It is the intent and purpose of this article to provide regulations
regarding the operation of cannabis organizations within the corporate
limits of the City of Hometown. Such organizations shall comply with
all regulations provided in the Compassionate Use of Medical Cannabis
Program Act[1] and the Cannabis Regulation and Tax Act,[2] as may be applicable, as may be amended from time to time
(the "Acts"), regulations enacted pursuant to authority granted through
the Acts, and the regulations provided herein. In the event that the
Acts are amended, the more restrictive of the state or City regulations
shall apply.
[Added 1-28-2014 by Ord.
No. 1-2014; amended 12-10-2019 by Ord. No. 14-2019; 10-26-2021 by Ord. No. 6-2021; 3-8-2022 by Ord. No.
2-2022[1]; 9-27-2022 by Ord. No. 9-2022; 5-23-2023 by Ord. No. 5-2023]
[1]
Editor’s Note: Section 2 of this ordinance stated that pursuant to § 22.45 of the Hometown Zoning Ordinance, the lawful use of any building existing at the time of the adoption of this ordinance may be continued, although such use does not conform with the provisions hereof. The remaining provisions of Article 13, Nonconforming Uses, of the Hometown Zoning Ordinance shall govern the status of any legal nonconforming use.
Cannabis dispensing organizations shall be a permitted use in
the "D" Commercial District, and applications for such use shall be
processed in accordance with the provisions of this article. No cannabis
dispensing organization shall be sited, opened or operated unless
specifically authorized under and pursuant to the Acts and this Hometown
Zoning Ordinance.
The following general zoning restrictions shall apply to cannabis
organizations in the City of Hometown:
(A)
All cannabis organizations are prohibited, and no person shall locate,
operate, own, suffer, or allow to be operated a cannabis organization
within a residential zoning district.
(B)
It shall be unlawful to locate or operate a cannabis industrial organization
in any zoning district in the City of Hometown.
(C)
It shall be unlawful to locate or operate a cannabis dispensing organization in the City of Hometown except when on/adjacent to Cicero Avenue or Pulaski Avenue, or when on/adjacent to 87th Street or Southwest Highway [subject to the locational restrictions of Subsection (D)].
(D)
It shall be unlawful to locate or operate a cannabis dispensing organization
on/adjacent to 87th Street or Southwest Highway in the City of Hometown
unless located east of Merrion Lane or west of Kilpatrick Avenue.
(E)
It shall be unlawful to locate or operate a cannabis dispensing organization
in the City of Hometown within 0.75 miles of another cannabis dispensing
organization in the City of Hometown.
(F)
It shall be unlawful to engage in any activity authorized to be conducted
by or in a cannabis industrial organization by or in a cannabis dispensing
organization.
(G)
No other cannabis organization, of any type, shall be allowed, and
no person shall locate, operate, own, suffer, or allow to be operated
a cannabis organziation within any zoning district unless specifically
authorized in accordance with the provisions of this article.
(H)
The operation of any cannabis organization in the City of Hometown
in violation of the provisions of this article is hereby declared
a public nuisance and may be abated by all available remedies afforded
under the law.
All cannabis dispensing organizations shall comply with the
following:
(A)
A cannabis dispensing organization may not be located in a house,
apartment, condominium or a building devoted in whole or in part to
a residential use.
(B)
A cannabis dispensing organization may not have drive-thru service.
(C)
Space occupied by a cannabis dispensing organization shall not be
occupied or shared by any other business or tenant, or used for any
other purpose other than as permitted under this article. However,
a different and unrelated business or tenant may occupy a separate
and distinct unit of the building occupied by a cannabis dispensing
organization, provided said business or tenant does not sell or deal
in tobacco, cannabis, alcohol, gaming, or related products and/or
paraphernalia.
(D)
The on-site consumption of cannabis or cannabis-infused products
shall be prohibited on the premises of the cannabis dispensing organization
unless the cannabis dispensing organization: i) has obtained an accessory
business license for on-site consumption; and, ii) otherwise complies
with the provisions of this article governing the operation thereof.
(E)
At least 90% of the floor area of any space occupied by a cannabis
dispensing organization shall be devoted to the activities of the
cannabis dispensing organization. For purposes of calculating the
total square footage dedicated to retail sales, that portion of the
floor area dedicated to the distribution of cannabis or cannabis-infused
products shall be excluded from this calculation; all floor area dedicated
to the sale of other cannabis products and/or paraphernalia shall
be included.
(F)
No cannabis dispensing organization shall be operational or open
to the public between the hours of 10:00 p.m. through 7:59 a.m.
(G)
Cannabis dispensing organizations shall provide four customer parking
spaces per 1,000 square feet of gross floor area of the dispensary.
In the event the cannabis dispensing organization has an accessory
business license for on-site consumption it shall provide six customer
parking spaces per 1,000 square feet of the gross floor area of the
dispensary. All parking requirements of the Americans with Disabilities
Act and all other anti-discrimination laws must be met.
