O-19-35VILLAGE OF DEERFIELD
ORDINANCE NO. 2019- 0-19-35
AN ORDINANCE AMENDING "THE DEERFIELD ZONING ORDINANCE OF 1978,"
AS AMENDED, TO PERMIT AS A SPECIAL USE AND REGULATE
CANNABIS BUSINESS ESTABLISHMENTS
WHEREAS, the Village is a home rule municipal corporation in accordance with
Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and
WHEREAS, the Village has the authority to adopt ordinances and to promulgate
rules and regulations that pertain to its government and affairs; and
WHEREAS, on June 25, 2019, the Governor of the State of Illinois signed into law
Public Act 101-0027, establishing the Cannabis Regulation and Tax Act ('Act'); and
WHEREAS, the Act legalizes the possession and use of cannabis for recreational
purposes by adults over the age of 21, authorizes the sale of recreational cannabis at
dispensaries, permits the expansion of cultivation centers previously only authorized to
supply medical cannabis sales, and authorizes new types of cannabis businesses, such as
craft growers, infusers, and processors; and,
WHEREAS, under the Act, "cannabis dispensing organizations," as that term is
defined by the Act ("Recreational Dispensaries', will be authorized to sell cannabis to
eligible medical card holders and all adults over the age of 21 starting January 1, 2020; and
WHEREAS, under the Act, "cultivation centers," as defined by the Act ("Cultivation
Centers"), will be authorized to grow, harvest, and distribute cannabis; and
WHEREAS, under the Act, "infusers," as that term is defined by the Act ("Infusers'),
will be authorized to manufacture cannabis -infused products; and
WHEREAS, under the Act, "processors," as that term is defined by the Act
("Processors'), will be authorized to extract chemicals or compounds to produce cannabis
concentrate; and
WHEREAS, under the Act, "craft growers," as that term is defined by the Act ("Craft
Growers'), will be authorized to cultivate, dry, cure, and package cannabis in smaller
volumes than existing Cultivation Centers; and
WHEREAS, the Act provides that municipalities may enact reasonable zoning
regulations concerning the cannabis businesses described above, including, without
limitation, prohibiting certain of the cannabis businesses described above; and
WHEREAS, the Act permits the on -premises consumption of cannabis only as
authorized by municipalities; and
WHEREAS, pursuant to Section 2.00-A of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance'), Cultivation Centers, Recreational Dispensaries, Infusers,
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Processors, Craft Growers, and businesses that permit on -premises consumption of cannabis
are currently not allowed in the Village because they are not permitted or special uses in any
of the Village's zoning districts; and
WHEREAS, on July 1, 2019, the Board of Trustees adopted Resolution R-19-15, which
directed the Village Plan Commission to hold a public hearing and make recommendations
to the Mayor and Board of Trustees on the questions of whether any of the above -listed
cannabis businesses should be permitted in the Village, and if so, what regulations and other
operational conditions should be imposed; and
WHEREAS, pursuant to notice duly published in the Deerfield Review on August 1,
2019, the Village Plan Commission conducted a public hearing on August 22 and September
12, 2019, to consider proposed amendments to the Zoning Ordinance; and
WHEREAS, at the conclusion of the public hearing, the Plan Commission made
findings and recommended that the Mayor and Board of Trustees adopt Zoning Ordinance
amendments to: (i) allow Recreational Dispensaries in the C-2 Outlying Commercial District
and I-2 Limited Industrial District as a special use pursuant to strict regulations; (ii) to
continue to prohibit all cannabis businesses in the Village other than Recreational
Dispensaries and medical cannabis dispensaries; and (iii) continue to prohibit all on -premises
consumption in the Village ("Proposed Amendment'; and
WHEREAS, the Mayor and Village Board have considered the standards for
amendments set forth in Section 13.10 of the Zoning Ordinance; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interest of the Village to adopt the Proposed Amendments, as set forth in this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as findings of the Village Board.
SECTION TWO: AMENDMENTS TO SECTION 14.02. Section 14.02, titled
"Definitions," of Article 14, titled "Rules and Definitions," of the Zoning Ordinance is hereby
amended further to add the following definitions in alphabetical order:
"CANNABIS: Marijuana, hashish, and other substances that are
identified a$ including n the plant Cannabis sativa—n
including derivatives or subspecies, such as indicia, of all strains of
cannabis, whether growing or not; the seeds thereof, the resin
extracted from any part of the plant; and any compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds, or
resin, includinjX tetrahydrocannabinol (THC) and all other naturally
produced cannabinol derivatives, whether produced directly or
indirectly by extraction; however, "cannabis" does not include the
mature stalks of the plant, fiber produced from the stalks, oil or cake
made from the seeds f the plant,n compound, manufacture,
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salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted from it), fiber, oil or cakeor the sterilized seed of
the plant that is incapable of Germination. "Cannabis" does not include
industrial hemp as defined and authorized under the Industrial Hemp
Act. "Cannabis" also means concentrate and cannabis -infused
products.
