O-15-11VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -15 -11
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND
MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO AUTHORIZE
MEDICAL CANNABIS DISTRIBUTION FACILITIES AS A SPECIAL USE PURSUANT
TO THE COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM ACT
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
6th day of April , 2015.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
6th day of April , 2015.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. n_t 5_t t
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND
MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO AUTHORIZE
MEDICAL CANNABIS DISTRIBUTION FACILITIES AS A SPECIAL USE PURSUANT
TO THE COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM ACT
WHEREAS, the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS
Section 130/5 et eq., the "Act') became effective on January 1, 2014; and,
WHEREAS, the Act provides for a maximum of sixty (60) medical cannabis dispensing
facilities ( "Distribution Facilities ") to be established pursuant to the Act and geographically
dispersed throughout the State of Illinois; and,
WHEREAS, the Act provides that a Distribution Facility may not be located within
1,000 feet of the property line of a preexisting public or preschool or elementary or secondary
school or daycare center, daycare home, group daycare home or part day childcare facility; and,
WHEREAS, the Act provides that municipalities may enact reasonable zoning
regulations for Distribution Facilities, not in conflict with the Act, but prohibits municipalities
from completely prohibiting the location of Distribution Facilities within the municipality; and
WHEREAS, the United States Department of Justice issued guidance on August 29,
2013 regarding marijuana enforcement by the Department of Justice under the Controlled
Substances Act ( the "DOJ Guidance "), and the exercise of prosecutorial discretion by the
Department of Justice to refrain from prosecuting narcotics offenses against certain marijuana
conduct authorized by state and local governments; and,
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WHEREAS, the DOJ Guidance provides that prosecutors would not engage in narcotics
enforcement against the cultivation, distribution, sale and possession of marijuana used for
medical cannabis when authorized by state and local governments, provided that state and local
laws authorizing such conduct implement strong and effective regulatory and enforcement
systems to control the cultivation, distribution, sale and possession of marijuana in compliance
with such laws, and that such state laws and regulations affirmatively and effectively address
federal narcotics enforcement priorities to prevent diversion of marijuana outside of the regulated
system, and to prohibit marijuana marketing and trafficking access to minors; and
WHEREAS, the Plan Commission of the Village of Deerfield spent months studying the
possible establishment of Distribution Facilities within the Village of Deerfield, and the zoning
regulations that should be established in the best interests of the Village of Deerfield to regulate
the possible location and use Distribution Facilities within the Village; and,
WHEREAS, the Plan Commission held public hearings on November 14, 2013, January
9, 2014 and February 13, 2014 to consider testimony and documentary evidence relating to
possible location of Distribution Facilities with the Village of Deerfield pursuant to the Act and
the enactment of reasonable zoning regulations that are consistent with the Act and in the best
interest of the Village of Deerfield regulating the location and operation of Distribution Facilities
in the Village of Deerfield; and,
WHEREAS, the corporate authorities of the Village of Deerfield have considered the
testimony, documentary evidence, report and recommendation of the Plan Commission of the
Village of Deerfield recommending approval of a text amendment to the Zoning Ordinance of
the Village of Deerfield to allow Distribution Facilities as a special use in certain locations in the
C -2 and I -2 Zoning Districts; and
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WHEREAS, the Corporate Authorities of the Village of Deerfield have determined that
it is in the best interest of the Village of Deerfield that the text of the Zoning Ordinance be
amended as provided herein to authorize one (1) Distribution Facility as a special use in the
Village of Deerfield pursuant and in accordance with the Zoning Ordinance of the Village of
Deerfield as hereby amended;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That the above and foregoing recitals, being material to this ordinance, are
hereby incorporated and made part of this ordinance as if fully set forth herein.
SECTION 2: That Section 14.02, entitled "Definitions ", of Article 14, entitled "Rules
and Definitions," of the Zoning Ordinance of the Village of Deerfield be and the same is hereby
amended to add the following as defined words and phrases:
"Cardholder" means a qualifying patient or a designated caregiver who has been
issued and possesses a valid registry identification card by the Department of
Public Health.
"Designated caregiver" means a person who: (1) is at least 21 years of age; (2) has
agreed to assist with a patient's medical use of cannabis; (3) has not been
convicted of an excluded offense; and (4) assists no more than one registered
qualifying patient with his or her medical use of cannabis.
