(A)

Purpose. It is the purpose of this section to provide reasonable regulations regarding the location of licensed Adult-Use Cannabis Dispensaries occurring within the corporate limits of the city; to ensure that licensed Adult-Use Cannabis Dispensaries located within the corporate limits of the City of Oakbrook Terrace comply with the Cannabis Regulation and Tax Act (Public Act 101-0027) and the regulations promulgated thereunder, as may be amended from time to time; to provide in a reasonable manner for the impact and compatibility of licensed Adult-Use Cannabis Dispensaries with the existing and anticipated future uses of land within the city in order to promote, preserve and facilitate compatible uses in the various zoning districts; and to further promote the public health, safety and welfare of the citizens of the City of Oakbrook Terrace.

(B)

Locational restrictions. Adult-Use Cannabis Dispensing Organizations shall be permitted only in the Adult-Use Cannabis Dispensary Overlay District. The Adult-Use Cannabis Dispensary Overlay District shall be that portion of the City's B-l Professional Office Zoning District and B-3 General Retail Zoning District described as follows:

THAT PART OF THE SOUTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 39 NORTH, RANGE 11 AND THAT PART OF THE NORTH HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 11 AND THAT PART OF THE NORTH HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPLE MERIDIAN BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF ARDMORE AVENUE, HAVING A RIGHT-OF-WAY WIDTH OF 100 FEET AND THE SOUTH RIGHT-OF-WAY LINE OF ROOSEVELT ROAD, HAVING A RIGHT-OF-WAY WIDTH OF 100 FEET; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE 485 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF LOT 1 IN OAKBROOK SQUARE ASSESSMENT PLAT, SAID ASSESSMENT PLAT BEING THE EAST 800.0 FEET OF THE NORTH 797.82 FEET (EXCEPT THE EAST 225.0 FEET OF THE NORTH 225.0 FEET THEREOF AND EXCEPT THE EAST 50.0 FEET THEREOF, ALSO EXCEPT THE NORTH 50.0 THEREOF) OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPLE MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 21, 1973 AS DOCUMENT R1973-009611; THENCE CONTINUING EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND THE NORTHERLY LINE OF SAID OAKBROOK SQUARE ASSESSMENT PLAT, 575 FEET TO THE MOST NORTHERLY NORTHEAST CORNER OF LOT 3 IN SAID OAKBROOK SQUARE ASSESSMENT PLAT; THENCE CONTINUING EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE 164 FEET, MORE OR LESS, TO THE INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE OF ROOSEVELT ROAD WITH THE WESTERLY RIGHT-OF-WAY LINE OF SUMMIT AVENUE (RIGHT-OF-WAY WIDTH VARIES); THENCE CONTINUING EAST (CROSSING SAID SUMMIT AVENUE) ALONG THE EASTERLY EXTENSION OF SAID SOUTH RIGHT-OF-WAY LINE TO THE MOST NORTHERLY NORTHWEST CORNER OF LOT 8 IN BLOCK 2 IN A.T. MCINTOSH AND COMPANY'S WESTLANDS UNIT NO. 3, BEING A SUBDIVISION IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPLE MERIDIAN, ALSO THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 22 LYING NORTH OF THE CENTERLINE OF BUTTERFIELD