2020-01-06 - Village Board Regular Meeting - Agenda PacketFifty Raupp Blvd
Buffalo Grove, IL 60089-2100
Phone: 847-459-2500
A. Pledge of Allegiance
2. Approval of Minutes
A. Village Board - Regular Meeting - Dec 2, 2019 7:30 PM
3. Approval of Warrant
A. Approval of Warrant #1309 (Trustee Weidenfeld) (Staff Contact: Andrew Brown)
4. Village President's Report
A. Appointment of EMA Deputy Coordinator (Trustee Smith) (Staff Contact: Mike Baker)
S. Village Manager's Report
A. Promotion of a Lieutenant and Sergeant and Introduction of Newest Police Officer
(Trustee Smith) (Staff Contact: Steven Casstevens)
B. Storm Ready Community Recognition (Trustee Smith) (Staff Contact: Mike Baker)
6. Special Business
7. Reports from Trustees
8. Consent Agenda
All items listed on the Consent Agenda, which are available in this room this evening, are
considered to be routine by the Village Board and will be enacted by one motion. There will be
no separate discussion of these items unless a Board member or citizen so requests, in which
event, the item will be removed from the General Order of Business and considered after all other
items of business on the Regular Agenda under New Business. (Attached).
A. 0-2020-1 Ordinance Prohibiting the Use of Groundwater as a Potable Water Supply by
the Installation or Use of Potable Water Supply Wells or by Any Other Method. (Trustee
Stein) (Staff Contact: Darren Monico)
SUMMARY: The Illinois Environmental Protection Agency has determined that the area
around Milwaukee Avenue from Deerfield Parkway to Pekara Drive has groundwater
contamination that is unsafe for new potable water wells and is requesting the Village to
restrict new wells in this area.
B. 0-2020-2 Ordinance Amending Chapter 5.20, Liquor Controls (President Sussman)
(Staff Contact: Julie Kamka)
SUMMARY: A Class B liquor license is reserved for Sky Fitness Cafe, Inc. d/b/a Sky Spa
& Lounge at 1501 Busch Parkway. This reservation is subject to the applicant
completing Village requirements for said license on or before April 27, 2020. The Village
Manager shall have the authority to extend the April 27, 2020 date for good cause shown.
If not so extended, this reservation shall cease.
C. 0-2020-3 Ordinance Amending Chapter 5.20, Liquor Controls: Booming, Inc (President
Sussman) (Staff Contact: Julie Kamka)
SUMMARY: Booming, Inc. at 360 Half Day Road has filed with the Illinois Secretary of
State's Office on August 30, 2019 to use the Assumed Name of Yan Yan Chinese
Cuisine.
D. 0-2020-4 Ordinance Amending the Village Code Regarding Violations of the Cannabis
Regulation and Tax Act (Trustee Smith) (Staff Contact: Chris Stilling)
SUMMARY: In response to the Cannabis Regulation and Tax Act (CRTA), which took
effect on January 1, 2020, staff is requesting amendments to Chapter 2 (Table 2.62.015-
1), Chapter 5 and Chapter 9 of the Municipal Code. The proposed amendments are
necessary to ensure that the Village can adjudicate any violation of these regulations
through the Village's Administrative Adjudication process.
E. 0-2020-5 Approve an Ordinance Granting a Special Use for a Recreational Use at 1380
Busch Parkway (Trustee Weidenfeld) (Staff Contact: Chris Stilling)
SUMMARY: The petitioners are proposing to operate a Golf Simulator Facility, WJ Sports
Entertainment at 1380 Busch Parkway. The 3,337 square foot facility is currently vacant.
Pursuant to the Zoning Ordinance, a recreational use is a special use in the Industrial
District.
9. Ordinances and Resolutions
A. 0-2020-6 Ordinance Approving a Special Use for an Adult -Use Cannabis Dispensary,
Which Includes a Medical Cannabis Dispensary in the B3 Planned Business Center
District for the Property at 830-840 Milwaukee Avenue (Trustee Johnson) (Staff Contact:
Chris Stilling)
B. R-2020-1 Resolution Approving a Development and Operating Agreement Between the
Village of Buffalo Grove and PDI Medical III, LLC (Trustee Johnson) (Staff Contact:
Chris Stilling)
10. Unfinished Business
11. New Business
A. Power Supply Agreement with MC Squared (Trustee Weidenfeld) (Staff Contact: Jenny
Maltas)
12. Questions From the Audience
Questions from the audience are limited to items that are not on the regular agenda. In
accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the
audience will be limited to 10 minutes and should be limited to concerns or comments regarding
issues that are relevant to Village business. All members of the public addressing the Village
Board shall maintain proper decorum and refrain from making disrespectful remarks or comments
relating to individuals. Speakers shall use every attempt to not be repetitive of points that have
been made by others. The Village Board may refer any matter of public comment to the Village
Manager, Village staff or an appropriate agency for review.
13. Adjournment
The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m.
The Board, does, however, reserve the right to defer consideration of matters to another meeting
should the discussion run past 10:30 p.m.
The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act, requests that
persons with disabilities, who require certain accommodations to allow them to observe and/or
participate in this meeting or have questions about the accessibility of the meeting or facilities,
contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable
accommodations for those persons.
2.A
MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE HELD IN THE JEFFREY S. BRAIMAN COUNCIL CHAMBERS,
VILLAGE HALL, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON
MONDAY, DECEMBER 2, 2019
CALL TO ORDER
President Sussman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the
Flag.
ROLL CALL
Roll call indicated the following present: President Sussman; Trustees Stein, Ottenheimer, Weidenfeld, Johnson y
Smith and Pike.
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Also present were: Dane Bragg, Village Manager; Patrick Brankin, Village Attorney; Jenny Maltas, Deputy
Village Manager; Chris Stilling, Deputy Village Manager; Andrew Brown, Deputy Finance Director; Art o
Malinowski, Director of Human Resources; Katie Golbach, Human Resources Management Analyst; Brett
Robinson, Director of Purchasing; Evan Michel, Management Analyst; Darren Monico, Village Engineer; Mike o
Reynolds, Director of Public Works; Mike Skibbe, Deputy Director of Public Works; Bryan Beitzel, Q-
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Maintenance Superintendent; Dave Haisma, Public Works; Julie Dziewior, Deputy Clerk; Geoff Tollefson, Q
Director of Golf Operations; Police Chief Casstevens; Fire Chief Baker. Is
APPROVAL OF MINUTES
Moved by Johnson, seconded by Ottenheimer, to approve the minutes of the October 21, 2019 Regular Meeting
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
Moved by Weidenfeld, seconded by Ottenheimer, to approve the minutes of the October 28, 2019 Special
Meeting. Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
Moved by Weidenfeld, seconded by Johnson, to approve the minutes of the November 4, 2019 Regular Meeting.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
Moved by Stein, seconded by Smith, to approve the minutes of the November 18, 2019 Special Meeting.
It was requested that the word "general' be inserted before "wage increases" in the second line of the last
paragraph in the FY 2020 Budget Presentation. Trustees Stein and Smith approved the amended minutes. Upon
roll call, Trustees voted as follows on the amended minutes:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
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WARRANT #1308
Mr. Brown read Warrant #1308. Moved by Ottenheimer, seconded by Johnson, to approve Warrant #1308 in the
amount of $5,440,291.81 authorizing payment of bills listed. Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
VILLAGE PRESIDENT'S REPORT
President Sussman appointed Stuart G. Berman to the Board of Fire and Police Commissioners. Moved by
Stein, seconded by Smith, to concur with President Sussman's appointment. Upon roll call, Trustees voted as 3
follows:
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AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike o
NAYS: 0 — None
Motion declared carried. o
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Mr. Berman stated that it is an honor to serve the Village of Buffalo Grove and thanked the Board for the Q
opportunity to do so. Is
VILLAGE MANAGER'S REPORT
Fire Chief Baker briefly reviewed the background of the Buffalo Grove Fire Department's newest member,
FF/PM Dustin Baniqued who was sworn in on November 11, 2019. FF/PM Baniqued was then presented with
his badge, which was pinned on by his wife, as he was congratulated by the audience and the Board.
Police Office Carlson briefly reviewed the Saved by the Belt Award, after which he described a traffic accident
in which Bob and Joyce Kang were involved and were saved from serious injury by use of their seat belts.
Mr. Reynolds reviewed the Village's Infrastructure Modernization Project, referring to a PowerPoint
presentation as he spoke. Further details of this project are contained in his memo of November 25, 2019 to
Mr. Bragg. Staff then answered questions from the Board. The Public Works Department was complimented
for their efforts in developing this plan.
Mr. Bragg announced the 2020 Village Board Meeting Schedule, noting that, if there were no objections from
the Board, staff will publish as required; there were no objections.
PUBLIC HEARING — FY 2020 BUDGET
At 7:58 P.M., President Sussman re -opened the Public Hearing continued from November 18, 2019 regarding
the FY 2020 Village Budget.
President Sussman asked if there were any questions or comments from the audience on the proposed 2020
budget; there were none.
President Sussman continued the Public Hearing until later on in the meeting.
REPORTS FROM TRUSTEES
Trustee Stein noted that he had received several questions from residents with regard to appealing their Property
Tax Assessments, and he reviewed the procedure to be followed for those appeals.
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CONSENT AGENDA
President Sussman explained the Consent Agenda, stating that any member of the audience or the Board could
request that an item be removed for full discussion. The Village Clerk read a brief synopsis of each of the items
on the Consent Agenda.
Utility Easement Agreement
Motion to approve utility easement in Outlot A of the Roslyn Woods Subdivision pending Attorney review.
Motion to approve authorization to seek competitive bids for various projects.
Competitive Bids
Competitive Proposals
Motion to approve authorization to waive bids and seek competitive proposals for FY 2020 projects.
Cardiac Monitor Purchase
Motion to waive bids and authorize staff to purchase one replacement cardiac monitor at a total not to exceed
amount of $31,237.06 from Zoll Medical Corporation.
Resolution No. 2019-40 — Construction on State Highways
Motion to pass Resolution No. 2019-40 for construction on State highways as required by ]DOT.
Ordinance No. 2019-59 — LPA IDOT Agreement
Motion to pass Ordinance No. 2019-59, approval of LPA IDOT Agreement for the Raupp Boulevard Bridge.
Ordinance No. 2019-60 — 200 Timber Hill Road
Motion to pass Ordinance No. 2019-60, re -authorizing the Special Use for a Child Day Care Home in the R-5a
Residential Zoning District, 200 Timber Hill Road.
Ordinance No. 2019-61— 303 Gardenia Lane
Motion to pass Ordinance No. 2019-61, re -authorizing the Special Use for a Child Day Care Home in the R-9
Residential Zoning District, 303 Gardenia Lane.
Ordinance No. 2019-62 — 330 University Drive
Motion to pass Ordinance No. 2019-62, re -authorizing the Special Use for a Child Day Care Home in the R-5a
Residential Zoning District, 330 University Drive.
Ordinance No. 2019-63 — 315 Gardenia Lane
Motion to pass Ordinance No. 2019-63, re -authorizing the Special Use for a Child Day Care Home in the R-9
Residential Zoning District, 315 Gardenia Lane
Ordinance No. 2019-64 — 371 Springside
Motion to pass Ordinance No. 2019-64, re -authorizing the Special Use for a Child Day Care Home in the R-4a
Residential Zoning District, 371 Springside Lane.
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Ordinance No. 2019-65 — 554 Patton Drive
Motion to pass Ordinance No. 2019-65, re -authorizing the Special Use for a Child Day Care Home in the R-5a
Residential Zoning District, 554 Patton Drive.
Ordinance No. 2019-66 — 621 Harris Drive
Motion to pass Ordinance No. 2019-66, re -authorizing the Special Use for a Child Day Care Home in the R-9
Residential Zoning District, 621 Harris Drive.
Ordinance No. 2019-67 — 47 Chestnut Terrace
Motion to pass Ordinance No. 2019-67, re -authorizing the Special Use for a Child Day Care Home in the R-4
Residential Zoning District, 47 Chestnut Terrace. rn
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Ordinance No. 2019-68 — Fee & Fine Ubdate r-
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Motion to pass Ordinance No. 2019-68, updating the Fee and Fine Ordinance. o
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Ordinance No. 2019-69 — Raffles o
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Motion to pass Ordinance No. 2019-69, amending Chapter 5.09 — Raffles. Q
Moved by Smith, seconded by Ottenheimer, to approve the Consent Agenda. Upon roll call, Trustees voted as
follows on the Consent Agenda:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried
ORDINANCE NO. 2019- 70 - GENERAL OBLIGATION BONDS 2010B
Moved by Weidenfeld, seconded by Johnson, to pass Ordinance No. 2019-70, refunding General Obligation
Bonds 2010B, in accordance with materials contained in Board packets and on the dais tonight.
Trustee Stein recused himself from this discussion.
Mr. Brown reviewed the proposed ordinance, details of which are contained in his memo to the Village Board
and Mr. Bragg of December 2, 2019.
Anthony Miceli, Senior Vice President of Speer Financial, Inc., further reviewed the bidding process.
Upon roll call, Trustees voted as follows:
AYES: 5 — Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
RECUSED: 1 — Stein
Motion declared carried.
RESOLUTION NO.2019-41 — BUFFALO GROVE ROAD PROJECT
Moved by Stein, seconded by Smith, to pass Resolution No. 2019-41, approving the Buffalo Grove Road Project
Specific Agreement, in accordance with materials contained in Board packets.
Mr. Monico reviewed the proposed ordinance, details of which are contained in his memo to Ms. Maltas of
November 20, 2019, after which staff answered questions from the Board.
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Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
RESOLUTION NO. 2019-42 — BUFFALO GROVE ROAD
Moved by Stein, seconded by Weidenfeld, to pass Resolution No. 2019-42, approving a Dedication of Right of
Way and Grant of Easements — Buffalo Grove Road.
Mr. Monico reviewed the proposed resolution, details of which are contained in his memo to Ms. Maltas of
November 21, 2019.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
RESOLUTION NO. 2019-43 — PERSONNEL MANUAL
Moved by Ottenheimer, seconded by Stein, to pass Resolution No. 2019-43, amending the Village's Personnel
Manual to include an updated Drug and Alcohol Free Workplace Policy, in accordance with materials contained
in Board packets.
Ms. Maltas reviewed the proposed resolution, details of which are contained in Mr. Malinowski's memo to her
and Mr. Bragg of November 26, 2019, after which she and Mr. Bragg answered questions from the Board.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO. 2019-71— CUSTODIAL SERVICES
Moved by Pike, seconded by Ottenheimer, to pass Ordinance No. 2019-71, to authorize the Village President to
execute an agreement for Custodial Services with Crystal Maintenance Services Corporation pending final
review and approval of the agreement by the Village Attorney.
Mr. Robinson reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of
November 18, 2019, after which he answered questions from the Board.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO.2019-72 — `BEET HEET"
Moved by Pike, seconded by Smith, to pass Ordinance No. 2019-72, authorizing waiver of bids and purchase of
"Beet Heet" from K-Tech Specialty Products at a price not to exceed $56,000.00 for the 2019-2020 snow season.
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Mr. Robinson reviewed the proposed ordinance, details of which are contained in the memo from Bryan Beitzel
to Mr. Bragg of November 21, 2019, after which he answered questions from the Board.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO. 2019-73 — LINK CROSSING
Moved by Johnson, seconded by Weidenfeld, to pass Ordinance No. 2019-73, granting variations to the Sign
Code for Link Crossing Development Signs in accordance with materials contained in Board packets.
Mr. Stilling reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of
November 21, 2019.
After Board discussion with regard to the signs, Greg Heinrich, K. Hovnanian Homes, agreed to remove the
"Model Open" banners, and the motion was amended to remove "Sign N" from the proposed ordinance.
Trustees Johnson and Weidenfeld concurred with the amendment.
Upon roll call, Trustees voted as follows on the amended motion:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO.2019-74 —1525 DEERFIELD PARKWAY
Moved by Weidenfeld, seconded by Johnson, to pass Ordinance No. 2019-74, granting an amendment to
Planned Development Ordinance No. 2016-66 to allow for a new automobile service station with variations to
the Zoning Ordinance and Sign Code for the property located at 1525 Deerfield Parkway, in accordance with
materials contained in Board packets.
Mr. Stilling reviewed the proposed ordinance, details of which may be found in his memo to Mr. Bragg of
November 21, 2019. Several members of the Board had questions, which were answered and clarified by Mr.
Stilling and James Arneson, representing Woodman's. Mr. Stilling confirmed that there have been no issues at
all with the current service station on the Woodman's property.
Several residents of nearby properties noted concerns about gasoline getting into the wells that supply their
water, safety of an unattended gas station, and the need for a third gas station in the immediate area. They were
assured by Mr. Arneson that the tanks are double walled so there is no danger of gasoline leaking into the water
supply, that safety concerns have been addressed, and that the success of the current Woodman's facility
indicates that the demand exists for this proposal.
Upon roll call, Trustees voted as follows:
AYES: 5 — Stein, Ottenheimer, Johnson, Smith, Pike
NAYS: 1 — Weidenfeld
Motion declared carried.
ORDINANCE # 2019-75 — 723 HASTINGS
Moved by Johnson, seconded by Smith, to pass Ordinance No. 2019-75, granting a Special Use for a
Nonacademic School, Class and Instruction (Fitness Facility) in the Industrial District at 723 Hastings, in
accordance with materials contained in Board packets.
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Mr. Stilling reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of
November 21, 2019.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
ORDINANCE # 2019-76 — LEVY & COLLECTION OF TAXES
Moved by Weidenfeld, seconded by Ottenheimer, to pass Ordinance No. 2019-76, for the levy and collection of
taxes for the fiscal year commencing on the 1 sr day of January 2020 and ending on the 3 1 " day of December
2020, in accordance with materials contained in Board packets.
Mr. Brown reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of
November 21, 2019.
Upon roll call, Trustees voted as follows:
AYES: 5 — Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
ABSTAIN: 1 — Stein
Motion declared carried.
ORDINANCE # 2019-77 — TAX ABATEMENT
Moved by Weidenfeld, seconded by Stein, to pass Ordinance No. 2019-77, abating taxes levied for the Village of
Buffalo Grove, Cook and Lake Counties, Illinois
Mr. Brown reviewed the proposed ordinance, details of which are contained in the Village Board Meeting
Agenda Item Overview that he prepared.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
RESOLUTION NO. 2019-44 — LAKE COUNTY
Moved by Weidenfeld, seconded by Ottenheimer, to pass Resolution No. 2019-44, requesting the County of
Lake not to collect the Loss in Collection on Taxable Property, in accordance with materials contained in Board
packets.
Mr. Brown reviewed the proposed resolution, details of which are contained in the Village Board Meeting
Agenda Item Overview that he prepared.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
RESOLUTION NO. 2019-45 — COOK COUNTY
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Moved by Weidenfeld, seconded by Stein, to pass Resolution No. 2019-45, requesting the County of Cook not to
collect the Loss in Collection on Taxable Property, in accordance with materials contained in Board packets.
Mr. Brown reviewed the proposed resolution, details of which are contained in the Village Board Meeting
Agenda Item Overview that he prepared.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO. 2019-78 — FV 2020 BUDGET
Moved by Ottenheimer, seconded by Johnson, to pass Ordinance No. 2019-78, adopting the Fiscal Year 2020
(January] -December 31, 2020) Budget for the Village of Buffalo Grove
Mr. Brown reviewed the proposed resolution, details of which are contained in the Village Board Meeting
Agenda Item Overview that he prepared.
Trustee Ottenheimer commented that he is proud to support the proposed budget, noting that these are
challenging times in which to deliver the highest possible level of service in a fiscally responsible manner, and
he thanked Mr. Brown and the entire staff for their efforts in delivering this document.
Trustee Johnson also thanked Mr. Brown and the entire staff for their efforts; she noted that there is no increased
spending in this document other than mandated costs such as pensions and road improvements by the County.
The infrastructure replacement plan is the result of aging infrastructure and will be an asset to residents for many
years to come, and although they will increase, Buffalo Grove's water rates are still among the lowest in the
surrounding area.
President Sussman thanked the staff for their efforts in the budget compilation and presentation.
Upon roll call, Trustees voted as follows:
AYES: 5 — Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 1 — Stein
Motion declared carried.
President Sussman closed the Public Hearing at 9:29 P.M.
ORDINANCE NO. 2019-79 — MAP
Moved by Ottenheimer, seconded by Weidenfeld, to pass Ordinance No. 2019-79, approving a side Letter of
Agreement between the Village of Buffalo Grove and the Metropolitan Alliance of Police, which provides for a
2.5% increase for police patrol officers represented by the Metropolitan Alliance of Police, for the period of
January 1, 2020 through December 31, 2020 and is consistent with funds programmed in the Village's 2020
budget.
Mr. Malinowski reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of
November 19, 2019.
Upon roll call, Trustees voted as follows:
AYES: 5 — Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
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ABSTAIN: 1 — Stein
Motion declared carried.
RESOLUTION NO. 2019-46 — 2020 PAY RANGES
Moved by Weidenfeld, seconded by Johnson, to pass Resolution No. 2019-46, approving the 2020 Pay Ranges,
in accordance with materials contained in Board packets.
Mr. Malinowski reviewed the proposed resolution, details of which are contained in the memo that he and
Ms. Golbach sent to Mr. Bragg and Ms. Maltas on November 19, 2019.
Upon roll call, Trustees voted as follows:
AYES: 5 — Ottenheimer,
NAYS: 0 — None
ABSTAIN: 1 — Stein
Motion declared carried.
Weidenfeld, Johnson, Smith, Pike
RAFFLE LICENSE FEE
Moved by Ottenheimer, seconded by Weidenfeld, to approve a Raffle License Fee for St. Mary Parish, 10 N.
Buffalo Grove Road, in accordance with materials contained in Board packets.
Mrs. Dziewior reviewed the proposed request, details of which are contained in her memo to Mr. Bragg of
November 26, 2019.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
MEETING CANCELLATION
Moved by Johnson, seconded by Weidenfeld to cancel the December 16, 2019 Regular Meeting of the Buffalo
Grove Village Board. Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried
QUESTIONS FROM THE AUDIENCE
President Sussman reviewed the parameters to be followed by speakers and asked if there were any questions
from the audience on items not on tonight's agenda; there were no such questions.
ADJOURNMENT
Moved by Weidenfeld, seconded by Johnson, to adjourn the meeting. Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
The meeting was adjourned at 9:37 P.M.
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Janet M. Sirabian, Village Clerk
APPROVED BY ME THIS 6`" DAY OF January 2020
Village President
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Action Item : Approval of Warrant #1309
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Recommendation of Action
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Staff recommends approval.
TOTAL WARRANT #1309 5,417,652.03.
ATTACHMENTS:
• W#1309 SUMMARY (PDF)
Trustee Liaison
Weidenfeld
Monday, January 6, 2020
Staff Contact
Andrew Brown, Finance
Updated: 1/2/2020 3:33 PM
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VILLAGE OF BUFFALO GROVE WARRANT #1309
6-Jan-20
General Fund:
613,355.56
Parking Lot Fund:
1,319.29
Motor Fuel Tax Fund:
0.00
Debt Service Fund:
18,400.00
School & Park Donations
0.00
Capital Projects -Facilities:
0.00
Capital Projects -Streets:
276,686.98
Health Insurance Fund:
0.00
Facilities Development Debt Service Fund:
0.00
Retiree Health Savings (RHS):
0.00
Water Fund:
1,844,680.37
Buffalo Grove Golf Fund:
1,423.64
Arboretum Golf Fund:
3,147.71
Refuse Service Fund:
161,382.60
Information Technology Internal Service Fund:
1695694.70
Central Garage Internal Service Fund:
319,303.59
Building Maintenance Internal Service Fund:
72,727.14
3,482,121.58
PAYROLL PERIOD ENDING 12/12/19 991,955.47
PAYROLL PERIOD ENDING 12/26/19 943,574.98
1,935,530.45
TOTAL WARRANT #1309 5,417,652.03
APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, ILLINOIS
Village Clerk
Village President
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4.A
Action Item : Appointment of EMA Deputy Coordinator
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends appointment state agencies that oversee emergency management at their levels of
government.
Appointing Michael Fleming as the EMA Deputy Coordinator to comply with IEMA requirements and to act
on behalf of the Village of Buffalo Grove Emergency Management Agency for regional and Village
specific plans, training and other emergency management business with the county and state agencies
that oversee emergency management at their levels of government.
ATTACHMENTS:
• EMA Dep Coord Appt - 010620 (DOCX)
• EMA Dep Coord Appointment 2020 (DOCX)
Trustee Liaison
Smith
Monday, January 6, 2020
Staff Contact
Mike Baker, Fire
Updated: 12/30/2019 2:46 PM
Page 1
Packet Pg. 16
4.A.a
')LLA.'E OF
BUFFALO CROVE'
MEMORANDUM
DATE: December 20, 2019
TO: Dane Bragg, Village Manager
FROM: Mike Baker, Fire Chief/EMA Director
SUBJECT: EMA Deputy Coordinator Appointment
Background Information
As required by the Illinois Emergency Management Agency (IEMA), those serving in the emergency
management capacity on behalf of a municipality shall have an oath on file with their respective Clerk and
have an appointment document, which states their role for the agency. The oath and appointment give
the individual the ability to coordinate plans, training and other emergency management business with the
county and state agencies that oversee emergency management at their levels of government.
The Joint Emergency Management System (JEMS) Director is a component of the Villages' overall
emergency management program. At the direction of IEMA, his role is required to have an oath and
appointment on file with each municipality that his agency serves. The language for the oath is outlined in
the Illinois Emergency Management Act and acts as a formalization of the position that the JEMS Director
currently fills.
Recommendation
Staff recommends appointment of Michael Fleming as the EMA Deputy Coordinator to comply with IEMA
requirements and to act on behalf of the Village of Buffalo Grove Emergency Management Agency for
regional and Village specific plans, training and other emergency management business with the county
and state agencies that oversee emergency management at their levels of government.
Attachment
Packet Pg. 17
4.A.b
NOTICE OF APPOINTMENT
Michael Fleming
has been appointed emergency management agency (EMA) Deputy Coordinator of the Village of
Buffalo Grove, effective January 7, 2020
He has taken the Emergency Services and Disaster Agency Personnel Oath required by Section
20 of the Illinois Emergency Management Agency Act.
The EMA Deputy Coordinator shall have the direct responsibility within the political subdivision
for the implementation Section 10 of the above referenced Act.
January 7, 2020
Mailing Address
Business Phone
EOC Phone
I, Michael Fleming
Beverly Sussman, Village President
Mike Baker, Fire Chief/EMA Director
Residence Phone
Email Address
Cellular Phone
Fax
January 7, 2020
do solemnly swear that I will support and defend and bear true faith and allegiance to the
Constitution of the United States and the State of Illinois and the territory, institutions, and
facilities thereof both public and private, against all enemies, foreign and domestic; that I take
this obligation freely, without any mental reservation or ptupose of evasion; and that I will well
and faithfully discharge the duties upon which I am about to enter. And I do further swear that I
do not advocate, nor am I, nor have I been a member of any political party or organization that
advocates the overthrow of the of the government of the United States or of this State by force or
violence; and that during such time as I am affiliated with the Village of Buffalo Grove
Emergency Management Agency, I will not advocate nor become a member of any political
party or organization that advocates the overthrow of the government of the United States or this
State by force or violence.
Village of Buffalo Grove Signature
Signature of Notary Public
Packet Pg. 18
5.A
Information Item : Promotion of a Lieutenant and Sergeant and
Introduction of Newest Police Officer
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Staff recommends presentation.
A Promotional Oath of Office will be delivered by the Buffalo Grove Fire and Police Commissioners to the
Department's new Lieutenant, Brian Spolar and new Sergeant, Hector De La Paz. The Buffalo Grove
newest Police Officer Dawid Wojs will also be introduced.
Trustee Liaison
Smith
Monday, January 6, 2020
Staff Contact
Steven Casstevens, Police
Updated: 1/2/2020 1:37 PM
Page 1
Packet Pg. 19
5.B
Information Item : Storm Ready Community Recognition
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Staff recommends presentation.
The Storm Ready program developed by the National Weather Service (NWS) evaluates a municipal
emergency management program for its severe weather preparedness and response. The application
process involves documenting and demonstrating the entity's ability to monitor weather, receive alerts,
coordinate with stakeholders, and disseminate warnings.
ATTACHMENTS:
• Storm Ready Community- 010620 (DOCX)
• NWS Storm Ready 2019 (PDF)
Trustee Liaison Staff Contact
Smith Mike Baker, Fire
Monday, January 6, 2020
Updated: 1/2/2020 1:40 PM Page 1
Packet Pg. 20
S.B.a
')LLA.'E OF
BUFFALO CROVE'
MEMORANDUM
DATE: November 25, 2019
TO: Dane Bragg, Village Manager
FROM: Mike Baker, Fire Chief/EMA Director
SUBJECT: Presentation — StormReady Community
Background Information
The StormReady program developed by the National Weather Service (NWS) evaluates a municipal or
county emergency management program as it relates to severe weather preparedness and response.
The application process involves documenting and demonstrating the entity's ability to monitor weather,
receive alerts, coordinate with stakeholders, and disseminate warnings.
In early October 2019, representatives from the NWS, Illinois Emergency Management Agency (IEMA),
Illinois Emergency Management Services Association (IESMA), Cook County Department of Homeland
Security and Emergency Management, and Lake County Emergency Management Agency visited
Arlington Heights, Buffalo Grove, Elk Grove Village, Hoffman Estates, Inverness, Mount Prospect,
Schaumburg and Streamwood to perform the final evaluations in the process for becoming StormReady
communities.
Overall, the entire review board was very impressed with the applications and the site reviews. Their
praise was echoed in each visit to each applicant and again today, the NWS praised our initiatives during
a regional presentation unrelated to the StormReady visit. The NWS takes great pride in their
StormReady program, as it is the standard they promote across the nation in measuring a community's
preparedness for severe weather.
Recommendation
Staff recommends presentation of the StormReady recognition by Mick Fleming, Joint Emergency
Coordinator from Northwest Central Dispatch System.
Attachment
Packet Pg. 21
UNITED STATES DEPARTMENT OFCOMMERCE
National Oceanic and Atmospheric Administration
National Weather Service Forecast Office Chicago
333VV.University Drive
RomeoviUo.|L 60446'1804
October 2.2U19
Mike Baker
FineChieREMA Director
1861 Highland Grove Dr.
Buffalo Grove, |L6O080
Dear Mike:
0nbehalf ofthe 8bormReadv Advisory Board, congratulations onBuffalo Grove being certified ae
a StormReady Community. Your leadership and the progressive preparedness measures taken
byBuffalo Grove have been outstanding. Buffalo Grove isone uf80StormReadyCommunities in
Buffalo Grove has redundant methods of;
~ monitoring weather
" receiving watches and warnings from the National Weather Service (NVVS)
° disseminating severe weather warnings throughout the community
Buffalo Grove also has trained Skywarn storm spotters, communications with the NVVS.
educational outreach programs, a written severe weather preparedness plan, and has conducted
severe weather exercises.
Buffalo Grove is authorized to display the StormReady logo on official letterheads, brochures, and
other official documentation. The logo istrademarked and thus subject tncertain restrictions
requiring National Weather Service to monitor its use, so please send us copies or descriptions of
the way itigused. ./ can send the logo bzyou aoanemail attachment.
You will be provided with one StormReady road sign at the presentation ceremony. Additional
signs and stickers can be made at Oklahoma Correction Industries for $44.90 each (plus shipping
&hand|ing). |fyou want toorder signs, contact OC|ot4O5'Q64-72O0.
If Buffalo Grove participates in the National Flood Insurance Program, the StormReady
designation earns ISO community rating system points. This special StormReodydesignation will
expire after three years, so remember to update your application before October, 2022.
Again. congratulations, Buffalo Grove has a''protob/pe^ severe weather preparedness program
and isvery deserving ofthis prestigious recognition.
Si
MikeEardn
Warning Coordination Meteorologist
8.A
Ordinance No. 0-2020-1 : Ordinance Prohibiting the Use of
Groundwater as a Potable Water Supply by the Installation or Use of
Potable Water Supply Wells or by Any Other Method.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval. The IEPA has determined that any new potable wells in this area would not
be safe due to groundwater standards.
SUMMARY: The Illinois Environmental Protection Agency has determined that the area around
Milwaukee Avenue from Deerfield Parkway to Pekara Drive has groundwater contamination that is unsafe
for new potable water wells and is requesting the Village to restrict new wells in this area.
ATTACHMENTS:
• Ground Water Ordinance Memo 19-1210 (DOCX)
• Buffalo Grove GO (PDF)
Trustee Liaison
Stein
Monday, January 6, 2020
Staff Contact
Darren Monico, Public Works
Updated: 1/2/2020 1:38 PM
Page 1
Packet Pg. 23
8.A.a
VILLAC'E OF
BUFFALO .LCV'
MEMORANDUM
DATE:
December 18, 2019
TO:
Dane Bragg, Village Manager
FROM:
Darren Monico, Village Engineer
SUBJECT:
Groundwater Ordinance Restriction IEPA
The Illinois Environmental Protection Agency (IEPA) routinely samples groundwater and identifies areas
or zones where new drinking water wells (potable water) should not be installed. In 2017, the IEPA
identified the area around the former landfill located southeast of the intersection of Milwaukee Avenue
and Deerfield Parkway as one of these areas. In 2017 they asked that the Village not allow new potable
water wells in this area. Accordingly, the Village approved Ordinance 2017-48 agreeing to this. Recently
the IEPA has changed how they identify these areas and as a result they have reduced the area from the
2017 Ordinance. They are now asking the Village to adopt the attached ordinance for the updated area
shown on Exhibit A. If this new ordinance is approved, it will repeal Ordinance 2017-48 and replace it with
this new ordinance. The Village has only one other area with these IEPA restrictions in place, located at
50 E. Lake Cook Road, which was adopted with Ordinance 2007-30. These limitations do not have any real
impact on the Village or its residents because new potable water wells are not allowed by current Village
Code.
Staff recommends approval of the agreement as submitted.
Packet Pg. 24
8.A.b
ORDINANCE NUMBER
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER
SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY
OTHER METHOD.
WHEREAS, certain properties in the Village of Buffalo Grove, Illinois have been used over a
period of time for commercial/industrial purposes; and
WHEREAS, because of said use, concentrations of certain chemical constituents in the
groundwater beneath the Village may exceed Class I groundwater quality standards for the potable
resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 remediation objectives
as set forth in 35 Illinois Administrative Code 742; and
WHEREAS, the Village of Buffalo Grove desires to limit potential threats to human health from
groundwater contamination while facilitating the redevelopment and productive use of properties that are
the source of said chemical constituents;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE, ILLINOIS:
SECTION 1: Use of groundwater as a potable water supply prohibited.
The use or attempt to use as a potable water supply groundwater from within the area
depicted in Exhibit A as being within the Village of Buffalo Grove and depicted by black
hatching, attached hereto and made a part hereof, by the installation or drilling of wells or
by any other method is hereby prohibited. This prohibition expressly includes the Village
of Buffalo Grove.
SECTION 2: Penalties.
Any person violating the provisions of this ordinance shall be subject to a fine of up to
$500 for each violation.
SECTION 3: Definitions.
"Person" is any individual, partnership, co -partnership, firm, company, limited liability
company, corporation, association, joint stock company, trust, estate, political
subdivision, or any other legal entity, or their legal representatives, agents or assigns.
"Potable water" is any water used for human or domestic consumption, including, but not
limited to, water used for drinking, bathing, swimming, washing dishes, or preparing
foods.
SECTION 4: Repealer
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
insofar as they are in conflict with this ordinance.
Packet Pg. 25
8.A.b
SECTION 5: Severability
If any provision of this ordinance or its application to any person or under any
circumstances is adjudged invalid, such adjudication shall not affect the validity of the
ordinance as a whole or of any portion not adjudged invalid.
Section 6: Effective date.
This ordinance shall be in full force and effect from and after its passage, approval and
publication as required by law.
AYES:
NAYES:
ABSENT:
PASSED:
APPROVED:
PUBLISHED:
ATTEST:
Village Clerk
APPROVED:
Village President
Packet Pg. 26
Tab: Layoutl Last Saved: November 20, 2019, by Mike Nguyen Plotted: Wednesday, November 2D, 2019 4.47:36 PM
J: AR\Riverwoods\Riverwoods CompositeA2019\NFR Non —PCB AreaADWG\Groundwater Ordinance Areas\Buffalo Grove GO.dwq
EXHIBITA
I 8.A.b I
SITE LOCATION
® VILLAGE BUFFALO GROVE
GROUNDWATER ORDINANCE AREA
DES PLAINES RIVER
PIN NUMBER
A
1535103029
B
1535103024
C
IDOT ROW
ANDREWS
,atf ENGINEERING
lqk!V300 GNGER ICREEK DRIVE
SP3RINGFIELD,ILLINOIS 62711.7233
PH (217) 787.2334 WWW.ANDREWS•ENG.COM
PONTIAC,IL • LOMBARD,IL • INDIANAPDLIS, IN - WARRENTON, MO
APPROVED BY.- SLG I DESIGNED BY.- SLG DRAWN BY: MPN
9)W19 Andrews Engineering, Inc.
CD
O
NOTES
1. PARCEL DATA DERIVED FROM LAKE COUNTY GEOSPATIAL i
DATA WEBSITE. 0
2. AEC. REVISED SIR/ROR/RAP/RACR VILLAGE OF RIVERWOODS, (!)
FIGURE 6, JUNE 28, 2016. C
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7
Ad
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0 100 200 400 s
U
SCALE: IN FEET a
DA TE.,
VILLAGE OF BUFFALO GROVE NOVEMBER 2019
GROUNDWATER ORDINANCE AREA
PROJECT ID.,
160022/0009
PREPARED FOR SHEET NUMBER.
RIVERWOODS LANDFILL BUFFALO
RIVERWOODS, LAKE COUNTY, ILLINOIS GO
Packet Pg. 27
8.B
Ordinance No. 0-2020-2 : Ordinance Amending Chapter 5.20, Liquor
Controls
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Staff recommends approval.