RAFT 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. use at a processing organization. or recreational
cannabis dispensar
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 other necessary activities
to provide cannabis and cannabis -infused products to cannabis
business establishments or dispensaries.
DISPENSARY: The phvsical premises from which a disnensin
oraanization
or recreational
cannabis
dispensary will
dispense
cannabis,
paraphernalia,
r related
sM2RjjM_and educational
materials
to registered
qualifying patients
pursuant
to the
Compassionate Use of Medical
Cannabis
Pilot Program Act,
4011
130/1 et sea.,
or customers
pursuant to the Cannabis Regulation and
Tax Act, Public Act 101-0027, as each may
be amended.
DISPENSING ORGANIZATION: means a facilitv operated by an
organization or business that is licensed by the Department of
Financial and Professional Regulation to acquire cannabis from -a
cultivation center, craft growerprocessi ig organization, or another
dispensary for the purpose of selling or dispensing cannabis
cannabis -infused products. cannabis seeds, paraphernalia, ox-related
sunplie-s _under the Compassionate Use 4i_ Medical Cauna jis Pilot
Program Act, 401 ILCS 130/1 et sea., to purchasers or to qualified
registered medical cannabis patients and caregivers.
Additions are bold and double -underlined; deletions are st-Fuek through.
INFUSER ORGANIZATION or INFUSER: A facility operated - operated —by &n
oraanization or business that is licensed by the Illinois Department of
A riculture to directly incorporate cannabis or cannabis concentrate
into a product formulation to produce a cannabis -infused product.
PROCESSING ORGANIZATION or PROCESSOR: A facilitv operated
by an organization or business that is licensed by the Illinois
Department of Agriculture to either extract constituent chemical or
compounds to produce cannabis concentrate or incorporate cannabis
or cannabis concentrate into a product formulation to produce a
annabis product.
RECREATIONAL CANNABIS DISPENSARY: The physical premises
from which a cannabis, paraphernalia, or related supplies and
educational materials are sold or dispensed to customers pursuant to
the Cannabis Regulation and Tax Act. Public Act 101-0027. as may be
amended.
TRANSPORTING ORGANIZATION: An organization or business that
is licensed by the Department of Agriculture to transport cannabis on
behalf of a cannabis business, dispensary, or a community college
licensed under the Community College Cannabis Vocational Training
Program."
SECTION THREE: AMENDMENTS TO SECTION 5.02-C. Section 5.02-C, titled
"Special Uses," of Article 5, titled "Commercial Districts," of the Zoning Ordinance is hereby
amended further, and shall read as follows:
"5.02-C Special Uses
The following special uses are permitted in the C-2 Outlying Commercial
District when authorized in accordance with the provisions of Article 13,
Administration and Enforcement.
15. Recreational Cannabis Dispensary
A recreational cannabis dispensary, operated by a registered
dispensing organization as a distribution facility under the "Cannabis
Regulation and Tax Act."
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SECTION FOUR: AMENDMENTS TO SECTION 6.02-C. Section 6.02-C, titled
"Special Uses," of Article 6, titled "Industrial Districts," of the Zoning Ordinance is hereby
amended further, and shall read as follows:
"6.02-C Special Uses
The following uses are permitted in the I-2 Limited Industrial District when
authorized in accordance with the procedures for Special Uses as set forth in
Article 13, Administration and Enforcement:
Recreational Cannabis Dispensary
recreational cannabis dispensary, operated by a remistered
dispensing organization as a distribution facility under the "Cannabis
Regulation and Tax Act."