ROAD, ACCORDING TO THE PLAT THEREOF RECORDED MAY 18, 1953 AS DOCUMENT R1953-682585, SAID CORNER ALSO BEING COINCIDENT WITH THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF SAID ROOSEVELT ROAD WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID SUMMIT AVENUE; THENCE CONTINUING EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE 129 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF LOT 1 IN BRETSNYDER'S ASSESSMENT PLAT, BEING A SUBDIVISION OF LOTS 1 TO 7, BOTH INCLUSIVE, AND THE EAST 150.0 FEET OF LOT 8 ALL IN BLOCK 2 IN SAID A.T. MCINTOSH AND COMPANY'S WESTLANDS UNIT NO. 3, SAID BRETSNYDER'S ASSESSMENT PLAT RECORDED SEPTEMBER 10, 1975 AS DOCUMENT R1975-048120; THENCE CONTINUING EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND THE NORTHERLY LINE OF LOTS 1 THRU 4, BOTH INCLUSIVE, IN SAID BRETSNYDER'S ASSESSMENT PLAT, 430 FEET, MORE OR LESS, TO THE MOST NORTHERLY NORTHEAST CORNER OF LOT 4 IN SAID BRETSNYDER'S ASSESSMENT PLAT, SAID CORNER ALSO BEING COINCIDENT WITH THE INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE WITH THE WESTERLY RIGHT-OF-WAY LINE OF EUCLID AVENUE, HAVING A RIGHT-OF-WAY WIDTH OF 66 FEET; THENCE CONTINUING EAST (PARTIALLY CROSSING EUCLID AVENUE) ALONG THE EASTERLY EXTENSION OF SAID SOUTH RIGHT-OF-WAY LINE OF ROOSEVELT ROAD, TO THE INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WEST LINE OF LOT 22 IN RIORDON'S SUBDIVISION, BEING A SUBDIVISION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPLE MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED MAY 16, 1945 AS DOCUMENT R1945-477866, SAID WEST LINE BEING COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF SAID EUCLID AVENUE; THENCE NORTH (CROSSING SAID ROOSEVELT ROAD) ALONG SAID SOUTHERLY EXTENSION, 100 FEET TO THE SOUTHWEST CORNER OF SAID LOT 22; THENCE CONTINUING NORTH ALONG SAID WEST LINE OF SAID LOT 22, 200 FEET TO THE NORTHWEST CORNER THEREOF; THENCE EAST ALONG THE NORTH LINE OF LOTS 19-22, BOTH INCLUSIVE, IN SAID RIORDON'S SUBDIVISION 401 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT 19; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 19, 200 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE CONTINUING SOUTH (CROSSING SAID ROOSEVELT ROAD) ALONG THE SOUTHERLY EXTENSION OF SAID EAST LINE, 100 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE SAID ROOSEVELT ROAD, SAD SOUTH RIGHT-OF-WAY LINE BEING COINCIDENT WITH THE NORTH LINE OF BLOCK 1 IN SAID A.T. MCINTOSH AND COMPANY'S WESTLANDS UNIT NO. 3; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE 240 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF LOT 1 IN SAID A.T. MCINTOSH AND COMPANY'S WESTLANDS UNIT NO. 3; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 1, 150 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE WEST ALONG THE SOUTH LINE OF LOTS 1-6, BOTH INCLUSIVE, ALSO BEING COINCIDENT WITH THE NORTH LINE OF LOTS 7-12, BOTH INCLUSIVE, IN SAID BLOCK 1,500 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6, ALSO BEING COINCIDENT WITH THE NORTHWEST CORNER OF SAID LOT 7, SAID CORNER ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF