Bill Text: IL HB5472 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Local Cannabis Licensing Act. Provides that a governmental unit (a county or municipality) may issue licenses for temporary events, cannabis clubs, and cannabis tours that will allow for the sale and consumption of cannabis or cannabis-infused products and for the sale of cannabis paraphernalia at such temporary events, clubs, or tours. Allows tours of cannabis craft grower or cultivation center facilities. Requires ordinances with specified regulations of such temporary events, cannabis clubs, and cannabis tours before any licenses are issued. Limits home rule powers. Amends the Cannabis Regulation and Tax Act and Smoke Free Illinois Act making conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5472 Detail]

Download: Illinois-2019-HB5472-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5472 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
New Act
410 ILCS 82/35
410 ILCS 705/10-35
410 ILCS 705/55-25
Creates the Local Cannabis Licensing Act. Provides that a governmental unit (a county or municipality) may issue licenses for temporary events, cannabis clubs, and cannabis tours that will allow for the sale and consumption of cannabis or cannabis-infused products and for the sale of cannabis paraphernalia at such temporary events, clubs, or tours. Allows tours of cannabis craft grower or cultivation center facilities. Requires ordinances with specified regulations of such temporary events, cannabis clubs, and cannabis tours before any licenses are issued. Limits home rule powers. Amends the Cannabis Regulation and Tax Act and Smoke Free Illinois Act making conforming changes. Effective immediately.
LRB101 20538 AWJ 70152 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5472 LRB101 20538 AWJ 70152 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Local
Cannabis Licensing Act.
Section 5. Definitions. As used in this Act:
"Cannabis business establishment", "cannabis",
"cannabis-infused product", "cannabis paraphernalia", "craft
grower", "cultivation center", "dispensing organization", and
"dispensing organization agent" have the meanings given to
those terms in the Cannabis Regulation and Tax Act.
"Cannabis club" means a public or private restaurant, bar,
or other business licensed under Section 15 that allows
communal consumption of cannabis or cannabis-infused products
on premises.
"Governmental unit" means a county or municipality.
Section 10. Temporary event licenses.
(a) The consumption and sale of cannabis, cannabis-infused
products, or cannabis paraphernalia at a temporary event is
subject to regulation by a municipality, for events within the
municipality, and a county, for events outside of a
municipality.

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(b) A person conducting a temporary event for the
consumption and sale of cannabis, cannabis-infused products,
or cannabis paraphernalia must hold a temporary event license
issued by the governmental unit for the premises at which the
temporary event is conducted.
(c) An applicant for a temporary event license under this
Section must:
(1) apply for the license in the manner required by
ordinance of the governmental unit;
(2) provide proof that the applicant is 21 years of age
or older; and
(3) submit a plan to the governmental unit, in a form
and manner prescribed by the governmental unit, detailing
how persons under 21 years of age will be prevented from
gaining access to the premises at which the temporary event
is to be conducted.
(d) The premises at which an applicant intends to conduct a
temporary event may not be located:
(1) in an area that is zoned exclusively for
residential use; or
(2) within 1,000 feet of a public or private elementary
or secondary school.
(e) An applicant for a temporary event license under this
Section and the premises at which the temporary event is to be
conducted must meet the requirements of any ordinance adopted
by the governmental unit under this subsection.

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Before a governmental unit may issue any temporary event
license under this Section, the governmental unit must adopt an
ordinance which includes:
(1) application and licensure fees for a license issued
under this Section;
(2) the maximum term of a license issued under this
Section;
(3) a prohibition on licenses issued under this Section
from being continuously issued for a single location;
(4) a requirement that sold on a premises for which a
license has been issued under this Section will be sold by
a cannabis business establishment;
(5) allowing the consumption of cannabis or
cannabis-infused products in designated areas of a
premises for which a license has been issued under this
Section;
(6) a requirement that each enclosed portion of a
premises for which a license has been issued under this
Section where cannabis or cannabis-infused products are
smoked, aerosolized, or vaporized must have a ventilation
system that:
(A) exhausts smoke, aerosols, and vapors from that
portion of the premises; and
(B) is designed and terminated in accordance with
building code standards for the applicable occupancy
classification; and