SUMMARY: A Class B liquor license is reserved for Sky Fitness Cafe, Inc. d/b/a Sky Spa & Lounge at
1501 Busch Parkway. This reservation is subject to the applicant completing Village requirements for
said license on or before April 27, 2020. The Village Manager shall have the authority to extend the April
27, 2020 date for good cause shown. If not so extended, this reservation shall cease.
ATTACHMENTS:
• Ord Class B - Sky Fitness Cafe dba Sky Spa & Lounge (DOCX)
Trustee Liaison
Sussman
Monday, January 6, 2020
Staff Contact
Julie Kamka, Office of the Village Manager
Updated: 1/2/2020 1:38 PM
Page 1
Packet Pg. 28
8.B.a
Underlined = addition
Stfilethfeug6 = deletion
12/17/2019
ORDINANCE NO.2020 -
AN ORDINANCE AMENDING CHAPTER 5.20 LIQUOR CONTROLS
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS as follows:
Section 1. Subsection B. of Section 5.20.072 of the Village of Buffalo Grove Municipal Code is
hereby amended with deletions in stfiketh-fough and additions in underline text so that Subsection
B. of Section 5.20.072 shall provide as follows:
Class B.
Licensee and d/b/a Address
1. Spirit Cafe, Inc. d/b/a Versailles Restaurant 100 McHenry Road
2. Taste of Tokyo, Inc. 159 McHenry Road
3. Nino's Pizzeria, Inc. 960 Buffalo Grove Road
4. Chanprung, LLC d/b/a Fuji Thai 1000 Weiland Road
5. Continental Restaurant, Inc. 782 S. Buffalo Grove Road
6. Booming, Inc. d/b/a Yen Yen Chinese 360 Half Day Road
& Sushi Restaurant
7. Donato Restaurant Group, Inc. d/b/a 1180 Lake Cook Road
Buffalo Restaurant & Ice Cream Parlor
8. Golden Durebak Restaurant, Inc. 718 Buffalo Grove Road
9. Tomatillo Taco -Ville 2 LLC 1267 Dundee Road
10. Grande Jakes Fresh Mexican Grill in BG, Inc. 799 Buffalo Grove Road
11. Nacho's Tacos Place, Inc. 205 Dundee Road
2 k plies Ca �d � 1111c, 1 d1,1/a .S it S pa i& �,�oLUIlVg(,° � 501 � 13 ,isdi Pad )�,) )
1
Packet Pg. 29
8.B.a
Section 2.
A. A Class B liquor license is reserved for Sky Fitness Cafe, Inc. d/b/a Sky Spa & Lounge
at 1501 Busch Parkway. This reservation is subject to the applicant completing Village
requirements for said license on or before April 27, 2020. The Village Manager shall
have the authority to extend the April 27, 2020 date for good cause shown. If not so
extended, this reservation shall cease.
B. This Section 2 shall not be codified.
Section 4. This Ordinance shall be in full force and in effect from and after its passage and
approval.
AYES:
NAYS:
ABSENT:
PASSED: , 2020
/_N»:,;UUMA 0��i
ATTEST:
Janet M. Sirabian, Village Clerk
2020
Beverly Sussman, Village President
2
Packet Pg. 30
8.0
Ordinance No. 0-2020-3 : Ordinance Amending Chapter 5.20, Liquor
Controls: Booming, Inc
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Staff recommends approval.
SUMMARY: Booming, Inc. at 360 Half Day Road has filed with the Illinois Secretary of State's Office on
August 30, 2019 to use the Assumed Name of Yan Yan Chinese Cuisine.
ATTACHMENTS:
• Ord Class B - Booming, Inc DBA Name Change (DOCX)
Trustee Liaison Staff Contact
Sussman Julie Kamka, Office of the Village Manager
Monday, January 6, 2020
Updated: 1/2/2020 1:39 PM Page 1
Packet Pg. 31
8.C.a
Underlined = addition
Strilethfeug6 = deletion
12/20/2019
ORDINANCE NO.2020 -
AN ORDINANCE AMENDING CHAPTER 5.20 LIQUOR CONTROLS
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS as follows:
Section 1. Subsection B. of Section 5.20.072 of the Village of Buffalo Grove Municipal Code is
hereby amended with deletions in stfiketh-fough and additions in underline text so that Subsection
B. of Section 5.20.072 shall provide as follows:
Class B.
Licensee and d/b/a
1. Spirit Cafe, Inc. d/b/a Versailles Restaurant
2. Taste of Tokyo, Inc.
3. Nino's Pizzeria, Inc.
4. Chanprung, LLC d/b/a Fuji Thai
5. Continental Restaurant, Inc.
6. Booming, Inc. d/b/a'�'cui "(ct�
& SIas "n� �Z csululnitO 0Vq"�1f,; " C C1.A.VSVUVc
7. Donato Restaurant Group, Inc. d/b/a
Buffalo Restaurant & Ice Cream Parlor
8. Golden Durebak Restaurant, Inc.
9. Tomatillo Taco -Ville 2 LLC
10. Grande Jakes Fresh Mexican Grill in BG, Inc.
11. Nacho's Tacos Place, Inc.
12. Sky Fitness Cafe, Inc. d/b/a Sky Spa & Lounge
Address
100 McHenry Road
159 McHenry Road
960 Buffalo Grove Road
1000 Weiland Road
782 S. Buffalo Grove Road
360 Half Day Road
1180 Lake Cook Road
718 Buffalo Grove Road
1267 Dundee Road
799 Buffalo Grove Road
205 Dundee Road
1501 Busch Parkway
I
Packet Pg. 32
8.C.a
Section 2.
A. Booming, Inc. at 360 Half Day Road has filed with the Illinois Secretary of State's
Office on August 30, 2019 to use the Assumed Name of Yan Yan Chinese Cuisine
B. This Section 2 shall not be codified.
Section 4. This Ordinance shall be in full force and in effect from and after its passage and
approval.
AYES:
NAYS:
ABSENT:
PASSED: 2020
APPROVED: 12020
Beverly Sussman, Village President
ATTEST:
Janet M. Sirabian, Village Clerk
2
Packet Pg. 33
8.D
Ordinance No. 0-2020-4 : Ordinance Amending the Village Code
Regarding Violations of the Cannabis Regulation and Tax Act
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Staff recommends approval of the attached Ordinance.
SUMMARY: In response to the Cannabis Regulation and Tax Act (CRTA), which took effect on January
1, 2020, staff is requesting amendments to Chapter 2 (Table 2.62.015-1), Chapter 5 and Chapter 9 of the
Municipal Code. The proposed amendments are necessary to ensure that the Village can adjudicate any
violation of these regulations through the Village's Administrative Adjudication process.
ATTACHMENTS:
• BOT Memo (DOCX)
• Ordinance (PDF)
Trustee Liaison
Smith
Monday, January 6, 2020
Staff Contact
Chris Stilling, Community Development
Updated: 1/2/2020 11:41 AM
Page 1
Packet Pg. 34
8.D.a
ILL E OF
BUFFALO C'MONIE'
MEMORANDUM
DATE: January 2, 2020
TO: Dane Bragg, Village Manager
FROM: Christopher Stilling, Deputy Village Manager
N1
SUBJECT: Ordinance Amending the Buffalo Grove Municipal Code Addressing the Identification
and Administrative Enforcement of Violations of the Cannabis Regulation and Tax Act
BACKGROUND
In response to the Cannabis Regulation and Tax Act (CRTA), which took effect on January 1, 2020,
staff is requesting amendments to Chapter 2 (Table 2.62.015-1), Chapter 5 and Chapter 9 of the
Municipal Code. The proposed amendments are necessary to ensure that the Village can
adjudicate any violation of these regulations through the Village's Administrative Adjudication
process.
ACTION REQUESTED
Staff recommends that the Village Board approve the attached Ordinance amending Chapter 2
(Table 2.62.015-1) Chapter 5 and Chapter 9 of the Municipal Code.
Page 1 of 1
Packet Pg. 35
8.D.b
ORDINANCE NO. 2019 -
AN ORDINANCE AMENDING THE BUFFALO GROVE MUNICIPAL CODE BY THE
ADDITION OF REGULATIONS PERTAINING TO THE IDENTIFICATION AND
ADMINISTRATIVE ENFORCEMENT OF VIOLATIONS OF THE CANNABIS
REGULATION AND TAX ACT IN THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Village of Buffalo Grove, Illinois, enacted Municipal Code
Regulations for the purpose of improving and protecting the public health, safety, comfort,
convenience and general welfare of the people; and
WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act (Act),
which pertains to the possession, use, cultivation, transportation and dispensing of adult -use
cannabis, which became effective June 25, 2019; and
WHEREAS, the Village previously established a Village Administrative Hearing System
for certain violations of the Buffalo Grove Municipal Code; and
WHEREAS, the Act allows for municipalities to enforce violations of the Act; and
WHEREAS, the Village seeks to add these regulations as additional violations that can
be adjudicated through the Village's administrative adjudication process.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
Section 1. The foregoing recitals are hereby adopted and incorporated into and made a
part of this Ordinance as if fully set forth herein.
Section 2. Chapters 9.16, 9.17, 5.20.192 and Table 2.62.015-1 of Chapter 2.62 of the p
Village Code are hereby amended as set forth on the attached Exhibit A which are adopted and CD
U
incorporated herein as if fully set forth.
c
=a
Section 3. If any section, paragraph, clause or provision of this Ordinance shall be held
invalid, the invalidity thereof shall not affect any other provision of this Ordinance.
as
E
Section 4. This Ordinance shall be in full force and effect from and after its passage and
approval.
Q
Packet Pg. 36
8.D.b
AYES:
NAYES:
ABSENT:
PASSED:
APPROVED:
ATTEST:
Janet Sirabian, Village Clerk
2019
2019
APPROVED:
Beverly Sussman, Village President
F:\PTBrankin\Buffalo Grove, Village\Ordinances\Amending the Municipal Code.doc
Packet Pg. 37
8.D.b
Chapter 2.62 -VILLAGE ADMINISTRATIVE HEARING SYSTEM
2.62.10 - Establishment of administrative hearing system.
A. Pursuant to the authority set forth in 65 ILCS 5/1-2.1-1 etseq. and the Village's home rule powers, there is established and
created within the Village an Administrative Hearing System to enforce and adjudicate violations ("Violations") ofthe Buffalo
Grove Municipal Code (the "Code"), the Internati or al Building Code (as adopted by reference bythe Village), the International
Property Maintenance Code (as adopted by reference by the Village), the International Residential Code One -and Two -Family
Dwellings (as adopted by reference by the Village), and the Illinois Vehicle Code (as adopted by reference by the Village, as the
same may from time to time hereatter he amended.
B. The provisions of Division 2.1 of Article 1 of the Illinois Municipal Code (65 ILCS 5/1-2.1 et seq.) are adopted and incorporated
into this Chapter as if fully set forth herein.
C. The provisions of this Chapter shall apply to administrative adjudication proceedings to the extent that they are not
inconsistent with the provisions of this Code, which set forth specific procedures for the administrative adjudication of
particular Code provisions including, but not by way of limitation, Chapter 10.20, Vehicle Seizure and Impoundment.
(Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 2, 10-6-2014)
2.62.15 - Village code hearing jurisdiction.
A. An administrative adjudication proceeding pursuant to this Chapter may be initiated for any alleged violation of the Buffalo
Grove Municipal Code, the International Building Code ("IBC"), the International Property Maintenance Code ("IPMC"), the
International Residential Code One -and Two -Family Dwellings (IRC), and the Illinois Vehicle Code ("IVC")(Illinois Compiled
Statutes, Chapter 625), except for:
1. An offense that is a traffic regulation governing the movement of vehicles,
2. Any reportable offenses under Section 6-204 of the Illinois Vehicle Code,and
3. Any matters under the jurisdiction of Chapter 2.63, Village Traffic Administrative Hearing System.
B. Any violation prosecuted under administrative adjudication which is notlisted in Table 2.62.015-1 of this Chapter is subject
to the general penalty provisions of Chapter 1.08 of this Code.
C. Any offense listed in Table 2.62.015-1 ofthis Chapter may be settled, compromised and paid in the respective amounts and
within the respective time frames setforth in Table 2.62.015-1, Table Df Offenses and Fines, of this Chapter exceptas setforth is
Subsection D. hereof.
D. A violation of any of the offenses, except for offenses in Chapter 10.16 of the Buffalo Grove Municipal Code, set forth in Table
2.62.015- 1 by a juvenile (17 years and under) require the juvenile to appear at the administrative adjudication hearing and are
not subject to the pre -pay option as set forth in said Table.
Table 2.62.015-1
Table of Offenses and Fines
Chapter/Section Title/Offenses Minimum Maximu Minimum
Fine/Fine m Fine* Fine —
Paid Before Must
Hearing Appear
at Hearing
Chapter 3.52 Municipal Commuter Station Parking Lot Fees
3.52.020 Failure to Pay Daily Parking Fee—Metra $25 $50
Packet Pg. 38
8.D.b
3.52.040
Resident Parking Only Violation—Metra
$25
$50
3.52.055
Failure to Pay Daily Parking Fee —Township
$25
$50
Chapter 5.20
Liquor Controls
5.20.190.A
Alcohol underage/possession/consuiiiption
$100
5.20.190.B. and C.
Alcohol sale, give, or deliver to underage
$250
5.20.192
Social Hosting Responsibility
$-Z%1,000
$2,000 for
first violation
each
subsequent
violation
Chapter 5.24
Solicitors
5.24.020
Soliciting without a permit
$100.00
5.24.080
Soliciting- Failure to leave when requested
$100.00
5.24.090
Soliciting where posted "No Soliciting"
$100.00
5.24.100
Soliciting in violation of soliciting hours/days
$100.00
Chapter 5.32
Tobacco
5.32.090
Sale/delivery of tobacco products to person
$100
under 21 years of age
5.32.105
Possession of tobacco products by person under 18
$75
years of age
Chapter 5.40
Hours of Operation Adjacent to Residential Areas
5.40.040
Violation of Hours of Operation requirements
$75
Chapter 6.12
Care and Control
6.12.010
No Rabies Vaccination -1st Violation
$50
6.12.010
No Rabies Vaccination-2nd Violation
$75
6.12.010
No Rabies Vaccination-3rd Violation
$100
6.12.020
No Dog or Cat License
$100
6.12.060
Failure to Remove Excrement -1st Violation
$50
6.12.060
Failure to Remove Excrement-2nd Violation
$75
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6.12.060
Failure to Remove Excrement-3rd Violation
$100
6.12.070
Dog or Cat at Large -1st Violation
$50
6.12.070
Dog or Cat at Large-2nd Violation
$75
6.12.070
Dog or Cat at Large-3rd Violation
$100
6.12.080
Excessive Number of Anirnals-1st Violation
$50
6.12.080
Excessive Number of Animals-2nd Violation
$75
6.12.080
Excessive Number of Animals-3rd Violation
$100
6.12.090
Prohibited Animal -1st Violation
$50
6.12.090
Prohibited Animal-2nd Violation
$75
6.12.090
Prohibited Animal-3rd Violation
$100
6.12.120
Found to be potentially dangerous animal
$75
6.12.150.D
Excessive Dog Barking -1st Violation
$50
6.12.150.D
Excessive Dog Barking-2nd Violation
$75
6.12.150.D
Excessive Dog Barking-3rd Violation
$100
Chapter 8.20
Refuse
8.20.020
Lack of required refuse service
$50
8.20.030
Littering
$100
8.20.070
Garbage —Out Too Early
$25
8.20.090
Garbage —Unsecured
$25
8.20.100
Illegal Dumping/Burning
$50
Chapter 8.24
Nuisances and Miscellaneous Health Laws
8.24.020
Stagnant water creating mosquito nuisance
$50
8.24.060
Pest infestation —Insects
$50
8.24.070
Pest infestation —Rodents
$50
8.24.110
Use Constituting Nuisance
$50
Chapter 8.32
Weeds, Grass, Refuse and Junk
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8.32.010.A
Weeds in Excess of 12 Inches
$50
8.32.010.E
Grass in Excess of 6 Inches
$50
Chapter 9.04
Alarm Systems
9.04.020
No Valid Alarm Permit
$25
Chapter 9.16
Buffalo Grove Controlled Substances° Adoption by
Reference of the Illinois Cannab�ion and 'fax
Act ICRTA
ICRTA 10-5
Possession of Cannabis (over 30rrncFer—T0 grams of
$106�15E1 $250
cannahis flower)
9.16.020—For residents of
the State of Illinois
$250
ICRTA 10-5, 10-10
Possession of Adult. Use Cannabis with more than 500
$100
milligrams of TI-IC contained in cannabis -infused
9.16.020— For Residents of
product
the State of Illinois
ICRTA 10-5, 10-10
Possession of more than 5 grams of cannabis
$100 $250
concentrate
9.16.020— For Residents of
the State of Illinois
ICRTA 10-5, 10-10
Possession of Cannabis (over 15 grams of cannabis
$250
$100
flower)
9.16.020— For nonresidents
of the State of Illinois
ICRTA 10-5, 10-10
Possession oFAdult Use Cannabis with more than 250
$100 $250
milligrams of THC contained in cannabis -infused product
9.16.020— For nonresidents
of the State of Illinois
ICRTA 10-5, 10-10
Possession of more than 2.5 grams of cannabis
$250
$100
9.16.020— For nonresidents
concentrate
of the State of Illinois
ICRTA 10-5, 10-10, 10-15....
Possession, consumption, use, purchasr, obtaining,$100
$250
9.16.020
transporting, or cultivating cannabis not otherwise in
accordance with ICRTA
ICRTA 10-5, 10-20
of false identification to obtain cannabis
$250Use
$100
9.16.020
ICRTA 10-20, 10-35
transferring and/or facilitating the use of Cannabis
$250Sale,
$100
9.16.020
....,
not in conformance with ICRTA;
ICR fFl 10-35
lJndertakingtask� possession, use, smoking operating,
$250
$100
9.16.020
navigating or being in actual physical control of any motor
vehicle, aircraft or motorboat while using cannabis in
violation of the Illinois Vehicle Code
ICRTA 10-35, 9.16.020
Possession and/or consumption in a prohibited public
$100 $250
place and/or otherwise in violation of State statute
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$250
ICRTA 15 et seq
Operating a cannabis dispensary in violation of ICRTA
$100
17-28-080
Chapter 9.17
Drug Paraphernalia
9.17.020
Possession/sale of drug paraphernalia
$100
Chapter 9.28
Disorderly Conduct
9.28.010
Disorderly conduct
$100
9.28.010.0
Possession of fireworks
$50
9.28.025
Public Nuisance Assemblage/Social Host
$100
Chapter 9.32
Smoking in Public Places
9.32.020
Smoking in Enclosed Public Place
Not less
than $15056
1 `violation;
9.32.030
Smoking in Place of Employment
Not less
than $15056
1 violation
9.32.040
Smoking in Open Air Dining Area
Not less
than $15050
1 `violation
9.32.050
Smoking at Entrance
Not less
than $15059
1" violation
............ ......
... _.......... _.......... _
Chapter 9.38
Noise
9.38.020
Noise Prohibited
$75
9.38.030
Noise within a multi -family structure
$100
9.38.037
Construction regulations —Hours of work
$75
Chapter 9.48
Trespass and Damage to Property
9.48.020
Trespass
$100
9.48.030.A.
Damage to Village Property
$100
9.48.040
Graffti
$75
Chapter 9.52
Theft
9.52.020
Theft
$150
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8.D.b
Chapter 9.68
Curfew
9.68.010
Curfew
$75
Chapter 9.70
Truancy
9.70.010
Truancy
$75
Chapter 9.80
Weapons
9.80.010
Air rifle/BB gun/Gun discharge
$100
Chapter 10.08
Snow
10.08.010
Parking —After 2 inch Snow
$25
$50
10.08.020
Dumping Snow in Street
$25
$50
Chapter 10.16,
Buffalo Grove Vehicle and Traffic Code. Adoption by
Section 10.16.010
Reference of the Illinois Vehicle Code (IVC)
5/3-401
No valid registration
$50
$75
5/3-413(a)
No front/rear registration plate
$50
$75
5/3-413(b)
Improper display of license plate
$50
$75
5/3-413(f)
Operation of vehicle w/expired registration
$50
$75
5/3-413(g)
Use of license plate cover
$50
$75
5/3-701
Inoperable odometer under mileage plates
$50
$75
5/1-100 et seq.
Miscellaneous Traffic Code Violations
$50
$75
5/11-1003(a)
Jay Walking
$25
$50
5/11-1301.3
Handicapped Zone Parking
$250
$375
5/11-1303.(a).l.b.
Parked Blocking Sidewalk
$25
$50
5/11-1303.(a).2.b.
Parked Within 15 feet of Fire Hydrant
$25
$50
5/11-1303.(a).2.c.
Parked Within 20 feet of Crosswalk
$25
$50
5/11-1303.(a).2.d.
Parked Within 30 feet of Traffic Control Device
$25
$50
5/11-1303.(a).3.1h.
Parking Where Prohibited
$25
$50
5/11-1303.(a).3.1h.
Parking in Loading Zane
$25
$50
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8.D.b
5/11-1304.a.
Parking over 12 inches from Curb
$25
$50
5/11-1304.a.
Parking —Left Wheels to Curb
$25
$50
5/11-1304.5
Parking of Vehicle With Expired Registration
$25
$50
5/6-112
Driver's license not on person
$50
$75
5/6-116
Failure to notify Secretary of State —Change of
$50
$75
address
5/12-713
Improperly marked vehicles —Contractor
$50
$75
5/12-101
Unsafe equipment
$50
$75
5/12-201(a)
Driving motorcycle w/out lighted headlight
$50
$75
5/12-201(b)
Driving w/out lights when required
$50
$75
5/12-201(b)
Only one tail light
$50
$75
5/12-201(c)
No rear license plate light
$50
$75
5/12-204
Improper lamp or flag on projected load
$50
$75
5/12-207
Improper use of spot lamp/aux driving lamps
$50
$75
5/12-208
No stop lights
$50
$75
5/12-209(c)
Defective back-up lights
$50
$75
5/12-210
Failure to dim headlights
$50
$75
5/12-211
Only one headlight
$50
$75
5/12-301
Defective brakes
$50
$75
5/12-405(c)
Use of unsafe tire
$50
$75
5/12-502
No rear view mirror
$50
$75
5/12-503(a)
Illegally Tinted Windows
$50
$75
5/12-503(c)
Obstructed windshield
$50
$75
5/12-503(d)
Obstructed windows —Snow, ice, moisture
$50
$75
5/12-503(d)
No windshield clearing device (wipers)
$50
$75
5/12-601(a)
Defective or no horn
$50
$75
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8.D.b
5/12-602
Loud muffler —Excessive noise
$50
$75
5/12-603.1
Failure to Wear Properly Adjusted Seat Belt
$50
$75
5/12-608
No bumper or unlawful bumper height
$50
$75
5/12-610.2
Use of Mobile Telephones
$50
5/12-611
Illegal operation of sound arnplification-75'
$50
$75
5/12-702
No flags, flares, warning devices carried
$50
$75
5/12-710
Inadequate or no splash guards (mud flaps)
$50
$75
Title 10, Chapter BG-4
Towing
BG-4-101.E.1.
Abandoned vehicle over 7 days
$25
$50
Title 10, Chapter BG-11
Rules of the Road
BG-11-1303.C.1.
Parking on Parkway or Median
$25
$50
BG-11-1303.0.2.b.
Parking —Blocking Driveway
$25
$50
BG-11-1303.C.2.c.
Parking in Posted Fire Lane
$25
$50
BG-11-1308.1.
Parking on Street 2 am to 6 am
$25
$50
BG-11-1311
Selling Vehicle on Street
$25
$50
Chapter 12.20
Trees, Shrubs, and Other Plants
12.20.070
Trees/vegetation obstructing public sidewalks
$100
12.20.080
Trees/vegetation creating visual obstructing
$100
Chapter 13.05
Water System Cross -connection Control
13.05.110. A.2.
Inspection and maintenance
$50
Chapter 13.16
Water Conservation
13.16.020
Sprinkling Ban Violation (12:00-6:00 p.m.)
$100
Title 14
Sign Code
14.12.010
Signs Installed without a Permit
$50
14.32.060
Signs Placed in the Public Right -of -Way
$50
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8.D.b
$750/day
17.28.080:
Cultivation. craft growing, infusing and/or
transporting adult use cannabis in violation of the
Cannabis Regulation and Tax Act
Chapter 17.36
Driveways and Off -Street Parking and Loading
Facilities
17.36.030
Improper Recreational Vehicle Parking
$50
17.36.030
Improper parking of a commercial vehicle/Residential
$25
District
17.36.030
Oversized Vehicle
$25
17.36.030
Improperly maintained parking lots
$50
17.36.030
Improperly marked accessible parking spaces
$50
* The Illinois Vehicle Code (IVC)(6251LCS 5/1-100 st seq.) has been adopted by reference as the Traffic Code ofthe Village
pursuant to Chapter 10.16 ofthe Buffalo Grave Municipal. Additions to the IVC, as adopted, are set forth in Chapter BG-1
through BG-16 ofthe Buffalo Grove Municipal Code. The Traffic Code of the Village corresponds in numbering sequence to
the Illinois Vehicle Code.
* Fines are exclusive of hearing costs. Daily fines are possible where permissible bylaw. Where a Maximum Fine is not listed the
Maximum Fine shall be subject to Section 1.08.010 of the Buffalo Grove Municipal Code.
(Ord. No. 2014-68, § 3, 10-6-2014; Ord. No. 2015-52, § 2, 9-21-2015; Ord. No. 2016-026, § § 2, 6, 5-16-2016; Ord. No 2017-036, § 2, 8-21-2017; Ord. No.
2017-042, § 3, 10-16-2017; Ord. No. 2018-016, § § 2, 3, 3-19-2018)
2.62.020 - Hearing procedures non-exclusive.
The provisions of this Chapter shall not preclude the Village from using other methods or proceedings to enforce and adjudicate the Cade or
other ordinances ofthe Village, including, without limitation, the institution of an action in the Lake County Circuit Court, the Cook County Circuit
Court, the United States District Court, or any administrative proceeding.
(Ord. 2004-46 § 1 (part), 2004).
2.62.030 - Administrative composition.
The Administrative Hearing System shall provide for one or more Hearing Officers and a Code Hearing Unit, all with the power, authority, and
limitations as set forth in this Chapter.
(Ord. 2004-46 § 1 (part), 2004).
2.62.40 - Hearing Officer.
A. Appointment. The Village Manager shall appoint one or more qualified Hearing Officers to perform the functions set forth
in this section.
5. Independent Contractor. A Hearing Officer shall be employed as an independent contractor ofthe Village and shall not be
considered an employee ofthe Village. A Hearing Officer may be removed, with or without cause, by the Village Manager.
C. Qualifications. To qualify as a Hearing Officer, an individual must:
1. Be an attorney licensed to practice law in the State of Illinois for at least three years;
Packet Pg. 47
8.D.b
2. Be in good standing with the Illinois Supreme Court Attorney Registration and Disciplinary Commission;
3. Complete a formal training program approved by the Village Manager and the Village Attorney consisting of:
a. Instruction on the rules of procedure for administrative hearings,
b. Orientation to each subject area of the Code that will be adjudicated,
c. Observation of hearings conducted by Illinois municipalities that have adopted the administrative hearing system, and
d. Participation in hypothetical hearings, including ruling on evidence and issuance of final orders.
D. Compensation. Authorization for compensation tar a Hearing Officer shall be made by the President and Board of Trustees through
the Village's annual budget process. Compensation shall be determined by the Village Manager within approved budget limitations.
E. Authority and Powers. Hearing Officers shall have all powers necessary to conductfair and irnpartial hearings including, but not
limited to, the power to:
1. Hold conferences for the settlement or simplification of the issues;
2. Administer oaths and affirmations;
3. Hear testimony and accept evidence that is relevant to the allegation of a Violation;
4. Issue subpoenas directing witnesses to appear and give relevanttestimony atthe Hearing, upon the request ofthe parties
or their representatives;
5. Preserve and authenticate the record of the Hearing, including all exhibits and evidence introduced at the Hearing;
6. Issue a determination, based on the evidence presented at the Hearing, on whether a violation occurred or exists. The
Hearing Officer's determination shall be in writing and shall include a written finding of fact, decision, and order, including
the fine, penalty, or other action with which the defendant must comply; and
7. Impose penalties consistent aiith applicable Code provisions, order the defendant to obtain a compliance bond, require
the defendant to take corrective action to cure the violation and assess costs upon finding a defendant liable for the
charged violation. Assessment of costs of twenty-five dollars to fifty dollars shall be based upon the complexity of the
matter heard.
8. Impose a term of community service in addition to or in lieu of any applicable fine.
9. Impose, if applicable, a late payment penalty pursuant to Section 3.48.060 of this Code.
(Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 4, 10-6-2014; Ord. No. 2016-026, § 3, 5-16-2016)
2.62.50 - Code Hearing Unit.
A. Appointment. The Village Manager shall establish a Code Hearing Unit to perform the functions set forth in this section.
B. Authority and .urisdiction. The Code Hearing Unit is authorized, empowered, and directed to:
1. Recommend rules and regulations reasonably required to manage the Adrninistrative Hearing System;
2. Adopt, distribute, and process all notices as may be required under this Chapter, or as may reasonably be required to
carry out the purpose of this Chapter;
3. Collect payments made as a result of fines, costs, and/or penalties assessed after a final determination of liability;
4. Certify copies of final determinations of violations adjudicated pursuant to this Chapter, and any factual reports verifying
the final determination of any liability that was issued in accordance with this Chapter or the laws of the State of Illinois,
as from time to time amended; and
5. Keep accurate records of appearances and non -appearances at hearings, pleas entered, fines, costs, and penalties assessed
and paid.
(Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 5, 10-6-2014)
2.62.60 - Violation Notice.
A. A notice of any Violation ("Violation Notice") shall he issued by the persons authorized underthis Chapter, shall contain
information as to the nature of the Violation, shall be certified, and shall constitute prima facie evidence of the Violation cited.
B. All full-time and part-time police officers, as well as other specifically authorized individuals of any department of the Village,
Packet Pg. 48
8.D.b
shall have the authority to issue Violation Notices.
C. Any individual authorized to issue Violation Notices who detects a Violation, is authorized to issue a Violation Notice thereof and
shall
serve the Violation Notice in the manner set forth in the Code.
D. The correctness of facts contained in any Violation Notice shall be certified by the person issuing the notice through signing his
or her name to the Violation Notice at the time of issuance.
E. The Code Hearing Unit shall retain the original or a facsimile of the Violation Notice and keep it as a record in the ordinary
course of business.
F. The Violation Notice or a copy thereof shall be admissible in any subsequent administrative or judicial proceeding to the
extent permitted by law.
G. Parties shall be given notice ofthe adjudicatory hearing which includes the type and nature of the code violation to be
adjudicated, the date and location of the adjudicatory hearing the legal authority and jurisdiction under which the hearing is
to be held, and the penalties for failure to appear at the hearing.
(Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 6, 10-6-2014)
2.62.70 - Service.
A. Service of any Violation Notice, unless otherwise provided, shall be made asfollows:
1. Handing the notice to the registered owner, operator or lessee of the vehicle, if present;
2. Handing the notice to the person responsible for the ordinance Violation;
3. Mailing the notice by mail to the person responsible for the ordinance Violation; or
4. Notice that is posted upon the property where the violation is found when the party is the owner or manager of the property.
B. If service of notice is provided by mail for any Violation Notice or for any Hearing Notice, said service shall be deemed sent and
shall be complete on the date the notice is deposited, postage prepaid, in the United States mail. The counting of any time period
as set forth in the Code shall begin to run on the date the notice is deposited, postage prepaid, in the United States mail.
(Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 7, 10-6-2014)
2.62.80 - Hearings.
All Hearings conducted underthe Administrative Hearing System shall be conducted by Hearing Officer and shall be in accordance with the
following rules and procedures:
A. A record of the Hearing shall be made by tape recording or other appropriate means;
B. The parties may be represented by counsel, present witnesses, and cross-examine opposing w itnesses;
C. The Hearing Officer may grant continuances only upon a finding of goodcause;
D. All testimony shall be given under oath or affirmation;
E. Parties may request the Hearing Officer to issue, and the Hearing Officer shall have the authority to issue, subpoenas to
direct the attendance and testimony of relevant witnesses and produce relevant documents;
F. The formal and technical rules of evidence shall not apply. Evidence, including hearsay, may be admitted only if it is of a
type commonly relied upon by reasonably prudent persons in the conduct of their affairs;
G. In a Hearing on the propriety of impoundment of a vehicle, any sworn or affirmed report, citation or ticket that: (a) is
prepared in the performance of a law enforcement officer's duties; and (b) sufficiently describes the circumstances
leading to the impoundment, shall be admissible evidence of the vehicle owner's liability, unless rebutted by clear and
convincing evidence;
H. The burden shall be upon the Village to prove by a preponderance of the evidence that the alleged violation occurred.
I. Each Hearing shall culminate in a determination of liability or non -liability by the Hearing Officer or a determination of liability
based upon the failure of the defendant to appear at the Hearing;
J. The Hearing Officer shall, upon a determination of liability, assess fines and penalties in accordance with the Code. In
Packet Pg. 49
8.D.b
addition, the Hearing Officer shall have the discretion to assess costs upon finding defendant liable forthe charged Violation.
In no event shall the
Hearing Officer have authority to: (a) impose a penalty of incarceration, or (b) impose afire in excess offiftythousend dollars. The
maximum mon etary fine shall be exclusive of costs of enforcement or costs imposed to secure compliance with this Code;
K. The maximum monetary fine imposed under the Code shall be exclusive of costs of enforcement or costs incurred by the
Village to secure cempl is use with the Village's Code and ordinances, and shell not be appl ice ble to cases to enforce the
col l action of any tax irn posed and collected by the Vi l l age.
(Ord. 2004-85 § 3, 2004; Ord. 2004-79 § 3, 2004; Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 8, 10-6-2014)
2.62.090 - Judicial review.
Any final decision by a Hearing Officer that a Violation does or does not exist shall constitute a final determination for purposes of judicial
review, and shall be Subject to review under the Illinois Administrative Review Law (7351LCS 5/3-101 at sec.).
(Ord. 2004-46 § 1 (part), 2004).
2.62.100 - Debt to the Village.
Any fine, penalty or part of any fine or penalty or costs assessed in accordance with the provisions of the Code and remaining unpaid after
the exhaustion of, or the failure to exhaust, administrative procedw es under this Chapter and the conclusion of any judicial review procedures,
shall be a debt due and owing the Village, and, as such, may be collected in accordance with applicable law.
(Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 9, 10-6-2014)
2.62.110 - Enforcement of judgments.
A. Any fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the
exhaustion of or the failure to exhaust judicial review procedures under the Illinois Administrative Review Law are a debt due and
owing the Village and may be collected in accordance with applicable law.
B. After expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought for s final
determination of a code violation, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the
Hearing Officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
C. In any case in which a defendant has failed to comply with a judgment ordering a defendantto correct code violation or
imposing any fine or other sanction as a result of a code violation, any expenses incurred by the Village to enforce the judgment,
including, but not limited to, attorney's fees, covet costs, and costs related to property demolition or foreclosure, after they are
fixed by a court of competent jurisdiction or a Hearing Officer, shall be a debt due and owing the Village and may be collected
in accordance with applicable law. Priorto any expenses being fixed by a Hearing Officer pursuantto this subsection, the Village
shall provide notice to the defendant that states that the defendant shall appear at a hearing before the administrative Hearing
Officer to determine whether the defendant has failed to comply m,ith the judgment. The notice shall set the date for such a
hearing, which shall not be less than seven days from the date that notice is served. If notice is served by mail, the seven-day
period shall begin to run on the data that the notice was deposited in the mail.
D. Upon being recorded in the manner required by Article XII of the Code of Civil Procedure or bythe Uniform Commercial Code, a
lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing
the Village under this Section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a
court of competent jurisdiction.
E. A Hearing Officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed within
twenty-one days after the issuance of the order of default, if the Hearing Officer determines that the petitioner's failure to
appear at the hearing was for good cause or at any time if the petitioner establishes that the Village did not provide proper
service of process. If any judgment is set aside pursuant to this subsection, the Hearing Officer shall have authority to enter an
order extinguishing any lien which has been recorded for any debt due and owing the Village as a result of the vacated default
judgment.
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8.D.b
(Ord. 2004-46 § 1 (part), 2004)
(Ord. No. 2014-68, § 10, 10-6-2014)
2.62.120 - Schedule of fines —Penalties.
For a Violation of any Village ordinance, fines and penalties shall be as established from tune to time by the President and Board of
Trustees. (Ord. 2004-46 § 1 (part), 2004).
Packet Pg. 51
8.D.b
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Chapter 9.16 -CONTROLLED SUBSTANCES
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Editor's note— Prior ordinance history: Ores. 63-5 and 77-13.
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9.16.010- Defined.
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"Cannabis," also known as "marijuana," rneFereFe> arry-p-ar-Farrsurts-vFthe-pl��rn-FEanrrrbt� rtiv-a-vcrhefhergrerwtrrg-ai�rraF-anertl-re-
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shall have the s'arne definition as "Cannabis" in the State of Illinois Cannabis Regulation
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and Tax Act.
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9.16.020 - Possession prohibited.
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It is unlawful for any person to grow, possess, sell, give aviay, barter, deliver, exchange, distribute or administer any
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cannabis umless it conforms in all respects with the State of Illinois Cannabis Regulation and Tax Act. (Ord. 94-85 § 47
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(part), 1994)
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9.16.030 - Sale prohibited.
No person shall expose for sale, sell or offer for sale to any person, directly or indirectly, within the Village, any cigarette or
instrument as defined in Chapter 9.17 containing any controlledsubstance unless it conforms in all respects with the State of Illinois
Cannabis Regulation and Tax Act.
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(Ord. 94-85 § 47 (part), 1994)
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9.15.040 - Violation Penalty.
Any person violating any provision of this Chapter shall be punished as provided in
Chapter 1.08. (Ord. 94-85 § 47 (part), 1994)
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Chapter 9.17-DRUG PARAPHERNALIA
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9.17.10 - Definitions.
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Unless the context otherwise requires, the following terms as used in this Chapter have the meanings ascribed to them.