SAID EUCLID AVENUE; THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 385.0 FEET, A DISTANCE OF 152 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT 7; THENCE WEST 66 FEET (CROSSING SAID EUCLID AVENUE) ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 7, SAID SOUTH LINE BEING COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF SUNSHINE DRIVE, HAVING A RIGHT-OF-WAY WIDTH OF 66 FEET, TO THE SOUTHEAST CORNER OF LOT 5 IN SAID BRETSNYDER'S ASSESSMENT PLAT; THENCE CONTINUING WEST ALONG THE SOUTH LINE OF LOTS 1, 2 AND 5 IN SAID BRETSNYDER'S ASSESSMENT PLAT 516 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT 1, SAID POINT BEING COINCIDENT WITH THE NORTHEAST CORNER OF LOT 32 IN SAID BLOCK 2 IN SAID A.T. MCINTOSH AND COMPANY'S WESTLANDS UNIT NO. 3; THENCE SOUTH ALONG THE EAST LINE OF LOTS 24-32, BOTH INCLUSIVE, SAID LINE ALSO BEING COINCIDENT WITH THE WEST LINE OF LOTS 9-17, BOTH INCLUSIVE, IN SAID BLOCK 2, 900 FEET TO THE SOUTHEAST CORNER OF SAID LOT 24; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 24, 150 FEET TO THE SOUTHWEST CORNER THEREOF, SAID CORNER BEING COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF SAID SUMMIT AVENUE; THENCE CONTINUING WEST (CROSSING SAID SUMMIT AVENUE) ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 24, 80 FEET, TO THE SOUTHEAST CORNER OF LOT 1 IN YORK PLAZA, BEING A SUBDIVISION IN PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 11 OF THE THIRD PRINCIPLE MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 4, 1968 AS DOCUMENT R1968-051411; THENCE CONTINUING WEST ALONG THE SOUTH LINE OF SAID LOT 1, 314 FEET TO THE SOUTHWEST CORNER THEREOF, SAID LINE BEING COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF 14 TH STREET, HAVING A RIGHT-OF-WAY WIDTH OF 66 FEET; THENCE NORTH ALONG THE WEST LINE OF LOTS 1-3, BOTH INCLUSIVE, IN SAID YORK PLAZA 466 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF LOT 3, SAID CORNER BEING COINCIDENT WITH THE SOUTH LINE OF LOT 3 IN OAKBROOK SQUARE ASSESSMENT PLAT ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 21, 1973 AS DOCUMENT R1973-009611; THENCE WEST ALONG THE SAID SOUTH LINE OF LOTS 2 AND 3 IN SAID OAKBROOK SQUARE ASSESSMENT PLAT 446 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2, SAID CORNER BEING COINCIDENT WITH THE NORTH LINE OF LOT 1 IN DANBY SUBDIVISION, BEING A SUBDIVISION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 11 OF THE THIRD PRINCIPLE MERIDIAN, EXCEPTING THEREFROM THE NORTH 797.82 FEET AND EXCEPTING THE EAST 400 FEET, ALSO PART OF THE EAST THREE-QUARTERS (EXCEPT THE NORTH 797.82 FEET AND EXCEPT THE SOUTH 700 FEET) OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 39 NORTH, RANGE 11 OF THE THIRD PRINCIPLE MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 29, 1964 AS DOCUMENT R1964-027244; THENCE CONTINUING WEST ALONG SAID NORTH LINE 485 FEET, MORE OR LESS, TO THE EAST RIGHT-OF-WAY LINE OF ARDMORE AVENUE, HAVING A RIGHT-OF-WAY WIDTH OF 100 FEET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE 747 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ALL IN DUPAGE COUNTY, ILLINOIS.