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(7) a requirement that a premises for which a license
has been issued under this Section must meet any public
health and safety standards and industry best practices
established by the governmental unit by rule or ordinance.
The governmental unit may not adopt an ordinance or rule
that:
(1) prohibits a person that holds a license issued
under this Section from adopting policies that allow
persons attending the temporary event to bring cannabis,
cannabis-infused products, or cannabis paraphernalia into
the temporary event; or
(2) imposes public health or safety standards on
temporary events if those standards serve no purpose other
than deterring the consumption of cannabis or
cannabis-infused products at a temporary event.
(f) License fees adopted under of this Section must be
reasonably related to the cost of inspecting and regulating the
temporary event.
Section 15. Cannabis clubs.
(a) The consumption of cannabis or cannabis-infused
products at a cannabis club is subject to regulation by a
municipality, for cannabis clubs within the municipality, and a
county, for cannabis clubs outside of a municipality.
(b) A person operating a cannabis club must hold a cannabis
club license issued by the governmental unit for the premises

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at which the consumption occurs.
(c) An applicant for a cannabis club license under this
Section must:
(1) apply for the license in the manner required by
ordinance of the governmental unit; and
(2) provide proof that the applicant is 21 years of age
or older.
(d) The premises at which an applicant intends to have a
cannabis club may not be located:
(1) in an area that is zoned exclusively for
residential use; or
(2) within 1,000 feet of a public or private elementary
or secondary school.
(e) An applicant for a cannabis club license under this
Section and the premises at which the cannabis club is to be
located must meet the requirements of any ordinance adopted by
the governmental unit under this subsection. The ordinance must
include:
(1) a requirement that a person that holds a license
must renew the license annually;
(2) fees for the application, licensure, and renewal of
licensure for a license;
(3) a restriction on the consumption of cannabis or
cannabis-infused products to designated enclosed areas of
a premises for which a license has been issued;
(4) a prohibition of the production, propagation, and

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processing of cannabis, cannabis-infused products, or
cannabis paraphernalia on a premises for which a license
has been issued;
(5) a requirement that cannabis, cannabis-infused
products, or cannabis paraphernalia sold on a premises for
which a license has been issued shall be sold by a
dispensing organization;
(6) a requirement that each enclosed portion of a
premises for which a license has been issued under this
Section where cannabis or cannabis-infused products are
smoked, aerosolized, or vaporized must have a ventilation
system that:
(A) exhausts smoke, aerosols, and vapors from that
portion of the premises; and
(B) is designed and terminated in accordance with
building code standards for the applicable occupancy
classification; and
(7) a requirement that a premises for which a license
has been issued under this Section must meet any public
health and safety standards and industry best practices
established by the governmental unit by rule or ordinance.
The governmental unit may not adopt an ordinance or rule
that:
(1) prohibits a person that holds a license issued
under this Section from adopting policies that allow
persons present at the cannabis club to bring cannabis,

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cannabis-infused products, or cannabis paraphernalia into
the cannabis club; or
(2) imposes public health or safety standards on
cannabis clubs if those standards serve no purpose other
than deterring the consumption of cannabis or
cannabis-infused products at a cannabis club.
(f) License fees adopted under of this Section must be
reasonably related to the cost of inspecting and regulating the
cannabis club.
(g) If any provision of this Section conflicts with
paragraph (8) of Section 35 of the Smoke Free Illinois Act
relating to a dispensing organization, the provisions of
paragraph (8) of Section 35 of the Smoke Free Illinois Act
prevail.
Section 20. Cannabis tours.
(a) A craft grower or cultivation center may offer tours to
the public of its licensed facility.
(b) A tour may be offered only to persons who are 21 years
of age or older.
(c) A craft grower or cultivation center that offers tours
under this Section may enter into a contract with a dispensing
organization to allow an dispensing organization agent to sell
cannabis, cannabis-infused products, or cannabis paraphernalia
during the tour on the premises of the craft grower or
cultivation center offering the tour.

