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HomeMy WebLinkAboutchapter 7; cannabis; marijuana AN ORDINANCE AMENDING CHAPTER 7 THE MUNICIPAL CODE OF THE VILLAGE OF ARLINGTON HEIGHTS WHEREAS, the Village of Arlington Heights has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety and welfare of its citizens; and WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Cannabis Regulation and Tax Act, Public Act 101-0027, which provides that the Village has the authority to prohibit adult-use cannabis business establishments; and WHEREAS, the Village has determined that the operation of cannabis business establishments would present adverse impacts upon the health, safety and welfare of the residents, and additional costs, burdens and impacts upon law enforcement and regulatory operations of the Village; and NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Arlington Heights as follows: SECTION ONE: That Chapter 7, Other Village Government Provisions, of the Arlington Heights Municipal Code, is amending by the addition of the following new Article XVI: ARTICLE XVI Cannabis Business Establishments Prohibited Section 7-1601 Definitions. For purposes of this Article, the following definitions shall apply: a. Adult-Use Cannabis Business Establishment.A cultivation center,craft grower,processing organization, infuser organization, dispensing organization or transporting organization. b. Adult-Use Cannabis Craft Grower. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder. C. Adult-Use Cannabis Cultivation Center. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder. d. Adult-Use Cannabis Dispensing Organization. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder. [q- DW e. Adult-Use Cannabis Infuser Organization or Infuser.A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, as it may be amended from time-to- time, and regulations promulgated thereunder. f. Adult-Use Cannabis Processing Organization or Processor. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder. g. Adult-Use Cannabis Transporting Organization or Transporter. An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder. h. Person. Any person, firm, corporation, association, club, society or other organization, including any owner, manager, proprietor, employee, volunteer or agent. Section 7-1602 Cannabis Business Establishments Prohibited. The following Adult-Use Cannabis Business Establishments are prohibited. No person shall locate, operate, own, suffer, allow to be operated or aide, abet or assist in the operation within the Village of any of the following: Adult-Use Cannabis Craft Grower Adult-Use Cannabis Cultivation Center Adult-Use Cannabis Dispensing Organization Adult-Use Cannabis Infuser Organization or Infuser Adult-Use Cannabis Processing Organization or Processor Adult-Use Cannabis Transporting Organization or Transporter Section 7-1603 Public Nuisance Declared. Operation of any prohibited Cannabis Business Establishment within the Village in violation of the provisions of this Article is hereby declared a public nuisance and shall be abated pursuant to all available remedies. Section 7-1604 Violations. Violations of this Article may be enforced in accordance with the provisions of Section 1-501 of this Code. SECTION TWO: If any provision of this Ordinance, or the application of any provision of this Ordinance,is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance. SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law, AYES:'PADOVANI, SCALETTA-, LABEDZ, SCHWINGBECK,_ HAYES NAYS. BALDING, CANTY, TINAGLIA PASSED AND APPROVED this 41h day of November 2019. Village President ATTEST: Village Clerk RW.Code Amendments.Chapter 7 Cannabis Business Prohibition