(C)

Special use only. No person shall maintain, operate, or conduct any business, or engage in any business or activity as an Adult-Use Cannabis Dispensary, whether through such person or through an agent, manager, employee or partner, at a location within the city without obtaining an Adult-Use Cannabis Dispensary location special use permit for such location as required under the provisions of this section. An Adult-Use Cannabis Dispensary shall be allowed only as a special use and only if located within in the Adult-Use Cannabis Dispensary Overlay District.

(D)

Regulations supplement other regulations. The regulations of the Adult-Use Cannabis Dispensary Overlay District shall supplement and are in addition to the regulations of the B-l Professional Office Zoning District and B-3 General Retail Zoning District. In case of conflict between the regulations of the B-l Professional Office Zoning District or the B-3 General Retail Zoning District and the regulations of the Adult-Use Cannabis Dispensary Overlay District, the regulations of the Adult-Use Cannabis Dispensary Overlay District shall prevail.

(E)

Number. The number of Adult-Use Cannabis Dispensaries permitted as a special use within the Adult-Use Cannabis Dispensary Overlay District shall be one (1).

(F)

Adult-Use Cannabis Dispensaries. In determining the compliance of a proposed Adult Use Cannabis Dispensary with § 156.024(C), the following components of the Adult-Use Cannabis Dispensary shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of properties in the vicinity of the proposed use:

(1)

Impact of the proposed Adult-Use Cannabis Dispensary on existing or planned uses located within the vicinity of the subject property including, but not limited to, locations which the City deems sensitive;

(2)

Proposed structure in which the Adult-Use Cannabis Dispensary will be located, total square footage, security installations/security plan and building code compliance. Adult-use cannabis dispensaries shall not be located in multi-tenant or multi-use structures and shall only be located in free-standing, detached structures;

(3)

Anticipated number of customers/employees;

(4)

Anticipated parking demand based on §§ 156.100 through 156.104, inclusive, and available private parking supply. For purposes of determining required parking, the Adult-Use Cannabis Dispensary shall be classified as an "adult-use" per § 156.102(E) (Schedule of Parking Requirements: Business, commercial and service uses) of this Code, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through § 156.024(C) (Special Uses) herein;

(5)

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

(6)

Site design, including access points and internal site circulation;

(7)

Proposed signage plan;

(8)

Compliance with all applicable requirements provided in subsection (G) below;

(9)

The issuance or absence of issuance of a valid registration as an Adult Use Cannabis Dispensary by the Illinois Department of Financial and Professional Regulation to the proposed Adult-Use Cannabis Dispensary;

(10)

The existing number of Adult-Use Cannabis Dispensaries, if any, located within the dispensing organization district within which the city is located as established by the regulations of the Illinois Department of Financial and Professional Regulation;

(11)

The existing number of Adult-Use Cannabis Dispensaries, if any, located within the city's Adult-Use Cannabis Dispensary Overlay District;

(12)

The Adult-Use Cannabis Dispensary shall be designed to minimize its visual obtrusiveness using materials, architectural features and building design components of similar material, color and texture as the neighboring buildings or structures in the general vicinity of the Adult-Use Cannabis Dispensary.

(13)

Compliance by the Adult-Use Cannabis Dispensary with the following Adult-Use Cannabis Dispensary restrictions:

(G)

Adult-Use Cannabis Dispensary restrictions.

(1)

Compliance with state law and regulations. Adult-Use Cannabis Dispensaries shall comply with the requirements of the Cannabis Regulation and Tax Act (Public Act 101-0027) and all regulations promulgated thereunder, as may be amended from time to time.

(2)

Minimum distance from incompatible uses. No Adult-Use Cannabis Dispensary shall be located, established, maintained, or operated in a house, apartment or condominium, or an area zoned for residential use, or on any lot that has a property line within 1,500 feet of the property line of an existing Adult-Use Cannabis Dispensing Organization.

(3)

Medical Cannabis Dispensing Organization secondary site location restrictions. If a Medical Cannabis Dispensing Organization holding a valid registration under the Compassionate Use of Medical Cannabis Pilot Program Act is the entity seeking approval for a secondary site to be used as an Adult-Use Cannabis Dispensary, it shall not be located, established, maintained, or operated on any lot that has a property line within 1,500 feet of the property line of any of the following uses:

(a)

Another Medical Cannabis Dispensing Organization; or

(b)

An Adult-Use Cannabis Dispensing Organization.

(4)

Measurement. For the purposes of this section, distances shall be measured linearly in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the Medical Cannabis Dispensary is located to the nearest point on a property line of a use listed in subsections (2) or (3) of the Adult-Use Cannabis Dispensary restrictions.

(5)

Hours of operation. Adult-Use Cannabis Dispensaries shall only operate Monday through Sunday between the hours of 6:00 a.m. and 10:00 p.m.

(6)

Drive-through windows. Adult-Use Cannabis Dispensaries shall not dispense medical cannabis or other products through a drive-through window.

(7)

Dispensing activities. At least seventy-five percent (75%) of the floor area of any space occupied by an Adult-Use Cannabis Dispensing Organization shall be devoted to the activities of the dispensing organization as authorized by the Cannabis Regulation and Tax Act (Public Act 101-0027).