"Dispensary" means the physical premises from which a dispensing organization
will dispense cannabis, paraphernalia, or related supplies and educational
materials to registered qualifying patients
"Enclosed, locked facility" means a room, greenhouse, building, or other enclosed
area equipped with locks or other security devices that permit access only by a
cultivation center's agents or a dispensing organization's agent working for the
registered cultivation center or the registered dispensing organization to cultivate,
store, and distribute cannabis for registered qualifying patients.
"Medical cannabis container" means a sealed, traceable, food compliant, tamper
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resistant, tamper evident container, or package used for the purpose of
containment of medical cannabis from a cultivation center to a dispensing
organization.
"Medical cannabis dispensing organization ", or "dispensing organization ", or
"dispensary organization" means an organization that has received Dispensing
Organization Authorization Registration from the Illinois Department of Financial
and Professional Regulation to acquire medical cannabis from a registered
cultivation center and to operate a dispensary within a dispensing organization
district that includes territory within Village limits for the purpose of dispensing
cannabis, paraphernalia, or related supplies and educational materials to registered
qualifying patients.
"Medical cannabis infused product" means food, oils, ointments, or other products
containing usable cannabis that are not smoked.
"Restricted access area" shall have the meaning set forth in 68 Ill. Adm. Code
1290. 10, as may be amended.
SECTION 3: That Article 5.02 -C ( "Special Uses ") of Article 5.02 ( "C -2 Outlying
Commercial District") the Zoning Ordinance of the Village of Deerfield be in the same is hereby
amended to add the following as Paragraph 14 thereof:
14. Medical Cannabis Dispensary.
A medical cannabis dispensary, operated by a registered dispensing organization
as a distribution facility as provided in the Compassionate Use of Medical
Cannabis Pilot Program Act, provided that: (i) no such facility may be located
within five hundred feet of the property line of any public park; (ii) such facility
shall be established and operated in strict accordance with the regulations for
medical cannabis dispensaries set forth in Article 2 of this Ordinance; and (iii) not
more one (1) special use permit shall be issued or outstanding at any time for a
medical cannabis dispensary within the Village of Deerfield.
SECTION 4: That Article 6.02 -C ( "Special Uses ") of Article 6.02 (1-2 Limited
Industrial District ") of the Zoning Ordinance of the Village of Deerfield be in the same is hereby
amended to add the following as Paragraph 20 thereof:
20. Medical Cannabis Dispensary.
A medical cannabis dispensary, operated by a registered dispensing organization
as a distribution facility as provided in the Compassionate Use of Medical
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Cannabis Pilot Program Act, provided that: (i) no such facility may be located
within five hundred feet of the property line of any public park; (ii) such facility
shall be established and operated in strict accordance with the regulations for
medical cannabis dispensaries set forth in Article 2 of this Ordinance; and (iii) not
more one (1) special use permit shall be issued or outstanding at any time for a
medical cannabis dispensary within the Village of Deerfield.
SECTION 5: That Article 2 ( "General Provisions ") of the Zoning Ordinance of the
Village of Deerfield be and the same is hereby amended by adding Article 2.11 entitled
"Additional Regulations for Medical Cannabis Dispensaries" as follows:
2.11 Additional Regulations for Medical Cannabis Dispensaries.
A. 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 of a registered dispensing organization for a Special Use to permit a
medical cannabis dispensary within the Village must include all of the following
information and documents:
(1) The legal name and, if different than the legal name, the trade
name of the proposed dispensing organization for which the special use is
sought.
(2) The proposed commonly known address of the proposed medical
cannabis dispensary.
(3) The legal name of the applicant, if different than the proposed
dispensing organization.
(4) The address, telephone number and e-mail address of the
dispensing organization's and applicant's principal place of business, if
different than the common address of the proposed dispensary. A post
office box may not be submitted as the address of the applicant's principal
place of business.
(5) The legal names, addresses, telephone numbers, and e-mail
addresses of (a) all business entities with a financial interest in the
dispensing organization, and all officers, directors, partners, managers,
and owners thereof; (b) sole proprietors and other individuals with a
financial interest in the dispensing organization; and (c) each proposed
dispensing organization agent. For all officers, directors, partners,
managers, and owners of the business entities, and for all sole proprietors
and other individuals with a financial interest in the dispensing
organization, the applicant must also provide their dates of birth and social
security numbers and a detailed statement of their qualifications and
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experience related to the operation of a medical cannabis business or
related occupation. A post office box may not be submitted as the address
of any entity or individual with a financial interest in the dispensing
organization. Pursuant to 410 ILCS 130 /145(a), this information, if
clearly marked as confidential and submitted separately, shall be
maintained by the Village as confidential information not subject to
disclosure under the Illinois Freedom of Information Act.
