A.   It is the intent and purpose of this Chapter to provide regulations regarding the cultivation, processing and dispensing of medical use cannabis, adult-use cannabis, and retail sales of cannabis paraphernalia as defined herein, occurring within the corporate limits of the City of Jerseyville and within the one and one- half mile extra-jurisdictional area around the City. Such facilities shall comply with all applicable regulations provided in the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130 et seq.) ("Medical Use Act") and the Cannabis Regulation and Tax Act (410 ILCS 705 et seq.) ("Adult-Use Act"), as they may be amended from time-to-time, and applicable regulations promulgated thereunder, and the regulations provided in this Chapter and the Jerseyville Zoning Code, as they may be amended from time-to-time. In the event the Medical Use Act or the Adult-Use Act conflict with this Chapter 9, the more restrictive of the state or local regulations shall apply.

   B.   The number of cannabis business establishments and cannabis paraphernalia retail establishments within the corporate limits of the City of Jerseyville and within the one and one-half mile extra-jurisdictional area around the City shall be determined by resolution of the City Council which will be placed on file with the City Clerk. (Ord. 1802, 11-14-2023)

   A.   Compassionate Use of Medical Cannabis Program Act facilities, adult-use cannabis business establishments or facilities, and cannabis paraphernalia retail establishments, as defined herein, shall require approval as a special use, and shall be processed in accordance with Chapter 11, Special Uses of this Title 11, and Section 11-9-3, Medical Use and Adult-Use Cannabis Facility Compliance Components, as provided herein. Upon successful completion of all applicable requirements in Title 11 Zoning, and Chapters 9 and 11, as determined in the sole discretion of the City, the petitioner shall receive a special use permit authorizing the operation of the type of medical use facility, adult-use cannabis business establishment or facility, or cannabis paraphernalia retail establishment, applied for, or any combination of medical use facility, adult-use facility, and cannabis paraphernalia retail establishment, if applied for, at the location applied for. Prior to commencement of operation as a medical use or adult-use cannabis business establishment or facility, the petitioner shall provide evidence to the City of issuance of its valid state license to operate as such. Should the petitioner's state license be suspended or revoked the petitioner shall cease business operations until such time as the state license is issued, renewed, or reinstated. The special use permit shall be automatically revoked if the state license is not issued, renewed, or reinstated within a period of six (6) consecutive months from the date of issuance of the special use permit, or from the date of suspension or revocation of the state license. Reinstatement of the special use permit by the City shall require re-application for the same. The City may consider the reasons for the non-issuance, suspension, or revocation of the state license in making the decision regarding whether to reissue the special use permit.

   B.   Application Fee and Administration and Legal Expenses. Upon submission of the petition for a special use, the applicant shall pay a non-refundable application fee of $2,500.00, and a non-refundable deposit of $2,500.00 toward City administration and legal expenses for processing of the application. Administration and legal expenses exceeding $2,500.00 will be billed to the applicant monthly as incurred. (Ord. 1802, 11-14-2023)

   A.   In determining compliance with all requirements of Title 11 Zoning, and Chapter 11, Special Uses of this Title, the following components of the medical use or adult-use cannabis business establishment or facility shall be evaluated based on the definitions of each such cannabis business establishment as defined in Chapter 2 of said title and the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the property and the following additional information:

      1.   A copy of the applicant's state of Illinois application and all supporting materials, including the state approved license to do business.

      2.   Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

      3.   Proposed structure in which the facility will be located, including co- tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

      4.   Hours of operation and anticipated number of customers/employees.

      5.   Anticipated parking and loading demand based on Chapter 13, Off Street Parking and Loading, and the available public and private parking supply.

      6.   Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

      7.   Site location and design, including access points and internal site circulation.

      8.   Proposed signage plan.

      9.   Compliance with all requirements provided in the Medical Use Act and the Adult-Use Act, and in Section 11-9-4, Adult-Use Cannabis Craft Grower; Section 11-9-5, Adult-Use Cannabis Cultivation Center or Medical Use Cannabis Cultivation Center; Section 11-9-6, Adult-Use Cannabis Dispensing Organization or Medical Use Cannabis Dispensing Organization; Section 11-9-7, Adult-Use Cannabis Infuser Organization; Section 11-9-8, Adult-Use Cannabis Processing Organization; Section 11-9-9, Adult-Use Cannabis Transporting Organization, or Section 11-9-10, Cannabis Paraphernalia Retail Establishment, as applicable.