(8)

On-Site Consumption. No person shall permit the smoking or consumption of cannabis on the premises of an Adult-Use Cannabis Dispensary without an on-site consumption permit issued by the city. An Adult-Use Cannabis Dispensing Organization that permits the smoking or consumption of cannabis on the premises shall apply for and obtain an on-site consumption permit from the city. An onsite consumption permit may be issued at the discretion of the City Administrator to an Adult-Use Cannabis Dispensary organization licensed by the state and in good standing with the city based on and taking into consideration the operating history, if any, and business practices of the applicant and any other factors which the City Administrator deems necessary to promote the peace, order and welfare of the public. An application for an onsite consumption permit may be denied for failure to meet requirements of this chapter or any other provision of the city's code or any applicable building or fire code, and/or any violation of state or local law relevant to the operation of the Adult-Use Cannabis Dispensary. The City Administrator shall establish conditions of approval for each onsite consumption permit, including, but not limited to, a parking plan, ventilation plan and an impaired customer transportation plan. No property interest, vested right, or entitlement to receive a future permit to operate an on-site cannabis consumption area shall ever inure to the benefit of the permit holder. On-site cannabis consumption permits are revocable at any time with or without cause by the City Administrator.

(9)

Odor control and mitigation plan. Each applicant for a permit to operate an on-site cannabis consumption area in the city that pen-nits smoking or vaping of cannabis shall submit and file with his/her/its initial application for that permit an odor control and mitigation plan. That plan shall provide a sufficient odor absorbing ventilation and exhaust system so that the distinctive odor generated inside the on-site cannabis consumption area is not detected outside the on-site cannabis consumption area, outside of the Adult-Use Cannabis Dispensary, anywhere on the adjacent property, from any public right-of-way, on or about any exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or in any other area available for common use by the public. Each odor control and mitigation plan shall be certified by a qualified licensed professional engineer, and include the following:

(a)

Operational processes and maintenance plan, including activities undertaken to ensure the odor mitigation system remains functional;

(b)

Staff training procedures; and

(c)

Engineering control, which may include carbon filtration or other methods of air cleansing, and evidence that such controls are sufficient to effectively mitigate odors from all odor sources.

In addition, the odor control and mitigation plan shall be consistent with accepted and best available industry-specific technologies designed to effectively mitigate odors from all odor sources. Any failure to submit the odor control and mitigation plan for an on-site cannabis consumption area in compliance with this section will result in denial, revocation or suspension of the on-site cannabis consumption permit.

(10)

Food and alcoholic beverage sales prohibited. An Adult-Use Cannabis Dispensing Organization shall not sell food or alcoholic beverages for consumption on the premises.

(11)

Other sales prohibited. An Adult-Use Cannabis Dispensing Organization shall not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (Public Act 101-0027) or, if so licensed, under the Compassionate Use of Medical Cannabis Pilot Program Act.

(12)

License required. An Adult-Use Cannabis Dispensing Organization shall not sell or otherwise distribute or dispense cannabis from a location in the city unless it has been issued and holds a valid Adult-Use Cannabis Dispensary location license from the city.

(13)

Fence. The Adult-Use Cannabis Dispensing Organization shall comply with the fence requirements imposed by § 156.039(B).

(14)

Signage. The Adult-Use Cannabis Dispensing Organization shall comply with the sign requirements imposed by § 156.043. Additionally, no electronic digital display sign or electronic message center sign shall be permitted on the premises of an Adult-Use Cannabis Dispensing Organization.

(15)

Inventory Control. The Adult-Use Cannabis Dispensing Organization shall keep its entire inventory of cannabis and Cannabis-Infused Products in an enclosed, secure area out of the sight of persons located outside of the Adult-Use Cannabis Dispensing Organization.

(H)

The Petitioner shall file an affidavit with the City affirming compliance with § 156.092 as provided herein and all other requirements of the Cannabis Regulation and Tax Act (Public Act 101-0027).