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A. "Cannabis" shall have the same definition as "Cannabis" In the State of Illindis Cannabis Regulation and Fax Acts F
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Formatted: Indent Left: 0.28", Tab stops: 0.5", L
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Not at 1.21"
"Frh.''Controlled substance" means any drugor controlled substance as defined under any law of the State or of the United States of
America.
Formatted: Character scale: 100%
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"t ''Instrument" means a device used, designed for use, or intended for use in ingesting, smoking, administering or preparing cannabis,
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cocaine, phencyclidine, opium or any derivative thereof, or any other controlled substance, and includes the following:
1. Metal, wooden, acrylic, lass, stone, plastic or ceramic marijuana Cannabis sativa) or hashish y g p pipes with or without screens, permanent
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screens, hashish heads, or punctured metal bowls;
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2. Water pipes designed for use or intended for use with marijuana (Cannabis sativa), hashish, hashish oil, or cocaine;
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3. Carburation tubes and devices;
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4. Smoking and carburation masks;
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5. Roach clips;
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6. Separation gins designed for use or intended for use in cleaning marijuana;
7. Cocaine spoons and vials;
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8.D.b
S. Chamber pipes;
9. Carburetor pipes;
10. Electric pipes;
11. Air -driven pipes;
12. Chilams;
13. Bongs; and
14. Ice pipes or chillers.
'.3."Minor" means any person who has not attained eighteen years of age.
(Ord. 94-95 § 48 (part), 1994: Ord. 79-20 § 1
(part), 1979)
9.17.020- Prohibition.
It is unlawful for any person to have, possess, sell, offer to sell, dispense or give away any instrument adapted for the use of smoking,
inhalingor ingesting any controlled substance.
(Ord. 94-85 § 48 (part), 1994: Ord. 79-20 § 1
(part), 1979)
9.17.30 -Application.
The provisions of this Chapter shall not apply
to:
A. Any person who has been authorized bythe Department of Mental Health and Developmental Disabilities, with the approval of the
Illinois State Police, to possess and deliver substances containing cannabis;
B. Persons registered under federal law to conduct research with cannabis.
(Ord. 94-85 § 48 (part), 1994: Ord. 79-20 § 1 (part), 1979)
9.17.40 - Violation —Penalty.
A. Any person violating any provision of this Chapter shall be punished as provided in Chapter 1.08 of this Code.
B. In addition to the penalty set forth in subsection A otthis section, any person convicted of a violation of this Chapter shall be Subject to
revocation of the business license, if any, issued by the Village to said person.
C. A violation of this Chapter is declared to be a public nuisance and shall be subject to abatement as provided by law.
(Ord. 94-85 § 48 (part), 1994: Ord. 79-20 § 1 (part), 1979)
Packet Pg. 53
5.20.192 - Social host responsibility.
8.D.b
A. It shall be unlawful for any person to permit, allow, host or fail to take reasonable steps to prevent an event or gathering at his
or her place of residence or other private property, public place, any other premises under his or her control, or in any conve, e
where illicit drugs, adult use cannabis or alcoholic beverages have been consumed by an underage person, if such person ei
knows or reasonably should know that an underage person has consumed any illicit drugs adult use cannabis or alcoholic
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beverages.
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B. A person who permits, allows or hosts an event or gathering shall be deemed to have known or should have known that an
underage person has consumed illicit drugs, adult use cannabis or alcoholic beverages if the person has not taken all reasoi
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steps to prevent the consumption of illicit drugs, adult use cannabis or alcoholic beverages by underage persons.
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C. A person who permits, allows or hosts an event or gathering shall be rebuttably presumed to have known or should have
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known that underage persons have consumed illicit drugs, adult use cannabis or alcoholic beverages if such person is prese
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the premises of the event or gathering at the time any underage person consumes illicit drugs, adult use cannabis or an
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alcoholic beverage.
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D. This section shall not apply to conduct involving the use of alcoholic beverages that occurs at a religious ceremony or
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exclusively between an underage person and his parent or legal guardian as permitted by Illinois State Law.
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E. It is the duty of any person who permits, allows or hosts an event or gathering at his or her place of residence or other privai
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property, public place, any other premises under his or her control, or in any conveyance, where underage persons will be
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present to take all reasonable steps to prevent the consumption of illicit drugs, adult use cannabis or alcoholic beverages b
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underage person at the event or gathering.
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F. A person who hosts any event or gathering does not have to be present at the event or gathering to be liable under this sect
(Ord. 94-7 § 1 (part), 1994: Ord. 93-77 § 2 (part), 1993)
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(Ord. No. 2009-77, § 3, 12-7-2009)
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5.20.193 - Responsibility of the owner or occupant of premises.
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It is unlawful for any owner or occupant of any premises located within the Village to permit any person under the age of twenty-one of
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than the owner's or occupant's own child or ward to remain on such premises while the underage person is in possession of alcoholic Iiq
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or adult use cannabis or while the underage person is consuming alcoholic liquors or adult use cannabis in violation of Section 5.20.190.
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(Ord. 94-7 § 1 (part), 1994: Ord. 93-77 § 2 (part), 1993)
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5.20.194 - Penalty. m
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Any person found guilty of violating Section 5.20.192 or 5.20.193 shall be fined in the mandatory amount of not less than one thousand v
dollars for the first violation and the mandatory amount of not less than two thousand dollars for each subsequent violation.
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(Ord. 96-57 § 4, 1996: Ord. 94-7 § 1 (part), 1994: Ord. 93-77 § 2 (part), 1993)
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5.20.195 - Imposing civil liability. o
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Every person who is injured, in person or property, by any intoxicated person under the age of twenty-one as a result of alcohol or adult u
cannabis has a right of action in his or her own name, severally or jointly for damages (including reasonable attorney's fees and expenses)
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against any person: v
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A. Who by selling, giving or delivering alcoholic liquor or adult use cannabis in violation of Section5.20.190,5.20.192,5.20.19. 'a
5.20.200 or 5.20.201 causes, or contributes to, the intoxication of such underage person; O
B. Who by permitting consumption of alcoholic liquor or adult use cannabis in violation of Section 5.20.190, 5.20.192, 5.20.. C
5.20.200 or5.20.201 causes, or contributes to, the intoxication of such underage person as a result of alcohol or adult t
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cannabis; or
C. Who causes such injury and had become intoxicated by consuming alcoholic liquor or adult use cannabis in violation of Q
Section 5.20.190, 5.20.192, 5.20.193, 5.20.200 or 5.20.201.
Any action for damages under this section may be brought in the circuit court. An action for damages under this sectio Packet Pg. 54
commenced within two years after the right of action arises.
(Ord. 94-7 § 1 (part), 1994: Ord. 93-77 § 2 (part), 1993)
8.D.b
5.20.200 - Selling to unfit persons.
No licensee shall sell, give or deliver alcoholic liquor to any intoxicated person or to any person known by the licensee to be an habitua
drunkard, spendthrift or insane, feeble-minded or a distracted person. No adult use cannabis dispensary shall sell, give, or deliver adult
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cannabis to any person known by the dispensary to be under the age of 21.
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(Ord. 94-7 § 1 (part), 1994: Ord. 77-35 § 22, 1977)
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5.20.203 - False identification not a defense.
It shall not be a defense to any action brought criminally, civilly or administratively against any liquor licensee or any other person chat
with the delivery of any alcoholic beverage to an underage person that such a person produced false identification or proof of age. Italso sh
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be a defense to any action brought criminally, civilly, or administratively against any adult use dispensary or any other person charged with the delivery of adult L
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cannabis to any underage person that such a person produced a false identification of proof of age.
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The person or persons hearing and deciding the charges may consider such a claim when determining the penalty to be assessed or tf
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apportionment of damages.
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(Ord. 95-103 § 2, 1995)
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5.20.204. - Mandatory schedule of prices.
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All licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the license(
premises or in any room or part thereof. Whenever a hotel or multi -use establishment which holds a valid license operates on its premix
more than one establishment at which drinks of alcoholic liquor are sold at retail, the hotel or multi -use establishment shall maintain at e
such establishment a separate schedule of the prices charged for such drinks at that establishment.
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(Ord. No. 2015-51, § 1, 9-21-2015)
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5.20.205. - Prohibited happy hours.
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No licensee or employee or agent of such licensee shall:
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A. sell more than one drink of alcoholic liquor for the price of one drink of alcoholic liquor;
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B. sell, offer to sell or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time
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fixed price, except at private functions not open to the general public or as provided in Section 5.20.206 of this Code;
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C. increase the volume of alcoholic liquor contained in a drink, or the size of a drink of alcoholic liquor, without
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increasing proportionately the price regularly charged for the drink on that day;
D. encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or the awar
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of drinks of alcoholic liquor as prizes for such game or contest on the licensed premises; or
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E. advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections
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through E.
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(Ord. 94-7 § 1 (part), 1994: Ord. 89-74 § 1, 1989: Ord. 88-79 § 5, 1988).
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(Ord. No. 2015-51, § 2, 9-21-2015)
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5.20.206. - Permitted happy hours and meal packages, and party packages.
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A. As used in this Section:
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"Dedicated event space" means a room or rooms or other clearly delineated space within a licensee's premises that is reserved for the
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exclusive use of party package invitees during the entirety of a party package. Furniture, stanchions and ropes, or other room dividers may
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used to clearly delineate a dedicated event space.
"Meal package" means a food and beverage package, which may or may not include entertainment, where the servic n
accompaniment to the food, including, but not limited to, a meal, tour, tasting, or any combination thereof for a fixed pri Packet Pg. 55
other licensee operating within a sports facility, restaurant, winery, brewery, or distillery.
"Party package" means a private party, function, or event for a specific social or business occasion, either arranged by invitation or
reservation for a defined number of individuals, that is not open to the general public and where attendees are served both food and alc-"-I
for a fixed price in a dedicated event space.
B. A retail licensee may:
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1. Offer free food or entertainment at any time;
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2. Include drinks of alcoholic liquor as part of a meal package;
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3. Sell or offer for sale a party package only if the retail licensee:
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a. Offers food in the dedicated event space;
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b. Limits the party package to no more than three hours;
c. Distributes wristbands, lanyards, shirts, or any other such wearable items to identify party package attendees so tl-
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attendees may be granted access to the dedicated event space; and
d. Excludes individuals not participating in the party package from the dedicated event space;
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4. Include drinks of alcoholic liquor as part of a hotel package;
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5. Negotiate drinks of alcoholic liquor as part of a hotel package;
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6. Provide room service to persons renting rooms at a hotel;
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7. Sell pitchers (or the equivalent, including, but not limited to, buckets of bottled beer), carafes, or bottles of alcoholic It
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which are customarily sold in such manner, or sell bottles of spirits;
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8. Advertise events permitted under this Section; and
9. Discount any drink of alcoholic liquor during a specified time period only if:
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a. The price of the drink of alcoholic liquor is not changed during the time that it is discounted;
b. The period of time during which any drink of alcoholic liquor is discounted does not exceed four hours per day and
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fifteen hours per week; however, this period of time is not required to be consecutive and may be divided by the
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licensee in any manner;
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c. The drink of alcoholic liquor is not discounted between the hours of 10:00 p.m. and the licensed premises' closin;
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and
d. Notice of the discount of the drink of alcoholic liquor during a specified time is posted on the licensed premises c
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the licensee's publicly available website at least seven days prior to the specified time.
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(Ord. No. 2015-51, § 3, 9-21-2015)
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5.20.210 - Application of other ordinances and laws.
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Nothing in this Chapter shall excuse or relieve the owner, proprietor or person in charge of any tavern or other place in the Village whe
alcoholic liquor or adult use cannabis is sold from the restrictions and requirements of any other ordinance or ordinances in the Village or c
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statutes of the State.
(Ord. 94-7 § 1 (part), 1994: Ord. 77-35 § 15, 1977)
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5.20.220 - Licensing on premises for which license is revoked.
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When any license under this Chapter has been revoked for any cause at the discretion of the Local Liquor Control Commissioner, no licer
need be granted to any person, firm or corporation for the period of one year thereafter for the conduct of the sale of alcoholic liquor or for the
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conduct of sale of adult use cannabis in the premises described in such revoked license.
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(Ord. 94-7 § 1 (part), 1994: Ord. 77-35 § 16, 1977)
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Packet Pg. 56
8.E
Ordinance No. 0-2020-5 : Approve an Ordinance Granting a Special
Use for a Recreational Use at 1380 Busch Parkway
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................
The Planning & Zoning Commission recommended approval, subject to conditions. Staff concurs with this
recommendation.
SUMMARY: The petitioners are proposing to operate a Golf Simulator Facility, WJ Sports Entertainment
at 1380 Busch Parkway. The 3,337 square foot facility is currently vacant. Pursuant to the Zoning
Ordinance, a recreational use is a special use in the Industrial District.
ATTACHMENTS:
• BOT Memo (DOCX)
• Ordinance (DOCX)
• Exhibit A Plan Set (PDF)
• Exhibit B PZC Minutes(PDF)
Trustee Liaison
W eidenfeld
Monday, January 6, 2020
Staff Contact
Chris Stilling, Community Development
Updated: 12/30/2019 2:50 PM
Page 1
Packet Pg. 57
8.E.a
NI/111,,AGE OF
DATE: January 2, 2020
TO: Dane Bragg, Village Manager
FROM: Christopher Stilling, Director of Community Development
SUBJECT: Ordinance approving a special use for a special use for a recreational use (Golf
simulator facility) in the Industrial District
BACKGROUND
The petitioners, Won Cho and JibsocJung, are proposing to operate a Golf Simulator Facility, WJ Sports
Entertainment at 1380 Busch Parkway. The 3,337 square foot facility is currently vacant. Pursuant to
the Zoning Ordinance, a recreational use is a special use in the Industrial District.
PLANNING & ZONING COMMISSION (PZC) RECOMMENDATION
The PZC unanimously recommended approval of the special use, subject to the following conditions:
1. The special use is granted to Won Cho and Jibsoc Jung of WJ Sports Entertainment at 1380
Busch Parkway and said special use does not run with the land.
2. The special use granted may be assignable to subsequent petitioners seeking assignment
of this special use as follows:
i. Upon application of a petition seeking assignment of this special use, the
Village of Buffalo Grove, in their sole discretion, may approve the assignment
administratively, or may refer it to the Planning & Zoning Commission
and/or the Village Board for a public hearing.
ii. Such assignment shall be valid only upon the written approval of the Village of
Buffalo Grove granting said assignment, which may be granted or denied for
any reason.
3. The petitioner shall monitor traffic circulation and parking on the property and take
appropriate measures, as approved by the Village, to ensure adequate parking is being
provided. If the Village determines, in its sole discretion, that additional parking is required,
the petitioner shall provide said parking in manner acceptable to the Village.
Staff concurs with this recommendation.
Page 1 of 2
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8.E.a
PUBLIC HEARING COMMENTS
There were no comments or objections as part of the public hearing.
PLANNING & ZONING ANALYSIS
Proposed Use
This facility will have 7 individual simulator golfing rooms that can be used in 3 modes to
offer a different experience to the clients. Range Mode allows the clients for an outdoor
practice range experience, Lesson Mode allows instructors to record golf swings of the
clients, and Golf Mode allows the clients to play a full round of golf (18 holes).
Approximately 50% of the 3,337 square feet facility would be dedicated to golf simulator
areas which is found in the rear portion of the tenant space. The other 50% of the facility
will be used for bathrooms, office, storage, and common.
Operations
• General hours of operation for WJ Entertainment Sports are between 9:00 am to 10:00
pm on the weekdays, and 8:00 am to 11:00 pm on the weekends.
• The golf simulator rooms will be open throughout the business hours, the maximum
anticipated clients between 9:00 am — 4:00 pm is a total 7 clients or less. The maximum
anticipated clients between 4:00 pm — 6:00 pm is a total of 10 clients, and after 6:00 pm
to closing time at 10:00 pm the anticipated clients is a total of 14 clients.
• During the weekend hours, the maximum anticipated clients is 18 at any given time
between 9:00 am —11:00 pm.
• There will be no alcohol served in the WJ Sports Entertainment facility.
• WJ Sports Entertainment aims to target families, seniors, young professionals, avid golfers
and corporate employees by offering programs that would best suit each of the groups.
Parking
• The facility currently has 120 parking spaces and 6 ADA parking spaces in the 1300 — 1398
Busch Parkway lot.
• There will be an anticipated total of up to 10 people in the facility between 9:00 am —4:00 pm,
an anticipated total of 13 people in the facility between 4:00 pm — 6:00 pm, and an anticipated
total of 19 people between 6:00 pm — 10:00 pm on the weekdays.
• There is anticipated total of 21 people in the facility at any given time on the weekends.
• The Property owner, Van Vlissingen and Co. has provided the Village a detailed parking study
to include the maximum number of cars parked in the parking lot at each hour during the
day starting at 6:00 am up to 8:00 pm.
• The maximum number of cars parked in the parking lot at a given time is 80, which leaves
the parking lot with a surplus of 40 parking spaces and 6 ADA parking spaces.
• During the weekend, the maximum number of cars parked in the parking lot at any given time
is 24, which leaves the parking lot with a surplus of 94 parking spaces, and 6 ADA parking
spaces.
• After conducting the parking analysis, Staff does not have any concerns with parking for the
proposed WJ sports Entertainment facility.
RECOMMENDATION
Staff recommends that the Village Board approve an Ordinance granting the special use, subject to the
conditions in the attached Ordinance.
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Page 2 of 2
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8.E.b
ORDINANCE NO. 2019 -
AN ORDINANCE APPROVING A SPECIAL USE FOR A RECREATIONAL FACILITY
IN THE INDUSTRIAL DISTRICT AT 1380 BUSCH PARKWAY
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
WJ Sports Entertainment
1380 Busch Parkway
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution
of 1970; and,
WHEREAS, Won Cho and Jibsoc Jung of WJ Sports Entertainment ("Petitioner") has filed a petition
for a recreational facility in the Industrial District for the Property at 1380 Busch Parkway, Buffalo Grove,
IL ("Property'); and,
WHEREAS, the Village Planning & Zoning Commission conducted a public hearing on December 4,
2019 concerning the petition for the special use; and,
WHEREAS, the Planning & Zoning Commission made a finding and determined that the petition
meets the criteria of a special use as set forth in the Buffalo Grove Zoning Ordinance, as described in the
minutes attached as Exhibit B; and,
WHEREAS, the Planning & Zoning Commission voted 8 to 0 to recommend approval of the special
use; and,
WHEREAS, the President and Village Board of Trustees after due and careful consideration have
concluded that the proposed special use is a reasonable use of the Property and will serve the best
interests of the Village.
WHEREAS, the proposed special use shall be operated in accordance with and pursuant to the
following exhibits:
EXHIBITA Plans
EXHIBIT B Minutes from the December 4, 2019 Planning & Zoning Commission
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: M
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Section 1. This Ordinance is made pursuant to and in accordance with the Village's Zoning O
Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part
of this Ordinance. E
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Section 2. The Corporate Authorities hereby grant a special use for a recreational facility in the Q
Industrial District for the Property at 1380 Busch Parkway, Buffalo Grove, IL, subject to the following
Packet Pg. 60
8.E.b
2
conditions:
1. The special use is granted to Won Cho and Jibsoc Jung of WJ Sports Entertainment at 1380 Busch
Parkway and said special use does not run with the land.
2. The special use granted may be assignable to subsequent petitioners seeking assignment of
this special use as follows:
Upon application of a petition seeking assignment of this special use, the Village
of Buffalo Grove, in their sole discretion, may approve the assignment
administratively, or may refer it to the Planning & Zoning Commission and/or the
Village Board for a public hearing.
Such assignment shall be valid only upon the written approval of the Village of
Buffalo Grove granting said assignment, which may be granted or denied for any
reason.
3. The petitioner shall monitor traffic circulation and parking on the property and take appropriate
measures, as approved by the Village, to ensure adequate parking is being provided. If the Village
determines, in its sole discretion, that additional parking is required, the petitioner shall provide
said parking in manner acceptable to the Village.
Section 3. This Ordinance shall be in full force and effect upon passage.
This Ordinance shall not be codified.
AYES:
NAYS:
ABSENT:
PASSED:
APPROVED:
ATTEST:
Village Clerk
APPROVED:
Beverly Sussman, Village President
Packet Pg. 61
8.E.b
EXHIBIT A
Plans
WJ Sports Entertainment
1380 Busch Parkway
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EXHIBIT B
Minutes from the December 4. 2019 Planning & Zoning Commission
WJ Sports Entertainment
1380 Busch Parkway
Packet Pg. 63
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Business Proposal
I. Business Concept
a. WJ Sports Entertainment is going to be the pioneer into a new area of indoor golf experience
b. WJ Sports Entertainment wants to bring golf sport that everyone can play anywhere at any time
c. Members vs non-members distinctions and advantages
d. Location will be near industrial and residential area for people to socialize and meet new golfers
e. New golf system can be introduced into residential homes, accommodating PGA tournament hotels,
local festivals, hotels, resorts, auto dealerships, club houses, and commercial buildings
i. Installation and maintenance will be provided by WJ Sports Entertainment
ii. Annual maintenance fees will be applied for all sales
f. Franchising business model once proof of concept has been achieved
II. Branding
a. Following PGA guidelines and tournament schedule to host indoor tournaments
b. WJ Sports Entertainment will focus on user's experience and creating loyal customers
c. Promoting the accuracy in the technology behind our brand
d. Accessibility to US and International golf courses at any time
e. Timesaving to play indoor vs outdoor
f. Competitive online play (global market) with similar handicap players
i. Ball launch detected simultaneously on competitive play
g. Bonding our brand into the hearts of our customers
III. Positioning and Targeting
a.
wa Sports
b. Targeting age group between 20-55
c. Using existing high salary network for residential sales/installation
d. Using existing network to enter commercial space for sales/installation
e. Target 5-7 new members per week
f. Sales review meeting of system and membership quarterly for realignment to the current market
requirement
Packet Pg. 65
8.E.c
IV. Advertising and Promotion
a. Internet advertising is growing at a rate of 15% to 20% annually
i. Instagram
ii. Facebook
iii. YouTube channel
iv. Live Stream (Twitch TV)
b. State of the art accuracy, user interface (HD), and experience
c. Radio and Golf podcast advertising
d. Inviting PGA amateur/pro players to showcase stroke play
e. Local indoor long drive competition
f. Local Indoor tournament league following PGA tournament schedules
g. Retaining monthly membership will accrue points for personalized gifts and merchandise provided by
WJ Sports Entertainment
V. Products and Service Line
a. Private Lesson $50-$100
b. Bay rental $32-$37 (hourly)
c. Indoor driving range $5-$9 (1/2 hour)
d. Corporate events $599-$1199 (four hours)
VI. Conclusion
a. In conclusion, with the high potential for indoor golf business in the Midwest and the number of golfers
that will likely increase based on current paradigm shift for a new concept in indoor golf entertainment.
This venture has great scope to satisfy the current demands. The strengths in focusing on unique
experience and building its brand organically in Chicago to enhance taking up golf for beginners,
providing an atmosphere to play competitively and non -competitively with friends/families, and to
improve the game of golf at our driving range.
Packet Pg. 66
8.E.c
WJ Golf Project of Intent
No alcohol will be served at WJ Sports Entertainment.
WJ golf is an indoor golf simulator facility with the intent to provide a unique golf experience in a safe and fun
environment. Our business will let prospect golfers experience the game of golf through our simulators and seasoned
golfers can improve their golf game with our training tools and meet new golfers from neighboring communities.
WJ golf will provide private lessons to our customers as a service. Customers will schedule their lessons on our online
platform and lessons will be held on weekdays only.
WJ golf will host monthly activities for children on Saturday mornings to neighboring communities to teach and raise
interest in golf.
Hours of operation
Weekdays gam to 10pm (M-F)
Weekends Sam to 11pm (Saturday and Sunday)
(See attached spreadsheet exhibit for detail information)
Number of Employees
2019: 3 WJ employees (2 owners)
1 receptionist and 2 owners demonstrating simulators and catering customer needs.
2020: anticipating 4 WJ employees (2 owners)
1 receptionist, 1 golf pro and 2 owners demonstrating simulators and catering customer needs.
(See attached spreadsheet exhibit for detail information)
Discounts for WJ golf
Military
Fire & Paramedics
Police
JSS (Juniors, Seniors, and Students)
Soft Drinks and Snacks will be sold at WJ Golf
Packet Pg. 67
8.E.c
PROPOSED FLOOR PLAN
3/32" = l'-0"
INTERIOR ALTERATION PROPOSAL
1380 BUSCH PARKWAY
ASK 1-4 BUFFALO GROVE, IL MOV. 03, 2019
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Buffalo Grove, IL Code of Ordinances
Page 1 of 2
8.E.c
17.28.040 - Criteria for special use.
R
All special uses shall meet the following criteria:
The special use will serve the public convenience at the location of the subject property; or the
establishment, maintenance or operation of the special use will not be detrimental to or endanger the
public health, safety, morals, comfort, or general welfare;
2. ci( s)
The location and size of the special use, the nature and intensity of the operation involved in or
conducted in connection with said special use, the size of the subject property in relation to such
special use, and the location of the site with respect to streets giving access to it shall be such that it
will be in harmony with the appropriate, orderly development of the district in which it is located;
3. ( 111(�,;s i
The special use will not be injurious to the use and enjoyment of other property in the immediate
vicinity of the subject property for the purposes already permitted in such zoning district, nor
substantially diminish and impair other property valuations with the neighborhood;
4.
The nature, location and size of the buildings or structures involved with the establishment of the
special use will not impede, substantially hinder or discourage the development and use of adjacent
land and buildings in accord with the zoning district within which they lie;
5.
Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be
provided;
Parking areas shall be of adequate size for the particular special use, which areas shall be properly
located and suitably screened from adjoining residential uses, and the entrance and exit driveways to
and from these parking areas shall be designed so as to prevent traffic hazards, eliminate nuisance and
minimize traffic congestion in the public streets.
The special use shall in all other respects conform to the applicable regulations of the zoning district
in which it is located, except as such regulations may be varied. Notwithstanding the foregoing,
business planned unit developments shall conform within ction 17.44.040(D) unless varied.
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Packet Pg. 72
Buffalo Grove, IL Code of Ordinances
Page 2 of 2
8.E.c
The Planning & Zoning Commission may recommend and the Corporate Authorities may impose
such conditions and restrictions upon the subject property, the location, the construction and design
of buildings and use of the property benefited by such special use as may be necessary or appropriate
to comply with the foregoing criteria.
D. � )'"� u i
Notwithstanding (_"hapter 17.52, the Planning & Zoning Commission may recommend and the
Corporate Authorities may vary the regulations of the zoning district in which the special use is
located subject to meeting the criteria of Section 17.52.070(A)(1)—(3), except for planned unit
developments which shall meet the general objectives ofSection 17.28.050(A)(1)—(7).
(Ord. 2004-100 § 2, 2004)
(Ord. No. 2014-43, § 21, 6-16-2014)
( WJ. Spoo s l iiit m tlm:� i� iiuumtmt °flli �iHd b),d'we i rit riia df4iiud abovv)
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Packet�Pg.73
8.E.d
12/4/2019
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE
VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON WEDNESDAY, DECEMBER 4, 2019
Call to Order
The meeting was called to order at 7:30 PM by Chairman Frank Cesario
Public Hearings/Items For Consideration
1. Petition to the Village of Buffalo Grove for a Special Use for a Recreational Use (Golf
Simulator Facility) in the Industrial District for the Property at 1380 Busch Parkway
(Trustee Weidenfeld) (Staff Contact: Nicole Woods)
Mr. Cho, Mr. Jung and Mr. Lamphere were sworn in.
Mr. Cho described their request for a special use to operate a golf simulator facility at
1380 Busch Parkway.
Com. Goldspiel asked the petitioners to explain the parking.
Mr. Lamphere responded that there are 120 parking spaces and 6 ADA parking spaces
and do not anticipate any parking issues.
Com. Goldspiel asked the petitioners about the night lighting in the area of 1380 Busch
Parkway.
Mr. Lamphere responded that the lighting was adequate for patron safety.
Com. Goldspiel asked the petitioners where additional parking would be in the event
they came across inadequate parking.
Mr. Lamphere responded that the current landscape would allow for additional parking
should they come into a situation in which they no longer had adequate parking.
Deputy Community Development Director Woods commented that there is ample
parking in this area, and explained why staff included additional parking as a condition
to the special use.
Com. Goldspiel asked the petitioners if there would be any outside use.
Mr. Lamphere responded no, there will not be any outside use.
Chairperson Cesorio asked the petitioners to describe the use of the facility in terms of
number of players and the hours in which they would be busy.
Mr. Lamphere responded that they would be most busy during week nights and
weekends and would have a minimum of 2 to 4 at each of the simulators.
Com. Moodhe asked if the facility could hold a corporate event, and if it could, how
many people could be in the corporate group.
Mr. Cho responded that they could host a corporate event up to 20 people max on week
nights.
Com. Weinstein asked the petitioners to go over the special use criteria and provide
more detail.
Packet Pg. 80
12/4/2019
8.E.d
Mr. Cho responded with detailed answers to the special use criteria.
Com. Khan asked the petitioners to educate the commission on the golf simulator system
and how it works.
Mr. Cho explained how the golf simulator system works and the time it would take to
complete 18 holes for a beginner.
Com. Khan asked if training was available.
Mr. Cho responded that there are 3 modes to accommodate the needs of the player
including a training mode.
Chairperson Cesario entered the staff report as exhibit one.
The public hearing closed at 7:47 PM.
Com. Weinstein made a motion to approve a special use for a recreational use (golf
simulator facility) in the Industrial District, subject to the following conditions:
1. The special use is granted to Won Cho and Jibsoc Jung of WJ Sports Entertainment at
1380 Busch Parkway and said special use does not run with the land.
2. The special use granted may be assignable to subsequent petitioners seeking
assignment of this special use as follows: i. Upon application of a petition seeking
assignment of this special use, the Village of Buffalo Grove, in their sole discretion, may
approve the assignment administratively, or may refer it to the Planning & Zoning
Commission and/or the Village Board for a public hearing. ii. Such assignment shall be
valid only upon the written approval of the Village of Buffalo Grove granting said
assignment, which may be granted or denied for any reason.
3. The petitioner shall monitor traffic circulation and parking on the property and take
appropriate measures, as approved by the Village, to ensure adequate parking is being
provided. If the Village determines, in its sole discretion, that additional parking is
required, the petitioner shall provide said parking in manner acceptable to the Village.
Com. Khan seconded the motion.
Com. Moodhe commented on the recreational use of the business and how it is
consistent with the use of the rest of the building, and sees a need.
Com. Goldspiel asked if the motion included
Chairperson Cesario commented on the use and concurs with Com. Moodhe, that the use
of the building is not new and believes that it will keep the area active.
RESULT: APPROVED [UNANIMOUS]
AYES: Moodhe, Cesario, Cohn, Goldspiel, Khan, Weinstein, Richards, Worlikar
ABSENT: Amy Au
Regular Meeting
Other Matters for Discussion
None.
Approval of Minutes
Packet Pg. 81
12/4/2019
8.E.d
None.
Planning and Zoning Commission - Regular Meeting - Nov 20, 2019 7:30 PM
RESULT:
ACCEPTED [7 TO 0]
AYES:
Moodhe, Cesario, Cohn, Khan, Weinstein, Richards, Worlikar
ABSTAIN:
Stephen Goldspiel
ABSENT:
Amy Au
Chairman's Report
Committee and Liaison Reports
Com. Weintein talked about the items that were approved at the Village Boarding Meeting,
previously brought to the Planning and Zoning Commission.
Staff Report/Future Agenda Schedule
Deputy Community Development Director, Woods, spoke about the future agenda item for the
December 18th PZC meeting.
Public Comments and Questions
Adjournment
The meeting was adjourned at 7:51 PM
Chris Stilling
APPROVED BY ME THIS 4th DAY OF December , 2019
Packet Pg. 82
9.A
Ordinance No. 0-2020-6 : Ordinance Approving a Special Use for an
Adult -Use Cannabis Dispensary, Which Includes a Medical
Cannabis Dispensary in the B3 Planned Business Center District for
the Property at 830-840 Milwaukee Avenue
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
The Planning & Zoning Commission held the required public hearing on December 18, 2019 and voted 4-
4. Therefore there is no recommendation from the PZC. Staff recommends approval, subject to the
conditions in the attached Ordinance.
On October 21, 2019, the Village Board approved Ordinance 2019-54 (attached) establishing regulations
for Adult -Use Cannabis Dispensaries (recreational cannabis dispensaries) in the Village. Subsequent to
the approval, the Village has received an application from the Village's existing medical cannabis
dispensary, PDI Medical, requesting a special use to operate both a recreational and medical cannabis
dispensary at 830-840 Milwaukee Avenue in the Shops of Buffalo Grove development.
ATTACHMENTS:
• BOT Memo (DOCX)
• Ordinance (DOCX)
• Exhibit A- Plan Set (PDF)
• Exhibit B- Draft PZC Minutes 12.18.19 (PDF)
• Objector Emails (PDF)
• Ordinance 2019-54 (PDF)
Trustee Liaison
Johnson
Monday, January 6, 2020
Staff Contact
Chris Stilling, Community Development
Updated: 12/31/2019 11:01 AM
Page 1
Packet Pg. 83
9.A.a
ILL E OF
BUFFALO C'MONIE'
MEMORANDUM
DATE: January 2, 2020
TO: Dane Bragg, Village Manager
FROM: Christopher Stilling, Deputy Village Manager
N1
SUBJECT: Approve an Ordinance Granting a Special Use for an Adult -Use Cannabis Dispensary,
which includes a Medical Cannabis Dispensary in the B3 Planned Business Center
District for the property at 830-840 Milwaukee Avenue
PROJECT BACKGROUND
On October 21, 2019, the Village Board approved
Ordinance 2019-54 (attached) establishing
regulations for Adult -Use Cannabis Dispensaries
(recreational cannabis dispensaries) in the Village.
Subsequent to the approval, the Village has received
an application from the Village's existing medical
cannabis dispensary, PDI Medical, requesting a
special use to operate both a recreational and
medical cannabis dispensary at 830-840 Milwaukee
Avenue in the Shops of Buffalo Grove development.
PLANNING & ZONING COMMISSION (PZC) RECOMMENDATION
The Planning & Zoning Commission held the required public hearing on December 18, 2019 and voted
4-4. Therefore there is no recommendation from the PZC.
Staff recommends approval, subject to the following conditions:
1. The special use for a cannabis dispensary is granted to PDI Medical III, LLC, for the tenant space at
830-840 Milwaukee Avenue and shall substantially conform to the documents and plans submitted
as Exhibit A in the Ordinance. The special use shall not be transferable or assignable and does not
run with the land.
2. The hours of operation shall be limited to 9AM to 10PM Monday — Sunday, except as may be
approved by the Village.
3. All exterior signage associated with the proposed Cannabis Dispensary located at 830-840
Milwaukee Avenue shall be in compliance with the Sign Regulations established in Chapter 14 of
the Code of Ordinances, Ordinance 2016-65 and State Statute. In addition, no exterior signage or
window signage shall use the word "marijuana," "cannabis," or any other word, phrase or symbol
commonly understood to refer to marijuana or cannabis.
Page 1 of 7
Packet Pg. 84
9.A.a
4. The display of merchandise and/or products related to cannabis shall not be visible from the
exterior of the building.
5. Prior to the issuance of a certificate of occupancy, the final security plan shall be reviewed and
approved by the Chief of Police.
6. Other than cannabis -infused food products, no adult -use cannabis dispensary shall also sell food
for consumption on the premises in the same tenant space.
7. Any consumption, including but not limited to sampling or offering samples, of cannabis or
cannabis infused products shall be prohibited within the dispensary and on the premises. The
dispensary shall be responsible for enforcing the prohibition of on -site consumption of cannabis
under all circumstances inside and outside the dispensary and on the premises.
8. PDI Medical III, LLC, may not conduct any sales or distribution of cannabis other than as authorized
by State Statute.
9. PDI Medical III, LLC, shall file an affidavit with the Village affirming compliance with Section
17.28.80 as provided herein and all other requirements of State Statute.
10. Any violation of the conditions associated with this special use ordinance and the Buffalo Grove
Municipal Code could result in penalties including but not limited to the revocation of the special
use.
11. In addition to all other required security measures, PDI Medical III, LLC, agrees that the Village may
conduct random unannounced compliance checks of its operations at 830-840 Milwaukee Avenue.
12. PDI Medical III, LLC shall enter into a Development and Operating Agreement in a manner
acceptable to the Village.
13. Prior to the issuance of a certificate of occupancy, PDI Medical III, LLC shall provide the Village a
copy of their State License to operate a cannabis dispensary.
PUBLIC HEARING COMMENTS
There were 4 members of the public who spoke in opposition to the special use citing safety concerns,
underage access to cannabis and the proximity to "Attention to Wellness" Therapy which is located in
an unincorporated office building to the south of the existing Potbelly Shopping Center. Staff notes
that the condition of the 1000' buffer from "substance abuse treatment or counseling center" only
applies to facilities within the corporate limits of Buffalo Grove. Putting aside whether this office even
qualifies under this section, it is not in the Village. Staff finds that the petitioner meets this condition.
PLANNING & ZONING ANALYSIS o
N
PDI Medical Zoning History p
• In 2015, the Village approved Ordinance 2015-18 granting a special use allowing PDI Medical III, o
LLC (PDI) to operate a medical cannabis dispensary at 1623 Barclay Boulevard. E
• In 2018, PDI was purchased by Cresco Labs, a national company specializing in the cannabis
O
dispensing business. m
c
• While Cresco Labs assumed the ownership of the business, the name and operations of the existing a)
E
establishment and the approving Ordinance remain unchanged.
U
a
Page 2 of 7
Packet Pg. 85
9.A.a
• PDI has been in operation at their current location for nearly four years and to date, the Village
has not experienced any material problems or complaints from the use.
State and Local Request
• PDI and their owner Cresco Labs are seeking to relocate the existing dispensary and operate both
a recreational and medical cannabis dispensary at 830-840 Milwaukee Avenue in the Shops of
Buffalo Grove development.
• The request would include a special use for an Adult -Use Cannabis Dispensary and Medical
Cannabis Dispensary pursuant to the Village's recently adopted Ordinance (attached).
