As used in this Chapter 17.64, the following terms shall have the following meanings:

"Act" means the Cannabis Regulation and Tax Act.

"Department" means the Illinois Department of Financial and Professional Regulation.

"Secretary" means the secretary of the Illinois Financial and Professional Regulation.

All other terms used in this chapter shall have the meaning proscribed by the Act.

(Ord. No. 2289, § 5.01, 9-9-2019)

Subject to the requirements of this chapter, dispensing organization shall be a special use only in an "E-2" commercial district. Dispensing organizations shall not be a special use in any other district.

(Ord. No. 2289, § 5.01, 9-9-2019)

An applicant seeking approval of a special use for a dispensing organization shall submit an application to the planning and zoning board of appeals. An applicant must meet the following requirements:

A.

Payment of a nonrefundable application fee of three hundred dollars ($300.00) for each special use for which the applicant is applying.

B.

Certification that the applicant will comply with the requirements contained in the Act.

C.

The legal name of the proposed dispensing organization.

D.

A statement that the dispensing organization agrees to respond to the planning and zoning board of appeals and the village board's supplemental requests for information.

E.

From each principal officer, a statement indicating whether that person:

1.

Has previously held or currently holds an ownership interest in a cannabis business establishment in Illinois; or

2.

Has held an ownership interest in a dispensing organization or its equivalent in another state or territory of the United States that had the dispensing organization registration or license suspended, revoked, placed on probationary status, or subjected to other disciplinary action.

F.

Disclosure of whether any principal officer has ever filed for bankruptcy or defaulted on a spousal support or child support obligation.

G.

A resume for each principal officer, including whether that person has an academic degree, certification, or relevant experience with a cannabis business establishment or in a related industry.

H.

A description of the training and education that will be provided to dispensing organization agents.

I.

A copy of the proposed operating bylaws.

J.

A copy of the proposed business plan that complies with the requirements in the Act, including, at a minimum, the following:

1.

A description of services to be offered; and

2.

A description of the process of dispensing cannabis.

K.

A copy of the proposed security plan that complies with the requirements in the Act, including:

1.

The process or controls that will be implemented to monitor the dispensary, secure the premises, agents, and currency, and prevent the diversion, theft, or loss of cannabis; and

2.

The process to ensure that access to the restricted access areas is restricted to, registered agents, service professionals, transporting organization agents, department inspectors, and security personnel.

L.

A proposed inventory control plan that complies with the Act.

M.

A proposed floor plan, a square footage estimate, and a description of proposed security devices, including, without limitation, cameras, motion detectors, servers, video storage capabilities, and alarm service providers.

N.

The name, address, social security number, and date of birth of each principal officer and board member of the dispensing organization; each of those individuals shall be at least twenty-one (21) years of age.

O.

Evidence of the applicant's status as a social equity applicant, if applicable, and whether a social equity applicant plans to apply for a loan or grant issued by the department of commerce and economic opportunity.

P.

The address, telephone number, and email address of the applicant's principal place of business, if applicable. A post office box is not permitted.

Q.

Written summaries of any information regarding instances in which a business or not-for-profit that a prospective board member previously managed or served on were fined or censured, or any instances in which a business or not-for-profit that a prospective board member previously managed or served on had its registration suspended or revoked in any administrative or judicial proceeding.

R.

A plan for community engagement.

S.

Procedures to ensure accurate recordkeeping and security measures that are in accordance with the Act and department rules.

T.

The estimated volume of cannabis it plans to store at the dispensary.

U.

A description of the features that will provide accessibility to purchasers as required by the Americans with Disabilities Act.

V.

A detailed description of air treatment systems that will be installed to reduce odors.

W.

A reasonable assurance that the issuance of a license will not have a detrimental impact on the community in which the applicant wishes to locate.

X.

The dated signature of each principal officer.

Y.

A description of the enclosed, locked facility where cannabis will be stored by the dispensing organization.

Z.

Signed statements from each dispensing organization agent stating that he or she will not divert cannabis.

AA.

The number of licenses it is applying for in each BLS region.

BB.

A diversity plan that includes a narrative of at least two thousand five hundred (2,500) words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity.

CC.

A contract with a private security contractor that is licensed under Section 10-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 in order for the dispensary to have adequate security at its facility.

DD.

Other information deemed necessary by the Illinois Cannabis Regulation Oversight Officer to conduct the disparity and availability study referenced in subsection (e) of Section 5-45 of the Act.

