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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, -1- 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 -2- 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 -3- 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 -4- 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 -5- 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 -7- 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. -10- (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 -11- 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: -12- (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. -13- [This Space Leff Blank Intentionally] -14- 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 -15- Village President 2015.