This division 15.20 may be cited as the Normal Cannabis Retailer’s Occupation Tax Law.

1. It is the intent and purpose of this division to regulate the cultivation, processing, and dispensing of adult-use cannabis occurring within the corporate limits of the Town of Normal.
2. Any cannabis business facility must comply with all regulations provided in the State Cannabis Act and all relevant state and local regulations. If the State Cannabis Act is amended, the more restrictive of the state or local regulations will apply.

Cannabis business facilities requiring approval of a special use in the respective districts in which they are requested will be processed in accordance with division 15.10 (Special Uses) of this chapter and this division 15.20.

In determining compliance with division 15.10 of this chapter, the following components of the cannabis business facility will be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the property:

1. The impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.
2. The proposed structure in which the facility will be located, including co-tenancy (in a multi-tenant building), total square footage, security installation, security plan, and compliance with all relevant building and subdivision regulations.
3. The hours of operation and anticipated number of customers and employees.
4. Anticipated parking demand and available private parking supply.
5. Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.
6. The site design, including access points and internal site circulation.
7. The sign plan.
8. Compliance with all applicable requirements provided in sec. 15.20-25 (craft grower); sec. 15.20-30 (cultivation center); sec. 15.20-35 (dispenser); sec. 15.20-40 (infuser); sec. 15.20-45 (processor); or sec. 15.20-50 (transporter).
9. Other criteria determined to be necessary to assess compliance with division 15.10 (Special Uses) of this chapter.

In those zoning districts in which a craft grower may be located, the proposed facility must comply with all of the following:

1. The facility may not be located within 200 feet of the property line of a pre-existing church, school, or day-care center.
2. The facility may not be located in a dwelling unit or within 200 feet of the boundary of any parcel that is located within a zoning district that is zoned as R-1A or R-1B.
3. If the infuser is co-located with a dispenser under sec. 15.20-60, then the co-located facility may not be located within 1,500 feet of the property line of any cannabis business facility.
4. The facility may not be located in a mobile home park.
5. The facility may not conduct any sales or distribution of cannabis other than as authorized by the State Cannabis Act.
6. The petitioner must file an affidavit with the Town affirming compliance with this division 15.20 and all other requirements of the State Cannabis Act.

In those zoning districts in which a cultivation center may be located, the proposed facility must comply with all of the following:

1. The facility may not be located within 200 feet of the property line of a pre-existing church, school, or day-care center.
2. The facility may not be located in a dwelling unit or within 200 feet of the boundary of any parcel that is located within a zoning district that is zoned as R-1A or R-1B.
3. The facility may not conduct any sales or distribution of cannabis other than as authorized by the State Cannabis Act.
4. The petitioner must file an affidavit with the Town affirming compliance with this division 15.20 and all other requirements of the State Cannabis Act.

In those zoning districts in which a dispenser may be located, the proposed facility must comply with all of the following:

1. The facility may not be located within 200 feet of the property line of a pre-existing church, school, or day-care center. For a facility that operated as a dispensing organization under the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/), the distance requirements under this Item A are 75 feet.
2. The facility may not be located in a dwelling unit or within 200 feet of the boundary of any parcel that is located within a zoning district that is zoned as R-1A or R-1B.
3. The facility may not be located in the area bordered by Gregory Street on the north, Division Street on the south, University Street on the east and Kingsley or Madison Street on the west.
4. The facility may not be located in a mobile home park.
5. The facility may not be located within 1,500 feet of the property line of any cannabis business facility.
6. At least 75% of the floor area of any tenant space occupied by dispenser must be devoted to the activities of the dispenser, as authorized by the State Cannabis Act.
7. The facility may not conduct any sales or distribution of cannabis other than as authorized by the State Cannabis Act.
8. The petitioner must file an affidavit with the Town affirming compliance with this division 15.20 and all other requirements of the State Cannabis Act.

In those zoning districts in which an infuser may be located, the proposed facility must comply with the following:

1. The facility may not be located within 200 feet of the property line of a pre-existing church, school, or day-care center.
2. The facility may not be located in a dwelling unit or within 200 feet of the boundary of any parcel that is located within a zoning district that is zoned as R-1A or R-1B.
3. The facility may not be located in a mobile home park.
4. If the infuser is co-located with a dispenser under sec. 15.20-60, then the co-located facility may not be located within 1,500 feet of the property line of any cannabis business facility.
5. At least 75% of the floor area of any tenant space occupied by the infuser must be devoted to the activities of the infuser as authorized by the State Cannabis Act. The facility may not conduct any sales or distribution of cannabis other than as authorized by the State Cannabis Act.
6. The petitioner must file an affidavit with the Town affirming compliance with this division 15.20 and all other requirements of the State Cannabis Act.

In those zoning districts in which a processor may be located, the proposed facility must comply with the following:

1. The facility may not be located within 200 feet of the property line of a pre-existing church, school, or day-care center.
2. The facility may not be located in a dwelling unit or within 200 feet of the boundary of any parcel that is located within a zoning district that is zoned as R-1A or R-1B.
3. At least 75% of the floor area of any tenant space occupied by the processor must be devoted to the activities of the processor as authorized by the State Cannabis Act. The facility may not conduct any sales or distribution of cannabis other than as authorized by the State Cannabis Act.
4. The petitioner must file an affidavit with the Town affirming compliance with this division 15.20 and all other requirements of the State Cannabis Act.

In those zoning districts in which a transporter may be located, the proposed facility must comply with the following:

1. The facility may not be located within 200 feet of the property line of a pre-existing church, school, or day-care center.
2. The facility may not be located in a dwelling unit or within 200 feet of the boundary of any parcel that is located within a zoning district that is zoned as R-1A or R-1B.
3. The transporting organization must be the sole use of the tenant space in which it is located. The facility may not conduct any sales or distribution of cannabis other than as authorized by the State Cannabis Act.
4. The petitioner must file an affidavit with the Town affirming compliance with this division 15.20 and all other requirements of the State Cannabis Act.

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 cannabis business establishment, as well as its environs. The improvements will be determined based on the specific characteristics of the floor plan for the cannabis business establishment and the site on which it is located, consistent with the requirements of the State Cannabis Act.

The Town may approve the co-location of a dispenser with a craft grower or infuser, or both, subject to the provisions of the State Cannabis Act and the special-use criteria. In a co-location, the floor-space requirements of sec. 15.20-35 and sec. 15.20-40 do not apply, but the co-located establishments must be the sole use of the tenant space.

The on-premises consumption of cannabis in any cannabis business facility is prohibited.

Any distance limitation under this division 15.20 is measured from the outside perimeter of the cannabis business facility (although not necessarily the outside perimeter of the building in which the facility is located or the lot on which the building is placed) and the perimeter of the lot on which a church, school, day-care center, or residential property is located.

(Entire Section Amended 08/21/23 by Ord. No. 5952)