VILLAGE OF SUGAR GROVE BOARD REPORT TO: VILLAGE PRESIDENT & BOARD OF TRUSTEES FROM: WALTER MAGDZIARZ, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: DISCUSSION: RETAIL CANNABIS SALES, PROPOSED REGULATIONS AGENDA: OCTOBER 15, 2019 REGULAR VILLAGE BOARD MEETING DATE: OCTOBER 11, 2019 ISSUE Shall the Village Board discuss possible regulations for retail cannabis sales in the Village. DISCUSSION This item was discussed at the August 6, 2019 and October 1, 2019 Board meetings. Additional background information is available in the Board Reports for those discussions. During the October 1 discussion Board members expressed opposition to the State’s legalization of recreational cannabis and acknowledged that municipalities cannot prohibit the use of recreational cannabis. The Cannabis Control Act allows municipalities to decide whether recreational cannabis businesses are allowed to operate within their boundaries and to develop regulations for establishing and operating such uses. The Cannabis Control Act identifies and defines five different groups or categories of cannabis business: dispensing organizations (retail) cultivation center infuser organizations processing organizations, and transportation organizations The Village can choose to exclude any or all types of cannabis businesses. The cannabis tax is only collected from the dispensing (retail) organizations. For some perspective, Village staff mapped opportunity zones for cannabis sales in Sugar Grove. Using the advertising setback/separation requirements found in the Cannabis Control Act, there are relatively few locations where dispensing organizations could locate (see map). The green areas represent territory that satisfies the separation requirements within the current corporate limits. The blue areas represent territory that could be annexed and satisfy the separation requirements. Assuming cannabis dispensing organizations are permitted in commercial and industrial zoning classifications, there are few choices. Bearing in mind that much of the green highlighted area on the map is airport property, only a small area of College Corner (IL 47 & Waubonsee Drive), Capitol and Galena Boulevard, Main Street south of the BNSF railroad, the US
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VILLAGE OF SUGAR GROVE BOARD REPORT
TO: VILLAGE PRESIDENT & BOARD OF TRUSTEES
FROM: WALTER MAGDZIARZ, COMMUNITY DEVELOPMENT DIRECTOR
AGENDA: OCTOBER 15, 2019 REGULAR VILLAGE BOARD MEETING
DATE: OCTOBER 11, 2019
ISSUE
Shall the Village Board discuss possible regulations for retail cannabis sales in the Village. DISCUSSION
This item was discussed at the August 6, 2019 and October 1, 2019 Board meetings. Additional background information is available in the Board Reports for those discussions.
During the October 1 discussion Board members expressed opposition to the State’s legalization of recreational cannabis and acknowledged that municipalities cannot prohibit the use of recreational cannabis. The Cannabis Control Act allows municipalities to decide whether recreational cannabis businesses are allowed to operate within their boundaries and to develop regulations for establishing and operating such uses.
The Cannabis Control Act identifies and defines five different groups or categories of cannabis business:
dispensing organizations (retail) cultivation center infuser organizations processing organizations, and transportation organizations
The Village can choose to exclude any or all types of cannabis businesses. The cannabis tax is only collected from the dispensing (retail) organizations.
For some perspective, Village staff mapped opportunity zones for cannabis sales in Sugar Grove. Using the advertising setback/separation requirements found in the Cannabis Control Act, there are relatively few locations where dispensing organizations could locate (see map). The green areas represent territory that satisfies the separation requirements within the current corporate limits. The blue areas represent territory that could be annexed and satisfy the separation requirements. Assuming cannabis dispensing organizations are permitted in commercial and industrial zoning classifications, there are few choices. Bearing in mind that much of the green highlighted area on the map is airport property, only a small area of College Corner (IL 47 & Waubonsee Drive), Capitol and Galena Boulevard, Main Street south of the BNSF railroad, the US
30 corridor, and a small portion of the former Prairie Grove development between Galena Boulevard and US 30 are all that are available for cannabis dispensing organizations. Future annexations create more possibilities, but until these properties are annexed the Village cannot apply its zoning authority to them and there is no obligation to allow cannabis sales on any future annexed property.
It is anticipated the tightly controlled release of licenses to sell cannabis to the public by the State will not result in the wave of cannabis dispensing establishments some fear.
Alternatively, the Village Board can decide to opt-out of the cannabis sales business.
