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Round Lake Beach City Zoning Code

ARTICLE XX

CANNABIS BUSINESS ESTABLISHMENTS2


Footnotes:
--- (2) ---

Editor's note—Ord. No. 19-12-02, adopted Dec. 16, 2019, repealed the former Art. XX, §§ 2000.0—2014.0, and enacted a new Art. XX as set out herein. The former Art. XX pertained to medical cannabis facilities and derived from Ord. No. 14-06-02, adopted June 9, 2014.


Sec. 2000.0.- Cannabis business establishments.

All cannabis business establishments must comply with the requirements of this article.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2001.0. - Application requirements.

In addition to the application requirements in Section 309.2 of this ordinance, all cannabis business establishments must submit the following with each special use permit application:

A.

A complete copy of all applications and plans submitted for all required state licenses;

B.

Such other plans and documents the code official deems necessary to evaluate the cannabis business establishment's compliance with state and local laws, including, but not limited to, a plat of survey, site plan, engineering plan, architectural plans and elevations, building material samples, lighting plan, signage plan, business and operational plan, security plan, traffic impact and parking analysis statement, and a cannabis waste disposal plan; and

C.

An agreement for the applicant to reimburse the village for its staff, legal, engineering, and other reasonable costs incurred reviewing the application.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2002.0. - Cannabis business establishment conditions.

In addition to any special use permit conditions or restrictions established by the village board under Section 309.7 of this ordinance, cannabis business establishments must comply with the conditions provided in this section.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2002.1. - Compliance with laws.

All cannabis business establishments must comply all applicable state and local laws, including the Cannabis Regulation and Tax Act, as amended, the Compassionate Use of Medical Cannabis Program Act, as amended, and applicable administrative rules.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2002.2. - Compliance with plans.

The development use, operation, and maintenance of the cannabis business establishment will be in substantial compliance with all application documents and plans, except for minor changes and site work approved by the code official in accordance with all applicable village rules, regulations, and ordinances.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2002.3. - Minimum distance requirements.

In addition to those minimum distance requirements imposed by state law, any building used for a cannabis business establishment may not be located within 250 feet of property used for a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or place of religious worship, park, forest preserve, cemetery, or property in the E-R, R-1, R-2, R-3, and R-4 residential zoning districts.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2002.4. - Security.

In addition to all state-imposed security requirements, the board of trustees may require a cannabis business establishment to provide sufficient additional safeguards in response to any special security concerns relative to a particular business.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2002.5. - Air treatment.

In addition to all state-imposed air treatment requirements, the board of trustees may impose additional air treatment requirements on a cannabis business establishment to control odor and promote compliance with village nuisance ordinances and other ordinances.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2002.6. - Traffic.

The board of trustees may require a cannabis business establishment to submit a traffic study, if the proposed use is expected to substantially increase traffic on village streets.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2002.7. - Drive-thru windows.

Drive through windows are prohibited at cannabis business establishments.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2002.8. - Random inspections.

In addition to those inspections authorized by state law, all cannabis business establishments are subject to inspections by the code official with the assistance of the village attorney, the police department, or other village agents and employees when reasonable cause exists to believe there is a violation of state law or regulations or village ordinances.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2002.9. - Cannabis waste.

All cannabis business establishments must comply with all state, county, and village regulations governing cannabis waste.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2002.10. - Hours of operation.

Unless otherwise prescribed by state law, the board of trustees may impose hours of operation for a cannabis business establishment as a condition to reduce conflicts with surrounding land uses.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2002.11. - On-premises cannabis consumption prohibition.

On-premises cannabis consumption establishments are prohibited. No cannabis business establishment may allow the smoking, inhalation, or consumption of cannabis on the premises in any form on the premises. A sign, at least 8.5 by 11 inches, shall be posted inside the cannabis business establishment in a conspicuous place and visible to patrons and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on the premises of this establishment".

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2002.12. - Unconditional agreement and consent.

All cannabis business establishments must file an unconditional agreement and consent to accept and abide by the village Code and each and all of the special use permit conditions, in a form provided by the village.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2002.13. - State license.

Before issuance of a certificate of occupancy or otherwise opening to the public, cannabis business establishments must file a copy of all required state licenses to operate as a cannabis business establishment with the code official.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2003.0. - Number.

The board of trustees may establish the number of each type of cannabis business establishment allowed in the village by resolution.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2004.0. - Co-location.

The board of trustees may approve the co-location of a cannabis dispensary with a cannabis craft grower or a cannabis infuser, or both, subject to the provisions of state law, and compliance with the underlying district or accessory use regulations and the conditions required by this article.

(Ord. No. 19-12-02, 12-16-2019)

Sec. 2005.0. - Penalties.

In addition to any other criminal penalties related to the unlawful possession of cannabis, any person, firm, company, corporation or any agent, employees, or contractors of such who shall violate, disobey, omit, neglect or refuse to comply with or resist enforcement of any provision of this ordinance shall be fined in an amount not to exceed the following amounts, with each day that a violation of this ordinance continues constituting a separate offense:

A.

Twenty-five thousand dollars for each violation by a cannabis cultivation center or cannabis cultivation center agent, or medical cannabis cultivation center or medical cannabis cultivation center agent;

B.

Five thousand dollars for each violation by a cannabis dispensary or cannabis dispensary agent, or medical cannabis dispensary or medical cannabis dispensary agent;

C.

Seven thousand five hundred dollars for each violation by a cannabis craft grower or cannabis craft grower agent;

D.

Five thousand dollars for each violation by a cannabis processor or cannabis infuser, or cannabis processor agent or cannabis infuser agent; and

E.

Five thousand dollars for each violation by a transporting organization or transporting organization agent.

(Ord. No. 19-12-02, 12-16-2019)