(Ord. 19-53, passed 11-12-19)

(A)

An on-site cannabis consumption area permit issued by the city authorizes patrons within the cannabis consumption area to engage in the following cannabis consumption methods:

(1)

Consumption of cannabis by smoking, vaping, and ingestion; or

(2)

Consumption of cannabis by ingestion only.

All on-site cannabis consumption areas in the city shall operate in conformance with the following operating requirements:

(B)

Location and design. The on-site cannabis consumption area shall comply with the following:

(1)

The space devoted to cannabis consumption shall be located in the same premises as an Adult-Use Cannabis Dispensary and enclosed within the Adult-Use Cannabis Dispensary's building.

(2)

The space devoted to cannabis consumption shall not exceed fifty percent of the total floor area of the Adult-Use Cannabis Dispensary retail space, but in no case more than 1,500 square feet.

(3)

The space devoted to cannabis consumption shall be private areas that are partitioned off from access to all other areas of the Adult-Use Cannabis Dispensary and separated from the rest of the facility with a security door with access, other than alarm controlled emergency only exit(s), only from inside the facility. No on-site cannabis consumption area shall be open to the outside.

(4)

The cannabis consumption areas shall not be visible to the public or by any persons under twenty-one years of age. No consumption of cannabis shall be permitted outside of the on-site cannabis consumption area. Workers must be able to observe the consumption area at all times and do so from a place that is smoke free.

(5)

The space devoted to cannabis consumption shall be well-ventilated and designed to prevent the flow of smoke to any other area of the Adult-Use Cannabis Dispensary.

(6)

An odor-absorbing ventilation and exhaust system must be installed so that odor generated inside the business is not detected outside the property or lease area boundaries, or anywhere on adjacent property or public rights-of-way, or within any other area located within the same building as the cannabis consumption area.

(7)

The structure housing the cannabis consumption area shall be adequately soundproofed so that interior and exterior noise is not audible beyond the property line.

(C)

Security. The security provided for the on-site consumption area shall comply with the following minimum standards:

(1)

Adequate security and on-site lighting shall be provided to ensure the safety of persons and protect the premises from theft at all times in conformance with the security plan submitted with the permit application.

(2)

All private security contractors employed to provide security shall be licensed under Section 10-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

(3)

A dispensing organization agent in charge shall be present on the premises to act as manager and supervise employees at all times during business hours.

(4)

A neighborhood security guard patrol for a two-block radius surrounding the Adult-Use Cannabis Dispensary shall be provided during all hours of operation.

(5)

The Adult-Use Cannabis Dispensary shall provide the city's police department with the name and telephone number of the dispensing organization agent in charge to notify if there are operational problems with the establishment.

(6)

When requested by the city, a dispensing organization agent of the Adult-Use Cannabis Dispensing Organization shall attend all meetings called by the city to review public safety issues associated with the operations of the on-site cannabis consumption area.

(7)

Encourage responsible conduct of patrons by:

(a)

Cutting off service to impaired patrons and providing information on safe transportation options and car services.

(b)

Making an announcement at closing requesting patrons to respect the residents of the adjacent residential neighborhoods by being quiet when leaving;

(c)

Posting signs at locations clearly visible within the cannabis consumption area and at both on- and off-site parking areas, requesting patrons to respect residents of adjacent residential neighborhoods by being quiet when leaving and reminding patrons of the existence of parking restrictions within the neighborhoods adjacent to the consumption area.

(D)

Restriction of on-site sales and consumption. Sales and consumption in the onsite consumption area shall comply with the following minimum standards:

(1)

There shall be no on-site sales or consumption of alcoholic beverages or tobacco allowed on the permitted premises. There shall be no on-site consumption of alcohol beverages or tobacco products by patrons or employees of the Adult-Use Cannabis Dispensary. There shall be no on-site consumption of cannabis or Cannabis-Infused Products by employees of the Adult-Use Cannabis Dispensary while they are on duty. The on-site sale of food and food items infused with cannabis is permitted.

(2)

The Adult-Use Cannabis Dispensary shall only provide cannabis to an individual in an amount reasonable for on-site consumption and consistent with personal possession and use limits allowed by the state.