(6) The proposed hours of operation of the proposed dispensary.
(7) If the proposed dispensing organization or the applicant is a
business organization other than a sole proprietorship, the following
information regarding the dispensing organization and applicant entity:
(a) The type of business organization, the date of formation,
and an affirmation that the organization is authorized to
conduct the business of a dispensing organization in the
State of Illinois.
(b) If a limited liability company or a corporation, a copy of (i)
its certificate of good standing issued by the Secretary of
State no more than seven days prior to the date the
application for a special use is filed with the Village; and
(ii) if the limited liability company or corporation uses an
assumed name, a copy of the corporation's assumed name
registration issued by the Secretary of State.
(8) A description of any additional training and education that will be
provided to the proposed dispensing organization agents.
(9) A copy of a business plan for the proposed dispensing organization
that includes, without limitation, the following information:
(a) A description of the products and services that the proposed
dispensing organization desires to offer; and
(b) A description of the procedures the proposed dispensing
organization will implement to ensure the secure transfer of
medical cannabis from restricted access areas to limited access
areas.
(10) A security plan that describes how the proposed dispensing
organization will comply with the security and recordkeeping regulations
set forth in Sections 1290.400 - 1290.460 of Title 28 of the Illinois
Administrative Code, 28 I11. Admin. Code 1290.400 — 1290.460, as those
sections may be amended from time to time, shall be submitted to the
Chief of Police for review and recommendation. The security plan shall
no
be kept confidential to the extent permitted by law. Without limitation,
the security plan must include the following information:
(a) A description of the procedures that the proposed
dispensing organization will implement to prevent the diversion,
theft, or loss of cannabis during the delivery of cannabis to the
proposed dispensing organization by a cultivation center,
including, without limitation, the use of delivery manifests;
(b) A description of the procedures that the proposed
dispensing organization will implement to: (i) monitor the
activities conducted within the proposed dispensing organization;
(ii) secure the dispensing organization, including, without
limitation, the dispensing organization agents, qualifying patients,
and cannabis and currency stored at the dispensing organization;
and (iii) prevent the diversion, theft or loss of cannabis; and
(c) A description of the procedures that the proposed
dispensing organization will implement to restrict access to limited
access areas and restricted access areas.
(11) A written statement that the applicant owns the property on which
it proposes to operate the dispensary or, if the applicant does not own the
property, a written statement from the property owner certifying the
owner's consent to the use of the property as a dispensary.
(12) A map of the area surrounding the location of the proposed
dispensary: (a) showing that no part of the property on which the proposed
dispensary is located within 1,000 feet, measured from property line to
property line, of any part of the property line of any existing public or
private preschool, elementary school, secondary school, day care center,
day care home, group day care home, or part-day child care facility; (b)
showing that no part of the property on which the dispensary is located
within 500 feet, measured from property line to property line, of any
public park; (c) showing that the proposed location for the dispensing
organization is not zoned for residential use; and (d) identifying the
businesses, and the nature of each business, located within 1,000 of any
part of the property line of the proposed dispensing organization in
existence at the time that the application of a special use permit is filed
with the Village.
(13) Floor plans and elevations of the proposed dispensary building that
must include, without limitation, the following information:
(a) The location, layout, floor area, name, and function of each
room, including, without limitation, patient counseling areas,
restricted access areas, limited access areas, rooms in which
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cannabis will be stored when the proposed dispensing organization
is open for business, and rooms in which cannabis will be stored
when the proposed dispensing organization is not open for
business;
(b) The total floor area of the proposed dispensing organization
building;
(c) The doorways or pathways between rooms;
(d) The means of ingress and egress to and from the building
of the proposed dispensing organization, including, without
limitation, fire exits;
(e) The location of all safes or vaults that will be used to store
cannabis, cannabis products, and currency;
(f) The locations of bullet -proof glass;
(g) The location of each toilet facility;
(h) The location of each video camera;
(i) The location of each panic button;
0) The location of each natural and artificial lighting source;
and
(k) The location of enclosed and secured loading and trash
handling and disposal facilities.
(14) A description of how the proposed dispensing organization will
comply with the Americans with Disabilities Act and similar state and
local laws and regulations.
(15) A plan to prevent patient overflow in waiting rooms and patient
care areas.