SECTION FIVE: AMENDMENTS TO SECTION 2.13. Article 2, titled "General
Provisions," of the Zoning Ordinance is hereby amended to add a new Section 2.13, which
shall read as follows:
"2.13 Additional Regulations for Recreational Cannabis
Dispensary Businesses
1 Application for Special Use. In addition to the requirements
set forth in Article 13 of this Ordinance relating to
applications for a special use; the application for a special
use for a recreational cannabis dispensary must include all
of the following information and documents:
a,. the legal —name and trade name, if applicable, for the
proposed recreational cannabis dispensary:
b. The legal name of the applicant, if different than the
proposed recreational cannabis dispensary:
e. The address of th_e proposed recreational cannabis
dispensary;
d. The (i) address, telephone number and e-mail address
of the proPsQseA-recreational cannabis dispensary and
applicant, if different: and (ii) the principal place of
business, if different than the common address of the
proposed recreational cannabis dispensary or
applicant. A post offic�ox may not be submitted as
the address of the proposed recreational cannabis
dispensary's or applicant's principal place of business:
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e. The legal nam s addresses, e hone numbers e-mail
dresses, dates of birth, and a detailed statement of
their qualifications and experience relatedto the
operation of a recreational cannabis dispensary or
similar occupation for: (i) all persons or business
entities with a financial interest in the proposed
recreational cannabis dispensary: and (ii) all officers.
directors, partners, managers, and owners of the
proposed recreational cannabis dispensary. A post
office box may not be submitted as the address of any
of the entities or individuals listed herein;
f. The proposed hours of operation for the proposed
recreational cannabis dispensary:
If the proposed recreational cannabis dispensary is a
business entity other than a sole proprietorship, the
fo owing information regarding the proposed
recreational cannabis dispensary:
i. The tyl_ of business entity. the date of
formation, and proof that the organization is
authorized to conduct, the business of a
recreational cannabis dispensary in the State of
ii. If a limited liability company or a corporationa
copy of its certificate of good standing is ued by
the Secretary of State no more than seven days
prior to the date the application fora special
use is filed with the Village: and
iiio If the limitedliability Qmpany or corporatio
uses an assumed name, a copy of the company's
or corporation's assumed name registration
issued by the Secretary of State:
h. A description of any training and education that will
e provided to the proposed recreational cannabis
dispensary's employees:
i. A copy of a business plan for the proposed recreational
cannabis dispensary that includes, without limitation,
a description of the products and services that will be
offereA-
A security plan that describes how the proposed
recreational cannabis dispensary will provide
security for its inventory, customers and employees,
Additions are bold and double -underlined; a^i^+:.,....are st i through-.
which shall be submitted to the Chief of Police for
review and recommendation. Without limitation, the
security plan must include the following information:
i. A_ description Qf the procedures that the
proposed recreational cannabis dispensary will
implement to prevent the diversion.hef
loss of cannabis during the delivery to the
proposed recreational cannabis dispensary.
includboL9 mtJxQ limitati unthe use of
delivery manifests;
ii. A description of the procedures to: (i) monitor
the activities conducted within the r e
recreational cannabis dispensary; (ii) secure the
recreational cannabis dispensary, including,
without limitation, its employees, cannabis and
currency; and (iii) prevent the diversion, theft
or loss of cannabis; and
iii. A description of the proceduresthat t the
proposed recreational cannabis dispensary will
implement to restrict access to limited access
areas and restricted access areas:
k. Proof that the applicant owns the property on which
it proposes to overate the recreational cannabis
dispensary or, if the applicant does not own the
property. a written stnt.ement from the property
owner certifying the owner's consent to the use of the
property for a recreational cannabis dispensary;
1. A map of the area surrounding proposed
recreational
cannabis dispensary: (a) showing_ that
no oft
property on which the proposed dispensary
_fit
is located
within 1,000 feet, measured from
property line to
property line, of any existingpublic
or private
preschool, elementary school, middle
school, high
school, day care center, day care home._
group dav care
home, or part -day child care facility;
(b) showing that
no part of the property on which
the recreational
cannabis dispensary is located
within 500 feet.
measured from property line to property
line._4£�ny
public park or property used for a residential use; (c)
showing that the proposed location
for the
recreational cannabis dispensary
is not _ zoned for
residential use; and (d) identifying the businesses, and
he nature of each business, located within 1,000 feet
of any part of the property line
of the proposed
Additions are bold and double -underlined; a i +: S+.uek+1..,.,ug
recreational cannabis dis j tense at the
time that the application of a special use permit is filed
with the Village:
Floor plans and elevations of the proposed
recreational cannabis dispensary building that
includes, without limitation, the following
information•
i. The location, layout, floor area _ _ tion of
each room, including, without limitation.
restricted access areas, limited access areas.