(H)
Provided a cannabis dispensing organization otherwise complies with
the provisions of the Acts and this Hometown Zoning Ordinance, nothing
herein shall prevent or require special approval for ownership or
location changes of a cannabis dispensing organization. Notwithstanding
the above, notice of the same shall be provided to the City of Hometown
not less than 30 days in advance of such change.
(A)
Applicant shall install building enhancements, such as security cameras,
lighting, or other improvements, as needed or at the request of the
City, to ensure the safety of employees and customers of the cannabis
dispensing organization. Said improvements may be required by the
City in excess of those security measures required by the Acts.
(B)
No cannabis dispensing organizations shall commence or continue operations
until and unless it has a valid business license, which shall be subject
to renewal annually. The business license fee for cannabis dispensing
organizations shall be $5,000 each year. The accessory business license
fee for on-site consumption shall be $10,000 each year.
On-site consumption of cannabis and cannabis-infused products
shall be permitted within a cannabis-dispensing organization authorized
to operate under this article, provided the organization has an accessory
business license therefor and complies with the following:
(A)
On-site consumption of cannabis shall only be permitted in a designated
lounge area of the dispensary, which shall be secure and separated
from the area of the dispensary where retail sales and/or delivery
of cannabis occurs.
(B)
There shall be no more than one designated lounge area and the entirety
of such area, including persons present therein, shall be visible
(having no obstructed views) from all points within the lounge.
(C)
No smoking of cannabis shall be permitted on site unless in a designated
lounge area of the dispensary and unless smoke therefrom does not
infiltrate into areas where smoking or the consumption of cannabis
is prohibited.
(D)
The cannabis dispensing organization shall take measures to protect
employees and independent contractors from coming into contact with
smoke or other by-products of cannabis that is being consumed on the
premises.
(E)
No activities taking place in the lounge shall be visible from the
exterior of the premises.
(F)
No cannabis dispensing organization allowing on-site consumption
of cannabis and cannabis-infused products shall be located in a building
having one or more tenants or businesses with a retail liquor dealer's
license authorizing the consumption of any form of alcohol on the
premises.
(G)
Access to the lounge shall only be permitted through the area of
the dispensary where retail sales occur. There shall be no direct
access to the lounge from the exterior of the dispensary. Excepting
emergency exits, only one direct exit to the exterior from the lounge
shall be permitted and accessible to customers.
(H)
A dispensary may charge for admission to the lounge, but the fee
shall be uniform for all persons.
(I)
Only cannabis and cannabis-infused products purchased at the dispensary
on the day a customer is present in said lounge shall be consumed
on the premises. The sampling or consumption of cannabis purchased
or brought in from off-site is prohibited.
(J)
The sale, delivery or provision of cannabis or cannabis-infused products
by the dispensing organization shall be prohibited within the lounge.
(K)
The sale, distribution, possession, and/or consumption of alcohol
on the premises licensed hereunder shall be prohibited at all times.
(L)
No person under the age of 21 shall be permitted to enter the lounge
area of the dispensary.
(M)
No persons other than employees of the dispensing organization having
entered the lounge area shall be permitted to directly access or return
to the area of the dispensary where retail sales occur.
(N)
The lounge area shall be under unobstructed video surveillance 24
hours a day. The cameras shall be directed so all areas are captured.
Cameras shall be angled to allow for facial recognition, the capture
of clear and certain identification of any person entering or existing
the lounge and in lighting sufficient during all times of night or
day. Cameras shall otherwise comply and be capable of producing images
as required by Section 15-100 of the Cannabis Regulation and Tax Act.
Hometown police shall have access to surveillance footage upon demand.
(O)
All cannabis and cannabis-infused products, and any residual product
remaining after consumption or usage, shall be destroyed and disposed
of in the manner required by Section 15-90 of the Cannabis Regulation
and Tax Act.
(P)
It shall be unlawful to permit any person (excepting security working
on-site) to carry or possess a firearm while present in a dispensary,
including the lounge. The dispensary shall post signs prohibiting
the carrying of firearms on the premises in accordance with Section
65 of the Firearm Concealed Carry Act.
(Q)
Each cannabis dispensing organization allowing the on-site consumption
of cannabis and cannabis-infused products shall have not less than
the greater of two security guards or two security guards per 3,000
square feet of the lounge space assigned and present to provide security
to the lounge during operations. These security guards shall be employed
through the private security contractor having a contract with the
cannabis-dispensing organization and shall be in addition to any other
security guards required to monitor other areas of the dispensary
or to otherwise comply with the security provisions of all applicable
laws, rules and regulations.
(R)
Upon request, the cannabis-dispensing organization shall provide
equipment or materials to protect persons not consuming cannabis from
smoke or other by-products of cannabis consumption at no cost.