      10.   Other criteria determined to be necessary to assess compliance with Title 11 Zoning and Chapter 11, Special Uses of this Title. (Ord. 1802, 11-14- 2023)

   A.   In those zoning districts in which the facility for an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand two hundred (1,200) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, school grounds, playground, recreation center or facility, childcare center, public park, public library, game arcade to which admission is not restricted to persons twenty-one (21) years of age or older, day care center, day care home, church, or church school. Adult learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within five hundred (500) feet of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Adult-Use Act or Medical Use Act, as applicable.

      4.   For purposes of determining required lighting, landscaping, signage, setbacks, surfacing, number, and location of off-street and off-site parking and loading spaces, an adult-use cannabis craft grower shall be classified as "Manufacturing and industrial uses, ... " per Section 11-13-6-1, Schedule of Parking Requirements, and as "Buildings containing manufacturing uses, ... " per Section 11-13-6-2, Schedule of Loading and Unloading Requirements, provided however, that the City may require that additional parking or loading spaces be provided resulting from the analysis completed through Section 11-9-3, Medical Use and Adult-Use Cannabis Facility Compliance Components, herein. Construction of and materials for all parking and loading spaces shall comply with Section 11-13-5.C.

      5.   Petitioner shall file an affidavit with the City affirming compliance with Chapter 9 as provided herein and all other requirements of the Adult-Use Act. (Ord. 1802, 11-14-2023)

   A.   In those zoning districts in which a facility for an adult-use cannabis cultivation center or medical use cannabis cultivation center, or a combined center, may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand two hundred (1,200) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, school grounds, playground, recreation center or facility, childcare center, public park, public library, game arcade to which admission is not restricted to persons twenty-one (21) years of age or older, day care center, day care home, church, or church school. Adult learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within five hundred (500) feet of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Adult-Use Act or Medical Use Act, as applicable.

      4.   For purposes of determining required lighting, landscaping, signage, setbacks, surfacing, number, and location of off-street and off-site parking and loading spaces, an adult-use cannabis cultivation center or medical use cannabis cultivation center, or combined center, shall be classified as "Manufacturing and industrial uses, ... " per Section 11-13-6-1 Schedule of Parking Requirements "Manufacturing and industrial uses, ... " per Section 11-13-6-1 Schedule of Parking Requirements, and as "Buildings containing manufacturing uses, ... " per Section 11-13-6-2, Schedule of Loading and Unloading Requirements, provided however, that the City may require that additional parking or loading spaces be provided resulting from the analysis completed through Section 11-9-3, Medical Use and Adult-Use Cannabis Facility Compliance Components, herein. Construction of and materials for all parking and loading spaces shall comply with Section 11-13-5.C.

      5.   Petitioner shall file an affidavit with the City affirming compliance with Chapter 9 as provided herein and all other requirements of the Adult-Use Act or Medical Use Act, as applicable. (Ord. 1802, 11-14-2023)

   A.   In those zoning districts in which a facility for an adult-use cannabis dispensing organization or medical use cannabis dispensing organization, or combined organization, may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand two hundred (1,200) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, school grounds, playground, recreation center or facility, childcare center, public park, public library, game arcade to which admission is not restricted to persons twenty-one (21) years of age or older, day care center, day care home, church, or church school. Adult learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within five hundred (500) feet of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Adult-Use Act or Medical Use Act, as applicable.

      4.   For purposes of determining required lighting, landscaping, signage, setbacks, surfacing, number, and location of off-street and off-site parking and loading spaces, an adult-use cannabis dispensing organization or medical use cannabis dispensing organization, or combined organization, shall be classified as "Establishments handling the sale or consumption of alcoholic beverages, food or refreshments" per Section 11-13-6-1 Schedule of Parking Requirements, and as "Buildings containing manufacturing uses, ... " per Section 11-13-6-2, Schedule of Loading and Unloading Requirements, provided however, that the City may require that additional or less parking or loading spaces be provided resulting from the analysis completed through Section 11-9-3, Medical Use and Adult-Use Cannabis Facility Compliance Components, herein. Construction of and materials for all parking and loading spaces shall comply with Section 11-13-5.C.

      5.   Petitioner shall file an affidavit with the City affirming compliance with Chapter 9 as provided herein and all other requirements of the Adult-Use Act or Medical Use Act, as applicable. (Ord. 1802, 11-14-2023)

   A.   In those zoning districts in which a facility for an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand two hundred (1,200) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, school grounds, playground, recreation center or facility, childcare center, public park, public library, game arcade to which admission is not restricted to persons twenty-one (21) years of age or older, day care center, day care home, church, or church school. Adult learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within five hundred (500) feet of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Adult-Use Act or Medical Use Act, as applicable.