rooms in which cannabis will be stored when
the proposed recreational cannabis dispensary
is open for business and roonis in which
cannabis will be stored when the proposed
recreational cannabis dispensary is no
or business•
ii. The total floor area of the proposed recre_a_ tion 1
cannabis dispensary building:
iii. The doorways or pathways between room -a;
iv. The means of ingress and egress to and from the
building of the proposed recreational cannabis
disnensarv, including without limitatio fire
zits•
v. The location of all safes or vaults that will be
used to store cannabis, cannabis products. and
vi. The 1Qcations of any bullet-proof glass;
vii. The location of each toilet facilit -
viii. An attestation that the proposed recreational
cannabis dispensary will have video cameras fo
security purposes:
ix. An attestation that the proposed recreational
cannabis dispensary will have panic buttons)
for security purposes:
X. The location of each natural_ and _artificial
lighting source: and
xi. The location of enclosed and secured loading
and trash handlingand disposal facilities;
Additions are bold and double -underlined; �4-1-t ens are strue'- threugh.
n. A description of how __the proposed recreational
cannabis dispensary will comply with any applicable
provisions of the Americans with Disabilities Act and
other similar state and local laws and regulations:
o. A plan to prevent customer oyerflow in the
recreational cannabis dispensary:
Ph An attestation that the Aronosed recreational
cannabis dispensary will r vaults with
sufficient capacity to safely store the anticipated
quantities of cannabis and currency on the premises:
=q= Evidence acceptable to the V'1 a e's Principal Planner
that the proposed dispensary building complies with
all applicable State local 'n nd fire
regulations, and all other applicable local ordinances
andrea
r. A sign plan for the proposed recreati n 1 canna i
dispensary that ri and depicts all proposed
signs related to the proposed recreational cannabis
dispensary, including, without limitation,
each proposed sign, the sign area and sign height of
e-ach proposed sign. the content of each propased_si�n,
the location of each ed sin and the
illumination of each proposed sign, if any:
S. Acomprehensive site plan drawn to scale—Of-thk
proposed recreational cannabis dispensary, which site
plan must depict the following features, if applicable
and without limitation: streets, traffic
sidewalks trees, alleys, property lines, buildings,
parking areas, handicapped parking spaces, fences,
exterior walled areas, garages, vehicle delivery access
doors, hangars, security features, garbage enclosure
areas, and outdoor areas,
t. A demonstration that the proposed location is suitable
for public access, the layout promotes safe dispensing
of cannabis, it is sufficient in size, power allocation,
li:rhtin:r, parking, handicapped accessible parkin:r
spaces, ADA-accessible entry and exits, product
handling, and storage:
U. Information sufficient to demonstrate that the proposed
recreational cannabis dispensary complies with all
applicable State laws and regulations, as such laws and
regulations may be adopted or amended from time to
Additions are bold and double -underlined; 4elet ons are ^+r, ek through.
time; and
Y- Any other information or document that the Village's
Principal Planner determines is reasonabl,y necessary
to consider the application for a special use permit.
"22 Limitation on Number of Special Uses. Not more than one
special use shall be issued or outstanding at any one time for
recreational cannabis dispensaries to be located in the
Village.
3 Operational Standards. The establishment, development, and
ojagration of a recreational cannabis dispensary must com 1
with the conditions and restrictions set forth below, as well
as additional conditions set forth in the ordinance,
granting the special use:
a. No recreational cannabis dispensary, measured from
property line to property line, may be located within: (i)
1,000 feet of any existing public or private preschool,
elementary school, middle school, high school, day care
center, day care home, group day care home, or part -
day child care facility: (ii) 500 feet of any public park or
property used for a residential use: and (iii) 1,500 feet
of another dispensary:
b. No recreational cannabis dispensary shall be more than
5,000 gross square feet in area:
� A recreational cannabis dispensary must comply with
all applicable State laws and regulations, as such laws and
regulations may be adopted or amended from time to time-
d—. A recreational cannabis dispensary must have and
maintain all required State licenses for the property,
and a copy of such State licenses shall be framed and
displayed in a place on the property that is conspicuous
and open to the public:
e. No consumption of cannabis may be permitted on the
premises of any recreational cannabis dispensary:
f. Signage and advertising:
i. A recreational cannabis dispensary shall be
limited to; (a) one flat wall sign that does not
exceed 10 sUuare feet in r one
identifyin s'gn that does not exceed two square
Additions are bold and double -underlined; a^�^+: ^ ^ ^ ^+ ••^v +ter^•• .i
10
feet in area, which identifying sign may include
Qnly the disjgensary'saddress Such signs shall not:
x) be directly illuminated: or (y) obstruct the
entrance or windows of the recreational cannabis
dispensari
ii. A recreational cannabis dispensary shall not have
n electronic message board or any temporary signs
n the exterior of the property:
iii. No signage on the exterior of a recreational
cannabis dispensary may contain cannabis imagery
such as cannabis leaves, plants. smoke,
paraphernalia. or T cartoonish imagery oriented
towards youth, or any language terms referencing
cannabis, or any slang or street terms commonly
associated with cannabis:
iv. Notwithstanding anything to the contrary in
Section 2.13(3)(e)(i), a recreational cannabis
dispensary must post a sign with text that is clearly
legible and conspicuous immediately adiace_nt to
11 entrances that includes the following Iangutage:
"Persons under the age of 21 are prohibited from
entering unless a qualifying patient with a
prescription issued under the Compassionate Use
of Medical Cannabis Program Act.": and
Y- The exterior of all bags, sacks, totes or boxes
provided to customers to carry cannabis out of the
recreational cannabis dispensary must be opaque
and without text or graphics advertising or
si�ntifyin the contents of the products contained
within•
9= Recreational cannabis dispensaries that display or sell
gparaphernalia shall do so in compliance with the
Illinois Drug Para hheernalia CC n r 1 Actj 20 ILLS 600/1 et
and the Cannabis Regulation and Tax Act.