(Ord. No. 2289, § 5.01, 9-9-2019)

No dispensary organization shall be located:

A.

Within one thousand (1,000) feet of the property boundary of any school, playground, recreation center or facility, child care center, public park, public library, or a game arcade center in which admission is not restricted to persons twenty-one (21) years of age or older.

B.

Within one thousand five hundred (1,500) feet of the property boundary of any other dispensary organization.

(Ord. No. 2289, § 5.01, 9-9-2019)

A.

A dispensing organization shall post the following information in a conspicuous location in an area of the dispensary accessible to consumers:

1.

The dispensing organization's license.

2.

The hours of operation.

B.

Signage that shall be posted inside the premises.

1.

All dispensing organizations must display a placard that states the following: "Cannabis consumption can impair cognition and driving, is for adult use only, may be habit forming, and should not be used by pregnant or breastfeeding women."

2.

Any dispensing organization that sells edible cannabis-infused products must display a placard that states the following:

a.

"Edible cannabis-infused products were produced in a kitchen that may also process common food allergens;" and

b.

"The effects of cannabis products can vary from person to person, and it can take as long as two hours to feel the effects of some cannabis-infused products. Carefully review the portion size information and warnings contained on the product packaging before consuming."

3.

All of the required signage in this subsection (B) shall be no smaller than twenty-four (24) inches tall by thirty-six (36) inches wide, with typed letters no smaller than two inches. The signage shall be clearly visible and readable by customers. The signage shall be placed in the area where cannabis and cannabis-infused products are sold and may be translated into additional languages as needed. The department may require a dispensary to display the required signage in a different language, other than English, if the secretary deems it necessary.

C.

A dispensing organization shall prominently post notices inside the dispensing organization that state activities that are strictly prohibited and punishable by law, including, but not limited to:

1.

No minors permitted on the premises unless the minor is a minor qualifying patient under the Compassionate Use of Medical Cannabis Pilot Program Act.

2.

Distribution to persons under the age of twenty-one (21) is prohibited.

3.

Transportation of cannabis or cannabis products across state lines is prohibited.

D.

Signage or advertisements may not contain 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 or bud.

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 of persons under twenty-one (21) years of age.

(Ord. No. 2289, § 5.01, 9-9-2019)

A dispensing organization shall implement security measures to protect the premises, purchasers, and dispensing organization agents including, but not limited to the following:

A.

Establish a locked door or barrier between the facility's entrance and the limited access area.

B.

Prevent individuals from remaining on the premises if they are not engaging in activity permitted by the Act or rules.

C.

Develop a policy that addresses the maximum capacity and purchaser flow in the waiting rooms and limited access areas.

D.

Dispose of cannabis in accordance with the Act and rules.

E.

During hours of operation, store and dispense all cannabis from the restricted access area. During operational hours, cannabis shall be stored in an enclosed locked room or cabinet and accessible only to specifically authorized dispensing organization agents.

F.

When the dispensary is closed, store all cannabis and currency in a reinforced vault room in the restricted access area and in a manner as to prevent diversion, theft, or loss.

G.

Keep the reinforced vault room and any other equipment or cannabis storage areas securely locked and protected from unauthorized entry.

H.

Keep an electronic daily log of dispensing organization agents with access to the reinforced vault room and knowledge of the access code or combination.

I.

Keep all locks and security equipment in good working order.

J.

Maintain an operational security and alarm system at all times.

K.

Prohibit keys, if applicable, from being left in the locks, or stored or placed in a location accessible to persons other than specifically authorized personnel.

L.

Prohibit accessibility of security measures, including combination numbers, passwords, or electronic or biometric security systems to persons other than specifically authorized dispensing organization agents.

M.

Ensure that the dispensary interior and exterior premises are sufficiently lit to facilitate surveillance.

N.

Ensure that trees, bushes, and other foliage outside of the dispensary premises do not allow for a person or persons to conceal themselves from sight.

O.

Develop emergency policies and procedures for securing all product and currency following any instance of diversion, theft, or loss of cannabis, and conduct an assessment to determine whether additional safeguards are necessary.

P.

Develop sufficient additional safeguards in response to any special security concerns, or as required by the department.

(Ord. No. 2289, § 5.01, 9-9-2019)

A dispensing organization may only operate between 6:00 a.m. and 10:00 p.m. local time.

(Ord. No. 2289, § 5.01, 9-9-2019)

Dispensing organizations may not operate drive-through windows.

(Ord. No. 2289, § 5.01, 9-9-2019)