• PDI has submitted the required application to the State of Illinois to relocate their existing medical
cannabis dispensary to 830-840 Milwaukee Avenue and their application is included in the
submittal package.
• Although the State of Illinois has already issued PDI permission to begin selling recreational
cannabis at their current location on Barclay, PDI has not filed the necessary special use to begin
selling at 1623 Barclay. Therefore they will not be able to sell recreational cannabis at that location.
• At this time, PDI has elected to pursue this new location on Milwaukee Avenue as it is larger, more
visible and has more parking spaces. Their ability to operate both a medical and recreational
dispensary at this new location will be contingent on the receipt of the State license.
Proposed Plan
The following is a summary of their proposed plans for 830-840 Milwaukee Avenue:
• PDI is proposing to occupy a 4,900 square foot tenant space in the Shops of Buffalo Grove
development which is zoned B3 Planned Business District.
• The space is located between the existing Starbucks and T-Mobile and will have frontage on
Milwaukee Avenue.
• The business would include both a recreational and medical cannabis dispensary and is permitted
as a special use, subject to conditions, in the B3 District.
Floor Plan/Operations
• As noted, the tenant space is currently vacant and is 4900 square feet in area.
• Approximately 2500 square feet will be dedicated to the retail showroom and counter area.The
balance of the space would include receiving area, offices, breakroom and washrooms.
• The proposed floor plan has a single secured entrance on the north side of the space.
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• Customers will be required to check in and be verified
in this area before gaining access to the secured retail
area.
• Medical cannabis cardholders that are under the age of
21 would be escorted into an adjacent room where
they would complete purchases.
• Medical cannabis cardholders under 21 will not be
allowed to enter the retail area and will be escorted out
of the lobby.
• All items on the showroom floor are for "display only'
and do not contain actual product.
• All products are kept in a secured area and brought out to the customer as part of their transaction
• The business would be open 9AM to 10PM, 7 days a week.
• PDI estimates that as many as 4 deliveries/week could occur. Delivery times will be random.
Signage/Exterior
• PDI has provided a rendering showing the exterior of
the space.
• PDI will be providing screening over the front
windows to block the view into the interior.
• Pursuant to the Sign Code, the business is permitted
to have 1 wall sign. According to information
provided by the applicant, they would have 1 sign
with "Sunnyside" shown. They also show 2
additional yellow panels on either side. Staff will
work with the applicant to ensure that the signage
proposed meets Village Code.
• As a condition of approval, staff recommends that no
exterior signage or window signage shall use the word "marijuana," "cannabis," or any other word,
phrase or symbol commonly understood to refer to marijuana or cannabis. Furthermore, staff
recommends that the display of merchandise and/or products related to medical cannabis shall
not be visible from the exterior of the building.
Parking
• Pursuant to the Zoning Ordinance, the parking requirements for the proposed use (1 space/200
square feet) would require 20 parking spaces.
• This space was originally identified as a restaurant and parking was developed at a ratio of 10
spaces/1,000 square feet (50 spaces).
• PDI has submitted a memo from their traffic engineer who finds that adequate parking is provided
Staff concurs with this finding.
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Security
• PDI has provided a detailed security plan, which has been reviewed by the Village's Police
Department. Overall, the Police Department does not have any issues or concerns.
In addition to a state of the art security system, they will also have an armed guard at the premise
during the hours of operation. Further details about their security plan will be presented at the
public hearing.
• As a condition of approval, staff recommends that the final security plan be reviewed and approved
by the Police Chief prior to the issuance of a certificate of occupancy.
COMPLIANCE WITH VILLAGE CODE
As noted, the Village approved Ordinance 2019-54 establishing standards for recreational cannabis
dispensaries. The following is a summary of PDI's compliance with the key standards:
The adult -use cannabis dispensary must be operated by an organization or business that is
currently licensed by the Illinois Department of Financial and Professional Regulation to operate a
medical cannabis dispensary under the Compassionate Use of Medical Cannabis Pilot Program Act
(4101LCS 130 et seq.).
Staff Response: Although PDI Medical III, LLC is seeking approval from the State to relocate their
medical cannabis license to 830-840 Milwaukee Avenue, they currently have a license to operate
a medical cannabis business at 1623 Barclay. Therefore, staff finds that they meet this condition.
2. The adult -use cannabis dispensary must keep a copy of the dispensing organization agent
identification card issued pursuant to the Compassionate Use of Medical Cannabis Pilot Program
Act visible at all times.
Staff Response: This will remain as a condition.
3. There shall be no more than two adult -use cannabis dispensaries permitted at any one time.
Staff Response: PDI is the first request the Village has received. Therefore, staff finds that they
meet this condition.
4. The adult -use cannabis dispensary may not be located within 1,000 feet of the property line of a
pre-existing public or private nursery school, pre-school, primary or secondary school, day care
center, or day care home, museum, library and substance abuse treatment or counseling center
within the Village of Buffalo Grove corporate limits. Notwithstanding the foregoing, an adult -use
cannabis dispensary will not be deemed to violate this provision if one of the school related facilities
locates within the 1,000 foot spacing after the adult -use cannabis dispensary has been granted
special use approval by the Village. Learning centers and vocational/trade centers shall not be
classified as a public or private school for purposes of this Section.
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Staff Response: The Village has received 2 emails (attached) from individuals concerning the
location of "Attention to Wellness" Therapy which is located in an unincorporated office building
to the south of the existing Potbelly Shopping Center. The condition of the 1000' buffer from m
"substance abuse treatment or counseling center" only applies to facilities within the corporate
limits of Buffalo Grove. Putting aside whether this office qualifies under this section, it is not in E
the Village. Staff finds that the petitioner meets this condition. t
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5. At least 85% of the floor area of any tenant space occupied by an adult -use cannabis dispensary
shall be devoted to the activities of the dispensary as authorized by the Act. Any request for
reduction in floor area percentage shall be evaluated as part of the Special Use request.
Staff Response: Staff finds that they meet this condition.
6. For purpose of determining required parking, the adult -use cannabis dispensary shall be classified
as a retail and wholesale trade pursuant to Section 17.36.040 of the Zoning Ordinance; provided
however that the Village may require that additional parking be provided as a result of the analysis
completed through the Special Use process.
Staff Response: Staff finds that they meet this condition.
7. Other than cannabis -infused food products, no adult -use cannabis dispensary shall also sell food
for consumption on the premises in the same tenant space.
Staff Response: This will remain as a condition.
8. On -site consumption of cannabis shall be prohibited within an adult -use cannabis dispensary and
on the premises. The dispensary shall be responsible for enforcing the prohibition of on -site
consumption of cannabis under all circumstances inside and outside the dispensary and on the
premises.
Staff Response: This will remain as a condition.
9. The adult -use cannabis dispensary may not conduct any sales or distribution of cannabis other than
as authorized by the Act.
Staff Response: This will remain as a condition.
10. No adult -use dispensary shall be maintained or operated in a manner that causes, creates, or allows
the public viewing of adult -use cannabis, cannabis -infused products or cannabis paraphernalia or
similar products from any sidewalk, public or private right-of-way or any property other than the
lot on which the dispensary is located. No portion of the exterior of the dispensary shall utilize or
contain any flashing lights, search lights or spot lights or any similar lighting system.
Staff Response: This will remain as a condition.
11. No adult -use cannabis dispensary nor any other person or entity shall place or maintain, or cause O
to be placed or maintained, an advertisement of cannabis or cannabis -infused product in any form
or through any medium: £
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a. Within 1,000 feet of the perimeter of a pre-existing public or private nursery school, pre-
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school, primary or secondary school, day care center, or day care home within the Village 0
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of Buffalo Grove corporate limits, or
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b. On or in a public transit vehicle or public transit shelter, or t
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9.A.a
All advertising shall comply with the rules and regulations set forth in the Cannabis Regulation and
Tax Act (P.A. 101-0027).
Staff Response: Staff finds that they meet this condition.
12. Each adult -use dispensary shall prohibit any person who is not at least twenty-one (21) years of
age from entering the dispensary, except for cardholders granted medical access under the
Compassionate Use of Medical Cannabis Act over 18 years of age, whose access shall be limited to
the medical cannabis dispensing area only. Dispensaries shall not employ anyone under the age of
twenty-one (21). Access to the dispensary shall be limited exclusively to dispensary staff and those
specifically authorized under the Cannabis Regulation and Tax Act (P.A. 101-0027).
Staff Response: PDI has submitted a plan to address this condition. Medical cannabis cardholders
that are under the age of 21 would be escorted into an adjacent room where they would
complete purchases. Once completed, they will be escorted out and not allowed to enter the
retail floor area. Staff finds that they meet this condition.
13. As part of the Special Use application requirements, Petitioner shall submit plans regarding
installation of building enhancements, such as security cameras, security systems, lighting or other
improvements to ensure the safety of employees and customers of the adult -use cannabis
dispensary, as well as its environs. Said improvements shall be determined based on the specific
characteristics of the dispensary and of the floor plan for an adult -use cannabis dispensary and the
site on which it is located, consistent with the requirements of the Act.
Staff Response: PDI has provided a detailed security plan, which has been reviewed by the
Village's Police Department. Overall, the Police Department does not have any issues or
concerns. As a condition of approval, staff recommends that the final security plan be reviewed
and approved by the Police Chief prior to the issuance of a certificate of occupancy
14. The Special Use Applicant shall submit a complete copy of their license application and all plans
submitted to the State of Illinois, or any agency thereof, as part of their special use application.
Before issuance of a certificate of occupancy or otherwise opening to the public, Adult -Use
Cannabis Business Organizations must provide a copy of their state license to operate as an adult -
use cannabis dispensary issued by the Illinois Department of Financial and Professional Regulation.
Staff Response: PDI has submitted their application to the State. Staff finds that they meet this
condition.
15. Petitioner shall file an affidavit with the Village affirming compliance with Section 17.28.80-c as
provided herein and all other requirements of the Act.
Staff Response: This will remain as a condition. o
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Staff recommends that the Village Board approve an Ordinance granting a Special Use for an Adult -
Use Cannabis Dispensary, which includes a Medical Cannabis Dispensary in the B3 Planned Business
Center District for the property at 830-840 Milwaukee Avenue
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9.A.b
ORDINANCE NO. 2020 -
AN ORDINANCE APPROVING A SPECIAL USE FOR AN ADULT -USE CANNABIS DISPENSARY,
WHICH INCLUDES A MEDICAL CANNABIS DISPENSARY IN THE B3 PLANNED BUSINESS CENTER DISTRICT
FOR THE PROPERTY AT 830-840 MILWAUKEE AVENUE
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
PDI Medical III, LLC
830-840 Milwaukee Avenue
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution
of 1970; and,
WHEREAS, PDI Medical III, LLC ("Petitioner') has filed a petition for a Special Use for an Adult -
Use Cannabis Dispensary, which includes a Medical Cannabis Dispensary in the B3 Planned Business
Center District for the property at 830-840 Milwaukee Avenue ("Property'); and,
WHEREAS, the Village Planning & Zoning Commission conducted a public hearing on December
18, 2019 concerning the petition for the special use and voted 4-4 on the Special Use; and,
WHEREAS, the President and Village Board of Trustees after due and careful consideration have
concluded that the proposed special use meets the criteria of a special use as set forth in the Buffalo
Grove Zoning Ordinance and is a reasonable use of the Property and will serve the best interests of the
Village.
WHEREAS, the proposed special use shall be operated in accordance with and pursuant to the
following exhibits:
EXHIBITA Plans
EXHIBIT B Draft Minutes from the December 18, 2019 Planning & Zoning Commission
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. This Ordinance is made pursuant to and in accordance with the Village's Zoning
Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part
of this Ordinance.
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Section 2. The Corporate Authorities hereby grant a Special Use for an Adult -Use Cannabis c
Dispensary, which includes a Medical Cannabis Dispensary in the B3 Planned Business Center District for
the property at 830-840 Milwaukee Avenue, Buffalo Grove, IL, subject to the following conditions:
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1. The special use for a cannabis dispensary is granted to PDI Medical III, LLC, for the tenant space at
830-840 Milwaukee Avenue and shall substantially conform to the documents and plans submitted t
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9.A.b
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as Exhibit A in the Ordinance. The special use shall not be transferable or assignable and does not run
with the land.
2. The hours of operation shall be limited to 9AM to 10PM Monday —Sunday, except as maybe approved
by the Village.
3. All exterior signage associated with the proposed Cannabis Dispensary located at 830-840 Milwaukee
Avenue shall be in compliance with the Sign Regulations established in Chapter 14 of the Code of
Ordinances, Ordinance 2016-65 and State Statute. In addition, no exterior signage or window signage
shall use the word "marijuana," "cannabis," or any other word, phrase or symbol commonly
understood to refer to marijuana or cannabis.
4. The display of merchandise and/or products related to cannabis shall not be visible from the exterior
of the building.
5. Prior to the issuance of a certificate of occupancy, the final security plan shall be reviewed and
approved by the Chief of Police.
6. Other than cannabis -infused food products, no adult -use cannabis dispensary shall also sell food for
consumption on the premises in the same tenant space.
7. Any consumption, including but not limited to sampling or offering samples, of cannabis or cannabis
infused products shall be prohibited within the dispensary and on the premises. The dispensary shall
be responsible for enforcing the prohibition of on -site consumption of cannabis under all
circumstances inside and outside the dispensary and on the premises.
8. PDI Medical III, LLC, may not conduct any sales or distribution of cannabis other than as authorized by
State Statute.
9. PDI Medical III, LLC, shall file an affidavit with the Village affirming compliance with Section 17.28.80
as provided herein and all other requirements of State Statute.
10. Any violation of the conditions associated with this special use ordinance and the Buffalo Grove
Municipal Code could result in penalties including but not limited to the revocation of the special use.
11. In addition to all other required security measures, PDI Medical III, LLC, agrees that the Village may
conduct random unannounced compliance checks of its operations at 830-840 Milwaukee Avenue.
12. PDI Medical III, LLC shall enter into a Development and Operating Agreement in a manner acceptable
to the Village.
13. Prior to the issuance of a certificate of occupancy, PDI Medical III, LLC shall provide the Village a copy
of their State License to operate a cannabis dispensary.
Packet Pg. 92
9.A.b
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Section 3. This Ordinance shall be in full force and effect upon passage.
This Ordinance shall not be codified.
AYES:
NAYS:
ABSENT:
PASSED:
APPROVED:
ATTEST:
Village Clerk
APPROVED:
Beverly Sussman, Village President
Packet Pg. 93
9.A.b
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EXHIBIT A
Plans
PDI Medical III, LLC
830-840 Milwaukee Avenue
Packet Pg. 94
9.A.b
5
EXHIBIT B
Draft Minutes from the December 18. 2019 Plannine & Zonine Commission
PDI Medical III, LLC
830-840 Milwaukee Avenue
Packet Pg. 95
Request for Special Use — 830-840 N. Milwaukee Ave
9.A.c
Application for Special Use
Applicant:
PDI Medical III, LLC
Property:
830-840 N. Milwaukee Avenue
Packet Pg. 96
9.A.c
Request for Special Use — 830-840 N. Milwaukee Ave
TABLE OF CONTENTS
1. Cover Letter
2. Narrative (with inventory security supplement)
3. Petition for Concept Review
4. Owner Authorization
5. Responses to Special Use Standards
6. Site Plan for Shops of Buffalo Grove
7. Updated Parking and Traffic Memo
8. Compliance with Village Ordinances
9. Floor Plan and Interior Renderings
10. Updated Exterior Rendering
11. PDI Medical Sam -Site Operations and Management Practices
12. Same -Site Application information to State of Illinois
Packet Pg. 97
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400 W. Erie Street I Suite 110 1 Chicago, IL 60654
312-929-0993
www.crescolabs.com
Christopher Stilling, AICP
Deputy Village Manager
Village of Buffalo Grove
50 Raupp Blvd
Buffalo Grove, IL 60089
Dear Mr. Stilling,
PDI Medical III, LLC ("the Applicant") is pleased to submit its application for a special use permit
to occupy a vacant commercial space at 830-840 N. Milwaukee Ave. In this application, the
Applicant has responded to the Village of Buffalo Grove's (the "Village") application requests,
demonstrating how it will fulfill each of the Village's ordinance requirements and how the
Applicant intends to maintain compliance with the State's rules and regulations. The Applicant
intends to change its location from 1623 Barclay Blvd. (the "Existing Location") to 830-840 N.
Milwaukee Ave. (the "Proposed Location"), Buffalo Grove because it will allow the Applicant to
better serve the Village. The Proposed Location has more square footage, which will allow the
Applicant to improve every aspect of its operational layout. Additionally, the Proposed Location
is on a major intersection in the Village and will provide patients with better public access. These
changes will make the Applicant's new site Illinois' premier cannabis dispensary.
The Applicant is owned by one of the most experienced medical marijuana operators in the
country, Cresco Labs. Cresco has established itself as one of the premier vertically integrated
multi -state operators in the industry for earning very limited and highly competitive merit -based
marijuana licenses. Cresco Labs was founded by professionals with legal, operational, and
compliance experience in banking, commercial real estate, and technology. Cresco has leveraged
the experience from those disciplines to incorporate established methodologies and best practices
from other highly regulated industries at its existing site at 1623 Barclay Blvd. and will continue
these practices at 830-840 N. Milwaukee Ave.
We are excited to submit our application for a special use application at 830-840 N. Milwaukee
Ave. and look forward to presenting our proposal to the Village in the coming weeks.
Since ly,
Jo rI`SuI�ivan
Senior Vice President — Government Affairs, CRESCOlabs
Packet Pg. 99
9.A.c
2. Narrative
(with inventory security supplement)
Packet Pg. 100
Request for Special Use 830-840 N. Milwaukee Ave
9.A.c
Narrative of Proiect
PDI Medical III, LLC ("the Applicant") is requesting a special use permit from the Village of
Buffalo Grove (the "Village") to develop a vacant commercial space into a medical and adult -use
cannabis dispensary at 830-840 N. Milwaukee Avenue, Buffalo Grove (the "Proposed Location").
Zoning
The Proposed Location is zoned B3 (Planned Business Center District). Buffalo Grove's Zoning
Ordinance allows for an adult-use/medical cannabis dispensary to operate in a B3 zone. The
Proposed Location has frontage on N. Milwaukee Avenue in a business district, compliant with
Buffalo Grove's dispensary regulations.
Location Compliance
Additionally, the Proposed Location is compliant with Sections 130 (d) and 140 of the Medical
Cannabis Pilot Program Act (the "Act"). In accordance with Section 130 (d) of the Act and the
Village ordinance, the property is located more than 1,000 ft. from the property line of any
pre-existing public or private preschool, elementary or secondary school, day care center,
day care home, group day care home, part day child care facility, museums, libraries, or
substance abuse treatment/counseling centers within Buffalo Grove. In order to ensure that
the Proposed Location is compliant, the Applicant searched publicly available resources and
utilized third -party services to determine distances from the applicable sites. The Applicant will
comply with all of the Village's local zoning conditions set forth in its ordinance.
Signage
The Applicant seeks to normalize and professionalize cannabis dispensing and intends to reflect
that mission in its exterior signage. Purchasers can expect the physical environment to be inviting
and warm, a source of everyday wellness. The dispensary will reflect the interior design, with a
bright and welcoming palette. The exterior of the dispensary will have security shatterproof tinted
film on exterior windows with Signage to match the dispensary, without advertising cannabis. The
Signage at the dispensary will say "Sunnyside*," and will generally fit in with the surrounding
neighborhood. The goal is for purchasers to have the same experience at the Applicant's dispensary
as one might have at a high -end retailer such as Apple or Whole Foods.
Host Agreement
The Applicant desires to be a responsible corporate citizen and contributing member of the
Village's business community. The Applicant intends to provide the Village certain benefits as
requested that go above and beyond typical economic development benefits pertaining to new
manufacturing and retail concerns in the Village and will work with the Village attorney and
Village Board as it has done at 1623 Barclay Blvd.
Buffalo Grove Recreational Cannabis Dispensary Regulation Compliance
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Request for Special Use 830-840 N. Milwaukee Ave
9.A.c
The Applicant will comply with all requests for inspections, both scheduled and unscheduled, by
appropriate parties including the Illinois Department of Financial and Professional Regulation (the
"Department"), the State Police, and local law enforcement. Additionally, the Applicant will
employ sufficient security staff, pursuant to local and state regulation, to patrol for and prohibit
loitering and on -site consumption.
Pursuant to the Buffalo Grove Recreational Cannabis Dispensary Regulations, the Applicant will
not allow purchasers under the age of 21 to enter the dispensary. Before entering the Proposed
Location, all medical patients and purchasers will have their IDs checked in accordance with the
Act. Medical patients who are minors will be escorted to the patient consultation room by a patient
care specialist to wait while their order is fulfilled, and then will be escorted back out of the
dispensary through the entrance door to avoid the sales floor altogether once their order is fulfilled.
The dispensary will have a rapid check -in system and a large sales area, allowing purchasers and
medical patients to browse inside the dispensary for a longer duration.
Dispensary agents will prompt everyone that enters the building for government -issued
identification and engage in the following activities, as required by 410 ILCS 705/15-85 (a):
• Verify the age of each purchaser using an electronic reader;
• Verify the validity of the purchaser's government -issued identification card; and
• Offer any appropriate purchaser education or support materials.
Examples of Acceptableldentifcation
For proof of ILLINOIS residence, 2 1 + age verification, and full allocation:
Will Illinois drivers' licenses be allowed? Yes.
Will Illinois state IDs be allowed? Yes.
Will a non -Illinois drivers' license and lease (or other document) be allowed? No.
Will a non -Illinois state ID and lease (or other document) be allowed? No.
Will a City of Chicago CityKey ID card be allowed? Yes.
For proof of 2 1 + age verification:
Will passports be allowed? Yes.
Will military IDs be allowed? Yes.
Will passport cards be allowed? Yes.
Identification that will not be allowed:
Will a school ID be allowed? No.
Will an FOID card be allowed? No.
Will a AAA card be allowed? No.
Will a credit card be allowed? No.
Will a lease be allowed? No.
Will a bill be allowed? No.
All employees will receive training on how to identify fraudulent, invalid, expired, or otherwise
unacceptable identification and how to reject service to unauthorized patrons. As required by 410
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Request for Special Use 830-840 N. Milwaukee Ave
9.A.c
ILCS 705/15-85 (c), identification must be valid, unexpired, contain a photograph, and the date of
birth of the person. A security guard will be onsite to assist with greeting purchasers,
accommodating mobility pathways through the security vestibule/waiting room, and ensuring the
purchaser -entry is locked and secured when not in use.
Explanation of Business Operations
PDI Medical III, LLC ("the Applicant") is proposing to relocate its business to 830-840 N.
Milwaukee Ave. (the "Proposed Location") and intends to sell cannabis, cannabis -infused products
including edibles, paraphernalia, and related items to eligible purchasers, medical patients, and
caregivers under the rules of the Cannabis Regulation and Tax Act ("the Act") consistent with the
permissions set forth by 410 ILCS 705/15-20 (m). As required by 410 ILCS 705/15-80 (b), the
dispensary will be of suitable size and construction to facilitate proper operations, cleaning, and
maintenance. The Applicant's proposed hours of operation are 9 a.m. to 10 p.m. seven (7) days a
week.
Safe Dispensing of Medical Cannabis
The Proposed Location's size and layout promote safe dispensing of medical and adult -use
cannabis and is a one-story facility with approximately 4,900 square feet of usable space. This
amount of space allows more efficient transactions for a high number of patients and purchasers
and will allow staff to more easily monitor patients, caregivers, and purchasers within the limited
access area — creating a comfortable and safe shopping experience for all patients and purchasers.
The Proposed Location will include 24/7 video surveillance through the whole premises, the
exterior will be well -lit pursuant to the Act and the shopping center's (where the Applicant will be
located) requirements and security personnel as required by the Act and in accordance with the
number of patients and purchasers will remain on premises during business hours to monitor foot
traffic in -and -out of the building. Patients and purchasers will only have access to the building's
main entrance to ensure that all cannabis exits the building through one area — allowing security
personnel to pinpoint surveillance and safety procedures in those areas. Additionally, the Applicant
has created a comprehensive and confidential safety and security plan for the Illinois Department
of Financial and Professional Regulation (the "Department"), that can be submitted if the Village
agrees to not make the safety and security plan public, to ensure the care and well-being of every
patient.
Staffing Plan
The Applicant intends to hire approximately 46 dispensary employees within the first year of
operation. This number is dependent on several factors, including, but not limited to market
conditions, growth in purchaser participation, and availability of product as supplied by licensees
to meet purchaser demand. Initially, Applicant will staff the facility with the following number of
employees, noted in parentheses, in each operational department:
• Dispensary Management, including Agents -in -Charge (6);
• Dispensary Agents (30);
• Purchaser Coordinators (6);
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Request for Special Use 830-840 N. Milwaukee Ave
9.A.c
• Maintenance/Engineering (1); and
• Security (Security Director (1) and Contracted Security Guards (2)).
Some positions will be full-time, some will be part-time, and activities will occur over two work
shifts (e.g., 6:00 a.m. — 2:30 p.m. and 2:00 p.m. — 10:30 p.m.). The Applicant will provide all its
employees a living wage. Further, all full-time employees will be eligible for a comprehensive
benefits package, including but not limited to health insurance, 401(k) benefits, and paid time off.
In the event purchaser demands or community needs change, or an unexpected surge of sales
occurs, the Applicant will work diligently to also retain part-time employees as necessary.
Product Handling and Storage
The size and the layout of the Proposed Location promotes safe product handling and storage
while enhancing compliance, safety, and patient satisfaction. As noted on the floor plan included
in this application, the Applicant will install physical barriers that will prevent public access to
areas containing cannabis, restricting access to cannabis storage areas. All cannabis containers in
the sales area will be for display only and will not contain any cannabis. Only staff responsible for
controlling inventory will have access to safes and vaults. Medical and adult -use cannabis storage
areas will be in the innermost rooms of the facility, not touching any exterior walls, away from the
waiting room and entry — and divided from patients and purchasers by the restricted part of the
sales area. All doors to storage areas will have alarms and redundant locking systems that will help
keep cannabis safe in storage, and extra cameras will monitor cannabis -transfer points such as
safes, cash registers, and loading/unloading zones. The Applicant anticipates approximately one
(1) to four (4) cannabis deliveries to occur at the dispensary per weekday. All delivery times will
be randomized and not made public. All safety and security equipment will meet both the
requirements of State Police and the Act.
Additionally, no cannabis will be visible to the public from the entry vestibule and/or waiting
areas. Only patients, purchasers, authorized staff, and authorized visitors (e.g., law enforcement
and Department representatives) will have access to the sales area — which will be a separate room
with additional security provisions.
Inventory Security Details
The Applicant will store cannabis and cannabis -infused products in an enclosed, secure, restricted
access vault. The vault will be locked at all times except for when dispensary employees are
moving the day vaults in and out of the vault and for inventory audits. Product displays will be
limited, and all have packaged, tamper -evident containers so there is no loose cannabis, and
employees will return any product on display during business hours to the vault at the end of the
day. The Applicant will also closely monitor its cannabis waste, which it will store in locked
receptacles/dumpsters. Employees will record all weights/units of product and render waste
unusable before disposing it in locked receptacles/dumpsters.
At the Proposed Location, medical cannabis will be dispensed from day lockers stored behind the
POS counters that will be moved into the vault during non -operating hours, daily. The day lockers
will be locked at all times, except for during dispensing, and no patients or caregivers will have
access to the lockers at any time. This process will create a more streamlined inventory movement,
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Request for Special Use 830-840 N. Milwaukee Ave
9.A.c
inventory accuracy, and greater accessibility because staff can spend more time with patients,
rather than accessing the vault for all inventory.
Cash Handling and Deposits
The Applicant has an established banking relationship but cannot currently take credit card
payments. In the interim, the Applicant will require that all sales be paid in cash or through a
cashless ATM. The Applicant will implement the following cash handling and deposit policies:
• Cash registers will only contain amounts of money necessary to make change — several
register counts may occur throughout the day to ensure accurate counts;
• Staff will have counterfeit -detection markers that they will use to ensure the legitimacy of
large bills;
• Only an AIC will have access to cash safe keys.
• At the end of each business day, an AIC will prepare nightly deposits of cash, to be
contained in a drop -safe in the vault;
• The Applicant intends to do all cash handling and deposit schedules in a randomized
fashion
• The Applicant will have sufficient insurance coverage to provide the maximum amount of
cash coverage required; and
• Cash will be deposited to the bank via armored vehicle weekly, on a random day and time.
Daily Customers
The Applicant currently averages two (2) to three (3) patients per operating hour at the current
location. The Applicant estimates that the dispensary will serve approximately 15 patients and
purchasers per operating hour at the proposed location.
ADA Accessibility
The Applicant will maintain American Disabilities Act ("ADA") accessibility and will meet all
accessibility requirements from the Village of Buffalo Grove (the "Village"). The Applicant will
integrate a multitude of features that will not only benefit patients and purchasers with physical
limitations, but also staff, as they too will benefit from thoughtful building design and accessibility.
For example, entrance and exit door hardware will include ADA-compliant door openers. The
building does not require an ADA ramp as there are no grade changes from the sidewalk to the
interior floor. The exterior of the Proposed Location is an approved new development and no
landscaping or other changes will be made.
Moreover, the Proposed Location is suitable for public access because it is easily accessible to
patients and purchasers by way of ADA accessible public transportation methods including bus,
vehicle, or rideshare. The Proposed Location is close to two Pace bus stops, on Milwaukee Ave.
and Deerfield Parkway. The Proposed location is compliant with the Village's parking space
requirements and provides for ADA accessibility.
Parking Accessibility
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Request for Special Use 830-840 N. Milwaukee Ave
9.A.c
The Applicant's Proposed Location will have approximately 90 shared parking spots for patrons
of both the dispensary and retail complex.
Summary
PDI Medical III, LLC respectfully submits a request for a pre -application conference for a special
use permit to occupy a vacant commercial space at 830-840 Milwaukee Ave. to operate a medical
and adult -use cannabis dispensary. The Applicant looks forward to formally presenting its
application before the Village in the coming weeks.
no
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3. Petition for Concept Review
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VILLAGE (WBUFFAL0 GROVE
PETITION FOR CONCEPT AND PRELIMINARY PLAN REVIEW
PLEASF INIO FE.T1 IM-11 IIS PETITION MUSTBESIGNED BY ALI., PROPF"..WFY OWNITFRS ANDTi fE PE"TITIONNER.
117 PETITIONER HAS ANY Q!TIS1rj(
)NS CONCE.RNING R.EQt-[R.i:,-,D'vf.A-FlIRIAI.,S, PLEASE CALA, TITF,
D1.'1PAIZT%4L,NTTOF COMIMUNITY DEVELOPMENT
Prqject-Narric: PFM Medical, 830-840 N. %Milwaukee Avenue
INDEX INFORMATION (To be completed by Village staff)
Site ,Address:
Title:
Date of Submittal:
BACKIG.ROUND INFORMATION
Petifi0acr: PD1 Medical
Corporation/Title: PD1 Medical 111, LLC
Street Address: 400 W. Erie St- Suite 100
City] State." ZIP: Chicago, 11fittois 60654
John Still ivan &Anthonv V. C'asaccio
ne
Telepho(Office): (312) 929-099-3
John Sullivan: (773) 835-310 6
Cell: Anthony V. Casaccio: f630) 333-7672
IohiaEmail:
coni
Fax:
Relations,hip of Petitioner to Property (e.g. Contract Purchaser, I-essee,
Owner): 1-essee
(.iWNEROFPROPERTV
Owriel-Narne: SDG Buffalo Grove
Corporatiorill"Fitle: SL)G Buffalo Gi-ove, LLC
Street Address: 2 1 �O R. T,A;e Cook Roud, Suite 820
City] State/ ZIP: Buffalo Grow, Illinois 60089
Telephone (Office):
Cell:
Email:
Fax:
1igit!2M Attornev
Name: N,"A Name: f)ajjjeA C:. Shapira
Cornparty: Company: Shapiro & Associates Law
Address: Address: 618 Academy Drive, Suite B
City-, State., ZIP: City. Stiitc, ZIP: Northbrook, Illinois 60062
Phone (Office): Cell: Phone (Office): (312)763-9640 Cell: (312) 636-7647
Fax: Ernail: Fax: (312) 763-9641 EmaiLdshapiro4
[Type text] I Packet Pg. 108 1
9.A.c
APPRO.��V,..�°.REQSTED UE (Check- ��..........�.�_.°....�...�.�..�.�.�.�.�.�
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PROJECT/SITE INFORMATION
°°°°°°°°°°
Site address: 830-830 N. MiNvaukee Avenue, Butiilo Grove, Illinois 60089
Legal description:
(If description
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lines, submit as an
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PIN number(s): New construction
Size of parcel: Apprnx. 25 A.cres
Size ofbuilding: Approx. 18.000 sq.fl.
Size ofuser/tenant space: 4.900 sq.ti ....�.....° °°
Existing uses onsite: Retail and Service Uses
Current land use: Retail and Service Uses
Existing structures:Rrtail ahin�entr witi
dispensary,
Proposed °t s: Medical A-usecannabis
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upon state nPPrdua
Current zoning: B3 District
Proposed zoning: B3 District
Proposed structures (sq. & and building bright):
Significant natural amenities, including trees:
F l oodplainsandotherdevetoptnent restrictions:
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st ations requested ofVillage Ordinances. The
Villa c O specific section of the respective Ordinance should be cried. and the reason(s)that the
variation is needed should be clearly explained
FILLING FEES:
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I app ucattons regmre payment of a non refundable fee. Please -seethe Fee Schedule at the b illage n ebsite under Home/
Government/Planning and Economic Development/ Applications andForms/Fee Schedule.
In addition to filing fees, an escrow deposit for the Village's recoverable costs is required. Questions concerning fees can be directedto the
Department of Community Development at (847) 459-2530.
I certify that the above is true and accurate and agree to pay the required fees as stated inFee Schedule.
SignatureofPetitioner Date t
SignatureofProperty Owner Date
Packet Pg. 109
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IMPORTANT NOTICE: ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUPPORTING DOCUMENT
Completion of this form is
necessary for consideration
M c
-
MEDICAL CANNABIS
for licensure in connection
ith the Medical Cannabis DOCUMENTATION OF PROPERTY OWNERSHIP PROP
Pilot Program Act, 410 il-CS
130 and 68 IAC 1290.
1. NAME OF ENTITY APPLYING FOR A DISPENSARY REGISTRATION 2. MEDICAL CANNABIS DISTRICT NUMBER
PDI Medical 1 27
3. NAME OF OWNER OF THE PHYSICAL ADDRESS OF THE PROPOSED DISPENSARY
SDG Buffalo Grove, LLC
4. PHYSICAL ADDRESS OF THE PROPOSED DISPENSARY
830 N. Milwaukee Amen)Ae
5. CITY
6. COUNTY
7. ZIP CODE
Buffalo Grove
I Lake
60089
8. IS APPLICANT ALSO THE PROPERTY OWNER? Q YES ® NO
9. IS THE PROPERTY SUBJECT TO A MORTGAGE? 0 YES ® NO
CERTIFICATION
By affixing your signature below, you certify you are the owner of the physical address of the property
listed herein, and you know and understand that the above listed entity is applying for a medical cannabis
dispensary with the Illinois Department of Financial and Professional Regulation. You also consent that the
property at the listed address provided herein may be used as a dispensary if the applicant is awarded a
registration by the Illinois Department of Financial and Professional Regulation.
SDG BUFFALO GROVE LLC 773 354 1730
Property Owner Name Phone Number
Property Owner Signature Date
Subscribed and sworn to before me this day of LJLQ $.1& , 20 1
MARNIIEE LLLLA�R�S,
#'
Notary Public, State6i Iitinois � a'' L�� " "�` `t'�
/ My C
March 15, 2021 Notary Public
IL486-2111 8114
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Illinois Department of Financial and Professional Regulation
Division of Professional Regulation - Medical Cannabis Unit
NOTICE OF PROPER ZONING FORM
1. BUSINESS/LEGAL NAME OF APPLICANT
PDI Medical
2. STREET ADDRESS OF THE PROPOSED DISPENSARY:
3. DISPENSARY'S REGISTRY ID #:
830-840 N. Milwaukee Avenue
27-002
4. CITY: 5. COUNTY: 6�OZIP CODE:
Buffalo Grove Lake T60089
The applicant is solely responsible for ensuring the proposed location is within district boundaries, is compliant with Section 130(d) and 140 of the Act and is
in a location that meets minimum zoning requirements. Applicants must not apply with a proposed dispensary address that needs to be re -zoned.
NOTE: If a proposed location Is not in a zoning clasification that allows for operation of a medical cannabis dispensary, then the location is
non -compliant and your application will be disqualified.
CHECK ALL THAT APPLY
7. Are there local zoning restrictions specific to a medical cannabis dispensary at the proposed location? E Yes No
8. If applicable, is the location of the proposed medical cannabis dispensary in compliance with minimum loc
zoning restrictions for medical cannabis dispensaries? b Yes No
9. If applicable, has the proposed dispensing organization filed a request with the local zoning authority for a
F Yes No
dispensary use permit/special use permit?
If a zoning request was filed but has not been d, ,e zothe is expected to be issued in
roved,Ea
(check one)
approximately 60 DAYSE WEEK,ff
10. Is the proposed location in compliance with Section 130(d) of the Act?
X Yes
No
I . . . . . . . . . . . .
Please confirm the boxes 7 to 10 above are true and accurate under the local zoning ordinance.
Deputy Village Manager Village of Buffalo Grove
Title of the Authorized Zoning Representative Name of the Local Jurisdiction
Christopher Stilling 847-459-5530
Printed NNa jpe�? Telephone Number
ell Signature / Date
NOTE: Section 130(d) of the Medical Cannabis Pilot Program Act states in pertinent part:
(d) A dispensing organization may not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary
or secondary school or day care center, day care home, group day care home, or part day child care facility. A registered dispensing organization
may not be located in a house, apartment, condominium, or an area zoned for residential use.
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Packet Pg. 111
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4. Owner Authorization
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When the Applicant is not the owner of record, the following must be completed by the Owner and
include the Owner(s) signature(s) with the Special Use Permit(s) or related land use and/or zoning
applications.