Any person found in violation of any provision of this article
shall be fined no less than $100 nor more than $750. Each day a violation
occurs or is permitted to continue shall constitute a new and separate
offense.
(A)
In addition to any fines that may be imposed hereunder, all business
licenses issued to cannabis dispensing organizations are subject to
nonrenewal, suspension or revocation in whole or in part. The basis
for the nonrenewal, suspension or revocation shall include, but not
be limited to, violations of the laws, rules, and regulations of the
State of Illinois and the Municipal Code of Hometown.
(B)
Proceedings to not renew, suspend or revoke a business license shall
be initiated by the Chief of Police. The Chief of Police shall initiate
such proceedings by filing written charges with the Mayor. The Mayor
shall send written notice of the charges to the licensee no later
than 48 hours after they are filed. The notice shall include a copy
of the charges as well as notification as to the date, time and location
for the hearing on the charges. Notice shall be provided by Certified
U.S. Mail, return receipt requested, to the addresses listed for the
licensee.
(C)
The hearing shall take place no sooner than 25 days nor more than
45 days after charges are filed with the Mayor. The Mayor shall preside
over the hearing and base his/her decision upon the evidence submitted.
The formal rules of evidence will not apply at the hearing. All witnesses
proposed to testify shall be presented live, sworn in, and subject
to direct and cross-examination. The Chief of Police shall have the
burden of proof and shall be required to prove its case by a preponderance
of evidence.
(D)
A court reporter will be provided on the timely request (no later
than five business days before the scheduled hearing) either party.
The party requesting the court reporter shall be responsible for the
costs of his/her attendance and the reproduction of the transcript
to be made a part of the record.
(E)
Licensees shall be permitted but are not required to be represented
by an attorney.
(F)
No continuance will be granted except for the most extenuating circumstances.
(G)
No later than 30 days after the close of the hearing, the Mayor shall
issue his/her decision, in writing, setting forth his findings of
fact and legal conclusions. The written decision shall be mailed to
all interested parties by Certified U.S. Mail, return receipt requested.
The Mayor shall have the authority to issue fines in lieu of or in
addition to such other relief as may be requested by the Chief of
Police.
(H)
Either party to the proceeding may appeal the Mayor's ruling
to the City Council of the City of Hometown in accordance with the
provisions of § 22-79.
(I)
The Mayor's decision shall be final and take immediate effect,
but shall be subject to stay upon filing of an appeal. No stay shall
be authorized from a temporary suspension.
(J)
The Mayor may temporarily suspend a dispensing organization license
without a hearing if the Mayor finds that public safety or welfare
requires emergency action. The Mayor shall cause the temporary suspension
by issuing a suspension notice in connection with the institution
of proceedings for a hearing. Under such circumstances, post-deprivation
proceedings shall be afforded to the landlord. All other procedural
requirements of this section shall apply. If the Mayor does not hold
a hearing (subject to agreed upon continuances or extensions) with
45 days after the date the suspension notice was issued, then the
suspended license or registration shall be automatically reinstated
and the suspension vacated.
(A)
The Mayor's decision to not renew, suspend or revoke a license
may be appealed to the City Council of the City of Hometown.
(B)
The licensee shall perfect the appeal by filing a notice of appeal
with the City Clerk no later than 14 days after the date of the Mayor's
decision. The notice of appeal shall identify any factual or legal
errors with the Mayor's decision, a short argument in favor of
reversal, and a copy of the Mayor's decision. Any error or argument
not raised in the notice of appeal shall be deemed waived on appeal.
(C)
The timely filing of a notice of appeal shall stay the Mayor's
decision through the date on which the appeal is decided.
(D)
Within 48 hours of the filing of the notice of appeal, the City Clerk
shall send written notice of the appeal to the Chief of Police and
the licensee. The notice shall include a copy of the notice of appeal
as well notification as to the date, time and location for the hearing
on the appeal. Notice shall be provided by Certified U.S. Mail, return
receipt requested, to the home addresses listed for the landlord.
(E)
The hearing shall take place no sooner than 25 days nor more than
45 days after the notice of appeal is filed by the licensee. No continuance
will be granted except for the most extenuating circumstances.
(F)
The City Council shall decide the appeal based upon the record generated
before the Mayor. The record shall consist of all evidence submitted
at the hearing before the Mayor and a copy of the transcript of the
proceedings assuming the appellant files a copy with the City Clerk
no later than seven days after the notice of appeal is filed. The
standard of review shall be governed by the standards employed under
the Administrative Review Law.[1]
[1]
Editor's Note: See 735 ILCS 5/3-101 et seq.
(G)
The City Attorney shall sit as counsel for the City Council on appeal.
(H)
No later than 30 days after the hearing, the City Council shall issue
his written decision either affirming or reversing the Mayor's
decision. The written decision shall be mailed to all interested parties
by Certified U.S. Mail, return receipt requested. The City Council's
decision on appeal shall be final and shall take effect immediately.