(3)

The Adult-Use Cannabis Dispensary shall not permit any person to consume an intoxicating drug or beverage in combination with cannabis while on the premises of the on-site consumption area;

(4)

The Adult-Use Cannabis Dispensary shall not permit any intoxicated person consume cannabis or any other intoxicating drug or beverage on the premises;

(5)

Only cannabis sold from the on-site Adult-Use Cannabis Dispensary may be consumed on the premises. Customers shall not be permitted to consume cannabis, food or beverages brought in from outside of the premises.

(E)

Employee Training and Customer Education. The cannabis dispensing organization shall:

(1)

Train its employees about the various products the cannabis consumption area sells, including potency of the products, absorption time, and effects of the products; and

(2)

Require its employees to educate all customers as to the various products the cannabis consumption area sells in an effort to ensure responsible consumption.

(F)

Hours of operation. Hours of operation shall be limited to Monday through Sunday, 6:00 a.m. to 10:00 p.m. or as further limited by state law.

(G)

Prohibited entry.

(1)

No one under twenty-one years of age is allowed in the cannabis consumption area.

(2)

A sign posted in a conspicuous location readily visible to persons entering the premises shall state that entry into the Adult-Use Cannabis Dispensary on-site consumption area by persons under the age of twenty-one is prohibited.

(H)

Consumption method. Depending on the type of on-site cannabis consumption areas permit issued by the city, the cannabis consumption area shall be limited to one of the following cannabis consumption methods:

(1)

Consumption of cannabis by smoking, vaping, and ingestion; or

(2)

Consumption by ingestion only.

(I)

Insurance. The adult-use dispensing organization shall obtain and during the term of the on-site cannabis consumption permit, keep in force commercial general liability insurance coverage written in the occurrence form with a general aggregate limit of:

(1)

$2,000,000 bodily injury per person;

(2)

$4,000,000 bodily injury aggregate limit;

(3)

$2,000,000 property damage per occurrence; and

(4)

$4,000,000 property damage aggregate limit; or

(5)

In the alternative, $5,000,000 combined, single-limit coverage for bodily injury and property damage per occurrence.

(J)

The coverage shall provide by its provisions or by an endorsement coverage for liability for bodily injury or property damage arising from the over-consumption of cannabis or Cannabis-Infused Products consumed on the premises of the Adult-Use Cannabis Dispensing Organization.

(K)

The Adult-Use Cannabis Dispensing Organization shall file with the city evidence of complete coverage of all insurance required bearing the original signature of the insurance company's agent authorized by that insurer to bind coverage on its behalf. Acceptable evidence of insurance is (electronic copies will be accepted) as follows:

(1)

A binder or certificate of insurance with original endorsements affecting coverage; or

(2)

The complete insurance policy with original endorsements affecting coverage.

(L)

The certificate of insurance and endorsements shall be on forms acceptable to the city and are to be received and approved by the city before the on-site cannabis consumption permit is issued. The on-site cannabis consumption permit will not be issued by the city until acceptable evidence of insurance coverage is on file with the city. The city reserves the right to request full, certified copies of the insurance policies. If requested, the adult-use dispensing organization shall promptly furnish the city with the full, certified copies of the insurance policies and endorsements requested. In no event shall any failure of the city to receive policies or certificates or to demand receipt be construed as a waiver of the adult use dispensing organization's obligation to obtain and keep in force the required insurance.

(M)

The insurance carriers providing the required insurance coverage shall have a minimum insurance rating of A and a financial rating of VII according to the Best's Key Rating Guide, shall be duly licensed to do business in the State of Illinois by the Illinois Department of Insurance, and shall not have an unacceptable record of improper conduct or financial problems with the Illinois Department of Insurance.

(N)

The Adult-Use Cannabis Dispensing Organization shall have the duty to confirm that the terms of all insurance comply with the above insurance requirements.

(Ord. 19-53, passed 11-12-19)