I (We) SDG Buffalo Grove, LLC
(Owner's Name)
2150 E. Lake Cook Road, Suite 820, Buffalo Grove, Illinois 60089
(773) 254-1730 (224) 532-2404
Home Phone) e Phone) Business Phone)
owners of the property located at: 830-840 N_ Milwaukee Avenue, Buffalo Grove, Illinois 60089
(Site Address)
do hereby authorize: PDT Medical III, LLC, and its affiliated entities
(Applicant)
400 W. Erie Street, Suite 100, Chicago, Illinois 60654
12) 929-0993
(Business Phone)
John Sullivan (773) 835-3106
Anthony V. Casaccio (630) 333-7672
(Cell Phone) (Business Fax)
to submit and file its Special Use Permit Applicantion, and any ancillary or related land use and/or zoning
applications for Medical Cannabis Dispensary, and Adult -Use Cannabis dispensary at the Site Address.
`��—
(Owner's Signature)
Louis Schriber III, Manager
(Print Name, Title)
Owner's Signature
(Print Name, Title)
Packet Pg. 113
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5. Responses to Special Use Standards
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Request for Special Use 830-840 N. Milwaukee Ave
Responses to Special Use Standards
1. The special use will serve the public convenience at the location of the subject property;
or the establishment, maintenance or operation of the special use will not be
detrimental to or endanger the public health, safety, morals, comfort, or general
welfare.
For nearly four years, PDI Medical III, LLC ("Applicant") has operated a medical
cannabis dispensary at its current location in the Village of Buffalo Grove ("Village") at 1623
Barclay Boulevard ("Existing Location"). However, due to recent major changes in Illinois law,
the Existing Location will not provide an ideal environment for patients and future adult -use
customers in the community. Therefore, Applicant is requesting to move to 830-840 N.
Milwaukee Avenue ("Proposed Location") to operate a medical and adult -use cannabis
dispensary.
When the Applicant opened its doors in Buffalo Grove in early 2016, there were only
about 4,000 registered medical cannabis patients in the state. This year, after two legislative
expansions of the State's medical cannabis program, the number of medical cannabis patients has
grown extremely rapidly. By the end of 2019, the statewide patient -count will likely be double
number at the start of the year (there were about 50,000 patients in January 2019 but nearly
90,000 patients as of early October 2019). Even more significantly, pursuant to the Cannabis
Regulation and Tax Act ("Act"), beginning January 1, 2020, all adults 21 years and older can
purchase limited quantities of cannabis at licensed adult -use cannabis dispensaries.
Compared to the Existing Location, the Proposed Location has more square footage
which will allow the Applicant to provide superior operations and experience. Similarly, the
Proposed Location is at a major intersection in the Village, has more parking spaces, and is
accessible by public transportation providing more convenient access to all of the Applicant's
patients, customers and employees.
As to public safety and welfare, when it filed its original special use application for its
Existing Location, the Applicant stated that its most important focus was to ensure operations are
secure from intrusion and diversion and to protect the safety of its patients, employees and
community. This same priority exists today. After operating for nearly four years, there have
been no substantive complaints or negative issues associated with Applicant's use at its Existing
Location. The Applicant's strong commitment to public safety and welfare will continue at its
Proposed Location.
The additional space and the layout of the Proposed Location will promote operational
safety and compliance. Only staff responsible for controlling inventory will have access to safes
and vaults where cannabis is stored. The cannabis containers in the sales area will be for display
only and will not actually contain any cannabis. The cannabis storage room will not touch any
exterior walls and is located away from the waiting room, entry and exit. All cannabis storage
areas doors will be equipped with alarms and redundant locking systems. Extra cameras will
monitor cannabis -transfer points including safes, cash registers, and loading/unloading zones.
Packet Pg. 115
Request for Special Use 830-840 N. Milwaukee Ave
9.A.c
This Application provides further documentation demonstrating the Applicant's operation fully
complies with all state and local requirements.
The Applicant is committed to working with the Village to fully ensure that its
operations at the Proposed Location will serve public convenience, safety and welfare of its
community.
The Applicant will also continue its philanthropic efforts and community involvement,
including volunteer campaigns and community sponsorship programs in and around Buffalo
Grove. The Applicant has participated in the Lake County Canna Expo, has a partnership with
Sedgebrook Retirement Community, and has participated in the Walk to End Alzheimer's.
2. The location and size of the special use, the nature and intensity of the operation
involved in or conducted in connection with said special use, the size of the subject
property in relation to such special use, and the location of the site with respect to
streets giving access to it shall be such that it will be in harmony with the appropriate,
orderly development of the district in which it is located.
All aspects of Applicant's proposed special use are in harmony with the purpose and
development of the B-3 zoning district. The Applicant's Proposed Location is a one-story, 4,900-
square-foot space fronting Milwaukee Ave in the Shops of Buffalo Grove, all of which are zoned
B-3 Planned Business District.
As stated in the Village Code, the purpose of the B-3 District is, in pertinent part, to
ensure "adequate space is provided in appropriate locations for the various types of
business uses, thereby protecting and strengthening the economic base of the Village..., [t]o
encourage the grouping in appropriate locations of compatible business uses... [in order to]
promote public convenience and business prosperity and contribute to the alleviation of traffic
and pedestrian congestion." Buffalo Grove Code of Ordinances 17.44.010.
The location, size and nature of the Applicant's proposed use fits squarely within the B-
3's purpose. The Proposed Location is currently vacant and is located between an existing
Starbucks and T-Mobile store. The other co -tenants in the Shops at Buffalo include Panera
Bread, Mod Pizza, Solidcore Fitness, and Great Clips. The Proposed Location will be part of
Applicant's Sunnyside* brand and its storefront design will remain generally unchanged from its
current appearance in harmony with the other co -tenant storefronts. The Proposed Location's
signage will read "Sunnyside*" and its interior will provide a high -end retail experience
reminiscent of an Apple Store or Whole Foods.
All features of the dispensary will of course be fully compliant with state and local
regulations specific to cannabis dispensaries. Specifically, the dispensary will be of suitable size
and construction to facilitate proper operations, cleaning, and maintenance pursuant to 410 ILCS
705/15-80 (b) of the Act. The 4,900 square feet of usable space will allow the Applicant to
provide more efficient transactions for a high number of patients and adult -use customers.
Additionally, the size and layout will allow staff to more easily and effectively observe all
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9.A.c
activity within the limited access area creating a comfortable and safe shopping experience for
all patients and adult -use customers.
The compatibility with the other businesses in the Shops at Buffalo Grove and the
location at a major intersection will surely promote public convenience, business prosperity, and
traffic alleviation. The Applicant intends to sell cannabis, cannabis -infused products including
edibles, paraphernalia, and related items to medical patients and adult -use customers consistent
with the permissions set forth by 410 ILCS 705/15-20(m) of the Act at the Proposed Location.
With its high -end experience and affordable prices, the Applicant anticipates many of its patients
and adult -use customers will also be customers of its co -tenant thereby creating business
synergies and encouraging less congestion in the community.
3. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity of the subject property for the purposes already permitted in such
zoning district, nor substantially diminish and impair other property valuations with
the neighborhood.
The special use request by applicant will not harm the use and enjoyment of surrounding
properties, nor will it cause substantial impairment of property valuations in the neighborhood.
As stated above, the Applicant has operated a licensed medical cannabis dispensary in
Buffalo Grove at its Existing Location since early 2016. During Applicant's nearly four years of
operation at the Existing Location, there have been no significant complaints or issues brought to
the Village regarding Applicant's use. As a longstanding healthcare resource to residents, the
Applicant will continue to operate professionally and with attentiveness to community concerns.
The Applicant now seeks to relocate its current the medical cannabis dispensary
operation to the Proposed Location with the intention of also operating as an adult -use cannabis
dispensary at the Proposed Location. Of note, the Applicant's proposed use at the Proposed
Location will not include a cultivation center, craft grower, processing organization, infuser
organization, or transporting organization.
The special use will be fully compliant with state and local law in addition to the rules of
the Shops at Buffalo Grove. The Applicant has a full suite of standard operating procedures
("SOPs") designed to mitigate diversion, and all safety and security equipment will meet and/or
exceed requirements of State Police and the Act. For example, the Proposed Location will have
24/7 video surveillance of the entire premises, the exterior will be well -lit, and onsite security
personnel will monitor activity.
The exterior surveillance measures will add security to both the Applicant's building and
the surrounding community. By installing cameras pointing towards the street and sidewalks, the
Applicant can serve as a remote surveillance -depot for the Village and State - if a crime were to
occur in the Proposed Location's proximity, cameras could provide critical evidence to law
enforcement in prosecuting perpetrators.
The Applicant will prohibit on -site consumption at the Proposed Location and its premises.
On -site consumption prohibition will be enforced through the Applicant's SOPs and security
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9.A.c
procedures including strict anti -loitering policies. The Proposed Location will contain a sufficient
odor absorbing ventilation and exhaust system so that any cannabis odor generated from inventory
stored inside the business is not detected outside of the dispensary, anywhere on adjacent property
or in public right-of-ways. The Applicant will also employ stringent groundskeeping procedures,
including litter and graffiti procedures, in order to keep an attractive business and remain a
responsible neighbor.
No inventory will be visible from any sidewalk, private or public right-of-way or any
property other than the lot on which the dispensary is located. Cannabis will also not be visible
from the entry vestibule or the waiting areas. Only patients, adult -use customers, authorized staff
and authorized visitors (e.g. law enforcement) will be able to enter the sales area. The Proposed
Location's building sign will read "Sunnyside*" reflecting the Applicant's new up -scale
dispensary concept. Likewise, the exterior in general will be remain cohesive with the Shops at
Buffalo Grove with a gentle aesthetic of light wood tones and whites with brightly colored
accents.
Considering the Applicant's secure and compliant practices, high -end experience
provided, and community philanthropy, the Applicant's special use will appropriately
complement the Shops at Buffalo Grove and surrounding neighborhood.
4. The nature, location and size of the buildings or structures involved with the
establishment of the special use will not impede, substantially hinder or discourage the
development and use of adjacent land and buildings in accord with the zoning district
within which they lie.
The buildings involved in the special use will not impede the orderly development or use
of adjacent properties. The special use will be located in an existing 4,900 square -foot vacant
building that is part of the Shops at Buffalo Grove development. The Applicant will not be
making any substantial changes to the exterior of the building other than adding its window
cover signage and facade sign that reads "Sunnyside*" as can be seen in renderings submitted
with this Application.
In addition to on -site security personnel monitoring inside and outside conditions, the
Applicant will install both conspicuous and inconspicuous cameras around the interior and
exterior of the building, all of which will help prevent theft and other crimes at the Proposed
Location and at adjacent units of the shopping center. Posted signs that the premises is under
24/7 video surveillance will also help deter criminal activity on and near the Proposed Location.
The layout at the Proposed Location will also enable Applicant's employees to have a
more streamlined access between the secure storage areas and the restricted access receiving area
at the rear of the building. This streamlining will improve the delivery process by making it
faster and more discrete.
The size of the sales area at the Proposed Location will allow for more than triple the
current number of point -of -sales stations ("POS stations") to a total of 15 POS stations to process
patient transactions. Additionally, the Proposed Location will have a designated entrance (with
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man -trap) that is separate from the exit in order to enable better patient flow and focused security
measures. The Proposed Location's additional POS stations, open floor plan, and streamline
patient flow will dramatically reduce wait times and help prevent queuing outside.
Overall, the exterior of the building will remain cohesive with the Shops at Buffalo
Grove, and the Applicant's floor plan, security and operating procedures will ensure that it will
be a valuable business to its neighboring co -tenants.
5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or
will be provided.
The Applicant's Proposed Location will be more than adequately suited for the special use.
The special use will require no special accommodations with respect to the utilities or other
infrastructure in addition to what is already provided and built at the Proposed Location.
Moreover, the Proposed Location's placement in a new retail shopping development at the
corner of a major intersection of the Village will provide greater access to community members
6. Parking areas shall be of adequate size for the particular special use, which areas shall
be properly located and suitably screened from adjoining residential uses, and the
entrance and exit driveways to and from these parking areas shall be designed so as to
prevent traffic hazards, eliminate nuisance and minimize traffic congestion in the
public streets.
The Proposed Location is compliant with the Village's parking space requirements and
provides for ADA accessibility. The Proposed Location is within a retail complex with
approximately 90 shared parking spaces available for patient and purchaser use, along with the
retail complex's other patrons.
According to Village Code, and as referenced in the Village's Staff Memorandum dated
October 31, 2019, the Proposed Location was originally identified as a restaurant which would
have required (50) parking spaces. In contrast, the Applicant's proposed use requires (20) parking
spaces, less than half of the amount of spaces for which the Proposed Location intended in the
Traffic Study. Therefore, the Applicant more than satisfies the Village's parking requirements.
A Traffic Impact Study was completed by Sam Schwartz Engineering, D.P.C., in June
2016, a copy of which is included in this Application ("Traffic Study"). At the time, the Traffic
Study identified the Proposed Location's use to be "Fast Food/Fast Causal restaurant without
drive -through window," which is a notably more intense use compared to the Applicant's proposal.
Moreover, the Traffic Study provides that certain roadway and traffic signal improvements
be completed to accommodate the future traffic volumes for both the Woodman's parcel to the
north and the retail complex to the south. Specifically, the following pertinent improvements which
have been completed: 1) a traffic control signal be installed at the intersection of Deerfield Pkwy
and the site full access driveway, and 2) improvements at the intersection of Deerfield Pkwy and
site full access driveways should also include widening of Deerfield Pkwy to provide a left -turn
and right -turn lane in both the eastbound and westbound directions. Thus, the entrance and exit
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Packet Pg. 119
Request for Special Use 830-840 N. Milwaukee Ave
9.A.c
driveways to and from the Proposed Location is well designed to prevent traffic hazards, eliminate
nuisance and minimize traffic congestion on Deerfield Pkwy and Milwaukee Ave.
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6. Site Plan for Shops of Buffalo Grove
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7. Updated Parking and Traffic Memo
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Sam Schwartz
223 W. Jackson Blvd., Suite 1101
Chicago, IL 60606
(773) 305-0800
samschwartz.com
Ne i""i IIII o,lt, ° wa d lull 1111"1 f°°IIII
To: John Sullivan, Cresco Labs
From: Tim Doron
Date: November 25, 2019
Re: Parking and Traffic Review, New Cannabis Use, The Shops of Buffalo Grove
Introduction
At your request, Sam Schwartz Consulting, LLC (Sam Schwartz) has performed a parking analysis and
traffic review for the Shops of Buffalo Grove (Center) in order to serve a new medical and adult use cannabis
dispensary. This evaluation is performed primarily to determine the adequacy of parking supply. The use is
proposed to be located in the Center at 830-840 N. Milwaukee Avenue, Buffalo Grove, Illinois. The
dispensary is moving to this location from a previous site of a medical cannabis dispensary located at 1623
Barclay Boulevard in Buffalo Grove, Illinois. This memorandum will address current and projected parking
conditions and generally comment on traffic. The study will reference a previous traffic impact study,
prepared by Sam Schwartz Consulting for the Center, dated June 2016.
Site Area Context
The cannabis dispensary will be located within a mixed -use retail shopping center that includes multiple
retail and restaurant uses, as well as 11,968 square feet of office on the second floor. The Center is served
by a signalized access drive on the western border, which aligns with the Woodman's access drive to the
north. It also contains a right-in/right-out drive nearly centered on the property. The Center is constructed
in such a manner that there are two primary retail areas —east and west —that are separated by a driveway.
The use is proposed to be located in the eastern retail/office area shown on Figure 1 as Site Location and
is the subject of this evaluation. Even though parking for the entire Center is shared, the easterly spaces
are those primarily serving the site. It should be noted that this analysis did not include the lot located to
the rear of the building which could be 32 additional spaces for employees of the use. It also did not include
spaces on the western portion of the Center. Consequently, this analysis is very conservative. The spaces
subject to this evaluation are identified on Figure 1 and further classified as Lot A and Lot B.
Existing Parking Utilization
The eastern portion of the Center, including the subject site, contains a mix of commercial, retail, and office
totaling 29,209 square feet. Currently 10,239 square feet is occupied including a Starbucks, T-Mobile, Mod
Pizza, and Solidcore, leaving 18,970 square feet vacant and yet to be filled. Parking occupancy surveys
were performed for three time periods on a Tuesday, Thursday, and Saturday to identify general utilization
of the spaces and remaining availability. Table 1 shows the results of the survey.
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9.A.c
November 26, 2019
Parking and Traffic Review, New Cannabis Use, The Shops of Buffalo Grove
Table 1: Site Area Lots - Parking Occupancy
Capacity
Spaces Occupied
Tuesday 11/19
12 PM
Thursday 11/21
5 PM
Saturday 11/23
1 PM
Lot A
79 spaces
16
14
28
Lot B
46 spaces
9
5
11
Total
125 spaces
25
19
39
Spaces Available
+100
+106
+86
Traffic Review
The site was the subject of a full Traffic Impact Study dated June of 2016 at which time the entire site had
a total commercial tabulation (both east and west) estimated as 99,048 square feet including a gas station,
a bank, retail, and office. Included in the total commercial was 9,956 square feet of fast casual restaurant.
The traffic study did not break out east and west locations. The traffic study shows that even with the
inclusion of the total traffic from the development, along with existing and background growth traffic, the
results show a very good Level of Service B at the site signalized drive.
The proposed cannabis use will occupy 4,900 square feet of the Center in the eastern portion. Referencing
the Institute of Transportation Engineers' Trip Generation Manual, 101" Edition, a cannabis site of this size
should generate a range of trips resulting in 50-80 trips during the peak hours of adjacent street activity.
Other times would be lower. It should be noted that a portion of the subject site was previously identified as
a fast -casual restaurant on the site plan dated August 24, 2017, and in the June 2016 traffic study.
Therefore, these traffic volumes are already included in the study's site intersection analyses, resulting in
a LOS B at the main signalized drive.
Projected Parking Demand and Evaluation
This report analyzes the parking supply and demand for the eastern portion of the site and specifically the
lots located proximate to the use (A and B). As previously mentioned, the analysis is conservative as there
are other lots available not included in the analysis, to the west and south, that could park employees -
specifically the 32 spaces located on the south side of the building. The parking survey shows a surplus of
86 spaces during the busiest times which is Saturday at 12:00 PM. Current total square footage summaries
provided by the owner for the eastern portion of the site are 17,241 square feet of commercial plus 11,968
square feet of office. As planned, the use will employ an estimated 8 staff persons per shift. Information
from the owner indicates that an estimated 15 customers per hour could be expected during busy times.
Based on engineering standards and referencing the Institute of Transportation Engineers' Parking
Generation Manual, 5t" Edition, Land Use Code 882 (Marijuana Dispensary), a use of this size is projected
to generate a peak parking demand of 35 vehicles, including employees and patients/customers.
Projecting a total future condition, with the proposed cannabis use and full tenant occupancy of the eastern
portion of the site, specifically office, there will be ten surplus spaces available even during the peak
occupancy times identified in the parking survey. Table 2 which follows shows the results.
�wlv�dhv, r [a_.coal Pa Packet Pg. 125
9.A.c
November 26, 2019
Parking and Traffic Review, New Cannabis Use, The Shops of Buffalo Grove
Table 2: Projected Parking Demand
Use
Size
Parking
Demand
Office when occupied'
11,968 SF
29 vehicles
Cannabis usez
4,900 SF
35 vehicles
Vacant retail3
2,102 SF
6 vehicles
Total future demand
70 vehicles
Minimum available parking (per survey)
86 spaces
Peak time/occupancy surplus
16 spaces
'Using 2.39/1000 SF per ITE LUC 710 General Office Building
2Using 7.19/1000 SF per ITE LUC 882 Marijuana Dispensary
3Using 2.91/1000 SF per ITE LUC 820 Shopping Center
The use was previously contemplated (partially) as a fast -casual restaurant in the traffic study. Based on
ITE standards, a 4,800 square foot fast -casual restaurant would have generated an additional 13 space
peak weekday demand than the proposed use. Furthermore, as stated in the "Responses to Special Use
Standards" Village Code would have required the restaurant to have 50 parking spaces, while the proposed
use is required by Code to have 20 spaces. As shown in Table 1 above, the east and north parking lots,
proximate to the site, have plentiful available parking with 86 spaces available at a minimum during our
parking counts to accommodate 70 vehicles at most.
Conclusion
The Center is well designed with good circulation and access and very good operating characteristics when
fully leased. Consequently, traffic generated by this use will function efficiently. The study indicates a
surplus of spaces in the eastern portion near the site even with full occupancy of the Center. Accordingly,
traffic conditions and parking availability is more than adequate to accommodate the proposed use now
and in the future.
�wlv�dhv, r [a_.coal Pa Packet Pg. 126
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8. Compliance with Village Ordinances
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Request for Special Use 830-840 N. Milwaukee Ave
9.A.c
Compliance with Village of Buffalo Grove Zoning Ordinances
Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of
this Ordinance as if fully set forth herein.
Section 2. Title 17.28.080 (Special Use forAdult-Use Cannabis) of the Village Zoning Ordinance
is hereby amended by adding the underlined language:
a. Adult -Use Cannabis Business Organizations: An adult -use cannabis dispensary as
defined in Section 17.28.80-b. Adult -Use Cannabis Business Organization shall not
include a cultivation center, craft grower, processing organization, infuser organization
or transporting organization as defined by the Illinois Cannabis Regulation and Tax Act.
PDI Medical III, LLC (the "Applicant") is applying for zoning approval for its Adult -Use Cannabis
Business Organization which is an adult -use cannabis dispensary and will not include a cultivation
center, craft grower, processing organization, infuser organization, or transporting organization as
defined by the Illinois Cannabis Regulation and Tax Act.
b. Adult -use cannabis dispensary: An adult -use cannabis dispensary shall be defined as 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 organizations 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.
The Applicant is currently licensed by the Illinois Department of Financial and Professional
Regulation to operate a medical cannabis dispensary under the Compassionate Use of Medical
Cannabis Pilot Program Act and has received its conditional adult -use same site licensure by the
Illinois Department of Financial and Professional Regulation.
c. Purpose and Applicability. It is the intent and purpose of this Section to provide
regulations regarding the dispensing of adult -use cannabis occurring within the
corporate limits of the Village. Such facilities shall comply with all regulations provided
in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended
from time to time, in the regulations promulgated thereunder, and the regulations
provided below. In the event that the Act is amended, the more restrictive of the state or
local regulations shall apply.
The Applicant will comply with all regulations provided in the Cannabis Regulation and Tax Act
and understands that if the Act is amended, the more restrictive of the state or local regulation will
apply.
d. Special Use. An adult -use cannabis dispensary, as defined herein, shall require an
approval of a Special Use, which use may include a medical cannabis dispensary as
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Request for Special Use 830-840 N. Milwaukee Ave
9.A.c
defined in Section 17.12.399 (Definition) and shall be processed in accordance with
Chapter 17.28 (Special Uses) of this Title as provided herein, and shall be subject to the
following conditions:
The Applicant is seeking approval of a Special Use Permit from the Village of Buffalo Grove
i. The adult -use cannabis dispensary must be operated by an organization or business
that is currently licensed by the Illinois Department of Financial and Professional
Regulation to operate a medical cannabis dispensary under the Compassionate Use
of Medical Cannabis Pilot Program Act (410 ILCS 130 et seq.)
The Applicant is currently licensed by the Illinois Department of Financial and Professional
Regulation to operate a medical cannabis dispensary under the Compassionate Use of Medical
Cannabis Pilot Program Act and has received its conditional adult -use same site licensure by the
Illinois Department of Financial and Professional Regulation.
ii. The adult -use cannabis dispensary must keep a copy of the dispensing
organization agent identification card issued pursuant to the Compassionate Use
of Medical Cannabis Pilot Program Act visible at all times.
The Applicant's employees will have their badges visible at all times pursuant to the Act.
iii. There shall be no more than two adult -use cannabis dispensaries permitted at any
one time.
The Applicant is seeking one license for a single adult -use cannabis dispensary located at 830-840
N. Milwaukee Ave. (the "Proposed Location") in the Village of Buffalo Grove.
iv. The adult -use cannabis dispensary may not be located within I,000 feet of the
property line of a pre-existing public or private nursery school, pre-school,
primary or secondary school, day care center, or day care home, museum, library
and substance abuse treatment or counseling center within the Village of Buffalo
Grove corporate limits. Notwithstanding the foregoing, an adult -use cannabis
dispensary will not be deemed to violate this provision if one of the school related
facilities locates within the 1,000 foot spacing after the adult -use cannabis
dispensary has been granted special use approval by the Village. Learning
centers and vocational/trade centers shall not be classified as a public or private
school for purposes of this Section.
The Applicant has checked for the setbacks provided in both the Village's ordinance and the Act
and to its knowledge, meets the requirements of the 1,000-foot rule for a pre-existing public or
private nursery school, pre-school, primary or secondary school, day care center, or day care home,
museum, library, and substance abuse treatment or counseling centers within the Village of Buffalo
Grove corporate limits.
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Request for Special Use 830-840 N. Milwaukee Ave
9.A.c
v. At least 85% of the floor area of any tenant space occupied by an adult -use
cannabis dispensary shall be devoted to the activities of the dispensary as
authorized by the Act. Any request for reduction in floor area percentage shall be
evaluated as part of the Special Use request.
The Applicant intends to use the entirety of the floor area of the tenant's space for activities of an
adult -use cannabis dispensary.
vi. For purpose of determining required parking, the adult -use cannabis dispensary
shall be classified as a retail and wholesale trade pursuant to Section 17.36.040 of
the Zoning Ordinance; provided however that the Village may require that
additional parking be provided as a result of the analysis completed through the
Special Use process.
The Proposed Location is compliant with the Village's parking space requirements and provides
for ADA accessibility. The Applicant's location is within a retail complex with approximately 90
shared parking spaces available for patient and purchaser use, along with the retail complex's other
patrons.
According to the Village code, the Proposed use requires 20 spaces. As noted in the Village staff
report regarding the Applicant's request for a pre -application conference, the Proposed location
was originally identified as a restaurant which would have required 50 parking spaces. The
proposed use requires less than half of that amount, but the number of shared parking spaces built
and available to the Applicant's location will remain unchanged (i.e., 90 spaces).
Therefore, the Applicant more than satisfies the Village's parking requirements.
vii. Other than cannabis -infused food products, no adult -use cannabis dispensary
shall also sell food for consumption on the premises in the same tenant space.
The Applicant will not sell food for consumption other than cannabis -infused food products at the
Proposed Location.
viii. On -site consumption of cannabis shall be prohibited within an adult -use
cannabis dispensary and on the premises. The dispensary shall be responsible
for enforcing the prohibition of on -site consumption of cannabis under all
circumstances inside and outside the dispensary and on the premises.
The Applicant will prohibit on -site consumption at the dispensary and its premises. The Applicant
has standard operating procedures and security procedures that provide for prohibiting on -site
consumption including anti -loitering procedures.
ix. The adult -use cannabis dispensary may not conduct any sales or distribution of
cannabis other than as authorized by the Act.
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Request for Special Use 830-840 N. Milwaukee Ave
9.A.c
The Applicant will not conduct any sales or distribution of cannabis other than as authorized by
the Act. The Applicant has a full suite of standard operating procedures ("SOPs") designed to help
prevent diversion.
x. No adult -use dispensary shall be maintained or operated in a manner that causes,
creates, or allows the public viewing of adult -use cannabis, cannabis -infused
products or cannabis paraphernalia or similar products from any sidewalk, public
or private right-of-way or any property other than the lot on which the dispensary
is located. No portion of the exterior of the dispensary shall utilize or contain any
flashing lights, search lights or spotlights or any similar lighting system.
No cannabis, cannabis -infused products, or cannabis paraphernalia will be visible from any
sidewalk, private or public right-of-way or any property other than the lot on which the dispensary
is located. Purchasers can expect the physical environment to be inviting and warm, a source of
everyday wellness. The dispensary will reflect the interior design, with a bright and welcoming
palette. The exterior of the dispensary will have a gentle aesthetic of light wood tones and whites
with brightly colored accents. The signage at the dispensary will say "Sunnyside*," and will
generally fit in with the surrounding neighborhood. The goal is for purchasers to have the same
experience at the Applicant's dispensary as one might have at a high -end retailer such as Apple or
Whole Foods.
xi. No adult -use cannabis dispensary nor any other person or entity shall place or
maintain, or cause to be placed or maintained, an advertisement of cannabis or
cannabis -infused product in any form or through any medium:
1. Within 1, 000 feet of the perimeter of a pre-existing public or private nursery
school, pre-school, primary or secondary school, day care center, or day
care home within the Village of Buffalo Grove corporate limits; or
The Applicant will not display advertisements within the 1,000-foot perimeter of a pre-existing
public or private nursery school, pre-school, primary or secondary school, day care center, or day
care home within the Village of Buffalo Grove corporate limits.
2. On or in a public transit vehicle or public transit shelter, or
The Applicant will not display advertisements on or in a public transit vehicle or public transit
shelter within the Village of Buffalo Grove.
3. On or in publicly owned or publicly operated property. All advertising shall
comply with the rules and regulations set forth in the Cannabis Regulation
and Tax Act (P.A. 101-0027).
The Applicant will not display advertisements on or in publicly owned or publicly operated
property within the Village of Buffalo Grove. All advertising will comply with the rules and
regulations in the Cannabis Regulation and Tax Act.
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Request for Special Use 830-840 N. Milwaukee Ave
9.A.c
xii. Each adult -use dispensary shall prohibit any person who is not at least twenty-
one (21) years of age from entering the dispensary, except .for cardholders
granted medical access under the Compassionate Use of Medical Cannabis Act
over 18 years of age, whose access shall be limited to the medical cannabis
dispensing area only. Dispensaries shall not employ anyone under the age of
twenty-one (21). Access to the dispensary shall be limited exclusively to
dispensary staff and those specifically authorized under the Cannabis Regulation
and Tax Act (P.A. 101-0027).
The Applicant will only allow qualifying purchasers and qualifying medical patients over 18 years
of age into the dispensary. The dispensary's employees will escort any medical patients 18-20
years of age into a medical consultation room for their transaction to take place. After, employees
will escort the medical patient back out of the dispensary through the main entrance to avoid the
sales floor altogether.
e. Additional Requirements. As part of the Special Use application requirements, Petitioner
shall submit plans regarding installation of building enhancements, such as security
cameras, security systems, lighting or other improvements to ensure the safety of
employees and customers of the adult -use cannabis dispensary, as well as its environs.
Said improvements shall be determined based on the specific characteristics of the
dispensary and of the floor plan for an adult -use cannabis dispensary and the site on
which it is located, consistent with the requirements of the Act.
The Applicant has submitted plans for the building enhancement and build -out at 830-840 N.
Milwaukee Ave. with adult -use dispensing in mind. These enhancements and changes will create
a safe and compliant environment for all qualifying purchasers and patients.
i. The Special Use Applicant shall submit a complete copy of their license application
and all plans submitted to the State of Illinois, or any agency thereof, as part of
their special use application. Before issuance of a certificate of occupancy or
otherwise opening to the public, Adult -Use Cannabis Business Organizations must
provide a copy of their state license to operate as an adult -use cannabis dispensary
issued by the Illinois Department of Financial and Professional Regulation.
The Applicant has submitted a complete copy of their license application and all plans submitted
to the State of Illinois as a part of its special use application. The Applicant will submit a copy of
their state license to operate as an adult -use cannabis dispensary issued by the Illinois Department
of Financial and Professional Regulation.
ii. Petitioner shall file an affidavit with the Village affirming compliance with Section
17.28.80-c as provided herein and all other requirements of the Act.
The Applicant will file an affidavit affirming compliance with Section 17.28.80-c affirming
compliance with all regulations provided in the Cannabis Regulation and Tax Act. The Applicant
understands that if the Act is amended, the more restrictive of the state or local regulation will
apply.
5
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Request for Special Use 830-840 N. Milwaukee Ave
9.A.c
iii. The Special Use Applicant shall submit additional information as required by the
Village during the Special Use process.
The Applicant will comply with the Village's requests for additional information with the Village's
understanding that some information may be proprietary and confidential and should be treated as
such.
10
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9.A.c
9. Floor Plan and Interior Renderings
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10. Updated Exterior Renderings
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9.A.c
11. Same -Site Operations and Management
Practices
Packet Pg. 144
9.A.c
OPERATION AND MANAGEMENT PRACTICES PLAN FOR ILLINOIS MEDICAL
CANNABIS, OAPP PROGRAM, AND ADULT -USE
Updated October 8, 2019
TABLE OF CONTENTS
General Provisions
W
Employee Training 3
Patient, Caregiver, and Adult Use Education 5
Staffing 6
Supply Plan 8
Inventory Control
9
Recordkeeping
14
Audits
15
Surveillance and Security Overview
17
Security Procedures for Loss and Destruction
20
Natural Disasters
21
Packet Pg. 145
9.A.c
TRADE SECRET — CONFIDENTIAL
General Provisions
These Standard Operating Procedures ("SOPs") include guidelines for PDI Medical's ("PDI")
dispensary operations including sales to medical patients ("patients"), patient caregivers
("caregivers"), and purchasers (defined below).
PDI reviewed its current policies and procedures to establish requirements to maintain and comply
with written policies and procedures as submitted in the Business, Financial, and Operating Plan as
required by Section 15-65 (a) of the Cannabis Regulation and Tax Act ("the Act") or by rules
established by the Illinois Department of Financial and Professional Regulation ("IDFPR").
Employee Manual: A detailed employee policy and benefit manual will be distributed to all
employees. The manual will be attached to this operations plan.
Operating Hours: The operating hours to purchase cannabis and/or cannabis products for medical
or adult use purposes will be between the dispensary's normal operating hours; ensuring that the
transactions will occur between 6 a.m. and 10 p.m. The dispensary's normal operating hours will
be 9 a.m. to 10 p.m., seven (7) days a week.
Definition of "purchasers": A "purchaser" is defined as a person 21 years of age or older who
acquires cannabis for adult use. "Purchaser" does not include a cardholder under the under the
Compassionate Use of Medical Cannabis Pilot Program Act.
Limited Access Area: "Limited Access Areas" for all of the Dispensary's policies and procedures
will be defined as a building, room, or other area under the control of a cannabis dispensing
organization licensed under this Act and upon the licensed premises with access limited to patients,
purchasers, dispensing organization principal officers and other dispensing organization agents, or
service professionals conducting business with the dispensing organization.
Restricted Access Areas: "Restricted Access Areas" for all of PDI's policies and procedures will
be defined as areas limited to dispensary agents and service professionals while escorted by a
dispensary agent. All employees with access to the restricted access area will undergo a
comprehensive background check and criminal history check. All employees will undergo an
extensive initial security training and semi-annual enhanced security training and emergency drills.
Any employee attempts to enter the restricted access area will need to scan their security badge
and their entrance to the restricted access area will be monitored and overseen by security
personnel. The security door scanner will record the date and time of access. The video surveillance
system will record the employee entering the restricted access area and all activity inside. Each
day, inventory reconciliation will be performed by the Agent -In -Charge ("AIC"). All cannabis and
cannabis infused product will be counted. Daily inventory counts are recorded into PDI's BioTrack
system.
Signage: All signage required by Sections 15-65 (h), (i) of the Act will be posted in a conspicuous
location of the dispensary accessible to purchasers and will follow all rules and regulations
referenced in Section 15-65 (h)(3).
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• Section 15-65 (h) Signage that shall be posted inside the premises.
o (1) All dispensing organizations must display a placard that states the following:
"Cannabis consumption can impair cognition and driving, is for adult use only, may
be habit forming, and should not be used by pregnant or breastfeeding women."
o (2) Any dispensing organization that sells edible cannabis -infused products must
display a placard that states the following:
■ (A) "Edible cannabis -infused products were produced in a kitchen that may
also process common food allergens."; and
■ (B) "The effects of cannabis products can vary from person to person, and
it can take as long as two hours to feel the effects of some cannabis -infused
products. Carefully review the portion size information and warnings
contained on the product packaging before consuming."
o (3) All of the required signage in this subsection (h) shall be no smaller than 24
inches tall by 36 inches wide, with typed letters no smaller than 2 inches. The
signage shall be clearly visible and readable by customers. The signage shall be
placed in the area where cannabis and cannabis -infused products are sold and may
be translated into additional languages as needed. The Department may require a
dispensary to display the required signage in a different language, other than
English, if the Secretary deems it necessary.
• Section 15-65 (i) A dispensing organization shall prominently post notices inside the
dispensing organization that list activities that are strictly prohibited and punishable by law,
including, but not limited to:
o (1) no minors permitted on the premises unless a minor is a minor qualifying patient
under the Compassionate Use of Medical Cannabis Pilot Program Act;
o (2) distribution to persons under the age of 21 is prohibited;
o (3) transportation of cannabis or cannabis products across state lines is prohibited.
Employee Training
The dispensing organization shall maintain evidence of all training provided for every agent in its
files and subject to inspection and audit by the Division. At a minimum, agents shall receive eight
hours of training annually, and the dispensary will maintain evidence of all training for every agent
in its files for inspection by the Division.
Training for Adult Use Procedures
The Dispensary will provide agent training pursuant to Section 15-40 (i)(3) including continuing
training with over two hours of instruction time approved by the Department including:
a. Health and safety concerns of cannabis use, including the responsible use of cannabis, its
physical effects, onset of physiological effects, recognizing the signs of impairment, and
appropriate responses in the event of overconsumption;
b. Laws and regulations on driving while under the influence;
c. Prohibitions on sales to minors;
d. All relevant Illinois laws and rules;
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e. Acceptable forms of identification, including how to check identification and common
mistakes made during verification;
£ Safe storage of cannabis;
g. Compliance with all inventory tracking regulations;
h. Waste handling, management, and disposal;
i. Health and safety standards at the dispensary;
j. Maintenance of records;
k. Security and surveillance requirements;
1. Permitting inspections by State and local licensing and enforcement authorities;
in. Privacy issues; and
n. Packaging and labeling requirements.
The Dispensary may use methods including, but not limited to, reading materials, written
assessments, classroom training, online training programs, skill demonstrations, certifications,
and on-the-job training as applicable for the task's complexity. Training materials will be created,
revised, reviewed, and approved via Cresco Labs' document change management policy. Training
will be assigned and documented within the Company's learning management system (LMS).