h. Recreational cannabis dispensaries may not have a dri
through service window:
i. Any cannabis, cannabis -infused products, or cannabis
waste on the premises of a recreational cannabis
dispensary must be stored within secure refuse
containers located within a restricted access area at all
times prior to the destruction and disposal thereof.
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which destruction and disposal must be performed
2mrsuant to all anplic-a State _laws and regulations,
as may be amended from time to time:
All waste other than cannabis _waste must be stored
within dumpsters or 11arbage cans located within areas
of a fully enclosed building, with operable doors closed
t all times other than during loading and unloading:
k. All recreational cannabis dispensaries mu
equipped with a secure unloading space for the
reception of deliveries of recreational cannabis and
recreational cannabis infused products, which space
must be: (a) located within an enclosed area of Ahe
principal structure in which the recreational cannabis
dispensaries operates; (b) secured by doors that are
closed and locked during all times that deliveries of
recreational cannabis or recreational cannabis infused
products are unloaded; and (c) a restricted access area.
A recreational cannabis dispensary may only have
_cannabis unloaded, and accept deliveries of cannabis
and cannabis infused products in, the secure unloading
5_pa�e;
1. Recreational cannabis dispensaries must comply and
timely pay all State and local taxes, including, without
limitation, the Village's cannabis retailers' occupation tax
and municipal retailers' occupation tax; and
M. All personnel working at a recreational cannabis
dispensary shall: (i) be at least 21 years of age; and (ii) meet
any applicable training and certification requirements
required by the State. "
SECTION SIX: SEVERABILITY. If any provision of this Ordinance or part
thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this
Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced
so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest
extent permitted by applicable law.
SECTION SEVEN: PUBLICATION. The Village Clerk is hereby directed to
publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois.
SECTION EIGHT: EFFECTIVE DATE. This Ordinance will be in full force and
effect from and after the occurrence of both of the following:
A. Its passage and approval in the manner provided by law; and
Additions are bold and double -underlined; aeleti — 64'aek thr-e gl
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B. The date that is 60 days after date on which both (1) the Illinois Department
of Financial and Professional Regulation adopts administrative rules pursuant
to and in furtherance of the Cannabis Regulation and Tax Act ("IDFPR Rules")
and (2) the Illinois Department of Agriculture adopts regulations regarding the
permitted potency and THC levels allowed in cannabis products ("IDOA
Rules"); provided that:
(i) within such 60 day period the Board of Trustees shall have the right
but not the obligation, in its sole and absolute discretion, to declare this
Ordinance null and void and of no force or effect, which declaration may
be made by a resolution duly adopted by the Board of Trustees without
any further process or action; or
(ii) in the event that neither the IDFPR Rules nor the IDOA Rules is
adopted prior to July 1, 2020, the Board of Trustees shall have the right
but not the obligation, in its sole and absolute discretion, to declare this
Ordinance null and void and of no force or effect, at any time prior to
August 1, 2020 by a resolution duly adopted by the Board of Trustees
without any further process or action. In the event that such declaration
is not made prior to August 1, 2020, this Ordinance will be in full force
and effect from and after August 1, 2020.
[SIGNATURE PAGE FOLLOWS]
Additions are bold and double -underlined; .
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AYES: Benton, Jester, Oppenheim, Struthers
NAYS: Seiden
ABSTAIN: None
ABSENT: Shapiro
PASSED: November 4, 2019
APPROVED: November 5, 2019
ORDINANCE NO.
0-19- 35
Harriet Rosenthal, Mayor
ATTES .
Kent S. St eet, ttage/Clerk
Additions are bold and double -underlined; d-3--,.. - -- ,.t.uek thou,
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