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(d) The governmental unit may:
(1) require a craft grower or cultivation center to
submit to the governmental unit, in a form and manner
prescribed by the governmental unit, a plan that details
how the craft grower or cultivation center will:
(A) prevent persons who are under 21 years of age
from entering the premises of the craft grower or
cultivation center during a tour; and
(B) ensure the health and safety of persons taking
a tour; or
(2) adopt ordinances or rules as necessary to carry out
the provisions of this Section.
Section 25. Home rule. A home rule unit may not regulate or
license temporary events, cannabis clubs, or cannabis tours in
a manner inconsistent with this Act. This Act is a limitation
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of powers and functions exercised by the State.
Section 900. The Smoke Free Illinois Act is amended by
changing Section 35 as follows:
(410 ILCS 82/35)
Sec. 35. Exemptions. Notwithstanding any other provision
of this Act, smoking is allowed in the following areas:

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(1) Private residences or dwelling places, except when
used as a child care, adult day care, or healthcare
facility or any other home-based business open to the
public.
(2) Retail tobacco stores as defined in Section 10 of
this Act in operation prior to the effective date of this
amendatory Act of the 95th General Assembly. The retail
tobacco store shall annually file with the Department by
January 31st an affidavit stating the percentage of its
gross income during the prior calendar year that was
derived from the sale of loose tobacco, plants, or herbs
and cigars, cigarettes, pipes, or other smoking devices for
smoking tobacco and related smoking accessories. Any
retail tobacco store that begins operation after the
effective date of this amendatory Act may only qualify for
an exemption if located in a freestanding structure
occupied solely by the business and smoke from the business
does not migrate into an enclosed area where smoking is
prohibited. A retail tobacco store may, with authorization
or permission from a unit of local government, including a
home rule unit, or any non-home rule county within the
unincorporated territory of the county, allow the
on-premises consumption of cannabis in a specially
designated areas.
(3) (Blank).
(4) Hotel and motel sleeping rooms that are rented to

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guests and are designated as smoking rooms, provided that
all smoking rooms on the same floor must be contiguous and
smoke from these rooms must not infiltrate into nonsmoking
rooms or other areas where smoking is prohibited. Not more
than 25% of the rooms rented to guests in a hotel or motel
may be designated as rooms where smoking is allowed. The
status of rooms as smoking or nonsmoking may not be
changed, except to permanently add additional nonsmoking
rooms.
(5) Enclosed laboratories that are excluded from the
definition of "place of employment" in Section 10 of this
Act. Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of
the Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules;
any purported rule not so adopted, for whatever reason, is
unauthorized.
(6) Common smoking rooms in long-term care facilities
operated under the authority of the Illinois Department of
Veterans' Affairs or licensed under the Nursing Home Care
Act that are accessible only to residents who are smokers
and have requested in writing to have access to the common
smoking room where smoking is permitted and the smoke shall
not infiltrate other areas of the long-term care facility.
Rulemaking authority to implement this amendatory Act of

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the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of
the Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules;
any purported rule not so adopted, for whatever reason, is
unauthorized.
(7) A convention hall of the Donald E. Stephens
Convention Center where a meeting or trade show for
manufacturers and suppliers of tobacco and tobacco
products and accessories is being held, during the time the
meeting or trade show is occurring, if the meeting or trade
show:
(i) is a trade-only event and not open to the
public;
(ii) is limited to attendees and exhibitors that
are 21 years of age or older;
(iii) is being produced or organized by a business
relating to tobacco or a professional association for
convenience stores; and
(iv) involves the display of tobacco products.
Smoking is not allowed in any public area outside of
the hall designated for the meeting or trade show.
This paragraph (7) is inoperative on and after October
1, 2015.
(8) A dispensing organization, as defined in the
Cannabis Regulation and Tax Act, authorized or permitted by