In either case, formal action by the Village Board is required. If the Village Board elects to opt-out with any or all cannabis related organizations, the Village Board needs to approve an Ordinance doing so. An Ordinance opting out of cannabis sales is attached for your review. Be advised, this Ordinance excludes all cannabis-related business organizations, including growing, producing, transportation and infuser organizations which are not permitted to sell directly to the public.
If the Village Board decides to permit cannabis sales in the community, the Zoning Ordinance will need to be amended to add these uses to the preferred zoning districts and any additional requirements the Village may want to impose on these uses if they locate in the Village. Should the Board choose this option, the Village staff will need to initiate the zoning amendment process and prepare documents for the Planning Commission to consider and make a recommendation to the Village Board.
To this end, Village staff has prepared an outline of a proposed zoning amendment.
Village staff proposes a strategy of concentration. Since the potential locations for cannabis dispensing organization (CDO) in the Village is relatively limited (see cannabis dispensing opportunity map), we recommend concentrating CDO in any or all of the available space(s). In this way, one or more CDO would be located in close proximity, not dispersed throughout the community. This achieves the goal of ease of surveillance and security, and dispels the perception that CDO are everywhere in the Village. If there are externalities associated with the operation of CDO, the concentration approach would limit the impact to the general community.
To achieve this objective, it is recommended the Village adopt an overlay zoning district for CDO. CDO’s would be permitted by-right in the CDO overlay district subject to the standards and criteria established for the CDO district. With this approach a CDO is permitted only in the B-3 or M-1 District overlaid by the CDO District, not in every B-3 or M-1 zoned property. It is further recommended the overlay district include performance standards for each of the cannabis-related organizations.
The opportunity map identified four possible locations for a CDO overlay district. The draft zoning regulations contemplate one overlay district.
There are no costs with the requested action. RECOMMENDATION
That the Village Board provide input and direction to Village staff in order to prepare the appropriate documents, as needed.
Cannabis Discussion Guide
Following is a bullet point list of identified key items from the proposed cannabis zoning regulations. Staff recommends the Board focus its discussion on these items. Recreational Cannabis Dispensary (dispensing organizations - retail)
- Allowed only in a limited area on the west side of IL 47 at Waubonsee Drive in the B-3 and M-1 zoning districts.
- No less than 1,500’ from a school or day care center. - No less than 250’ from residential property. - No food or cannabis consumption on premises. - No alcohol sales. - No earlier than 8:00 a.m. or later than 8:00 p.m. - No drive through windows. - No one under the age of 21 on the premises. - Valid ID required to enter business. - Security cameras, lighting, etc. required. - No cannabis odor outside the building.
Cultivation Center Infuser Organizations Processing Organizations Transportation Organizations
- Allowed in M-1 zoning district. - No less than 1,500’ from a school or day care center. - No less than 250’ from residential property.
ORDINANCE NO. 2019-1015__
An Ordinance Amending the Village Code, Title 3, Business and License Regulations (Prohibiting Cannabis Business Establishments)
WHEREAS, the Village of Sugar Grove (the “Village”) is not a home rule municipality within Article VII, Section 6A of the Illinois Constitution and, pursuant to the powers granted to it under 65 ILCS 5/1-1 et seq.; and,
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 public health, safety and welfare of its citizens; and
WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Cannabis Regulation and Tax Act, Public Act 101-0027, which provides that the Village has the authority to prohibit adult-use cannabis business establishments; and
WHEREAS, the Village has determined that the operation of 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; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Trustees of the Village of Sugar Grove as follows:
SECTION ONE: CANNABIS BUSINESS ESTABLISHMENTS PROHIBITED
Title 3 of the Village Code shall be amended by the addition of Chapter 12 that will read as follows:
CHAPTER 12 Cannabis Business Establishments Prohibited
1. Definitions. The following words and phrases shall, for the purposes of this Chapter 12, have the meanings respectively ascribed to them by this section, as follows: ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
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 or 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 INFUSER ORGANIZATION OR INFUSER: A facilityoperated 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 PROCESSING ORGANIZATION OR PROCESSOR: Afacility 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.