The above is in addition to all training performed by PDI for new and renewing dispensary agents.
Training for OAPP Procedures
Pursuant to the Act and governing regulations, a Dispensing Organization shall ensure agents
receive a minimum of eight (8) hours of training annually, unless otherwise approved by IDFPR.
Staff will be educated that for the purposes of the ("Opioid Alternative Pilot Program") OAPP,
"Opioid" means a narcotic drug or substance that is a Schedule 11 controlled substance under
paragraph (1), (2), (3), or (5) of the subsection (b) or under subsection (c) of Section 206 of the
Illinois Controlled Substances Act, and that an "Opioid Alternative Pilot Program participant"
means an individual who has received a valid written certification to participate in the OAPP for a
medical condition for which an opioid has been or could be prescribed by a physician based on
generally accepted standards of care.
Staff training shall, at a minimum, include:
a. Education into the provisions of the OAPP and applicable rules;
b. How to effectively operate PDI's BioTrack POS system and to utilize the State's OAPP
verification and tracking system;
c. The requirements for registration of OAPP patients and verification of their identity and
ability to acquire cannabis pursuant to the OAPP;
d. Proper inventory tracking for sales of cannabis products to MCPP, OAPP, provisional
patients and adult use purchasers; and
e. The methods and importance of preserving confidentiality and patient privacy rights for all
dispensary patients.
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The Dispensary may use methods including, but not limited to, reading materials, written
assessments, classroom training, online training programs, skill demonstrations, certifications,
and on-the-job training as applicable for the task's complexity. Training materials will be
created, revised, reviewed, and approved via Cresco Labs' document change management
policy. Training will be assigned and documented within the Company's learning management
system (LMS).
The above is in addition to all training performed by PDI for new and renewing dispensary agents.
Patient, Caregiver, and Adult Use Education
The first services to be provided by the Company will be the education of its patients, caregivers,
and purchasers in the use of cannabis. The Company will always have dispensary agents with vast
experience to ensure that its educational services are second to none. The Company will further
train its employees about the strains of cannabis and their effect on the various qualifying
conditions under Illinois law. Agents will also be trained to adhere to confidentiality requirements,
specific uses of cannabis or cannabis -infused products, instruction regarding regulatory inspection
preparedness and law -enforcement interaction; awareness of the legal requirements for
maintaining status as an agent and other topics as specified by the dispensing organization or the
Division.
OAPP Patient Education
The OAPP patient education plan shall:
a. Detail the benefits or drawbacks of cannabis strains or products in connection with medical
conditions for which opioids can be/are prescribed for;
b. Include updated information about the purported effectiveness of strains of medical
cannabis on specific conditions;
c. Include current educational information issued by DPH about the health risks associated
with the use or abuse of cannabis;
d. Include whether possession of cannabis is illegal under federal law;
e. Include information about possible side effects;
f. Include prohibition on smoking medical cannabis in public places; and
g. Include any other appropriate patient or participant education or support materials.
All dispensary agents shall be trained and shall be knowledgeable in regard to all of these subjects,
so they can converse with and educate all medical cannabis patients, including OAPP participants,
regarding the risks and benefits of medical cannabis.
Participant educational materials shall be updated with current science, regulations, and shall be
consistent with other educational materials provided by DPH, IDFPR, or other authoritative
sources of information regarding medical cannabis.
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Staffing
Managing Increased Dispensary Traffic
The Dispensary will adhere to the rules and regulations outlined by IDFPR on maximum capacity
restrictions. The AIC will be responsible for employees and security staff to ensure that maximum
capacity is never exceeded in any facility area. Additionally, to prepare for increased traffic, the
Dispensary will increase staffing including, but not limited to the public access area, dispensing
counter, and security to reduce wait time. The dispensary will encourage online ordering, using an
express checkout for expedited service.
Staffing
The dispensary will be staffed at all times with a minimum of two dispensary employees, including
one security officer. The dispensary exterior door will not be opened unless both the security
officer and agent are present. At all times, the dispensary will keep an appropriate amount of staff
for all patients, caregivers, and purchasers in the limited access dispensing area. No patient,
caregiver, or purchaser will be allowed into the limited access area unless there is appropriate
staffing on the sales floor.
Entering the Facility
At the dispensary, only patients, caregivers, and purchasers will have access to specific areas where
cannabis is dispensed or handled. All persons intending to obtain cannabis will enter the facility
through a security vestibule, which will be monitored by video surveillance that captures the face
of each person entering the facility. No person shall be allowed to enter the limited access area
until that person is verified by the dispensary agent.
Designated employees will be charged with greeting each person that enters the waiting area and
checking identification. They will verify the patient, caregiver, or purchaser information as stated
above before allowing admittance into the limited access area. After verification, the security
officer will allow the patient, caregiver, or purchaser through the door to the sales floor.
Once a patient, caregiver, or purchaser is inside the limited access area, they will be greeted and
directed to the appropriate area depending on their needs. After the patient, caregiver, or purchaser
chooses his or her cannabis product, they will have assistance processing their transaction through
the steps outlined in the Inventory Control section of this document.
Electronic Identification Scanners
PDI will use an approved electronic scanner to retrieve and to verify the validity of an individual's
identification and the purchaser's age upon arrival. Any information obtained by the scanner will
not be retained, used, shared, or disclosed.
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Adult Use Cannabis Limits for Illinois and Non -Illinois Residents
If an individual is an Illinois resident, the dispensary will not sell more than 30 grams of cannabis
flower, 500 mg of THC contained in cannabis -infused product, and/or five (5) grams of cannabis
concentrate per transaction.
If the individual is a non -Illinois resident the dispensary will not sell more than 15 grams of
cannabis flower, 250 mg of THC contained in cannabis -infused product, and/or two and a half
(2.5) grams of cannabis concentrate per transaction.
ADULT USE ACCEPTABLE IDENTIFICATION: For adult use purposes, the
individual must be over 21 years of age to enter the dispensary. Upon an individual's entry
into the dispensary, an employee will immediately inspect the individual's proof of
identification, state of residence, and determine if the individual is 21 years of age or older.
If the individual is younger than 21 years old, he or she will not be admitted unless they
produce an active medical registration card issued by the Medical Use of Marijuana
Program — and is accompanied by a personal caregiver with an active medical registration
card for those under 18 years old.
Acceptable forms of identification shall include, but are not limited to a driver's license,
state ID, or military ID. The identification must be valid and unexpired. The identification
must also contain a photograph and the person's date of birth. The company will refuse to
sell marijuana to any consumer who is unable to produce valid proof of identification.
ADULT USE EXAMPLES OF ACCEPTABLE IDENTIFICATION:
For proof of ILLINOIS residence, 21+ age verification, and full allocation:
Will Illinois drivers' licenses be allowed? Yes.
Will Illinois state IDs be allowed? Yes.
For proof of 21+ age verification:
Will passports be allowed? Yes.
Will military IDs be allowed? Yes.
Will passport cards be allowed? No.
Identification that will not be allowed:
Will a non -Illinois drivers' license and lease (or other document) be allowed? No.
Will a non -Illinois state ID and lease (or other document) be allowed? No.
Will a school ID be allowed? No.
Will an FOID card be allowed? No.
Will a AAA card be allowed? No.
Will a credit card be allowed? No.
Will a lease be allowed? No.
Will a bill be allowed? No.
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Medical Identification and Purchasing Limits
If a medical patient is above 21 years old, the same limits as Adult Use apply. (If an individual is
an Illinois resident, the dispensary will not sell more than 30 grams of marijuana, 500 mg ofTHC
in a cannabis -infused product, and/or five (5) grams of cannabis concentrate per transaction.)
For medical patients under 21 years old, the dispensary will not sell more than 2.5 ounces of usable
cannabis during a period of 14 days unless a patient has a waiver from a physician approved by
the Department for a higher limit. This is subject to change in 2020, with the repeal of this section
in the Compassionate Use of Medical Cannabis Pilot Program Act scheduled to be repealed on
July 1, 2020.
Medical patients, caregivers, and OAPP patients must provide their medical card and state ID or
drivers' license to enter the facility.
Supply Plan
PDI will be able to keep a continuous supply of medical cannabis through previously developed
relationships with cultivators. PDI currently purchases cannabis from most cultivators in the state
and will be able to maintain an extensive supply of cannabis for both medical and adult use. PDI
continues to work closely with many cultivators on a daily basis, including Cresco Labs, Ataraxia,
Revolution Cannabis, GTI, Pharmacannis, and several others. PDI typically orders every other
week from these suppliers and intends to keep a regular and fresh supply of medical and adult use
cannabis.
PDI will also work with craft growers, infusers, transporters, and other dispensaries to accept
product and ensure a wide variety of products at its dispensary.
The AIC will ensure that an assortment of products from various cannabis establishment licensees
are available; providing that no single licensee's product makes up more than 40 percent of the
total inventory available for sale.
Managing Adult Use and Medical Supply
PDI's priority is providing patients the care they need and has created a plan to maintain supply
for a seamless integration to Adult Use, in which current patients will have the same care and
service they do with the current dispensary experience. Using Cresco Labs' data analytics for
patient demand, the Dispensary is able to keep track of orders making it simple to keep a supply
of cannabis products comparable to what patients currently require. Cresco Labs will utilize the
sales data from December 25, 2018 to June 25, 2019 (six months prior to the effective date of the
Act) as a benchmark to mark and reserve a quantity and variety of medical cannabis products to
be specifically allocated to patients, caregivers, provisional patients, and OAPP participants upon
the addition of the Adult Use market at PDI. Thereafter, Cresco Labs will continue to analyze the
preceding six months' data to regularly adjust stock reserved for medical patients in accordance
with patient demand. Products reserved for registered patients will be stored on -site and be clearly
marked using a color -coding system to differentiate from the products marked for adult use.
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Inventory Control
PDI will track its inventory from its order from the cultivation through the sale to the patient,
caregiver, or purchaser. PDI will ensure its records are accurate and accessible at any time through
BioTrackTHC (`BioTrack"), the State's automatic data processing/point-of-sales system
("ADP/POS") in real time. PDI will conduct its inventory tracking using the following process,
which will be under constant video surveillance:
a. The complete order record sent to the cultivation center, processor, craft grower, or infuser
will be entered into BioTrack.
b. Upon arrival at the dispensary, a dispensary security officer and an Agent -In -Charge
("AIC")/dispensary agent will meet the delivery vehicle and take them into the secure
vestibule where staff will verify the strain, variety, and batch number of the delivery. The
employee will also check the registry identification number of the registered cultivation
center, processor, craft grower, or infuser providing the medical and/or adult use cannabis
and the cultivation agent delivering the cannabis.
c. All delivery items will then be put into the secure product vault and clearly marked using
a color -coding system to differentiate products marked for medical or adult use.
d. When necessary, product will be taken from the vault and placed in secured mobile storage
containers in restricted access areas.
e. The dispensary will have two separate queueing lines — one for patients and caregivers, and
one for purchasers. The queue for patients and caregivers will be assisted before the queue
for purchasers.
£ At the time of sale, the dispensary agent will remove the correct product according to
patient, caregiver, or purchaser status from the locked mobile storage container.
g. BioTrack will record the patient, caregiver, or purchaser and specific product given to the
patient, caregiver, or purchaser and mark which product allocation the product came from.
h. FOR MEDICAL ONLY: The ADP/POS will be able to mark sales from registered
patients, ensuring that those sales receipts are separate. In the event a medical patient
receives inventory allocated for adult use, the Dispensary will ensure that the product is re-
allocated correctly in the ADP/POS system. Dispensary agents will check to be sure
products are labeled correctly for sale, as medical patients are not prohibited from
purchasing as "Purchasers" as defined by the Cannabis Regulation and Tax Act ("the Act").
i. FOR ADULT USE ONLY: The ADP/POS will be able to mark sales from adult use,
ensuring that those sales receipts are separate. Agents will check to ensure products are
labeled correctly for sale and that adult use product comes from the accurate allocation, as
there must be a reserved quantity and variety of medical marijuana products available for
patients, caregivers, provisional patients, and OAPP participants not available for adult use
purchasers.
j. PRODUCT SHORTAGE PLAN: In the unlikely event the dispensary ever experiences
a shortage of cannabis or cannabis -infused products, qualifying patients, caregivers,
provisional patients, and OAPP participants would be served before purchasers from the
stock intended for adult use.
k. SALES TO EMPLOYEES:
a. Employee adult use and patient purchases may only be made at the end of a shift
when the employee is leaving for the day.
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b. Employee sales must be made by an AIC (employees cannot conduct their own
purchase)
c. Employee purchases must be placed in a sealed bag at the POS
d. The Agent that sold the product must then walk the employee out of the dispensary
with their purchase.
e. The employee cannot return to the dispensary with their purchase.
1. Each day, an inventory reconciliation will be performed by an AIC and the staff necessary
to complete a full count. All cannabis and cannabis infused products sold, and remaining
inventory, will be counted.
in. The daily beginning and ending inventory counts, including any new deliveries, will be
recorded.
Registration of OAPP Patients
PDI fully complies with the requirements of OAPP and implements regulations adopted by the
IDFPR's Notice of Emergency Amendments, implementing and authorized by the Compassionate
Use of Medical Cannabis Pilot Program Act.
PDI has the ability to take the required passport -style photographs and will work with the
prospective OAPP patients (at computers and scanners to be located in public access area) to fill
out the registration and upload the documents necessary to complete a patient's registration
application for the OAPP if the patient is not already registered and meets OAPP requirements.
Once a patient receives a written physician certification ("PC") from a duly authorized medical
doctor, the process for registering with the Illinois Department of Public Health ("DPH") is
completed online. Registration requires the OAPP patient to provide an Illinois driver's license or
state ID, verification of the OAPP patient's address; a passport -style photograph and payment of
a $10 registration fee for the 90-day OAPP registration.
Notifications to IDFPR
PDI shall notify the Division in writing within 48 hours in the event it dispenses in excess of a
patient's usable amount permitted under the Compassionate Use of Medical Cannabis Act, or the
OAPP. The notification shall be reviewed and/or submitted by an AIC, and shall include:
a. The date and time of the transaction which caused the overage;
b. The name of the AIC on duty;
c. The amount of the overage;
d. The patient or provisional patient's registry identification number; and
e. A detailed narrative of the circumstances surrounding the overage.
Whenever an incident occurs which requires PDI to submit a notification to IDFPR, or any other
agency of the State, PDI shall include a description of the methods PDI will use to self -correct and
prevent such type of over -dispensing or other incident from reoccurring.
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Dispensing Cannabis to OAPP Patients
PDI has established an SOP for dispensing cannabis products to patients registered under the
OAPP, which provides that the following procedures will be followed:
Before dispensing medical cannabis to an OAPP participant, the dispensary agent shall:
a. Confirm the OAPP participant is in the Illinois Cannabis Tracking System and is authorized
by DPH to purchase medical cannabis;
b. Verify the OAPP participant's identity by confirming the following:
1. The patient's name, phone number, and identity from a state or federally -issued
identification card;
2. The OAPP patient's date of birth (must be over 21 years of age);
3. That original written certification was submitted in the application and includes the
name of the issuing physician;
4. That the certification was issued within 90 days of registering in the OAPP; and
5. The start and expiration date of the OAPP participant can purchase medical
cannabis.
c. Confirm the OAPP participant is not a registered qualifying patient or provisional patient;
d. Verify the amount of medical cannabis of the OAPP participant is requesting would not
cause the participant to exceed the limit of obtaining more than two and one-half ounces
of medical cannabis during any 14-calendar day period.
e. Enter the following information into the Illinois Cannabis Tracking System for the OAPP
participant:
1. The dispensing organization's registry identification number;
2. The dispensing organization agent's registry identification ID number.
3. Identity of the individual to whom medical cannabis was dispensed;
4. The amount, type, strain, weight and usable weight of medical cannabis dispensed;
5. The date and time the medical cannabis was dispensed
A PDI AIC will immediately notify the Division (and in no circumstances more than forty- eight
(48) hours after) if the Dispensary determines or reasonably believes that a person is attempting to
submit or did submit a fraudulent written certification in an OAPP application.
Dispensing Cannabis to Provisional Patients
PDI has established a standard operating procedure for dispensing cannabis to provisional
patients in accordance with OAPP, providing the following:
a. Before allowing a provisional patient into the limited access area, staff must verify the
person's identity by comparing the provisional patient's provisional registration along with
state or federally -issued identification.
b. Before dispensing medical cannabis to a patient, provisional patient, or a caregiver, the
agent shall:
Verify the validity of the patient or caregiver's patient registry identification card
or verify the validity of the provisional patient's provisional registration.
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2. Confirm the patient, provisional patient, or designated caregiver's registry
identification number is in the State's electronic verification system.
3. Verify that the patient or caregiver has a current authorization by DPH to purchase
medical cannabis.
4. Verify that the provisional patient's provisional registration has not expired and is
authorized by DPH to purchase medical cannabis.
5. Verify that the amount of medical cannabis the patient, provisional patient, or
caregiver is requesting would not cause them to exceed the limit on obtaining no
more than two and one-half ounces of medical cannabis during any 14-calendar-
day period, unless approved by IDFPR.
c. Before dispensing medical cannabis to a patient, provisional patient, or a designated
caregiver, the agent shall enter the following information into the state's verification
system:
1. The dispensing organization agent's registry identification number;
2. The dispensing organization's identification number;
3. The amount, type, strain, weight, and usable weight of medical cannabis dispensed;
4. Identity of the individual to whom medical cannabis was dispensed, whether the
patient, provisional patient, or caregiver; and
5. The date and time the medical cannabis was dispensed.
A PDI AIC will immediately notify IDFPR (and in no circumstances after more than 48 hours) if
PDI determines or reasonably believes that a person is attempting to submit or did submit a
fraudulent written certification in any application submitted to the state.
Security Procedures,for the Delivery of Cannabis
When a cultivator, processor, craft grower, or infuser delivers and the products are accepted and
logged into BioTrack, the AIC or inventory manager records each product's expiration date into
an expiration date log to ensure the product does not expire at the dispensary. Once each week, the
AIC or inventory manager will reference the expiration logs to see if a product is due to expire in
the next month and to ensure that "first in products are the first sold." Products will be placed in
the secure sales cabinets with the oldest products at the front and the newest in the back to
guarantee that the first in are the first out. Any product set to expire in a month will be identified
and tracked separately to ensure the product is sold before expiration. If the product expires, it will
be destroyed in accordance with state law (outlined in the waste section of this plan).
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Delivery Confirmation
The dispensary will confirm receipt of all products through the use of the BioTrackTHC inventory
system. The precise amount, type, strain and batch will be ordered from the cultivation center,
processor, craft grower. Upon delivery, the dispensary will have two employees present, including
the AIC, plus a security officer, to verify that the count is accurate, and all products were received.
Both employees will be responsible for ensuring an accurate count. Once visual confirmation is
made that all products have been delivered matching both the shipping manifest and the
BioTrackTHC order form, the dispensary employee and AIC will enter the confirmation of
delivery in BioTrack. No delivery will be complete until it is verified by at least two dispensary
employees including the AIC and the BioTrackTHC computer system.
Security Procedures: Upon arrival at the dispensary, the cultivation delivery team will be met by
the AIC, a dispensary agent, and the security officer. No delivery shall take place unless two
employees including the AIC are present to accept the delivery. The security officer, dispensary
agent, and AIC shall escort the delivery team into the secure delivery area. The entire process will
be recorded on video surveillance. Inside the secure delivery room, the dispensary employee and
AIC will verify that each item from the cultivation center, processor, craft grower, or infuser has
been delivered per the shipping manifest sent the prior day from the cultivation center and verified
by the BioTrack dispensary order manifest. The dispensary employee and AIC will check each
item off on the shipping manifest. The manifest will detail the specific type of product, strain,
variety and batch number. The dispensary employee and AIC will verify that each of these matches
the initial order in the BioTrack system. Once all items are verified, the AIC will sign off on the
cultivation center, processor, craft grower, or infuser manifest. Two employees, including the AIC,
will verify that every item ordered from the cultivation center, processor, craft grower, or infuser
has been delivered.
If the dispensary employee, AIC, and security officer determine that any item is missing from the
manifest or has been tampered with or has a broken seal or any other irregularity, the employee,
AIC, and security officer will refuse acceptance of the disputed item. The dispensary employee,
AIC, and security guard shall immediately list the incomplete or corrupted delivery report listing
the batch number, type, strain and variety of the missing or corrupted item. The AIC and security
officer will then make the appropriate notifications, when necessary, to the Department, Illinois
State Police or local police department as required. Two dispensary employees, including the AIC
will observe as the cultivation center, processor, craft grower, or infuser delivery person removes
all of the items brought. Then, the security officer, the AIC, and dispensary employee will escort
the delivery employee out of the dispensary.
Should both employees determine that the delivery is complete, and all items listed on the
BioTrack manifest are present and correct, they will begin the login process. Once all of the items
are entered into the system and all items are verified, the employee and AIC will sign off on the
dispensary center manifest verifying all items delivered and received. Finally, all items will be
moved out of the secure delivery room and into the vault/safe room and the cultivation center
delivery personnel will be escorted out of the building. Again, the deposit into the vault will be
recorded on video surveillance. All shipping manifests, as well as the names of the cultivation
center and delivery agent delivering the cannabis, dispensary agent receiving, and security officer
present will be kept in paper form and stored for a minimum of five years. Additionally, the
shipping manifest and BioTrack order manifest will be scanned into the BioTrack system and
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stored both off -site and on -site on dispensary servers.
All deliveries to the dispensary will be monitored with multiple layers of security before, during
and after the delivery. The security officer will be notified by the cultivation center delivery team
at least fifteen minutes prior to the delivery. Upon notification, the security guard will monitor the
dispensary site and all neighboring areas for individuals conducting surveillance, suspicious
vehicles or any other irregularity inside or outside the dispensary.
If the security officer perceives a threat and believes the dispensary to be in imminent danger, the
officer will initiate a lock down of the dispensary and immediately notify the local police of the
perceived threat. The security officer will also notify the cultivation center, processor, craft grower,
delivery team and instruct them to abort the delivery.
Recordkeeping System
The AIC will be responsible for ensuring that all records are maintained, updated, and stored
properly. The AIC will set in place best practices for keeping documents and uncovering
irregularities. The AIC will oversee the day-to-day recordkeeping procedures, including:
a Management Plans: The AIC will review and revise the management plan on a regular
basis. PDI has developed a management plan that utilizes best practices with expert
knowledge in the medical and adult use cannabis industry. All historic versions of the
management plan will be kept on both local and remote servers. In addition, hard copies
will be kept by the AIC's office at the dispensary.
b. Business Records: The AIC will be charged with ensuring the proper procedures exist to
maintain PDI's business records. All business records, including budgets, maintenance
costs, and profit and loss will be kept both in electronic form and hard copy. All hard copy
records will be scanned and saved to PDI's server. Budgets and costs will be under constant
evaluation by the AIC and Principal Officers.
c. Sales Records: BioTrack will store point of sales records electronically and in real time.
PDI will track its inventory from the cultivation center through the sale to the patient.
Through BioTrack, PDI will ensure its records are accurate and accessible to law
enforcement. The AIC will have real-time access to these records through frrewall
14
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protected internet service. Any paper records will be scanned and saved into the system.
Any hard copies that pertain to destruction, delivery, and sale of cannabis will also be kept
in a fireproof safe/vault at the dispensary.
d Operating Procedure Records: PDI's operating procedures will be kept in the operations
manual that will be distributed to all employees and officers of PDI.
e. Security Records: The AIC and Security Director will regularly review the security manual
to ensure that all security procedures are effective in protecting patients, caregivers,
purchasers, and employees. The AIC will also keep all video surveillance, alarm, and other
facility security specifications. All records will be kept both electronically and in paper
form both at the facility and in a secure, remote location.
MEDICAL ONLY.- Qualified Patient and Designated Caregiver Recordkeeping System
PDI will have an integrated patient tracking system that allows for complete patient verification,
history, and sales tracking at the point of sale via BioTrack. This system will be web- based and
accessible 24 hours a day and seven days a week. Through an identification card and patient
number, BioTrack will verify the patient in the state database at the time of purchase. The system
allows for the scanning of all patient paperwork and identification and compiles a real-time record
of patient activities. Once a sale to a patient is initiated, the system will record the cannabis quantity,
name, and strain to ensure that the verified patient never receives an amount in excess of that
allowed by law. Each time the patient returns to the facility, the complete history of the patient will
be immediately available to the patient counselor at the point of sale.
Confidential Patient Records: BioTrack allows for the confidential collection of all patient
information. BioTrack tracks all patient intake information and background data. PDI, at a
minimum, will review its patient confidentiality procedures semi-annually. All electronic patient
records will be protected by the most advanced encryption and firewalls available. Moreover, any
paper patient record will be kept in a restricted access area.
ADULT USE ONLY- Purchaser's Personal Information
Purchaser's personal information shall not be obtained and recorded without the purchaser's
consent. PDI's employees having custody of, or access to personal information and records shall
not divulge its contents or provide copies to anyone except where a purchaser has given consent
for such disclosure in writing.
Audits
Security Audits and Incident Reports
The AIC will conduct monthly security audits. The security audits will include a complete
inspection of all security systems. The record of these audits will be kept in paper form for
inspection by IDFPR at the dispensary.
All incident reports, including but not limited to missing or lost cannabis, suspected diversion of
cannabis, and theft will be kept at the facility. These documents will also be kept on a password-
15
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protected computer and accessible remotely via password. After any incident where theft or
diversion is shown or suspected, the AIC will carefully document the incident. In addition, the
AIC and Security Director will meet and review all security procedures, manuals, and equipment
specification after each incident. Moreover, they will revise and update any, or all, of those
manuals and specifications subsequent to that incident.
Company Audit Records
The AIC will be responsible for maintaining and storing all audit records. Each morning, the AIC
will review the inventory record. The AIC will print out a complete inventory record and distribute
it to dispensary agents to conduct a complete inventory count. Once the count is complete
(preferably prior to opening for the day), the AIC/Inventory Manager will verify the count and
ensure there are no inventory discrepancies. If there is a discrepancy, the AIC/Inventory Manager
shall conduct an immediate investigation to determine the circumstances surrounding the missing
product and shall notify the Security Director about the discrepancy. Inventory Discrepancies will
be reported to IDFPR via Division -provided inventory adjustment forms. Inventory adjustment
information, including approval emails, will be kept for a minimum of 2 years. The inventory
record will be kept electronically and in hard copy in the AIC's office. The AIC shall review this
record on a daily basis and update procedures if needed.
The AIC will also conduct a full audit of product and sales every thirty days. The full audit record
will be generated by the AIC and reviewed by Cresco Labs' internal retail and/or compliance
teams. The Audit will be verified by the appropriate parties and will be kept electronically on site
and through a secure network for off -site storage. Paper records will be scanned onto back-up
servers with hard copies stored in the onsite vault.
State Audits and Inspection Records
The AIC will ensure all records are kept readily available for State Inspectors. PDI will establish
a training and protocol system that explains to all staff that State Inspectors should be given all
deference and access to documents. Staff will be trained to immediately notify the AIC and
Security Director when an inspection occurs.
To ensure access for State Inspectors, PDI will institute a policy that requires all relevant pieces of
paper that come into the dispensary be scanned and filed electronically. This system will include
all paper delivery documents from cultivation centers, service/work orders, and other
miscellaneous documents. All other dispensary information, including patient records, sales,
income, and expense information will be kept electronically. The AIC will have access to these
records through remote access and on -site at the dispensary. Upon request, access will be given to
State Inspectors.
PDI is prepared to accommodate for random and unannounced dispensary inspections by the
Division, the Illinois State Police, and local law enforcement. All employees responsible for
preparation, obtaining or keeping records, logs, reports or other required documents shall, upon
request by authorized officials, make the documents immediately available for inspection.
16
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9.A.c
Surveillance and Security System Overview
Security System Specification
Physical Access Control System — Restricted Access, Delivery Area, and Employee Areas
Video Surveillance System
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Video Storage and Access Capabilities
The video management system will provide 24-hour recordings from all video cameras available
for immediate viewing by the State Police and IDFPR upon request. The video management
system will have the capacity to retain digital recording data for a minimum of 90 days and the
policies in place will ensure this data will not be destroyed or altered during that 90-day period. In
addition, all video surveillance captured will be stored both on site and off site to provide
redundancy. PDI will provide additional storage to ensure capacity to hold investigation data
indefinitely in the event of a loss or theft of cannabis, or a pending criminal, civil, or administrative
investigation, or legal proceeding for which the recording may contain relevant information. The
system will authenticate and guarantee no alteration to its video. PDI will use a web -based portal,
March Networks Cloud, which is a remote viewing solution that delivers hassle -free live or
recorded video access via personal computer or mobile device. The system has virtual servers that
provide redundancy required for uninterrupted service. While the video is encrypted and protected
by authentication, the State Police and IDFPR will have unlimited access and be able to observe
the dispensary from theiroffice or from outside the dispensary with the access code. The State
Police and IDFPR will not need additional servers, maintenance, or installation of software to
access PDI's security system.
Exterior Dispensary Security
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Anti -Loitering Policy
The Company will also establish procedures to deter loitering and unwanted activity around the
exterior of the dispensary. Should an incident arise in one of the public areas surrounding the
facility, such as a suspicious car or a group loitering around the outside of the facility, the security
officer will summon the AIC to the security area. The officer will then inform the AIC that the
facility is on "lockdown" and that no one should be allowed to enter or exit the facility until the
security officer has returned to their designated area. The officer will then leave to address the
incident while the AIC monitors it on the video surveillance feed. Should the need arise, both the
officer and AIC will have panic buttons on their person to immediately notify local law
enforcement.
Restricted Access Areas and Vault Access
Only authorized credential holders who have been granted access to the restricted access area can
enter the area through a locked door. The door will be marked with a sign that reads "DO NOT
ENTER. RESTRICTED ACCESS AREA. ACCESS RESTRICTED TO AUTHORIZED
PERSONNEL ONLY." The restricted access area will be behind the POS counter and through a
security door. Video surveillance, monitored by the security officer, will capture anyone
attempting to enter the restricted access area. Any attempt to enter the restricted access area other
than with an authorized credential will trigger an immediate intrusion alarm. Any failure indication
from any alarm from the restricted access area will trigger an audible alarm, notify the security
company, and alert the AIC and Security Director.
Safe and Vault Protection
The vault/cannabis storage area will contain its own HVAC system that will remove stale air and
recirculate fresh air into the facility. The system will include carbon filters to minimize odor.
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Security Procedures for Cannabis Loss and Destruction
Cannabis Loss
Should inventory not balance out at any given audit, daily check point, or any cannabis or cannabis
product is detected as lost or missing, the AIC and security officer will be notified immediately
and will assume responsibility for the investigation. If the missing items can be traced back to an
error in location or placement, the AIC will close out the investigation.
If the situation is not resolved via normal tracking, the AIC will immediately report inventory
discrepancies to IDFPR via Division -provided inventory adjustment forms. When necessary, the
AIC will notify the State Police and local law enforcement of the discrepancy. The AIC will
conduct a full investigation reviewing surveillance data and conducting employee interviews. The
AIC will ensure the preservation of all surveillance data and computer records from the relevant
time period and present it to IDFPR. The AIC and Security Director will consult with State Police
and/or local law enforcement before the dispensary resumes normal operations and the distribution
of medical cannabis.
Cannabis Recall
PDI will track all medical cannabis sold, through the BioTrack system. Should the need arise for a
product recall, PDI will immediately notify IDFPR and will take action to remove defective or
potentially defective cannabis from the market to promote public health and safety. These
mechanisms include:
• Contacting patients, caregivers, and purchasers who have, or likely have, obtained the
product from the dispensary, including information on the policy for return of the recalled
product;
• Identifying and contacting the adult use cultivation center, craft grower, or infuser that
manufactured the cannabis;
• Communicating with the Department, the Department of Agriculture, and the Department
of Public Health within 24 hours of discovering defective or potentially defective cannabis;
and,
• Destruction of any recalled cannabis product.
Destruction of Cannabis
1. Once product has been found as unusable, broken seal, expired etc. Product must be
moved in BioTrack to quarantine and physically moved to the quarantine container in the
vault.
2. Items shall be scheduled for destruction with the state within seven days of being found.
3. The state police must be notified of destruction before destruction occurs.
4. On day of destruction the items must be scheduled for destruction in BioTrack
5. On day of destruction, there must be two people present for the destruction at all times.
20
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TRADE SECRET — CONFIDENTIAL
6. All products that are to be destroyed must be brought into the room at the same time.
Once all products are in the room, the two individuals handling the destruction must
remain in the room until the destruction is complete.
7. All products that are being destroyed must be entered into the destruction log with the
following information: the product name, the quantity, the product barcode, the reason
why the product is being destroyed, and the weight of the product.
8. In order to get the weight of the product the items must be placed on the scale in the
destruction room. If destroying flower, it needs to be removed from the packaging and
placed on a barrier (ie. a napkin). Place barrier on the scale first and zero out the scale
before adding the flower in order to get correct weight.
9. The date the product was found must be documented in the destruction log.
10. Once all products have been documented and weighed, product is to be placed into the
food processor with soil and vinegar and blended until considered unusable.
11. Vape cartridges may have to be destroyed by placing in a bag and breaking with a
hammer then adding the remains into the soil/vinegar blend.
12. Topical material will be emptied from its container using a plastic disposable knife when
necessary to ensure that the entire product has been removed from the container. The
product will then be blended with the soil/vinegar blend.
13. Transdermal patches are disposed of by the AIC. While wearing gloves, the AIC shall
fold the patch in half with the adhesive side against itself. The patch is then cut with
scissors into the smallest possible pieces. Finally, the remains of the patch are blended
with the soil vinegar blend.
14. All edible products shall be removed from their package by the AIC. The edible shall be
placed into the blender with soil and vinegar and mixed until the product is rendered
unusable.
15. After product has been blended and considered unusable, the blended mixture is to be
thrown into a garbage bag and placed in the dumpster for disposal.
16. Once the destruction is complete, the two employees must initial to verify they conducted
the destruction properly.
17. The product should then be moved to "Destroyed" in BioTrack.
Natural Disaster or Emergency
During a crisis, such as a fire, flood or natural disaster, or other situation of local, state or national
emergency during business hours that includes an immediate threat of loss of life or bodily injury,
the employees will activate panic alarms at the facility and initiate an immediate law enforcement
response to the dispensary. If the crisis is inside the facility, all employees, purchasers, patients,
and caregivers will immediately vacate the facility. The security officer and dispensary agent shall
remain in the nearest possible proximity to the dispensary during the crisis and immediately return
to the facility once the crisis has abated.
Upon return, the dispensary agent and security officer shall immediately assess the damage, if any,
to the facility, conduct a complete inventory of all cannabis and determine the extent of loss if any.
If the dispensary agent determines a loss of cannabis has occurred, the dispensary agent will
immediately notify the Department and local law enforcement. If no cannabis is lost, the
dispensary agent shall work to ensure that normal operations are resumed as soon as practicable
21
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TRADE SECRET — CONFIDENTIAL
or if the facility is destroyed or incapable of effectively securing the cannabis, the dispensary agent
and security officer will immediately notify the Department and local law enforcement and, upon
approval, transport it to the nearest police station or to a place designated by the Department. At
all times, any cannabis recovered shall be accounted for by the dispensary agent. The dispensary
agent will then access the all records and notify patients, caregivers, and purchasers of the closure
and, if possible, of the timeline of restarting operations.
22
Packet Pg. 166
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Welcome Letter .....................................................
3
At -Will Employment...............................................4
Equal Employment Opportunity,
Anti -Discrimination, and Anti -Harassment ............
4
Reasonable Accommodation ..................................
5
Lactation Accommodation ....................................
6
Workplace Violence..................................................6
Weapons..................................................................
6
Workplace Relationships .........................................
6
Employment of Family Members ...........................
7
Audio and Video Recording Prohibited ..................
7
Business Ethics/Conflict of Interest ..........................
8
Safety / Cleanliness ...............................................
8
Security.................................................................
8
VehicleUse...........................................................
9
Drugs and Alcohol ...............................................
10
Consequences for Policy Violations ..............................
11
Testing..................................................................................
12
Confirmation, Confidentiality, and Privacy..................12
Searches......................................................................
13
DAYI0,.IIDX( III' I A..I....I.IIG:iii!:R.
II4.
Employee Classifications............................................1
4
Hours of Work ........................................................
14
Meals and Breaks .................................................
14
Overtime......................................................................
15
Absenteeism/Tardiness...................................................
15
Pay Days / Payroll Deductions ..............................
15
Expense Reimbursement............................................16
Performance Reviews / Compensation Reviews ........
17
Attire / Appearance.......................................................1
7
Hygiene / Cleanliness.................................................1
8
References.......................................................................
18
Smoking/Tobacco Products........................................1
8
Telephones......................................................................
18
Cell Phones/Smartphones...........................................18
Computer, Email, and Internet Use........................20
Social Media .......................................................
20
Use of Employee Images .....................................
22
Maintenance/Use of Company Property.................22
No Responsibility for Personal Property ................22
Personal Visitors...................................................22
Outside Employment ..........................................
22
Personnel Records..................................................22
Protection of Confidential Information ..................23
Confidentiality of Customer Matters......................23
Solicitation, Distribution, and Collection ...............24
Standards of Conduct...........................................24
Disciplinary Action...............................................24
Complaint Procedure..............................................25
Dispute Resolution...............................................25
: IIIC:.III'° V IIG:ialll' IIII"I'S AND IIIL..IIIC:E IIG:i:
Insurance Benefits................................................26
Civil Unions..........................................................27
Discretionary Time Off (Exempt Employees)..........
27
Paid Time Off (Non -Exempt Employees)...............28
Paid Sick Leave......................................................29
Holidays & Flexible Holidays ...................................
29
Family and Medical Leave......................................30
JuryDuty.......................................................34
WitnessLeave........................................................34
Bereavement Leave................................................34
Child Bereavement Leave......................................35
VotingTime............................................................
35
Military Leave.........................................................
35
Family Military Leave.............................................36
Parental Leave........................................................36
Domestic or Sexual Violence Leave ........................
