner than 25 days nor more than 45 days after the notice of appeal is filed by the licensee. No continuance will be granted except for the most extenuating circumstances.

The City Council shall decide the appeal based upon the record generated before the Mayor. The record shall consist of all evidence submitted at the hearing before the Mayor and a copy of the transcript of the proceedings assuming the appellant files a copy with the City Clerk no later than seven days after the notice of appeal is filed. The standard of review shall be governed by the standards employed under the Administrative Review Law.[1]

The City Attorney shall sit as counsel for the City Council on appeal.

No later than 30 days after the hearing, the City Council shall issue his written decision either affirming or reversing the Mayor's decision. The written decision shall be mailed to all interested parties by Certified U.S. Mail, return receipt requested. The City Council's decision on appeal shall be final and shall take effect immediately.