(16) An attestation that the proposed dispensary will have safes or
vaults with sufficient capacity to safely store the anticipated quantities of
cannabis and currency on the premises.
(17) Evidence acceptable to the Zoning Administrator that the proposed
dispensary building complies with all applicable State and local building
and fire regulations, and all other applicable local ordinances and
regulations.
H
(18) A sign plan for the proposed dispensary, consistent with the
requirements set forth in Paragraph B(4) of this Ordinance, that describes
and depicts all proposed signs related to the proposed dispensing
organization, including, without limitation, the type of each proposed sign,
the sign area and sign height of each proposed sign, the content of each
proposed sign, the location of each proposed sign, and the illumination of
each proposed sign, if any.
(19) A comprehensive site plan drawn to scale of the proposed
dispensary, which site plan must depict the following features, if
applicable and without limitation: streets, traffic direction, 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.
(20) A demonstration that the proposed location is suitable for public
access, the layout promotes safe dispensing of medical cannabis, it is
sufficient in size, power allocation, lighting, parking, handicapped
accessible parking spaces, ADA- accessible entry and exits, product
handling, and storage.
(21) Any other information or document that the Zoning Administrator
determines is reasonably necessary to consider the application for a special
use permit.
B. Operational Standards. The establishment, development, and
operation of any dispensary located within the Village must comply with all
conditions and restrictions set forth in the ordinance granting the special use for
the dispensary and with the following standards and requirements:
(1) Medical cannabis dispensaries shall be subject to Special Use
review and approval under this Ordinance.
(2) All medical cannabis dispensaries shall comply with the
Compassionate Use of Medical Cannabis Pilot Program Act and with all
rules and regulations adopted in accordance thereto.
(3) Medical cannabis dispensaries shall be a minimum of one thousand
(1,000) feet from all other medical cannabis dispensaries measured from
property line to property line.
(4) Signage and advertising:
(a) All signage for medical cannabis dispensaries shall be
limited to one flat wall sign not to exceed ten square feet in area,
and one identifying sign not to exceed two square feet in area
In
which can only include the dispensary address. Such signs shall
not be directly illuminated. Exterior signs on the dispensary
building shall not obstruct the entrance or windows on the
dispensary.
(b) Electronic message boards and temporary signs are not
permitted in connection with a dispensary.
(c) Signage shall not contain cannabis imagery such as
cannabis leaves, plants, smoke, paraphernalia, or cartoonish
imagery oriented towards youth, or any language terms referencing
cannabis, or any slang or street terms commonly associated with
cannabis.
(d) A sign shall be posted in a conspicuous place at or near all
dispensary entrances and shall include the following language:
"Only cardholders, designated care givers, and staff may enter
these premises. Persons under the age of 18 are prohibited from
entering." The required text shall be no larger than one inch in
height. To the extent permitted by Compassionate Use of Medical
Cannabis Pilot Program Act, the age restriction on entry to the
premises shall not be required text.
(e) Any additional merchandise packaging provided by the
dispensary, such as bags, sacks, totes or boxes shall be opaque
without text or graphics advertising or identifying the contents of
the products contained within.
(5) Medical cannabis dispensaries that display or sell drug
paraphernalia shall do so in compliance with the Illinois Drug
Paraphernalia Control Act (720 ILCS 600/1 et seq.) and the
Compassionate Use of Medical Cannabis Pilot Program Act.
(6) Unless expressly authorized by the Compassionate Use of Medical
Cannabis Pilot Program, it shall be unlawful for any medical cannabis
dispensary to allow any person who is not at least 18 years of age on the
premises. Dispensaries shall not employ anyone under the age of 18.
Access shall be limited exclusively to dispensary staff, cardholders,
designated care givers, local and state officials, and those specifically
authorized under the Compassionate Use of Medical Cannabis Pilot
Program Act.
(7) Medical cannabis dispensaries may not have a drive- through
service window.
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(8) Any cannabis, cannabis - infused products, or cannabis waste on the
premises of the dispensing organization must be stored within secure
refuse containers located within a restricted access area of the dispensing
organization at all times prior to the destruction and disposal thereof,
which destruction and disposal must be performed pursuant to the
requirements of 68 Ill. Admin. Code 1290.450, as may be amended.
(9) All waste other than cannabis waste must be stored within
dumpsters or garbage cans located within areas of a fully enclosed
building, with operable doors closed at all times other than during loading
and unloading.