37
School Visitation...................................................38
Worker's Compensation........................................38
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............. ............ . 0 U C 0
JDRC Managed Services, LLC (the "Company") is pleased to provide you with this Employee Handbook (this
"Handbook"). Please use this as a general guidance piece about our current rules and operating procedures and
the benefits currently offered to our employees.
We make changes to this Handbook (and its other policies) from time to time. While we will try to give
you advance notice of changes, doing so may not always be possible. Note, however, that (a) our policy of
employment at will may be revised only by a written contract or agreement signed by the Company's CEO or CFO,
and (b) our Dispute Resolution policy may be revised only by a written contract or agreement signed by the
employee and the Company's CEO or CFO.
If you are currently employed with us on the date this Handbook becomes effective, you may have received an earlier
version. This Handbook supersedes all prior Company handbooks and policy statements that you may have seen or
heard concerning the matters it describes. However, this Handbook doesn't supersede applicable laws, regulations, or
ordinances. Rather, any law, regulation, or ordinance that conflicts with any of our policies will be controlling.
Of course, nothing in this Handbook will be applied in a manner that limits employees' rights to engage in
protected concerted activity as defined by the National Labor Relations Act.
We want to ensure your rights and obligations as employees are clear. As such, we will include the occasional legal
definition or example to illustrate the policy in question.
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Equal Opportunity Employment: JRDC and Cresco Labs is an Equal Opportunity Employer. Please see page 4 for
more details on this.
Business Ethics & Conflicts of Interest: Please remember all employees are ambassadors of the Cresco brand. If
you are uncertain whether an activity, interest, or relationship poses a conflict of interest, it is best to contact one
Human Resources before engaging in the activity, pursuing the interest, or becoming involved in the relationship.
Please see page 8 for more information.
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10
Hello, thanks for being a part of the Cresco Labs family!
We are united in our pursuit to provide consistent, dependable, quality
cannabis products to patients and people across the country. Our work
contributes to far more than the growth of this company - we are authoring the
new cannabis narrative. By joining us at Cresco Labs, you have joined
champions of change.
Breaking down the walls in a highly regulated industry isn't easy. That's why
we strive to provide an environment that supports goal -oriented individuals
to rise to demanding challenges. We want your work day to be a time when
you can think wholistically, act with vision, and turn no's into yes's. The
policies and procedures in this document help us to provide a workplace
where you and the company grow together.
So please - bring your whole self to the table! We value the unique talents,
abilities and intricacies of each employee. We encourage you to find ways
to contribute to Cresco with all of your strengths. Cresco employees are
selected for their dedication to hard work, ingenuity, and sense of ownership.
As a company, we are setting an example for our peers and changing the
minds of skeptics. It's exciting, history -making work, and we're thrilled to
have you as a part of it.
Please take some time to review the policies, procedures, working conditions,
and benefits described in this handbook. Cresco provides an open door
policy in which employees are encouraged to take ideas or concerns
problems to their supervisor, or next level of management. So, if you have
questions on what is outlined in this document, please reach out.
I look forward to a long and rewarding time together.
THANK YOU!
Charlie Bachell
CEO and Founder, Cresco Labs LLC
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This Handbook is not an employment contract. Compliance with the policies in this Handbook does not guarantee °�°
employment with the Company for any duration of time. Rather, you and the Company have an "employment at -
will" relationship. This means your employment may be terminated by you or by the Company at any time, with or �
without advance notice, with or without cause. However, we ask that if you decide to leave your employment, you (n
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provide your manager and Human Resources with at least two weeks' notice. At -will employment status cannot be a)
changed by any representative of the Company except its CEO or CFO, who may do so only in a written, signed to
agreement. B
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We are committed to providing equal employment opportunity for all qualified job candidates and employees
and to maintaining aworkplace free of discrimination and harassment on the basis of race, religion, color, gender
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(including gender identity, change of sex, and transgender status), sexual orientation, age, disability, pregnancy, O
ancestry, national origin, military orveteran status, marital status, genetic information, or any other characteristic N
protected by applicable law (each, a "Protected Characteristic"). =
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Employment discrimination occurs when an employee is materially adversely affected with respect to any term Q
or condition of employment (including hiring, compensation, advancement, discipline, or termination) based on a
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We offer employment, training, compensation, and advancement on the basis of qualification and merit, regardless
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Harassment is any conduct, whether verbal, non-verbal, or physical, that degrades, insults, or offends a person
or group on the basis of a Protected Characteristic when: (1) submission to such conduct is made an explicit or
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implicit term or condition of employment; (2) submission to or rejection of such conduct is used as a basis for
any employment decision; or (3) such conduct has the purpose or effect of interfering with an employee's work
performance or creating an intimidating, offensive, or hostile working environment.
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Sexual harassment in violation of this policy includes, but is not limited to:
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Improper or intrusive questions or comments about an employee's romantic or sexual experiences or
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preferences, or unwelcome or offensive sexual flirtations, propositions, advances, or requests;
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Use, display, or communication of sexually suggestive or offensive words, objects, pictures, calendars,
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cartoons, articles, letters, email or text messages, computer programs, or material from the Internet;
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another's movements in a deliberate manner; and
Offering or providing employment benefits in return for sexual favors or an employee's agreement to provide
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sexual favors, or taking or threatening to take adverse action against an employee because the employee
rejects requests for sexual favors.
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Discriminatory harassment in violation of this policy includes, but is not limited to:
Comments, jokes, or innuendo that disparage, insult, offend, or ridicule based on a Protected Characteristic;
Singling out an individual for abusive conduct based on a Protected Characteristic; and
Using, displaying, or communicating words, objects, pictures, calendars, cartoons, articles, letters, email or text
messages, computer programs, or material from the Internet that disparage, insult, offend, or ridicule based on a
Protected Characteristic.
We take allegations of harassment seriously. If you feel you are
being subject to harassment by anyone (including, but not limited
to, a supervisor, manager, coworker, subordinate, customer, or
vendor), you should immediately do the following:
1. If you feel comfortable doing so, clearly and directly inform
the person harassing you that his or her conduct is unwelcome
and must stop; additionally, tell Human Resources about the
allegations so they are documented.
If you don't feel comfortable confronting the person directly, or
if the harassment does not stop after you do so, promptly report
the harassment to Human Resources and provide
any documentation you may have prepared regarding the
harassment. If, for any reason, you don't feel comfortable
reporting the harassment to Human Resources, you should
report it to the CFO.
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Likewise, if you believe that any other person has been subjected to harassment or that employment decisions (with
respect to you or any other Company employee) are being made for discriminatory reasons, you have the
responsibility to promptly report such conduct to Human Resources or the CFO.
All complaints will be investigated promptly and thoroughly. The investigation will be kept confidential to the
extent possible. All employees are required to corporate with an investigation.
If an investigation confirms that a violation of this policy has occurred, the Company will take prompt corrective
action reasonably designed to end the violation and to prevent further violations. Such corrective action may include
disciplinary action against anyone found to have violated this policy.
We will not tolerate retaliation against any employee who makes a good -faith report of discrimination or
harassment or participates in an investigation, even if, after an investigation, it appears that there has been no
violation of this policy. Any employee who is aware of any conduct that may violate this policy should promptly
report the conduct to Human Resources or the CFO.
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We are committed to providing reasonable accommodation to enable qualified employees with disabilities, as well
as medical conditions or other common conditions related to pregnancy or childbirth, to perform the essential
functions of their jobs. We are also committed to providing reasonable accommodation of an employee's sincere
religious observances and beliefs that conflict with job requirements.
If you believe you need accommodation based on disability, medical condition or other common condition related
to pregnancy or childbirth, or religion, you are responsible for notifying Human Resources. In the case of disability
or pregnancy -related or childbirth -related condition, you may be required to provide medical documentation
establishing the existence of a disability or condition, anyjob-related restrictions, and the estimated length of time
for which accommodation is needed. We will keep all medical information confidential to the extent possible.
Any employee who believes he or she has been denied reasonable accommodation should promptly notify Human
Resources or the CFO.
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IIII; IIY V IIIIY I: IIII', V IIII IIII C II IIII
IL..AC III"' ""'III""'III 0III" M AC;C OIM 10 I:M'"'III"'III AIM
Each employee is entitled to a reasonable amount of break time to express breast milk for the employee's infant
child, and the Company will provide an appropriate and private location for the employee to do so. Please contact
Human Resources for additional information regarding lactation accommodation.
WUIMUNL..AC;,IIE VII: IIL..III::N"IIE
Your safety and security are important to us. We will not tolerate any workplace violence or threats of violence
by or against our employees. As used in this policy, "workplace violence" includes conduct occurring on Company
premises or during working time that is directed against or by any of our employees, customers, or vendors,
whether committed by an employee or outsider, that involves physical acts of violence, oral or written threats of
violence, or gestures or acts that are threatening or intended to convey actual or potential injury. It also includes
acts and threats that are later claimed to have been made in jest.
Each of us must take any act or threat of workplace violence seriously. So that we can prevent or respond to any
act or threat of workplace violence, any employee who is subject to, witnesses, or learns about any such act or
threat or who fears or suspects that such an act may occur is required to report the act, threat, fear, or suspicion
to Human Resources as soon as the act or threat occurs or as soon as the employee fears or suspects that such
an act may occur. Naturally, if you are in fear of imminent harm, call 911 immediately.
When appropriate, we will refer acts or threats of workplace violence to the police or other authorities for possible
criminal prosecution.
IIG:I: II O IINIII
The Company forbids the possession of lethal weapons (such as guns, knives, and explosives) in any Company
office or facility.
W IR lFP I1,A (' 'IIE IIIR IIIIIII' IIL..A""'ll�" III C III'q ��� IIVIII III IlFP
Consensual romantic relationships between individuals at the Company are discouraged, because concerns may later
arise regarding the actual freedom of choice of the individuals involved, conflicts of interest, or favoritism,
particularly when relationships involve a superior and a subordinate.
The Company has discretion to implement staffing changes in order to avoid any real or perceived conflict of
interest, positive or negative bias, disruption of the work environment, or decline in performance or productivity. The
reason for any such change will be kept as discrete as possible in the discretion and judgment of the Company, and
will not be considered punitive. In the event that a lateral move is not possible and a conflict of interest, positive or
negative bias, disruption of the work environment, or a decline in performance or productivity exists, the Company
reserves the right to ask one of the employees to resign. The determination of whether conduct constitutes or
causes a "disruption of the work environment" is in the sole discretion and judgment of Company management.
Such conduct may include, but is not limited to, displays of affection or emotional outbursts.
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IIII; IIY V IIIIY I: IIII', V IIII IIII C II IIII
'CIIIIIIPIIL..0 YIIlBlM""'Ili' C III' 'AIIIIIIIIllLY IIIIII::III IlifIIII....:III'.f
The employment of members of the same family can cause various problems, including allegations of favoritism,
conflicts of interest, family discord, and scheduling conflicts that work to the disadvantage of the Company and its
employees.
This policy does not prohibit members of the same family from being employed by the Company, and an
employee's family members will be considered for employment on the basis of their qualifications. However, an
employee's family members may not be considered for employment if such employment will:
Have a direct reporting relationship;
Have the potential to create an adverse impact on work performance; or
Create an actual or perceived conflict of interest.
Consistent with this policy, employees must avoid supervisory relationships that may be or appear to be inappropriately
compromised. In this regard, an employee may not supervise or report to a family member without prior approval from
Human Resources or be transferred or promoted into a position that creates any of the three circumstances set forth
above. In addition, employees may not use their influence in job assignment, performance evaluations, promotions,
compensation decisions, and hiring practices to favor their family members.
In certain circumstances, however, the Company, in its sole discretion, may waive the restrictions of this policy.
For purposes of this policy, "family member" includes a parent, spouse, civil union partner, domestic partner,
child, sibling, grandparent, grandchild, aunt, uncle, cousin, niece, nephew, father-in-law, mother-in-law, brother- in
law, sister-in-law, step -sibling or step -child, or any other person with whom the employee has a close personal
relationship, such as a roommate.
A current employee who is or becomes a family member of another employee may continue employment as long
as such employment does not involve any of the three circumstances set forth above.
To the extent you are aware of an existing employment relationship that violates this policy, please inform Human
Resources immediately. The knowing failure to report such a relationship is a violation of this policy.
AUDIO A114D VIHIYEO IIII'.IIG:I: f.-(:YI'f llD III III'q G IIR II f Ili 111 111 11&I ""'llRIG:I:IID
As you know, employees, customers, vendors, and others who conduct business with the Company may discuss
Confidential Information (as defined in the Confidential Information policy) while doing business with the Company
Such Confidential Information may have economic value to our competitors, our customers, or our vendors. The
Company believes that recording conversations without the consent of all parties will inhibit the free -flow of
information and conversation vital to our business.
The Company therefore prohibits any employee, customer, vendor, and anyone else who conducts business with
the Company from using any audio or video recording device of any kind to record a conversation, whether in the
workplace or in any environment in which work -related issues are discussed, without the express consent of all
parties to the conversation. If you violate this policy and that violation causes economic or irreparable harm to the
Company, then it may seek appropriate legal remedies.
An exception to the rule concerning audio or video recordings would be activity protected by the National Labor
Relations Act including, for example, making video recordings regarding concerns about health, safety, and/or
other working conditions or other protected concerted activities.
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C'USIIIIMIE IIC::""'III f: lI IIIIINII""'llf"'llC:::lll' IIC::SlI'
Please remember that, as an employee, you are an ambassador of our brand in the world. As such, we hold
integrity close as an important employee and company value. All employees must be able to carry out their
job duties without impairment or the appearance of impairment by virtue of some other activity, interest, or
relationship.
Each of us must avoid relationships with other employees that may conflict with effectively carrying out our job duties,
affect our independence or judgment, or otherwise give rise to a conflict of interest or the appearance of one.
Avoid entering into any associations with any other person or business that might give the appearance of conflict
with your job duties or that might tend to affect your independence or judgment with respect to transactions
between the Company and any other person or business.
If you are uncertain whether an activity, interest, or relationship poses a conflict of interest, it is best to contact one
Human Resources before engaging in the activity, pursuing the interest, or becoming involved in the relationship.
While employed with the Company, you may not work for any competitor of the Company.
Please report any actual or potential conflict of interest situation to Human Resources for resolution.
SA, IIG Il[ii 1I Y / GII...IIICiii l `dll lll...III IIIl4 Iliiiil:
Your safety is important to us, and we aspire to provide and maintain a safe and healthy work environment. You
are expected to exercise safe working practices at all times
Posters addressing your obligations and rights under the Occupational Safety and Health Act are posted in the
breakroom. In addition, please comply with the following guidelines at all times:
Comply with all applicable codes and laws.
Promptly report to Human Resources or the Direct of Compliance any unsafe condition and anything that
needs repair or is a perceived safety hazard.
Promptly report any accident, illness, or injury to Human Resources. Do not attempt to treat illness or
injury yourself.
Read and obey all safety warnings, bulletins, and signs.
Fire doors must be kept clear and unlocked during working hours. Learn the location of all fire exits, alarm
boxes, and fire extinguishers.
Promptly clean up all spills.
Use flammable liquids and materials, such as cleaning fluids, with extreme caution.
Walk - don't run.
Promptly report to Human Resources if you or a co-worker becomes ill or injured.
Don't lift objects that are too heavy for you.
Refrain from "horseplay" or practical jokes that affect safety.
Maintain a clean, orderly work area.
S IIC '.0 UIR II ""'lIF
All individuals who enter the Company's premises must check in at the front desk. Except for cardholders,
potential cardholders, and vendors who already are transacting business with C the Company, all individuals must
be escorted by a Company employee while on premises. All vendors who enter our premises must already be on
the approved vendor list, sign in and out, and wear a vendor badge at all times while on premises.
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IIII; IIY V IIIIY I: IIII', V IIII IIII C II IIII
VBI-110IJE, USE
Your use of any vehicle in connection with performance of your job responsibilities is subject to the following
requirements and limitations:
Maintain a valid driver's license. You may not drive to or from any Company location (or between locations),
drive during working time, or drive any vehicle in connection with performance of your job responsibilities,
unless you have a valid driver's license. Driving on a suspended or revoked license is prohibited, regardless of
the reason for the suspension or revocation.
Remain knowledgeable of and comply with all federal, state, and local motor vehicle laws and regulations.
Obey all posted street signs and signals.
Do not engage in any activity that distracts you from driving or takes your eyes or attention off the road.
For example, do not operate cell phones or other handheld devices (including talking, dialing, or sending or
receiving text messages or emails) while your vehicle is in motion.
Practice effective defensive driving techniques. Exercise special precautions when pedestrians are in the
roadway, driving during inclement weather, or navigating around special equipment, busses, etc., and be sure
to stop for school busses when children are boarding or disembarking.
The driver and all passengers must wear seatbelts while the vehicle is in motion.
No illegal drugs or open alcoholic beverages are allowed in vehicles.
Do not operate a vehicle after having consumed alcohol and/or drugs, including prescription and non-
prescription drugs that may impair your driving ability.
Promptly report to Human Resources all moving citations received during working time. (However, please note
that the Company will not be responsible for payment of any citation.)
In the event of an accident:
Do not move the vehicle unless it is obstructing a roadway or access route.
If anyone is injured, immediately call 911 and then contact Human Resources.
Obtain from all other drivers involved their name, address, phone number, license plate, and insurance
information (and, if possible, take a photo of their driver's license and insurance card).
» Obtain from all witnesses their name, address, and phone number.
Take photos of the scene, including the position of all vehicles involved, all damage to all vehicles involved,
and any other relevant information.
Promptly provide to Human Resources a copy of any police report completed for an accident involving a
Company employee, regardless of whether there appears to be property damage or bodily injury. Note,
however, that any traffic citation issued to any employee (whether or not related to an accident) will be the
sole responsibility of the employee who received the citation and will not be reimbursed by the Company
If you use your own vehicle in connection with your performance of your job responsibilities, you must have
liability insurance with at least the minimum coverage required by applicable state law, must always carry your
insurance card in your vehicle, and must provide proof of insurance upon the Company's request.
Any violation of the above restrictions may result in a loss of driving privileges and or disciplinary action up to and
including termination of employment.
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IIII; IIY V IIIIY I: IIII', V IIII IIII C II IIII
II:) IIPfJIIU C i S A IINI III) A IIL. CO h 10 IIL.....
We value our employees, customers, and others who conduct business
with us. While we recognize that we are in the medical cannabis
business, we also recognize the need for a safe, productive, and healthy
work environment. Therefore, we have adopted this policy to address
permissible and impermissible conduct.
L)c! firdtio as
"Drug" means a controlled substance, as defined in Schedules I - V of
Section 202 of the Controlled Substances Act, 21 U.S.C. § 812, including,
but not limited to, cocaine, marijuana, heroin, morphine, amphetamines,
barbiturates, phencyclidine (PCP), or hallucinogens (or metabolites of
any such drugs). The term "illegal drug" does not include a drug that
is legal under federal, state, and local law and is obtained and taken
under supervision by and in accordance with prescriptions or other
instructions issued by a licensed health care professional, nor does
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it include medical cannabis used by a cardholder (subject to all other terms and conditions of this Handbook),
provided that use of any such drug does not impair your ability to perform yourjob duties or otherwise jeopardize
your safety or the safety of our employees, customers, or others who do business with the Company.
"Under the influence of drugs" means behavior, appearance, speech, or other indications that lead any member of
the management team to reasonably suspect that the individual is impaired by illegal drugs or is using illegal drugs.
"Impaired by alcohol" means behavior, appearance, speech, or other indications that lead a manager to reasonably
to suspect that the individual is impaired by alcohol.
"During working time" means time during which the individual is being paid to work for or represent the Company
or the employee is in fact representing the Company's interests, whether on or off Company premises. The term
also includes all paid break and meal periods.
The following conduct violates this policy and is prohibited:
Manufacturing, distributing or attempting to distribute, dispensing, possessing, selling, transporting,
consuming, using, or being under the influence of illegal drugs during working time or while on Company
premises (note that this prohibition does not include dispensing, possessing, or selling medical cannabis if
required by your position);
Consuming or being under the influence of alcohol or medical cannabis during working time or while on
Company premises;
Coming to work under the influence of drugs or alcohol;
Medicating in any Company facility;
Bringing or storing illegal drugs and/or drug paraphernalia on Company premises or any location off Company
premises during working time (note that this prohibition does not include the storage of medical cannabis on
Company premises if required by your position);
Abuse of over-the-counter or prescription drugs, including, but not limited to, exceeding the recommended
prescribed dosage or using drugs prescribed for another individual. All employees who take over-the-counter
or prescribed medications are responsible for being aware of any effect(s) the medications may have on the
performance of their duties and must promptly inform Human Resources if any medications may impair their
ability to perform their job duties;
Failing to consent to, participate in, or abide by the terms and recommendations of any rehabilitative program
to which the Company makes a referral, including, but not limited to, failing to follow recommendations
regarding behavior modification and abstinence.
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9.A.c
G IIII; IIY V IIIIY I: IIII', V IIII IIII C II IIII
We acknowledge that certain employees are permitted to consume alcohol in moderation in connection with
Company marketing/business development activities and/or during social events. However, employees must keep
in mind that their behavior at all such times (and at all events they attend as representatives of the Company) is
a reflection on themselves as well as the Company, and employees who choose to drink alcoholic beverages must
drink responsibly so that they are not under the influence of alcohol. In other words, employees must monitor
their consumption so that they do not become impaired by alcohol.
,",'powci al Gla+aralla;aalion 1?n('laar(ling fyorficmaa G an n al)ls
For clarity, the Illinois Compassionate Use of Medical Cannabis Pilot Program Act (the "Act") does not permit
any of the following conduct. Therefore, no employee may engage in any such conduct during the employee's
working time or at any time that the employee is on Company premises or is performing job duties for or on
behalf of the Company:
Undertaking any task under the influence of cannabis when doing so would constitute negligence, professional
malpractice, or professional misconduct;
Possessing medical cannabis in a vehicle not open to the public unless it is in a reasonably secured, sealed,
tamper -evident container and reasonably inaccessible while the vehicle is moving;
Using cannabis in any motor vehicle;
Using cannabis in any public place (i.e. any place where an individual could reasonably be expected to be
observed by others);
Possessing cannabis while knowingly in close physical proximity to anyone under the age of 18 years of age;
Smoking medical cannabis in any public place where the employee could reasonably be expected to be
observed by others, in a health care facility, or any other place where smoking is prohibited under the Smoke
Free Illinois Act;
Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while
using or under the influence of cannabis;
Using or possessing cannabis if the employee does not have a debilitating medical condition and is not a
registered qualifying customer or caregiver;
Possessing cannabis if the employee is a caregiver;
Allowing any person who is not allowed to use cannabis under the Act to use cannabis that a cardholder is
allowed to possess under the Act; or
Transferring cannabis to any person contrary to the provisions of the Act
Be aware that certain violations of this policy by an employee require the Company to notify the Illinois Department
of Financial and Professional Regulation, which may result in revocation of the employee's customer ID card.
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who violate this policy are subject to discipline, up to and including immediate termination of employment. Disciplinary
action will depend on the circumstances, and the Company reserves the right to determine, in its sole and absolute
discretion, the discipline imposed, subject to any limitations imposed by applicable law.
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IIII; IIY V IIIIY I: IIII', V IIII IIII C II IIII II
ost.ing
The Company reserves the right, subject to any limitations imposed by applicable law, to carry out reasonable
searches of employees and all property brought or located on Company premises or in vehicles and equipment
owned or leased by the Company and to examine and test for the presence of drugs and/or alcohol. Employees
may be asked to submit to blood, hair, follicle, oral fluid, breath, or urine tests or to other diagnostic tests, at the
Company's expense, to detect drugs and/or alcohol. Testing may include the following:
Post -Accident Testing: Employees involved in an on-the-job accident or injury may be asked to submit
to drug and/or alcohol tests. An injured employee who refuses to submit to testing may be precluded
from workers' compensation medical and indemnity benefits, as determined by the Company's workers'
compensation insurance carrier in accordance with its policy and applicable law.
Reasonable Suspicion Testing_ Employees may be asked to submit to drug and/or alcohol tests if reasonable
suspicion exists to indicate that such employees are in violation of this policy. Facts and circumstances giving rise
to reasonable suspicion may include, but are not limited to, the following: direct observation of drug or alcohol
use or of the physical symptoms or manifestations of being under the influence of drugs or alcohol; abnormal
conduct or erratic behavior during working time; a significant deterioration in work performance;
a report of drug or alcohol use provided by a reliable and credible source; evidence that an individual has
tampered with a drug or alcohol test during employment with the Company; information that an employee
has caused, contributed, or been involved in an accident during working time, or evidence that an employee
has used, possessed, sold, solicited, or transferred drugs or used alcohol during working time or while on the
Company's premises or while operating Company equipment or a vehicle in connection with the employee's
job duties for the Company. However, nothing in this policy requires the Company to administer testing when
the Company has independent evidence that an employee has violated this policy.
G onfirrna'yyon C nfidony'yaffl'yi, and y'Ifyerac y
If an initial screening test indicates a positive finding, a confirmation test will be conducted. All drug and alcohol
test results will be reported to and reviewed by a medical review officer engaged by the Company. All results will
be considered confidential. Results will be disclosed within the Company on a need -to -know basis and as allowed
by law and will be retained in a secure location with controlled access. Information about an employee's medical
history and condition obtained in connection with a drug and/or alcohol test will be kept in a confidential file
separate from the employee's personnel file.
The Company will attempt to ensure that all aspects of the testing process, including specimen or sample
collection, are as private and confidential as reasonably practical. Employees will not be observed while providing
a urine specimen unless there is reason to believe that the employee or applicant has tampered with, adulterated,
switched, or attempted to tamper with, adulterate, or switch a specimen.
An employee who receives a positive confirmed test result may request and receive from the Company a copy of
the test report and may request and receive the opportunity, in a confidential setting, to explain a positive test
result or contest the accuracy of such result.
:'rnploy oc, As sislanco
We encourage any employee with a drug or alcohol problem to contact Human Resources. The Company will,
at the employee's request, refer the employee to professional assistance at the employee's expense. All such
communications will be kept confidential and will be disclosed within the Company only on a need -to -know
basis. Employees won't be subject to discipline under this policy for voluntarily acknowledging a drug or alcohol
problem prior to detection. However, this won't thereafter excuse any violation of this policy, and employees may
not escape discipline by first requesting treatment and/or leave after violating this policy. Acknowledgment of a
drug or alcohol problem prior to detection won't guarantee continued employment.
Non Discritnination
The Company does not discriminate against any applicant or employee who is qualified for employment with us
and has successfully completed or is participating in a supervised drug rehabilitation program and is no longer
engaging in the use of illegal drugs, has otherwise been rehabilitated successfully and is no longer engaging in
such use, or is mistakenly regarded as engaging in such use, but is not engaging in such use.
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IIII; IIY V IIIIY I: IIII', V IIII IIII C II IIII
SIEARC I- IE
Please be aware that the Company has the right (subject to any limitations imposed by applicable law), to carry
out reasonable searches of employees and all property brought or located on Company premises to monitor
compliance with rules and policies concerning health and safety of employees, security of the Company and our
customers, and possession of prohibited items such as illegal drugs, weapons, and items of an obscene, harassing,
demeaning, or violent nature. We have included this policy so that, in the unlikely event a search is requested or
conducted, you are aware that we have the right to do so.
Please keep in mind that there is no expectation of privacy in our workplace. In general, employees should expect
that what they do at work is not private. No employee may use their own lock or otherwise restrict or impede
access to cabinets, drawers, or other storage areas located on Company premises.
Searches may be conducted with or without an employee being present. As a general rule, with the exception of
items relating to personal hygiene or health, no employee should ever bring anything to work or store anything at
work that the employee would not be prepared to show and possibly turn over to Human Resources and/or law
enforcement authorities.
No employee will ever be physically forced to submit to a search. However, an employee who refuses to
immediately submit to a search upon request from Human Resources may be subject to disciplinary action.
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::III IIF IIL..MIIF::IE CL..A IIIIII' III(''A""'Ilr"III1" INS
At the time of hire, each employee is classified as "full-time" or "part-time," and also categorized as either "non-
exempt" or "exempt."
"Non-exempt" employees (including all hourly employees) are entitled to receive overtime pay under applicable
provisions of federal and state wage and hour laws.
"Exempt" employees are excluded from the overtime provisions of federal and state wage and hour laws, as their
regular wages provide compensation for all hours the work in a week, however few or many.
If you are unsure how you have been classified, please consult with Human Resources.
"Full-time" employees are employees who regularly work at least 40 hours each week and are not employed in a
temporary status. Full-time employees generally are eligible for the Company's full benefit package, subject to the
specific terms and conditions of each benefit program or plan.
"Part-time" employees are employees who regularly work less than 30 hours per week.
"Temporary employees"work on a short-term or irregular basis, regardless of the number of hours worked in a
week. Unless otherwise specifically stated in the applicable benefit policy or plan, temporary employees are not
eligible for benefits.
The Company's regular business hours are determined to best meet the Company's particular business needs.
Normally, the Company's office hours are 9:00 a.m. to 5:00 p.m., and its facilities' hours are 8:00 a.m. to 4:30 p.m
Employees should work only their scheduled hours unless otherwise instructed by their manager.
All non-exempt employees are required to record their time by clocking in and out of the Company's timekeeping
system (presently ADP). All employees must clock in at the beginning of their shift, clock in and out for meal and
rest breaks, and clock out at the end of their shifts. Do not clock in before your scheduled start time, never start
working before you clock in, and never continue working after you have clocked out.
Wliiiii:AIIL..S Xl',15) IIi3IIFnJIiiii:A111
Every employee who is to work for 7 1 /2 continuous hours
or longer is entitled to take at least a 30-minute meal break
beginning no later than five hours after the start of the work
period (or as otherwise required by applicable law). When no
work is performed by non-exempt employees during the meal
break, it is unpaid, and their meal break must be recorded as
non -working time in the timekeeping system. If non-exempt
employees perform work during their meal break, they should
record all time spent working so that they are properly paid for
their time.
Employees also are entitled to two paid 1 5-minute breaks.
Employees must schedule their breaks with their managers.
Employees are not allowed to schedule either or both of their 1 5-
minute breaks at the beginning or end of their shift or lunch
period, and employees may not use their breaks to arrive at work
late or leave work early.
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For purposes of calculating overtime and hours worked per week, our work week consists of a 7-day period
beginning at 1 2:00 a.m. on Sunday morning and ending at 11 :59 Saturday evening.
Non-exempt employees will be notified of the hours they are scheduled to work and are permitted to work only
those hours they are scheduled to work, unless pre -approved by their manager. Non-exempt employees must not
work more than 40 hours per work week, unless prior approval has been provided by their manager. Non-exempt
employees are not expected to engage in any work -related communication (such as email, text,) or listen or
respond to work -related voicemails outside of their scheduled work hours.
Please note that because overtime pay is calculated based on hours worked, time off (such as a non -working
holiday) is not counted toward the calculation of whether a non-exempt employee has worked more than 40 hours
in a week.
15
Overtime compensation will be paid to non-exempt employees at a rate of time and one-half for all hours worked
in excess of 40 per week (or as otherwise required by applicable law). If you have a question as to whether you
are eligible for overtime compensation, please contact Human Resources.
AIIIII((';(IIGI:IINU""'ll("IIGI:IIG::IIISII ""'ll('Alll'UI(111I III`4II(S f
Attendance and promptness are very important when you are scheduled to work. In those cases where you know
in advance that you will arrive at work late, leave early, or must miss work altogether, you must find someone to
cover your shift. If you are unable to do so, and in those cases where your late arrival, early departure, or absence
from work is unexpected (for example, due to illness or other unexpected circumstance), you must call your
manager at the earliest possible time in advance of your absence, but in no event later than your scheduled start
time on the day of your absence (unless advance notice is impossible as a result of severe illness or emergency).
Excessive absenteeism or tardiness and/or dishonesty regarding absence from work, as well as excessive requests
to arrive late, leave early, or for time off (other than time off to which you are entitled pursuant to this Handbook
or applicable law), may subject you to discipline up to and including termination of employment.
If you fail to report for work and fail to communicate with a manager for three or more consecutive work days
(other than in emergency situations or other unusual circumstances where such contact is impossible), you will be
considered to have voluntarily abandoned your position.
II AY IIDAYS / IIPAYIIP?,GII...III... II(1111':IIDUlf:;""'II("IIIC11NN
For exempt employees, pay days are the 1 Sth and last day of each month. For non-exempt employees, pay days
are every other Friday. Your pay will be deposited into your account on pay day if you have elected direct deposit
(or available for pickup at the Company if you have not elected direct deposit).
If pay day falls on a holiday, paychecks may be deposited or distributed the prior day. If you do not have direct
deposit and are absent on a pay day, you may pick up your check when you return to work.
Applicable law requires that we make certain deductions from your paycheck for such items as income taxes,
Social Security, and Medicare. Your wages and the number of exemptions you claim on your W-4 forms determine
the amount of income taxes deducted.
The Company also will make deductions from your paycheck for other amounts authorized by you, as well as
deductions required by wage assignment, garnishment, court order or levy. We do not make illegal deductions. If
you believe that a deduction has been made from your paycheck in violation of this policy or applicable federal or
state law, please contact Human Resources.
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' C III II(:: II A II(:: II ,.II(::III III IIE((. III' . ' II(::III III' C I( ""'lIF
The Company will reimburse you for legitimate business expenses incurred in connection with your performance
of yourjob responsibilities, subject to the terms and conditions of this policy.
For an expense to be eligible for reimbursement, you must submit to your manager a completed expense
reimbursement form as soon as possible, but no later than 30 days following the date on which the expense was
incurred. Each expense must be submitted with an itemized original or digital receipt evidencing the expense. All
approved expense reports, along with such receipts, must then be submitted to the accounting department for
payment.
If your employment terminates for any reason (voluntarily or involuntarily), expenses must be submitted within
seven days following your separation date in order to be eligible for reimbursement.
The Company expects that employees will exercise their best judgment in booking travel. The following are some
guidelines that will assist you:
/ttam .t.maa.a:aI)ori atioi-i°
Book airfare as far in advance as possible to take advantage of discounted rates.
Employees are expected to book "coach" or economy class. If there are extenuating circumstances, such as a
longer than usual flight, please discuss them in advance with your manager. First class and business class airfare
(including upgrades) will not be reimbursed unless approved in advance by your manager.
Generally, the Company will reimburse employees for the cost of one checked bag if that cost is not already
included in the price of the ticket. Employees will be reimbursed for the cost of two or more checked bags only
upon pre -approval of their manager, or in extenuating circumstances.
Employees will be responsible for any expenses incurred as a result of transportation changes of the
employee's fault (for example, missing a flight because you were running late).
The Company understands that employees may be loyal to a particular airline, hotel chain, or rental car
operator for a number of reasons, such as participation in a loyalty or rewards programs, and while employees
are not required to book the least expensive flight option if that means deviating from an employee's preferred
airline, employees are still expected to exercise reasonable judgment on price when selecting flight options.
The Company appreciates the inconvenience of traveling for business. Therefore, if an employee books airline
travel with their preferred airline and receives miles for that travel, the miles are retained by the employee. If an
employee charges expenses to their personal credit card for which the employee receives rewards of any kind,
the rewards are retained by the employee.
(3ro a,adt .T,.aaaaportvalion:
Fuel: Fuel purchases are reimbursable only for a rental vehicle, not your personal vehicle (even if use of your
personal vehicle is used for Company -related travel). Instead, mileage reimbursement (discussed below) is
intended to cover fuel expenses for Company -related travel in your personal vehicle.
Vehicle Rental: Although the Company understands that employees may have preferred rental agencies, employees
are expected to book rental vehicles through Hertz whenever possible. Employees also are expected to select the
size of car appropriate for the situation (e.g., taking into account the number of passengers, baggage, and safety
concerns due to inclement weather), and reimbursement for vehicles larger than a mid -size car will be at the
discretion of the employee's manager.
Mileage: Mileage for Company -related travel in your personal vehicle will be reimbursed at the rate established by
the IRS. To be eligible for reimbursement, you must record on your expense report the total miles driven. Mileage is
calculated based on yourtotal round-trip miles. Regular home -to -office and office -to -home mileage is not reimbursable.
Tolls: Tolls incurred while traveling on Company -related business (except traveling to and from work) are eligible
for reimbursement, provided that employees provide receipts documenting the travel and an explanation of the
need for travel.
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Only lodging for out-of-town travel is eligible for reimbursement. You are expected to exercise reasonable
judgment in booking lodging.
Whenever possible, lodging should be booked as early as possible to take advantage of discounted rates.
Reasonable room service charges are eligible for reimbursement.
In -room charges, such as phone charges, movies, mini -bar purchases, etc., are not eligible for reimbursement.
While traveling out of town for Company -related business, reasonable food and beverage purchases are
eligible for reimbursement provided that a detailed receipt is submitted for each purchase.
The cost of wi-fi for business purposes on airplanes and in hotels is eligible for reimbursement.
lll'i:Ilf .III � III III II MC.Ilf:ii: IIW lllllflii s / f wOII"dllll,,llf ]h6A III III IIM IWIGil: 111 lll: f
We understand that receiving feedback regarding your performance is important to you. Throughout your
employment with the Company, it's our intention to keep you apprised of your performance. The Company
conducts annual performance reviews. Two-way communication is encouraged as we mutually review performance
and establish new goals and objectives for the following year. In addition to their annual reviews, employees will
have monthly check -ins with their managers.
Your compensation will be reviewed in connection with your performance review. The Company prides itself
on compensating its employees fairly based on their individual performance and the Company's performance.
However, raises are not guaranteed; rather, all compensation changes are in the discretion of the Company's
management team.
A IIC III III IIIf llEki / A I'PIII*IIlki:f llif A lNIIIC Ilir:
The Company has a business casual dress policy Monday through Friday for all office employees. While jeans
are allowed, employees are expected to use common sense at all times in selecting attire for a work day. Basic
standards of appropriate dress include the need for clothing to be neat and clean and preclude extremes in attire,
accessories, or hairstyle. Employees also are expected to observe basic standards of personal hygiene.
