SB1612 102ND GENERAL ASSEMBLY

LRB102 15938 CPF 21308 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1612

Introduced 2/26/2021, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

410 ILCS 705/55-25

Amends the Cannabis Regulation and Tax Act. Provides that to pay any claim for death, injury, or property damage that may be brought against a dispensing organization or retail store, under any theory of recovery, arising from the on-premises consumption of cannabis, the dispensing organization or retail store authorized or permitted by a unit of local government to allow on-site consumption must carry liability insurance coverage in amounts not less than the maximum liability amounts set forth in specified provisions of the Liquor Control Act of 1934 for liability insurance coverage regarding the sale of alcoholic liquor.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Cannabis Regulation and Tax Act is amended by changing Section 55-25 as follows:

(410 ILCS 705/55-25)

Sec. 55-25. Local ordinances. Unless otherwise provided under this 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, 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 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. To pay any claim for death, injury, or property damage that may be brought against the dispensing organization or retail store, under any theory of recovery, arising from the on-premises consumption of cannabis, a dispensing organization or retail store authorized or permitted by a unit of local government to allow on-site consumption must carry liability insurance coverage in amounts not less than the maximum liability amounts set forth in subsection (a) of Section 6-21 of the Liquor Control Act of 1934 for liability insurance coverage regarding the sale of alcoholic liquor.

(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.)