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a unit local government to allow on-site consumption of
cannabis, if the establishment: (1) maintains a specially
designated area or areas for the purpose of heating,
burning, smoking, or lighting cannabis; (2) is limited to
individuals 21 or older; and (3) maintains a locked door or
barrier to any specially designated areas for the purpose
of heating, burning, smoking or lighting cannabis.
(9) Temporary events, cannabis clubs, or cannabis
tours licensed under the Local Cannabis Licensing Act.
(Source: P.A. 101-593, eff. 12-4-19.)
Section 905. The Cannabis Regulation and Tax Act is amended
by changing Sections 10-35 and 55-25 as follows:
(410 ILCS 705/10-35)
Sec. 10-35. Limitations and penalties.
(a) This Act does not permit any person to engage in, and
does not prevent the imposition of any civil, criminal, or
other penalties for engaging in, any of the following conduct:
(1) undertaking any task under the influence of
cannabis when doing so would constitute negligence,
professional malpractice, or professional misconduct;
(2) possessing cannabis:
(A) in a school bus, unless permitted for a
qualifying patient or caregiver pursuant to the
Compassionate Use of Medical Cannabis Program Act;

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(B) on the grounds of any preschool or primary or
secondary school, unless permitted for a qualifying
patient or caregiver pursuant to the Compassionate Use
of Medical Cannabis Program Act;
(C) in any correctional facility;
(D) in a vehicle not open to the public unless the
cannabis is in a reasonably secured, sealed container
and reasonably inaccessible while the vehicle is
moving; or
(E) in a private residence that is used at any time
to provide licensed child care or other similar social
service care on the premises;
(3) using cannabis:
(A) in a school bus, unless permitted for a
qualifying patient or caregiver pursuant to the
Compassionate Use of Medical Cannabis Program Act;
(B) on the grounds of any preschool or primary or
secondary school, unless permitted for a qualifying
patient or caregiver pursuant to the Compassionate Use
of Medical Cannabis Program Act;
(C) in any correctional facility;
(D) in any motor vehicle;
(E) in a private residence that is used at any time
to provide licensed child care or other similar social
service care on the premises;
(F) in any public place; or

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(G) knowingly in close physical proximity to
anyone under 21 years of age who is not a registered
medical cannabis patient under the Compassionate Use
of Medical Cannabis Program Act;
(4) smoking cannabis in any place where smoking is
prohibited under the Smoke Free Illinois Act;
(5) operating, navigating, or being in actual physical
control of any motor vehicle, aircraft, watercraft, or
snowmobile while using or under the influence of cannabis
in violation of Section 11-501 or 11-502.1 of the Illinois
Vehicle Code, Section 5-16 of the Boat Registration and
Safety Act, or Section 5-7 of the Snowmobile Registration
and Safety Act;
(6) facilitating the use of cannabis by any person who
is not allowed to use cannabis under this Act or the
Compassionate Use of Medical Cannabis Program Act;
(7) transferring cannabis to any person contrary to
this Act or the Compassionate Use of Medical Cannabis
Program Act;
(8) the use of cannabis by a law enforcement officer,
corrections officer, probation officer, or firefighter
while on duty; nothing in this Act prevents a public
employer of law enforcement officers, corrections
officers, probation officers, paramedics, or firefighters
from prohibiting or taking disciplinary action for the
consumption, possession, sales, purchase, or delivery of