      4.   For purposes of determining required lighting, landscaping, signage, setbacks, surfacing, number, and location of off-street and off-site parking and loading spaces, an Adult-Use Cannabis Infuser Organization shall be classified as ""Establishments handling the sale or consumption of alcoholic beverages, food or refreshments" per Section 11-13-6-1 Schedule of Parking Requirements, and as "Buildings containing manufacturing uses, ... " per Section 11-13-6-2, Schedule of Loading and Unloading Requirements, provided however, that the City may require that additional or less parking or loading spaces be provided resulting from the analysis completed through Section 11-9-3, Medical Use and Adult-Use Cannabis Facility Compliance Components, herein. Construction of and materials for all parking and loading spaces shall comply with Section 11-13-5.C.

      5.   Petitioner shall file an affidavit with the City affirming compliance with Chapter 9 as provided herein and all other requirements of the Adult-Use Act or Medical Use Act, as applicable. (Ord. 1802, 11-14-2023)

   A.   In those zoning districts in which a facility for an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand two hundred (1,200) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, school grounds, playground, recreation center or facility, childcare center, public park, public library, game arcade to which admission is not restricted to persons twenty-one (21) years of age or older, day care center, day care home, church, or church school. Adult learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within five hundred (500) feet of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Adult-Use Act or Medical Use Act, as applicable.

      4.   For purposes of determining required lighting, landscaping, signage, setbacks, surfacing, number, and location of off-street and off-site parking and loading spaces, an adult-use cannabis processing organization shall be classified as "Establishments handling the sale or consumption of alcoholic beverages, food or refreshments" per Section 11-13-6-1 Schedule of Parking Requirements, and as "Buildings containing manufacturing uses, ... " per Section 11-13-6-2, Schedule of Loading and Unloading Requirements, provided however, that the City may require that additional or less parking or loading spaces be provided resulting from the analysis completed through Section 11-9-3, Medical Use and Adult-Use Cannabis Facility Compliance Components, herein. Construction of and materials for all parking and loading spaces shall comply with Section 11-13-5.C.

      5.   Petitioner shall file an affidavit with the City affirming compliance with Chapter 9 as provided herein and all other requirements of the Adult-Use Act or Medical Use Act, as applicable. (Ord. 1802, 11-14-2023)

   A.   In those zoning districts in which a facility for an adult-use transporting organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand two hundred (1,200) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, school grounds, playground, recreation center or facility, childcare center, public park, public library, game arcade to which admission is not restricted to persons twenty-one (21) years of age or older, day care center, day care home, church, or church school. Adult learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within five hundred (500) feet of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Adult-Use Act or Medical Use Act, as applicable.

      4.   For purposes of determining required lighting, landscaping, signage, setbacks, surfacing, number, and location of off-street and off-site parking and loading spaces, adult-use cannabis transporting organization shall be classified as "Manufacturing and industrial uses, ... " per Section 11-13-6-1 Schedule of Parking Requirements, and as "Buildings containing manufacturing uses, ... " per Section 11-13-6-2, Schedule of Loading and Unloading Requirements, provided however, that the City may require that additional or less parking or loading spaces be provided resulting from the analysis completed through Section 11-9-3, Medical Use and Adult-Use Cannabis Facility Compliance Components, herein. Construction of and materials for all parking and loading spaces shall comply with Section 11-13-5.C.

      5.   Petitioner shall file an affidavit with the City affirming compliance with Chapter 9 as provided herein and all other requirements of the Adult-Use Act or Medical Use Act, as applicable. (Ord. 1802, 11-14-2023)

   A.   In those zoning districts in which a facility for a cannabis paraphernalia retail establishment may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within one thousand two hundred (1,200) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, school grounds, playground, recreation center or facility, childcare center, public park, public library, game arcade to which admission is not restricted to persons twenty-one (21) years of age or older, day care center, day care home, church, or church school. Adult learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located within five hundred (500) feet of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not conduct any sales or distribution of cannabis paraphernalia other than as authorized by this Section or the Adult-Use Act.

      4.   For purposes of determining required lighting, landscaping, signage, setbacks, surfacing, number, and location of off-street and off-site parking and loading spaces, a cannabis paraphernalia retail establishment shall provide one (1) off-street parking space per one hundred (100) square feet of floor area, as defined in Section 11-13-2, Definition, and one (1) loading space, provided however, that the City may require that additional or less parking or loading spaces be provided resulting from the analysis completed through Section 11-9-3, Medical Use and Adult-Use Cannabis Facility Compliance Components, herein. Construction of and materials for all parking and loading spaces shall comply with Section 11-13-5.C.