2. Cannabis Business Establishments Prohibited. The following Adult-Use Cannabis Business Establishments are prohibited in the Village of Sugar Grove. No person shall locate, operate, own, suffer, allow to be operated or aide, abet or assist in the operation within the Village of Sugar Grove of any of the following:
Adult-Use Cannabis Craft Grower Adult-Use Cannabis Cultivation Center
Adult-Use Cannabis Dispensing Organization Adult-Use Cannabis Infuser Organization or Infuser
Adult-Use Cannabis Processing Organization or Processor Adult-Use Cannabis Transporting
Organization or Transporter
3. Public Nuisance Declared. Operation of any prohibited Cannabis Business Establishment within the Village in violation of the provisions of this Chapter 12 is hereby declared a public nuisance and shall be abated pursuant to all available remedies.
4. Violations. Violations of this Chapter 12 may be enforced in accordance with the provisions of Chapter 12 of this Code.
SECTION TWO: GENERAL PROVISIONS
RECITALS. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance.
REPEALER: All ordinances or portions thereof in conflict with this ordinance are hereby repealed.
SEVERABILITY: If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance.
EFFECTIVE DATE: This Ordinance shall be in full force and effect on and after its approval, passage and publication in pamphlet form as provided by law.
PASSED AND APPROVED by the President and Board of Trustees of the Village of Sugar Grove, Kane County, Illinois, this ____ day of _________________ 2019. ATTEST: _________________________________________ _______________________________________ P. Sean Michels, Cynthia L. Galbreath, President of the Board of Trustees Village Clerk
Aye Nay Absent Abstain
Trustee Sean Herron ___ ___ ___ ___ Trustee Ted Koch ___ ___ ___ ___ Trustee Jen Konen ___ ___ ___ ___ Trustee Heidi Lendi ___ ___ ___ ___ Trustee Rick Montalto ___ ___ ___ ___ Trustee Ryan Walter ___ ___ ___ ___
DRAFT CANNABIS ORGANIZATION REGULATIONS
1. Establish new terms and definitions to add to zoning ordinance and Village Code:
DEFINITIONS:
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization. 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 or 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 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 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,
DRAFT CANNABIS ORGANIZATION REGULATIONS
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.
2. Establish a new overlay zoning district: CANNABIS DISPENSING ORGANIZATION OVERLAY DISTRICT (CDO District): The Cannabis Dispensing Organization overlay zoning district (CDO District) is established to provide a location(s) for the establishment and operation of adult-use cannabis dispensing organization, as defined by the Cannabis Regulation and Tax Act (P.A. 101-0027). The CDO District shall be located in the rectangle measured one thousand feet and west from the center line of State Route 47 and Waubonsee Drive. (If additional locations are desired, additional descriptions will be added).
3. Identify permitted cannabis-related uses and the conditions and requirements for each:
ADULT-USE CANNABIS DISPENSING ORGANIZATION: Adult-Use Cannabis Dispensing Organization may be located only in the CDO District and shall comply with the following: Conditions of Use: Adult-use cannabis dispensing organization shall comply with the following conditions and requirements:
A. Shall be located only in and comply with all requirements of a B-3 or M-1 underlying zoning district.
B. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act and this Title.
C. Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.
DRAFT CANNABIS ORGANIZATION REGULATIONS
D. Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.
E. At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized by the Village.
F. On-site consumption of cannabis is prohibited.
G. Petitioner shall file an affidavit with the Village affirming compliance with Section ____ as
provided herein and all other requirements of the Act.
H. A dispensing organization must include the legal name of the dispensary on the packaging of any cannabis product it sells.
I. Dispensing organizations are prohibited from selling alcohol.
J. A dispensing organization may only accept cannabis deliveries into a restricted access area.
K. A dispensary may operate between 8:00 a.m. and 8:00 p.m.
L. A dispensing organization shall submit a list to the Village of the names of all service
professionals that will work at the dispensary. The list shall include a description of the type of business or service provided. Changes to the service professional list shall be promptly provided. No service professional shall work in the dispensary until the name is provided to the department on the service professional list.
M. A dispensing organization shall not produce or manufacture cannabis
N. Drive-through windows are prohibited.
O. Advertisement: an adult-use cannabis business may not advertise in a manner except as specifically provided by the Village. Applicant must submit a proposed signage plan to be approved by the Village.
P. No persons under the age of 21 shall be in the business.
Q. Business must display licenses.
R. Limitations on inventory: The business shall not maintain any more marijuana within the premises than the amount stated on the businesses license application.
