G-1154 - 11/12/2019 - TEXT AMENDMENT - OrdinancesOrdinance 2019-ZO-TA-G-1154
Title 13, Section 3
Cannabis Business Establishments
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ORDINANCE 2019-ZO-TA-G-1154
AN ORDINANCE AMENDING TITLE 13 OF THE VILLAGE CODE
TO PROVIDE REGULATIONS RELATING TO CANNABIS BUSINESS ESTABLISHMENTS
IN THE VILLAGE OF OAK BROOK
WHEREAS, the Village of Oak Brook (hereinafter referred to as the "Village') is an Illinois
Municipal Corporation organized pursuant to the laws of the State of Illinois;
WHEREAS, the Village has in full force and effect a codified set of ordinances which are of a
general and permanent nature, which said codified set is known and designated as the Village Code of the
Village of Oak Brook, as amended;
WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and
regulations that pertain to its government and affairs that protect the health, safety and welfare of its
residents;
WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Cannabis Regulation
and Tax Act, Public Act 101-0027, by which the Village is authorized to prohibit the location of adult use
cannabis business establishments within the Village of Oak Brook:
WHEREAS, the Village has determined that the operation of adult use cannabis business
establishments would present adverse impacts upon the health, safety and welfare of the residents and
additional costs, burdens and impacts upon law enforcement and regulatory operations of the Village of
Oak Brook;
WHEREAS, the Corporate Authorities of the Village of Oak Brook have determined that the
passage of this ordinance prohibiting the location of adult use cannabis business establishments within the
Village is in the best interests of the residents and the Village;
WHEREAS, the Corporate Authorities of the Village of Oak Brook are of the opinion that that it is
in the best interests of the safety, health and welfare of the residents to amend the village's code of
ordinances as referenced herein.
NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled by the Village President and
Board of Trustees of the Village of Oak Brook, Cook and DuPage Counties, Illinois as follows:
Section 1: Recitals. The Board of Trustees hereby find that all of the recitals
hereinbefore stated as contained in the preamble to this ordinance are full, true and correct and do hereby,
by reference, incorporate and make them part of this ordinance as legislative findings.
Section 2: Title 13, Chapter 3 shall be amended by the addition of the following Section:
13-3-18: CANNABIS BUSINESS ESTABLISHMENTS PROHIBITED:
A. For purposes of this section, the following terms shall have the following meanings:
ADULT -USE CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower,
processing organization, infuser organization dispensing organization or transporting organization
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Title 13, Section 3
Cannabis Business Establishments
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ADULT -USE CANNABIS CRAFT GROWER: A facility operated by an organization or business
that is licensed by the Illinois Department of Agriculture to cultivate dry, cure and package cannabis
and perform other necessary activities to make cannabis available for sale at a dispensing
organization or use at a processing organization, per the Cannabis Regulation and Tax Act (P.A.
101-0027), as it may be amended from time -to -time, and regulations promulgated thereunder.
ADULT -USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or
business that is licensed by the Illinois Department of Agriculture to cultivate process transport
and perform necessary activities to provide cannabis and cannabis -infused products to licensed
cannabis business establishments, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as
it may be amended from time -to -time, and regulations promulgated thereunder.
ADULT -USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization
or business that is licensed by the Illinois Department of Financial and Professional Regulation to
acquire cannabis from licensed cannabis business establishments for the purpose of selling and
dispensing cannabis, cannabis -infused products cannabis seeds paraphernalia or related
supplies to purchasers or to qualified registered medical cannabis patients and caregivers per the
Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time -to -time and
regulations promulgated thereunder.
ADULT -USE CANNABIS EVENT: Any public or private event operated by an organization or
business where attendees can consume cannabis or cannabis products as part of any special
event.
ADULT -USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an
organization or business that is licensed by the Illinois Department of Agriculture to directly
incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis -
infused product, per the Cannabis Regulation and Tax Act (P.A.101-0027) as it may be amended
from time -to -time, and regulations promulgated thereunder.
ADULT -USE CANNABIS LOUNGE: A facility operated by an organization or business where
customers can consume cannabis in a social setting.
ADULT -USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated
by an organization or business that is licensed by the Illinois Department of Agriculture to either
extract constituent chemicals or compounds to produce cannabis concentrate or incorporate
cannabis or cannabis concentrate into a product formulation to produce a cannabis product per
the Cannabis Regulation and Tax Act, (P.A.101-0027 as it may be amended from time -to -time
and regulations promulgated thereunder.
ADULT -USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An
organization or business that is licensed by the Illinois Department of Agriculture to transport
cannabis on behalf of a cannabis business establishment or a community college licensed under
the Community College Cannabis Vocational Training Pilot Program per the Cannabis Regulation
and Tax Act, (P.A.101-0027), as it may be amended from time -to -time and regulations
promulgated thereunder.
PERSON: Any person, firm, corporation, association club society or other organization including
any owner, manager, proprietor, employee, volunteer or agent.
B. Cannabis Business Establishments Prohibited. The following Adult -Use Cannabis Business
Establishments are prohibited in the Village of Oak Brook. No person shall located operate own
suffer, allow to be operated or aide, abet or assist in the operation within the Village of Oak Brook
of any of the following:
Ordinance 2019-ZO-TA-G-1154
Title 13, Section 3
Cannabis Business Establishments
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Adult -Use Cannabis Craft Grower
Adult -Use Cannabis Cultivation Center
Adult -Use Cannabis Dispensing Organization
Adult -Use Cannabis Event
Adult -Use Cannabis Infuser Organization or Infuser
Adult -Use Cannabis Lounge
Adult -Use Cannabis Processing Organization or Processor
Adult -Use Cannabis Transportation Organization or Transporter
C. Public Nuisance Declared. Operation of any prohibited Cannabis Business Establishment within
the Village of Oak Brook in violation of the provisions of this Chapter is hereby declared a public
nuisance and shall be abated pursuant to all available remedies.
D. Violations. Violations of this Chapter may be enforced in accordance with the provisions of Chapter
14 of thi.q (nriP
Section 3: Codification The title, chapter(s) and section(s) adopted by this Ordinance shall
be numbered and placed in an appropriate title, chapter(s), and sections(s) sections when and during the
codification of the Oak Brook Municipal Code.
Section 4: Conflict Clause That all ordinances, parts of ordinances or board actions in
conflict with the terms of this ordinance shall be repealed to the extent of said conflict.
Section 5: Effective Date These provisions of the Village Code amended herein shall become
effective as of December 31, 2019.
Section 6: Constitutionality Clause Any part or parts of this ordinance declared by a court
of law to be invalid or unconstitutional shall not affect the validity of the remaining provisions of this
ordinance or the Oak Brook Municipal Code.
Section 7: Passage Clause That this ordinance shall take full force and effect from and after
its passage, approval and publication as provided by law.
Section 8: Publication This ordinance shall be published in book or pamphlet form as
provided by the Illinois Municipal Code.
Section 9: Recording This ordinance shall be entered into the minutes and upon the journals
of the Board of Trustees of the Village of Oak Brook.
[SIGNATURE PAGE FOLLOWS]
APPROVED THIS 12th day of November, 2019
Gopal G. Lalmalani
Village President
PASSED THIS 12th day of November, 2019
Ayes: Trustees Baar, Cuevas, Manzo, Tiesenga, Yusuf
Nays: None
Absent: Trustee Saiyed
ATTEST:
Vf �
Charlotte K. Pruss
Village Clerk
Ordinance 2019-ZO-TA-G-1154
Title 13, Section 3
Cannabis Business Establishments
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