      5.   Petitioner shall file an affidavit with the City affirming compliance with Chapter 9 as provided herein and all other requirements of the Adult-Use Act. (Ord. 1802, 11-14-2023)

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 medical use and adult-use cannabis business establishments and cannabis paraphernalia retail establishments, as well as the environs. Said improvements shall be determined based on the specific characteristics of the floor plan for a medical use and/or an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Adult-Use Act or Medical Use Act, as applicable, or the floor plan of the cannabis paraphernalia retail establishment. (Ord. 1802, 11-14-2023)

   A.   No medical use or adult-use cannabis business establishment, or cannabis paraphernalia retail establishment, nor any other person or entity shall engage in advertising that contains any statement or illustration that:

      1.   Is false or misleading;

      2.   Promotes overconsumption of cannabis or cannabis products;

      3.   Depicts the actual consumption of cannabis or cannabis products;

      4.   Depicts a person under twenty-one (21) years of age consuming cannabis;

      5.   Makes any health, medicinal, or therapeutic claims about cannabis or cannabis-infused products;

      6.   Includes the image of a cannabis leaf, flower, or bud; or

      7.   Includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that is designed in any manner to be appealing to or encourage consumption by persons under twenty-one (21) years of age.

   B.   No medical use or adult-use cannabis business establishment, or cannabis paraphernalia retail establishment, nor any other person or entity shall place or maintain, or cause to be placed or maintained, an advertisement of cannabis or a cannabis-infused product in any form or through any medium:

      1.   Within one thousand two hundred (1,200) feet of the perimeter of school grounds, a playground, a recreation center or facility, a childcare center, a public park or public library, or a game arcade to which admission is not restricted to persons twenty-one (21) years of age or older;

      2.   On or in a public transit vehicle or public transit shelter;

      3.   On or in publicly owned or publicly operated property; or

      4.   That contains information that:

         a.   Is false or misleading;

         b.   Promotes excessive consumption of cannabis or cannabis products;

         c.   Depicts the actual consumption of cannabis or cannabis products;

         d.   Depicts a person under twenty-one (21) years of age consuming cannabis;

         e.   Includes the image of a cannabis leaf, flower, or bud; or

         f.   Includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that are popularly used to advertise to children, or any imitation of candy packaging or labeling, or that promotes consumption of cannabis.

   C.   Subsections (A) and (B) above do not apply to an educational message.

   D.   Sales promotions. No medical use or adult-use cannabis business establishment, or cannabis paraphernalia retail establishment, nor any other person or entity may encourage the sale of cannabis, cannabis products, or cannabis paraphernalia by giving away cannabis, cannabis products, or cannabis paraphernalia, by conducting games, competitions, lotteries, or drawings related to the sale, giving away of, or consumption of cannabis or cannabis products, or by providing promotional materials or activities about cannabis, cannabis products, or cannabis paraphernalia of a manner or type that would be appealing to children.

   E.   Penalty. A violation of this Section 11-9-12 shall be a Civil Case punishable as provided in Chapter 4 of the Jerseyville Code of Ordinances. (Ord. 1802, 11-14-2023)

   A.   The City may approve the co-location of medical use and adult-use cannabis dispensing organizations with an adult-use cannabis craft grower, an adult- use cannabis infuser organization, an adult-use processing organization, and an adult-use transporting organization, or any combination thereof, subject to the provisions of the Medical Use Act and Adult-Use Act and the Chapter 11 Special Use criteria.

   B.   Accessory Uses. The City may approve a cannabis paraphernalia retail establishment as an accessory use with any approved Medical Use and Adult-Use Cannabis Dispensing Organization facility, subject to the provisions of the Medical Use Act and Adult-Use Act, Title 11 Zoning, and the Chapter 11 Special Use criteria. (Ord. 1802, 11-14-2023)

Issuance of a special use permit for adult-use dispensing organization facilities shall not include authority for on-premises consumption of any cannabis products which is prohibited in the City. (Ord. 1802, 11-14-2023)

This Chapter 9 and all related code sections shall be applicable within the corporate limits of the city and within the recognized adjoining territory within one and one-half (1-½) miles from the city limits over which the City has previously adopted control and jurisdiction. (Ord. 1802, 11-14-2023)