S. No sales except directly to user, no deliveries.
DRAFT CANNABIS ORGANIZATION REGULATIONS
T. Must show valid picture ID to enter the business.
U. Petitioner shall file an affidavit with the Village affirming compliance with Section ____ as provided herein and all other requirements of the Act.
V. Additional Requirements:
1. Petitioner shall install building enhancements, such as security cameras, lighting or other
improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an Adult-Use Cannabis Business Establishment and the site on which it is located, consistent with the requirements of the Act.
2. Co-Location of Cannabis Business Establishments. The Village may approve the co-location of an Adult-Use Cannabis Dispensing Organization with an Adult-Use Cannabis Craft Grower Center or an Adult-Use Cannabis Infuser Organization, or both, subject to the provisions of the Act and the Conditional Use criteria within the Village Code. In a co-location, the floor space requirements of this Section shall not apply, but the co-located establishments shall be the sole use of the tenant space.
3. The owner or a key holder is required to respond by phone or email within 24 hours of contact by a Village official.
4. Ventilation Required. A recreational marijuana business shall be ventilated so that odor or marijuana cannot be detected by a person with a normal sense of smell at the exterior of the business.
5. Disposal of adult-use cannabis and cannabis byproducts, all products must be made unusable and unrecognizable prior to the removal from the business.
6. It is prohibited to cultivate, distribute, produce, smoke, use, or ingest marijuana openly or publicly in a place open to the general public.
W. Violations. Authorization to operate an adult-use cannabis dispensing organization may be suspended or revoked for any of the following violations:
1. Conviction of the business, a licensee, or any owner, keyholder, or financier of any violation of this chapter or any other law, rule, or regulation applicable to the use of adult-use cannabis or operation of an adult-use cannabis business;
2. Misrepresentation or omission of any material fact, or false or misleading information, on the application or any amendment thereto, or any other information provided to the Village related to the adult-use cannabis business;
3. Violation of any law by which, if occurring prior to submittal of the application, could have been cause for denial of the license application;
DRAFT CANNABIS ORGANIZATION REGULATIONS
4. Distribution of adult-use cannabis, including, without limitation, delivering or transporting cannabis, in violation of this chapter or any other applicable law, rule, or regulation;
5. Operation of an adult-use cannabis business in violation of the specifications of the license application, any conditions of approval by the Village, or any violation of this chapter or any other law, rule, or regulation applicable to the use of recreational cannabis or operation of an adult-use cannabis business;
6. Failure to maintain, or provide to the Village upon request, any books, recordings, reports, or other records required by this chapter;
7. Failure to timely notify the Village and to complete necessary Village forms for changes in financial interest, keyholders, financier, or agent;
8. Temporary or permanent closure, or other sanction of the business, by the Village, or by the county or, other governmental entity with jurisdiction, for failure to comply with health and safety provisions of this chapter or otherwise applicable to the business or any other applicable law;
9. Failure to timely correct any violation of any law, or comply with any order to correct a violation of any law within the time stated in the notice or order.
ADULT-USE CANNABIS CULTIVATION CENTER: An Adult-Use Cannabis Cultivation Center may be located only in the M-1 District, subject to the following:
A. Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.
B. Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-
existing property zoned or used for residential purposes.
C. At least 75% of the floor area of any tenant space occupied by a cannabis cultivation center shall be devoted to the activities of the cannabis cultivation center as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
ADULT-USE CANNABIS INFUSER ORGANIZATION: An Adult-Use Cannabis Infuser Organization may be located only in the M-1 District, subject to the following:
DRAFT CANNABIS ORGANIZATION REGULATIONS
A. Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.
B. Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.
C. At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
ADULT-USE CANNABIS PROCESSING ORGANIZATION: An Adult-Use Cannabis Processing Organization may be located only in the M-1 District, subject to the following:
A. Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.
B. Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-
existing property zoned or used for residential purposes.
C. At least 75% of the floor area of any tenant space occupied by a cannabis processing organization shall be devoted to the activities of the cannabis processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
DRAFT CANNABIS ORGANIZATION REGULATIONS
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION: An Adult-Use Cannabis Transporting Organization may be located only in the M-1 District, subject to the following:
A. Facility may not be located within 1,500 feet of the property line of a pre-existing public or
private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.
B. Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-
existing property zoned or used for residential purposes.
C. At least 75% of the floor area of any tenant space occupied by a cannabis transporting organization shall be devoted to the activities of the cannabis transporting organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