(10) All dispensing organizations must be equipped with a secure
unloading space for the reception of deliveries of medical cannabis and
medical cannabis infused products, which space must be: (a) located
within an enclosed area of the principal structure in which the dispensing
organization operates; (b) secured by doors that are closed and locked
during all times that deliveries of medical cannabis or medical cannabis
infused products are unloaded; and (c) a restricted access area.
SECTION 6: That Chapter 7 ( "Businesses" of the Municipal Code of the
Village of Deerfield is hereby amended to add the following business license regulations
as Article 16 thereof entitled "Medical Cannabis Dispensaries ":
Article 16. Medical Cannabis Dispensaries
Sec. 7-93. Definitions.
(a) "Medical cannabis dispensary" shall mean an organization or
business that is registered by the Illinois Department of Financial
and Professional Regulation to acquire medical cannabis from a
registered cannabis cultivation center for the purpose of dispensing
medical cannabis, medical cannabis infused product,
paraphernalia, or related supplies and educational materials to
registered qualifying patients under the Compassionate Use of
Medical Cannabis Pilot Program Act.
(b) "Medical cannabis infused product' means food, oils, ointments,
or other products containing usable cannabis that are not smoked.
Sec. 7-94. License Required. No person shall engage in the business of
dispensing medical cannabis, medical cannabis infused product, paraphernalia, or
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related supplies and educational materials to registered qualifying patients under
the Compassionate Use of Medical Cannabis Pilot Program Act without fast
having secured a license therefor pursuant to this Article.
Sec. 7 -95. License Application. An application for a Medical Cannabis
Dispensary business license must include all of the following information and
documents:
(a) The legal name and, if different than the legal name, the trade
name of the dispensing organization for which the license is
sought.
(b) The common known address of the location where the medical
cannabis dispensary will be operated, and evidence that the
location is in compliance with all applicable zoning and building
code requirements.
(c) The address, telephone number and e-mail address of the applicant
and dispensing organization's principal place of business, if
different than the common address of the medical cannabis
dispensary.
(d) The legal names, addresses, telephone numbers, and e-mail
addresses of: (a) all business entities with a financial interest in the
dispensing organization, and all officers, directors, partners,
managers, and owners thereof; (b) sole proprietors and other
individuals with a financial interest in the dispensing organization;
and (c) each proposed dispensing organization agent. Pursuant to
410 ILCS 130 /145(a), this information, if clearly marked as
confidential and submitted separately, shall be maintained by the
Village as confidential information not subject to disclosure under
the Illinois Freedom of hiformation Act.
(e) Upon request of the Village Manager, the applicant shall also
provide the dates of birth and social security numbers and a
detailed statement of qualifications and experience related to the
operation of a medical cannabis business or related occupation
provide for all officers, directors, partners, managers, and owners
of the business entities, and for all sole proprietors and other
individuals with a financial interest in the dispensing organization.
(f) If the proposed dispensing organization or the applicant is a
business organization other than a sole proprietorship, the
following information regarding the dispensing organization and
applicant entity:
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(1) The type of business organization, the date of formation
and affirmation that the organization is authorized to
conduct the business of a dispensing organization in the
State of Illinois.
(2) If a limited liability company or a corporation, a copy of (i)
its certificate of good standing issued by the Secretary of
State no more than seven days prior to the date the
application is filed with the Village; and (ii) if the limited
liability company or corporation uses an assumed name, a
copy of the corporation's assumed name registration issued
by the Secretary of State.
Sec. 7 -96. License Fee. The annual license fee for a medical cannabis
dispensary shall be the amount set forth in the annual fee resolution adopted by
the corporate authorities.
SECTION 7: That the annual fee resolution of the Village of Deerfield be and the same
is hereby amended to add the following as the annual license fee to be paid pursuant to Section
7 -96 of the Municipal Code of the Village of Deerfield, as amended, to operate a medical
cannabis dispensary in the Village of Deerfield as defined in Section 7 -94 of the Municipal Code
of the Village of Deerfield:
Classification
(E) Businesses
Municipal Code
Reference
7 -96
Description
License Fee
Fee for
FY 2015
$1,000.00
SECTION 8: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
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[This Space Leff Blank Intentionally]
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SECTION 9: That this Ordinance shall be in fall force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 6th day of Aori 1 2015.
AYES: Benton, Jester, Nadler, Struthers
NAYS: Farkas
ABSENT: None
ABSTAIN: Seiden
APPROVED this 6th day of
ATTEST:
/aA - 4q�-
Villa e Clerk
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Village President
2015.