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cannabis or cannabis-infused substances while on or off
duty, unless provided for in the employer's policies.
However, an employer may not take adverse employment action
against an employee based solely on the lawful possession
or consumption of cannabis or cannabis-infused substances
by members of the employee's household. To the extent that
this Section conflicts with any applicable collective
bargaining agreement, the provisions of the collective
bargaining agreement shall prevail. Further, nothing in
this Act shall be construed to limit in any way the right
to collectively bargain over the subject matters contained
in this Act; or
(9) the use of cannabis by a person who has a school
bus permit or a Commercial Driver's License while on duty.
As used in this Section, "public place" means any place
where a person could reasonably be expected to be observed by
others. "Public place" includes all parts of buildings owned in
whole or in part, or leased, by the State or a unit of local
government. "Public place" includes all areas in a park,
recreation area, wildlife area, or playground owned in whole or
in part, leased, or managed by the State or a unit of local
government. "Public place" does not include: a private
residence unless the private residence is used to provide
licensed child care, foster care, or other similar social
service care on the premises; or a temporary event, a cannabis
club, or a cannabis tour licensed under the Local Cannabis

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Licensing Act.
(b) Nothing in this Act shall be construed to prevent the
arrest or prosecution of a person for reckless driving or
driving under the influence of cannabis, operating a watercraft
under the influence of cannabis, or operating a snowmobile
under the influence of cannabis if probable cause exists.
(c) Nothing in this Act shall prevent a private business
from restricting or prohibiting the use of cannabis on its
property, including areas where motor vehicles are parked.
(d) Nothing in this Act shall require an individual or
business entity to violate the provisions of federal law,
including colleges or universities that must abide by the
Drug-Free Schools and Communities Act Amendments of 1989, that
require campuses to be drug free.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/55-25)
Sec. 55-25. Local ordinances. Unless otherwise provided
under this Act or under the Local Cannabis Licensing Act or
otherwise in accordance with State law:
(1) A unit of local government, including a home rule
unit or any non-home rule county within the unincorporated
territory of the county, may enact reasonable zoning
ordinances or resolutions, not in conflict with this Act or
rules adopted pursuant to this Act, regulating cannabis
business establishments. No unit of local government,

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including a home rule unit or any non-home rule county
within the unincorporated territory of the county, may
prohibit home cultivation or unreasonably prohibit use of
cannabis authorized by this Act.
(2) A unit of local government, including a home rule
unit or any non-home rule county within the unincorporated
territory of the county, may enact ordinances or rules not
in conflict with this Act or with rules adopted pursuant to
this Act governing the time, place, manner, and number of
cannabis business establishment operations, including
minimum distance limitations between cannabis business
establishments and locations it deems sensitive, including
colleges and universities, through the use of conditional
use permits. A unit of local government, including a home
rule unit, may establish civil penalties for violation of
an ordinance or rules governing the time, place, and manner
of operation of a cannabis business establishment or a
conditional use permit in the jurisdiction of the unit of
local government. No unit of local government, including a
home rule unit or non-home rule county within an
unincorporated territory of the county, may unreasonably
restrict the time, place, manner, and number of cannabis
business establishment operations authorized by this Act.
(3) A unit of local government, including a home rule
unit, or any non-home rule county within the unincorporated
territory of the county may authorize or permit the

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on-premises consumption of cannabis at or in a dispensing
organization or retail tobacco store (as defined in Section
10 of the Smoke Free Illinois Act) within its jurisdiction
in a manner consistent with this Act. A dispensing
organization or retail tobacco store authorized or
permitted by a unit of local government to allow on-site
consumption shall not be deemed a public place within the
meaning of the Smoke Free Illinois Act.
(4) A unit of local government, including a home rule
unit or any non-home rule county within the unincorporated
territory of the county, may not regulate the activities
described in paragraph (1), (2), or (3) in a manner more
restrictive than the regulation of those activities by the
State under this Act. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units
of powers and functions exercised by the State.
(5) A unit of local government, including a home rule
unit or any non-home rule county within the unincorporated
territory of the county, may enact ordinances to prohibit
or significantly limit a cannabis business establishment's
location.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
Section 999. Effective date. This Act takes effect upon
becoming law.