Employees at certain locations and in certain positions may be required to wear a uniform. Specifically, in all
of the Company's facilities except its corporate office, all employees must wear Company -issued uniforms and
appropriate footwear as designated by the Company. (Currently, the Company recommends employees purchase
Crocs, or shoe brands that offer aeration comparable to Crocs.)
Note that your attire should suit the type of work required. For example, if you are going to be lifting or moving
product, then dress in a manner that will allow you to do so comfortably (without violating this policy).
If a manager or Human Resources determines that you have violated this policy, you may be required to leave
work to remedy the violation. For non-exempt employees, any such time away from work will be unpaid.
When in doubt whether a particular style or type of dress is appropriate, ask your manager or Human Resources.
Please note that this dress code is not intended to supersede or prohibit any religious or ethnic practices or supersede
our policy regarding reasonable accommodation. If you have any questions or concerns in this regard, please contact
Human Resources.
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Hygiene is very important in our business. Therefore, all employees must wash their hands and exposed portions
of their arms with warm water and soap:
When starting a shift or upon returning to work after a break
After using the restroom
After eating
Before handling medical cannabis, including working with food, equipment, and utensils
During handling of medical cannabis, as often as necessary to maintain clean hands and prevent contamination
when changing tasks
After handling soiled equipment or utensils
After touching bare human body parts other than the employee's clean hands and exposed portions of arms
'lt.II(EIIF°IIER.IIEIN CII(ES
All requests for information about current or former employees, including any requests for references, must be
directed to Human Resources. You may not give any information to any third party regarding a coworker, whether
that information is favorable or unfavorable. Similarly, please don't ask any other employee to provide you with a
reference, as this is against Company policy and puts the employee in an awkward position. As a general rule, the
Company will respond to any request for information regarding a former employee by confirming only his or her
dates of employment and position(s) held.
SIII' l:fllk.IIIIIING/ Ilf (Xl3 :;f": 0 IIIIII UIIJUC Ilf S
The Company operates no -smoking facilities. Smoking (including use of electronic cigarettes and vapes), as well as
use of smokeless tobacco products, is prohibited at all times in all areas, including restrooms. If you choose to smoke,
you must do so outside the building and at least 15 feet away from building entrances, exits, windows that open, and
ventilation intakes.
Leaving cigarette butts, cigar butts, or tobacco on the ground, in bushes, etc. is littering. If littering occurs,
smoking privileges will be suspended. It is the smoker's responsibility to dispose of his or her cigarette and cigar
butts in an appropriate manner.
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The Company's telephone system is intended to be used primarily for business purposes. Personal use of
Company telephones, as well as personal cell phones (whether texting, talking, or for other use) must be kept to a
minimum and must not interfere with your job responsibilities.
Company telephones are the property of the Company. All messages created, sent, or received on Company
telephones are also property of the Company and should not be considered private. The Company has the right
(but not the obligation) to monitor its telephone and voice mail system, including reviewing voice mail messages
sent and received by employees.
GULL.. II( IIIIII 1:: IYS Ill?: S/ S III° ""'ll(" II( IIIIII IS Ill?:S
The company has moved to a "Bring Your Own Device" plan. Exempt employees are expected to use their cell
phone for business proposes regularly, therefore JDRC will reimburse employees based on the below tiers:
Officers & Remote Sales Associates: $100.00 a month
Vice Presidents and Directors: $50 a month
Managers and Professionals: $25 a month
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Company employees who interface their personal cell phone or
smartphone with the Company's communications systems such
that emails to and from an employee's Company
email address are accessible on the employee's device
are expected to follow the following terms and conditions
relating to their use of their devices:
The employee is responsible for working with the
Company's IT vendor to interface their Company email
with their device. Please contact Human Resources for
information on contacting the Company's IT vendor.
The device used by the employee will be purchased
by the employee and will, at all times, remain the sole
property of the employee.
All Confidential Information downloaded onto or
maintained on an employee's device will, at all times,
remain the Company's property.
Maintenance of an employee's device, including, but not
limited to, repair or replacement, is the sole responsibility
of the employee who owns the device. In the event that
an employee's device is damaged, lost, or stolen, the
employee is responsible for repairing or replacing the
device. Further, in the event an employee's device is lost
or stolen, the employee must promptly email Human
Resources so that security measures may be taken with
respect to Company email communications.
Cell and data service for the device (including obtaining
such service, the cost of such service, and all service
interruptions) is the sole responsibility of the employee
who owns the device.
Non-exempt employees must generally refrain from
responding to business calls, emails, or texts outside of
their regular working hours, and they are not expected
to spend more than a minimal amount of time checking
emails and voicemails outside of these hours without prior
approval of their manager.
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As a representative of the Company, each employee who uses a cell phone to conduct Company business is
reminded that the regular business etiquette employed when speaking from office phones or in meetings applies
equally to conversations conducted over a cell phone.
Employees who have access to a cell phone while in their cars should remember that their primary responsibility
is driving safely and obeying the rules of the road. Do not engage in any activity that distracts you from driving
or takes your eyes or attention off the road. For example, do not operate cell phones or other handheld devices
(including talking, dialing, or sending or receiving text messages or emails) unless your vehicle is parked.
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The Company's computer and telecommunications systems are the property of the Company and are intended
primarily for business purposes. Our systems may be used for limited personal reasons as long as such use does
not interfere with your work and otherwise complies with all policies in this Handbook. Please also note the
following requirements, which apply whether use is business -related or personal:
Sending, receiving, displaying, printing, or otherwise disseminating material that is fraudulent, harassing, illegal,
embarrassing, sexually explicit, obscene, intimidating, or defamatory is prohibited. Employees encountering
such material should report it to Human Resources immediately.
Employees may not use the Company's email resources for commercial or personal advertisements,
solicitations, promotions, destructive programs (e.g., viruses and/or self -replicating code), or political material,
or any other damaging use. Internet and email resources may be used for limited personal reasons provided
such use does not interfere with your work and otherwise complies with all policies in this Handbook.
The Company will not be responsible for any direct or indirect damages arising out of the use of Internet
resources on its computers. Employees are responsible for the material they review and download from the
Internet. Damages to Company computers or software caused by material downloaded from the Internet or
other non -Company sources are the responsibility of the person who loaded the program.
The Company has the right, but not the duty, to monitor any and all aspects of its computer system, including,
but not limited to, monitoring sites employees visit on the Internet, reviewing material downloaded or uploaded
by employees, and reviewing email sent and received by employees. Employees waive any right to privacy in
anything they create, store, send, or receive on Company computers or the Internet.
Employees must use any passwords and access codes provided by the Company solely to perform their job
responsibilities for the Company and to promote the Company's business and are prohibited from disclosing
any such passwords or access codes to anyone, including, but not limited to, other persons employed or
engaged by the Company.
Employees must comply with all software licenses, copyrights, and all other federal and state laws governing
intellectual property and online activity.
S 0 C:III A I... II IIIGEIII:)IIIA
As used in this policy, "Social media" includes all means of communicating or posting information or content of
any sort on the Internet, including to your own or someone else's blog, journal or diary, personal web site, social
networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated with
the Company. Because your use of social media can lead to personal and professional legal ramifications for
you and the Company, we expect you to follow these guidelines with respect to any other form of electronic
communication as well.
The same principles and guidelines found in other policies set forth in this Handbook (as more fully described
below) apply equally to your activities online. Ultimately, you are solely responsible for what you post online.
Before creating online content, consider some of the risks and rewards that are involved. Avoid engaging in
conduct that adversely affects your job performance or the performance of fellow employees, or otherwise
adversely affects the protection of confidential and/or proprietary information belonging to the Company, our
customers, our vendors, or our legitimate business interests.
Know 017(Y l 0//a- W //70 / a°re,a10
Carefully read the Company's policies regarding Computer, Email, and Internet Use; Protection of Confidential
Information; Workplace Violence; and Anti -Discrimination, and Anti -Harassment, and ensure your postings are
consistent with these policies. Inappropriate postings that include discriminatory remarks, harassment, and threats
of violence or similar inappropriate or unlawful conduct won't be tolerated.
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Strive to be respectful to the Company, your co-workers, customers, vendors, and other organizations and
individuals who work on behalf of the Company. Also, keep in mind that you are more likely to resolve work -
related complaints by speaking directly with your co-workers and/or Human Resources, or utilizing the Company's
Complaint procedure, than by posting complaints to a social media outlet. Nevertheless, if you decide to post
complaints or criticism, avoid using statements, photographs, video or audio that reasonably could be viewed
as malicious, obscene, threatening or intimidating, that defame employees, customers, or vendors, or that might
constitute harassment or bullying.
Bo 1-1on st. an(l Ad,aAuraura
Make sure you are always honest and accurate when posting information or news, and if you make a mistake,
correct it quickly. Be open about any previous posts you have altered. Remember that the Internet archives almost
everything; therefore, even deleted postings can be searched. Never post information or rumors that you know to
be false about the Company, your co-workers, customers, vendors, other organizations or individuals working on
behalf of the Company, or competitors. Whenever promoting the Company, make sure to disclose that you are an
employee of the Company. This is important to comply with truth in advertising and other related laws.
t "os.. ordyr Aj.)t.)ro1.ari ato a oritotit
Maintain the confidentiality of Company trade secrets and Confidential Information (as defined in the
Company's Confidential Information policy). Do not post or refer to Confidential Information on-line. This
includes, but is not limited to, pictures of the Company's plants and seeds.
Do not create a link from your own I website, or other social networking site to a Company website without
identifying yourself as a Company employee.
Express only your personal opinions. Never represent yourself as a spokesperson for the Company. If the
Company is a subject of the content you are creating, be clear and open about the fact that you are an
employee and that your views don't represent those of the Company, fellow employees, customers, vendors, or
other organizations or individuals working on behalf of the Company. If you do publish a I or post online
related to the work you do or subjects associated with the Company, make it clear that you are not speaking
on behalf of the Company. It is best to include a disclaimer such as, "The postings on this site are my own and
don't necessarily reflect the views of JDRC Managed Services, LLC.°
Of course, nothing in this policy will be applied in a manner that limits employees' rights to engage in
protected concerted activity as defined by the National Labor Relations Act.
t Csing Social Mcxfira rat N✓G/aar`ll
We expect our employees to use social media in reasonable amounts during working time or on equipment we
provide. Should your use of social media become an issue, this will be brought to your attention and your time
may be limited, and/or you may be subject to disciplinary action. Use may be work -related as authorized by your
manager, or consistent with the Company's other policies. You may not use Company email addresses to register
on social networks, blogs, or other online tools for personal use. Remember, too, that you should not have an
expectation of privacy in your use of any Company equipment. While the Company would never intentionally
capture and keep your passwords to any of your social media accounts, information displayed on any Company
computer or other equipment may be viewed and/or recorded by the Company.
NF
l;yrarnpany> l:uocial taw ox.fira Accounts
You may, as part of your responsibilities for and on behalf of the Company, create and/or utilize social media accounts
for the benefit of the Company ("Company Social Media Accounts"). Company Social Media Accounts may be
created only with preapproval of Director of Communications & Marketing, and all account names you create and/or
utilize for Company Social Media Accounts must be preapproved by Director of Communications & Marketing.
Company Social Media Accounts, as well as all passwords, data posted and obtained, and the goodwill associated
with such accounts are owned by the Company. You must disclose to Director of Communications & Marketing
all passwords utilized for Company Social Media Accounts, and you may not, without preapproval of one of
Director of Communications & Marketing, change any password or take any other action to restrict Director of
Communications & Marketing's access to Company Social Media Accounts.
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Director of Communications & Marketing (or their designee) may edit or remove content (including text, pictures,
and links) posted to Company Social Media Accounts, or modify, close, transfer to another individual, and/or
terminate your access to Company Social Media Accounts.
You are expected to use Company Social Media Accounts solely to conduct Company -related business, including
promoting the Company, creating goodwill for the Company, and furthering the Company's business relationships. You
may not post links to your personal account in any Company Social Media Account without preapproval from Director
of Communications & Marketing.
Nothing in this policy is intended to prohibit you from maintaining your own personal social media accounts,
identifying yourself as an employee of the Company, or discussing the Company, provided that such activity does not
result in the disclosure of Confidential Information or otherwise violate the Company's policies. If you maintain your
own personal social media account, you must maintain it separately from any and all Company Social Media Accounts.
The Company prohibits taking negative action against any employee for reporting a possible deviation from this
policy or for cooperating in an investigation. Any employee who retaliates against another employee for reporting
a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action.
flf:IllE OF IIF:I:II III'lIll..O'((IIF::IIII: IIIIMA((':O'E
The Company occasionally uses photographs or other likenesses of its employees in marketing materials,
brochures, holiday cards, and on Web sites (including social media sites). Employees therefore understand
and agree that the Company may occasionally acquire and use such images, during and after employment, for
these and any other lawful purposes (unless otherwise required by applicable law). The Company also may ask
employees to sign forms related to the use of their images. Employees who do not want their images to be
included in these materials, brochures, holiday cards, and Web sites should email Human Resources.
AIII IIF(I Ili OF (�;(,";'(I PAIIi'wl°Y lli[
The Company invests in furnishings, decorations, and personal convenience equipment to make each of us
comfortable and productive. Please exercise reasonable care in using our equipment. Exercise common courtesy
by cleaning up after yourself and keeping your workspace neat and clean.
NO II Y IIF("flR II I4IIG:R(`(f.(III(AJIIL IINIF((° Ilf°Nli III?.IICY
The Company is not responsible for personal property that is lost, stolen or damaged. Please make sure that your
personal belongings are in a safe place during the day and that you take your belongings with you after work.
llliiiiali ((( II IIAIII... VISI IIIOf?,.f(
No personal visitors are allowed at the Company's production facilities. Visitors to the Company's corporate office
must be escorted at all times.
O(w(""'lIF'((IIIIIIm'(IIF:: IIF::IIIAIII' IIL..0 "( III IIII:II (""TIFF
If you are employed by the Company on a full-time basis, we expect that your position with us is your primary
employment. Any outside activity must not interfere with your ability to perform your job duties for the Company.
Under no circumstances may any employee work for a competitor of the Company while employed with the Company.
If you are considering accepting a job outside the Company, you must notify Human Resources prior to accepting
such employment/engagement. Human Resources will discuss the job with you to make sure that it won't interfere
with your job duties for the Company or pose a conflict of interest.
IIII :III'(.FI(:::f III"(II(1 IIF:I:IIL.. III'(IIII :(";UI'( Ili:
It is important that our records are complete and up to date. Please notify Human Resources of any change
in your legal name, home address or telephone number, marital status, or number of dependents, change of
beneficiary, or emergency contact information. We need this information for insurance purposes, to comply with laws
and regulations, and to notify your family in the event of an emergency.
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Protection of the Company's Confidential Information and trade secrets is vital to our business' interests and
success. "Confidential Information" is any and all information disclosed to or known by you as a consequence
of your employment with the Company that is not generally known to people outside the Company about its
business, its marketing and sales strategies and plans, its finances, operations, employees, methods, processes,
computer software, customers, vendors, accounts, billing methods, pricing, data, business methods, and any and
all information entrusted to the Company in confidence by third parties, and any and all information defined as
"trade secrets" under applicable law.
Confidential Information may be contained in written materials, verbal communication, your unwritten knowledge, and
in the unwritten knowledge of other employees, and/or any other tangible method of expression, including external
storage devices. Examples of Confidential Information include, but are not limited to, the following:
Operating procedures
The identity of, personal information, and contact information of customers
Product formulations
Data submitted by or on behalf of the Company to government authorities
Marketing and promotional strategies
Financial and accounting information
Price/costing lists, structures, and formulas
Purchase orders and invoices
Passwords and access codes
Training information and materials
Proprietary computer programs, databases, and software
Computer network and security information
Business plans
Due to the proximity in which employee's work, any information about the Company or its customers that is
overheard or seen while in the course of your duties should be considered confidential and not revealed or
discussed with family, friends, or anyone else without prior written approval from the Company's CEO or CFO.
f:f IPAIIFIIIIDIF::III`4""'lIF"IIIAIIL..III""M"'"f' M IIF C"US""IIF"O IIE:III'M IMA""'lIF"""'lIF"IIFI:III'M.MM
Please recognize the necessity for discretion in this business. All employees must maintain confidentiality when
handling customer matters. No employee may disclose customer information to outsiders, including other
customers, vendors, third parties, or members of the customer's family or the employee's family. Customers trust
us to maintain their confidentiality and care.
The Company has adopted policies and procedures regarding HIPAA confidentiality compliance, and you are
expected to become familiar with them and follow them. In needed, please ask Human Resources for information
regarding the HIPAA code.
Any disclosure of confidential information or failure to follow HIPAA confidentiality obligations may result in
disciplinary action, up to and including termination of employment.
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C" III .. 'F. IIICm"IE'1IIII' 5
SCfIIL..IIICI ""'llFA""'III'"'IIIC)fIh III: IIIS""II I'IIR,IIIIIBLJ III'"'IIICfIIM,W AINUIII:D C:0IIL..IIL..IIIEC: III ION
The Company prohibits any employee from soliciting, collecting from, or selling to any other employee during
the working time of the soliciting employee or of the employee being solicited. "Working time" means the time
during which either the soliciting or solicited employee should be working but does not include meal times, break
periods, or other periods when employees are not actively at work.
The Company also prohibits any employee from distributing literature, pamphlets, or other materials to any other
employee in work areas. "Work areas" means all areas in which employees normally work, confer, or conduct
business but does not include break rooms, washrooms, or any other area specifically designated for non -work
purposes.
Persons not employed by the Company are not allowed to solicit or distribute pamphlets or other materials on
Company property for any purpose at any time unless authorized by the Company's CEO or CFO. Please notify
Human Resources if you observe any violation of this policy.
ME
S IIIAIINWIII AIIII.IDS OFC:':UNUIIDUICf .III..
Employees are expected to act in a professional and responsible manner while on Company property, conducting
Company business off property, traveling in connection with Company business, and at all other times where our
employees, customers, vendors, or other persons having business relationships with the Company are present. A
list of basic guidelines follows. It is not all-inclusive. Violation of any of these guidelines (or any other policy in
this Handbook) may subject you to disciplinary action, up to and including immediate termination of employment.
Of course, nothing in this policy will be applied in a manner that limits employees' rights to engage in protected
concerted activity as defined by the National Labor Relations Act.
Theft or attempted theft of Company property or property of any customer, employee, vendor, or visitor.
Dishonesty, embezzlement, falsification of records (including employment application materials), falsification of
time records or expense reimbursement requests.
Committing or threatening to commit injury or damage to Company property, employees, customers, or visitors.
Insubordination or refusal to accept work assignments.
Failure to complete work assignments, incompetence, or poor performance of work assignments.
Fighting.
Involvement in illegal activities on Company property, during working time, or in connection with Company
business.
Instigating, encouraging, or Company in any illegal work stoppage, slowdown, strike, or other interference with
Company operations.
Defaming the Company or its customers, employees, vendors, or products.
Unauthorized use of Company funds, property, or products.
Violation of any other Company policy.
DII S,f:;III IIMI...III II 'AIIFI Y AC""IIF IIGSl ll
Disciplinary action for violation of any policy in this Handbook may include, but is not limited to, suspension or
termination of employment. In cases involving less serious violations, disciplinary action may consist of a warning
or reprimand. Remedial action may also include counseling, changes in work assignments, changes in level of
responsibility of tasks assigned, changes in compensation, or other measures designed to prevent future misconduct.
We will try to handle disciplinary matters so that the measure of discipline corresponds to the seriousness of the
offense as weighed by its potential effect on our business, our employees, and our customers. However, nothing in this
policy obligates us to employ a progressive disciplinary policy or modifies our policy of employment at -will.
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9.A.c
C:C)IIPIIL..AIIIIIY)
We strive to provide a work environment that is free of conflict or disagreements. However, we know that on
occasion, misunderstandings occur. We encourage all employees to bring these matters to light for resolution.
If you are unable to resolve the issue directly with the other person(s) involved, you are encouraged to review
your concerns with Human Resources. If, for any reason, you don't feel comfortable reporting the harassment to
Human Resources, you should report it to the CFO. In all cases we will seek resolutions to problems in a positive
manner.
DIII)Y)IIM.)""'lIC""II(:: III")'JIES). Ill ).)""'Ilf"'IIICfIlNI
Except as provided in this policy, all disputes regarding your employment with the Company or termination of
your employment that are not resolved through the Complaint Procedure policy located above (including any
dispute relating to the validity, scope, or applicability of this Dispute Resolution policy) must be determined by
arbitration before one neutral arbitrator in Chicago, Illinois. The arbitration, including procedures for selection of
the arbitrator (if an arbitrator cannot be agreed upon by you and the Company), must be administered by JAMS
pursuant to its Employment Arbitration Rules & Procedures. However, the arbitration will provide for (a) discovery
adequate to give you and the Company access to documents and witnesses that are essential to the dispute, and
(b) the arbitrator's written decision that includes the essential findings and conclusions on which the decision is
based. Judgment on the arbitration award may be entered in any court having jurisdiction.
Unless otherwise required by applicable law, the prevailing party in the arbitration will be entitled to reimbursement
of his/her/its reasonable attorneys' fees and costs (including experts' fees) from the non -prevailing party. If neither
party prevails entirely, the arbitrator will award attorneys' fees in accordance with the disposition of the dispute.
All arbitration proceedings regarding wages or compensation,
including claims regarding overtime or minimum wage, must be
conducted solely individual basisaccordance withthis
We ) ) I
W:II°"Illf) '(;):J IIY"f)\/IICf
policy, and you not seek have dispute aclass
action, a representative action, a collective action, or institute or
a woirk eII"'IV IIIIIY"oIIY"IIIIrnC"Ilnt
participate in any proceeding against the Company in which you
act or propose to act in a representative capacity. Similarly, no
IIY III II ):w �:
(;i'III): IS IIY")) �,� ),::�,bll°IV.I
arbitration proceeding will be joined, consolidated, or combined with
another arbitration proceeding without the prior written consent of
)")II" dIIsag IIY")I)eII)f)eIY°YItS
the Company's CEO or CFO.
Please note that this Dispute Resolution policy does not apply to However, we ^GIYlo
(a) any claims which you cannot be legally required to arbitrate,
which must be litigated in the Circuit Court of Cl County in
W::li")): t on f)f."ca.!wllloIIY"'IV,
Chicago, Illinois, or in the United States District Court for the
Northern District of Illinois, (b) your filing of a claim or charge"IIY�III)b))IIIY"III),):"II'w:)),IIY'tll))IIIIIP")ItY)
against the Company with an administrative agency, such as
the National Labor Relations Board or the Equal Employment
);Jf:.,c u iir We ))IY'111c);;)W)IIIY)).ge
Opportunity Commission, or (c) any claim to workers'
compensation or unemployment benefits. Further, thDispute
,"„ lh, ),)IP"�Y'lllrfllf;) de(Y to birlIIIIY)I��
policy olic does not prohibit or limit the Company's or
your right to seek equitable relief from a court, including but not
6i')e,S)II" IInnia'w)"ll(:eIIY's to 111 llg(°)"l
limited to injunctive relief, which must be brought in the Circuit
Court of Cl County in Chicago, Illinois, or in the United States
foIr IP°'e� o))) l ul o in
District Court for the Northern District of Illinois.
Your agreement to and compliance with this policy are conditions
of employment.
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IIICm..IIY'V F"'S A IIYNI IIIC: IIIL...IIIE: ;,
D
We believe it is important that you take the time you need for rest, relaxation, and personal needs that may arise
that require time away from work. At the same time, we need to ensure that our business continues to operate
and that we can meet the needs of our customers even when our personnel are absent. Accordingly, we have
implemented time -off and leave policies that allow you to get the time you want and need - when you want it and
need it - without disrupting the service we provide to our customers. Please note, however, that we expect that
you won't engage in outside employment or work for others while on a leave of absence.
All benefits offered by the Company are subject to the terms and conditions of the applicable plans or programs,
as well as the employee's eligibility for benefits under such plans or programs. If any provision of this Handbook
or any benefit booklet or summary plan description conflicts with the actual plan documents, the actual plan
documents govern. Benefits may change or be eliminated with or without advance notice, subject to applicable
legal requirements.
If applicable law (including state or local law) entitles an employee to a leave of absence or paid time off that is
not specifically set forth in this Handbook (or time off - paid or unpaid - that exceeds the amount of time off set
forth in the policies in this Handbook), the Company will comply with such law.
Unless otherwise stated in in this Handbook, a written agreement signed by the Company's CEO or CFO, or a
benefit plan (or required by applicable law) all paid time off to which an employee is entitled will be calculated
based on the employee's regular base pay rate multiplied by the number of hours the employee would otherwise
have worked on each day of absence (up to a maximum of eight hours).
If applicable law entitles you to time off or benefits in addition to or more favorable than those described in this
Handbook, the Company will comply with such laws.
Ilh 111 1 Ili A II 1' : Illiil: Il3 lliii:1N Illkiii: Ilf III..IIi..
As of the date of this Handbook, the Company offers full-time, non -temporary employees the following benefits,
subject to all applicable terms and conditions:
Medical Insurance
Dental Insurance
Vision Insurance
Basic Life Insurance
Voluntary Life Insurance
Accidental Death & Dismemberment Insurance
401 (k) Plan
Flexible Spending Account
Short -Term Disability Insurance
Long -Term Disability Insurance
Please see Human Resources for additional information regarding benefit plans, including eligibility information
(such as applicable waiting periods), coverage details, and whether benefits are company -paid, employee -paid, or
employee -contributory.
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IIICm..IIY'V F"'S A IIYSI IIIC: IIIL...IIIE: ;,27
C:III III III... U14IIIC IlNfF
The Illinois Religious Freedom Protection and Civil Union Act (the "Civil Union Law") provides that both same -sex
and opposite sex couples who enter into a civil union will have all of the obligations, protections, and rights that
are afforded under Illinois law to married heterosexual couples.
As used in the Civil Union Law, a "civil union" means (a) a legal relationship between two persons, of either the
same or opposite sex, as to which the county clerk has issued a license and certificate of civil union, or (b) a
marriage between persons of the same sex, a civil union, or a substantially similar legal relationship other than
common law marriage, legally entered into in another jurisdiction.
An Illinois -based employee who desires the protections of the Civil Union Law must provide to Human Resources a copy
of the state- or county -issued certificate of the civil union. Once such certificate is provided, the Company will provide
health and welfare benefits to employees, their civil union spouses, and their families, that are identical to such benefits
offered to married couple and their families, if the applicable insurance contract is written in the State of Illinois.
Any coverages provided to the civil union spouse and/or dependent(s) will not be taxable for Illinois state income
tax purposes, but may be taxable under federal tax laws if the covered individual does not qualify as either a
qualifying child or qualifying relative. Accordingly, please obtain from Human Resources and complete an affidavit
to indicate the tax status of each such individual. If this information is not provided, the covered civil union
spouse and/or dependent(s) will have imputed income for the coverages provided.
A civil union spouse will not be eligible for continuation coverage under the Consolidated Omnibus Reconciliation
Act of 1985 ("COBRA"), but may be eligible for continued medical coverage under Illinois' continuation law, if
otherwise eligible. The dependents of a civil union spouse may be eligible for continuation coverage under
COBRA and Illinois' continuation law, if otherwise eligible.
If the state laws of non -Illinois employees provide the same or similar types of protections, the Company will
comply with such laws.
:III C:IIIRIIF::""'1IRIONAIII."Y ""'lIF"IIIIII IIE 1" IIFIIF° (IIF:: III'::IIIIFP""TIFF IIIIII:I III' IIlOYIIF::IIFI:)F
The Company's exempt employees are not awarded a specific amount
GP"'Csco IIs exC:III'(:Cd
of vacation time. Rather, each exempt employee is encouraged to take a
reasonable amount of time off for such purposes as vacation, travel, time
to IIIIrIII(:Il"1:.ffICfk. (:iie
with family and/or friends, relaxation, and personal business (collectively,
"discretionary time off'), as long as they timely complete all work
. I s ""f..l" "f.""111 IIna III' I III II"ne Off
assignments and are responsive to the needs of clients and colleagues.
That said, to ensure continuity of the Company's operations and avoid
fl If:: II s vv I i'11f""1
IV Ili"
compromising client service, discretionary time off remains subject to pre
approval (unless otherwise explained in this Handbook), should be
er'11r11pIbees to get '(:Ih
scheduled in advance whenever possible, and employees will remain
accountable for the reasonableness of their discretionary time off - in
t.'IIIIF'11F11le o'fl" bhey F"Ieed and
terms of quantity, duration, and timing.
Exempt employees are eli eligible to use discretionary leave after completing Y"Iot �'111��.l�IIII � to ��.III'(: IfIIF'111"I(IIIII
p9� Y p 9 I"��„
90 days of employment with the Company. For discretionary time that is
foreseeable, you must obtain approval from your manager and enter the (:Ihey accrue.,
request in Al Workforce Now as early as possible. The Company will
make an effort to accommodate every request for discretionary time off,
but your manager has the discretion to grant or deny requests, taking into account operating requirements as
well as requests previously submitted by other employees and your employment record. During the Company's
busy periods, it reserves the right to impose "black out" periods during which employees will not be able to use
discretionary time, or will be able to use discretionary time only in limited amounts.
Conflicting requests to take time off will be assessed based on a variety of factors, including length of service, your
employment record, and the reason for time off (for example, an employee's request to take time off for his/her
wedding and honeymoon or a family reunion may take priority over another employee's request to go on a trip for
which scheduling can be more flexible). Employees are encouraged to work together to resolve conflicting requests.
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9.A.c
IIICm..IIY'V F"'S A IIYSI IIIC:) IIIL...IIIE: ;,
For discretionary time off that is unforeseeable, you must notify your manager as early as possible, but in no event
later than the beginning of the scheduled workday on which you will take time off, unless doing so is impossible
(for example, in the event of a family crisis), in which case you should contact your manager as soon as possible.
If you fail to report for work and fail to follow the notification procedure outlined above or otherwise communicate
with your manager for three or more consecutive work days (other than in emergency situations or other unusual
circumstances where such contact is impossible), you will be considered to have voluntarily abandoned your position
Because no particular amount of discretionary time off is promised, guaranteed, vested, or accrued, there is no
"accrual" or "carryover" of time off for those who elect not to take time off. Likewise, because discretionary time
off does not accrue, employees who elect not to take time off are not paid for "unused" time off upon separation
from employment.
Discretionary time off may not be used for absences that are covered under another Company policy regarding
time off or leave (whether paid or unpaid), and/or for which employees are entitled to income replacement under
another Company policy or the Company's benefit plans. These include policies in this Handbook regarding Paid
Sick Leave, Holidays, Jury Duty, Witness Leave, Bereavement Leave, Domestic or Sexual Violence Leave, Military
Leave, Family and Medical Leave, and Parental Leave, as well as benefit plans in respect of workers' compensation,
short-term disability, long-term disability, and accidental death & dismemberment insurance coverage.
Also, employees may not use discretionary time off immediately before or immediately following a leave of absence,
when the request has the intent or effect of extending the leave, or the reason for time off is the same as or similar
to the reason for leave. Rather, if you need time off that exceeds the length of leave to which you are entitled
pursuant to this Handbook or applicable law, contact Human Resources, and your situation will be considered.
Please note: Your use of discretionary time off must be reasonable and must allow you to continue to attain
the performance excellence expected of you. Excessive requests for time off (other than leave permitted by
this Handbook or required by applicable law), may subject you to discipline up to and including termination of
employment, and/or will be factored into your performance and/or compensation review.
RAID ""'1IRIIIIYIIIE OIII' IIF° (lig(" IIF1 III':: IIEI IIP""TIFF IIFI:II IIFIIIL..(PYIII':]IE )
The Company grants paid time off ("PTO") to all full-time, non-exempt employees. Part-time and temporary employees
are not eligible for PTO. Exempt employees receive paid time off pursuant to the Discretionary Time Off policy.
PTO begins accruing on an eligible employee's date of hire, and the employee may begin using PTO following
completion of 90 days of service.
Each eligible employee is entitled to five days of PTO each calendar year for their first four years of employment with
the Company. Beginning on an eligible employee's fifth anniversary of employment, the employee is entitled to 10
days of PTO each calendar year.
PTO accrues each pay period and is credited to an employee's PTO bank each pay day.
Uso and l'a.yrnont of D °TCD
You must contact your manager to request to use PTO with as much advance notice as possible (particularly when
use of multiple consecutive days of PTO is desired), but in no event later than one week before the beginning of the
scheduled workday on which you will take time off, unless doing so is impossible (for example, in the event of a family
crisis). If providing at least one week's notice is impossible, you should contact your manager as soon as possible
If your request to use PTO is approved, you must enter the request in ADP Workforce Now. All PTO hours must be
logged into the Company's time tracking software.
The Company will make an effort to accommodate every PTO request, but managers have discretion to grant or
deny PTO requests, taking into account the Company's operating requirements as well as requests for time off
previously submitted by other employees. Please note that during the Company's busy periods, it reserves the
right to impose "black out" periods during which employees will not be able to use PTO, or will be able to use PTO
only in limited amounts.
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9.A.c
IIICm..IIY'V F"'S A IIYSI IIIC: IIIL...IIIE: ;,
PTO for eligible employees is also subject to the following parameters:
Employees may use PTO in half -day (i.e. four-hour) or full -day (i.e., eight -hour) increments.
PTO is paid based on the employee's regular base rate of pay.
The Company encourages its employees to use their accrued PTO, and therefore PTO must be used in the
calendar year in which it accrues. If accrued PTO is not used within the calendar year in which it accrues, all
unused PTO is forfeited on December 31 st (unless otherwise required by applicable law).
PTO may not be cashed out for any reason. However, if required by applicable state law, accrued but unused
PTO will be paid out upon separation from employment.
Employees may not use PTO before it accrues.
RXID 1lmlllr":':III< I EAVE (Nfn'flll°,III III'::X::IIY IIIP""'llrF IIGIJC IIPlll...OYII'::] S)
The Company grants paid sick leave to all full-time, non-exempt
employees. Part-time and temporary employees are not eligible for paid
sick leave. Each non-exempt employees will receive 40 hours of paid sick
leave at the beginning of each year.
Sick leave is available beginning with the first hour away from the job due
to illness or injury. Sick leave must be used in a minimum of four-hour
increments.
Employees may use sick leave for themselves or their children, legal
guardians or wards, spouse, domestic partners (including parties in a civil
union), parents, parents of a spouse or domestic partner, grandparents,
grandchildren, siblings, or any other individual related by blood or
whose close association with the employee is the equivalent of a family
relationship, for the diagnosis, care, or treatment of an existing health
condition or preventative care. Sick leave also may be used for employees
and family members who are victims of domestic violence, sexual assault,
or stalking. Employees may also use sick leave when work or a child's
school/place of care has been closed by the public health officials for a
public health emergency.
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Sick leave is not a vested benefit; therefore, employees will not receive pay for unused sick leave upon separation from
employment.
Upon oral or written request to their manager, employees may use accrued but unused sick leave. In requesting
sick leave, if the need to use paid leave is foreseeable, an employee must provide reasonable advance notice
(preferably as soon as the employee is aware of the need for leave). If the use of sick leave is not foreseeable, the
employee must provide notice as soon as practical.
If an employee is rehired by the Company within 12 months following separation from employment with the
Company, upon rehire all previously accrued but unused sick leave (if any) will be reinstated.
Retaliation or discrimination against an employee who requests sick leave or uses sick leave or both is prohibited
110IIL..III Ili 1)AYS
The Corporate Office & Facilities generally observes the following holidays:
New Year's Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
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IIICm..IIY'V F"'S A IIYNI IIIC: IIIL...IIIE: ;,
If a recognized holiday falls during an eligible employee's paid absence (such as PTO), the absence for the day will
be counted only as holiday pay and will not be counted against the employee's PTO entitlement. If a recognized
holiday falls during an unpaid absence, the employee is not entitled to holiday pay.
We recognize that there may be religious or cultural holidays (other than those already designated) that employees
would like to observe. Provided that you send an email to Human Resources in advance, then subject to the
requirements of our PTO policy, you may take PTO to observe such holidays.
III III IIL.: I dI IIC) III IIII CIIi"f III ': IIL.. IIL..II(:AVE,
The Family & Medical Leave Act ("I'l requires employers with 50 or more employees to provide eligible
employees with unpaid leave in certain circumstances. There are two types of leave available, including a basic 1 2-
week leave entitlement ("Basic FMLA Leave"), as well as military family leave entitlements ("Military Family Leave")
each described below.
l la(philify for l h/al..A L oavo
Employees are eligible to apply and be considered for FMLA leave if they:
I. Have worked for the Company for at least twelve months in the seven-year period immediately preceding the
request for leave;
'. Have worked at least 1,250 hours for the Company during the twelve calendar months immediately preceding
the request for leave; and
. Are employed at a work site that has 50 or more employees within a 75-mile radius.
1. Employees with any questions about their eligibility for FMLA leave should contact Human Resources.
Employees who meet the eligibility requirements described above are eligible to take up to a total of 12 weeks of
unpaid leave during any 1 2-month period for any of the following reasons:
I. To care for the employee's child during the first twelve months following birth;
2. To care for a child during the first twelve months following placement with the employee for adoption or foster
care;
IN
3. To care for the employee's spouse, child, or parent (each, a "Covered Relation") with a serious health condition;
2. For incapacity due to the employee's pregnancy, prenatal medical condition, or child birth; or
2. Because of the employee's own serious health condition that renders the employee unable to perform an
essential function or functions of his or her position.
In cases where married spouses are both employed by the Company, the two spouses together may take a
combined total of twelve weeks of leave during any 12-month period for reasons (1) and (2), above, or to care for
the same individual pursuant to reason (3), above.
Any leave taken under the Victims' Economic Security and Safety Act ("VESSA") (described below) will count
against an employee's Basic FMLA leave entitlement if the reason for the VESSA leave is also covered by the
F M LA.
The 1 2-week entitlement for Basic FMLA Leave is based on a "rolling" 1 2-month period. As used in this policy, a
"rolling 1 2-month period" means the 1 2-month period immediately preceding (a) the date that an employee begins
FMLA leave, or (b) the date that an employee uses VESSA leave if the reason for the VESSA leave is also covered
by the FMLA.
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There are two types of Military Family Leave available:
1. Qualifying exigency leave. Employees meeting the FMLA leave eligibility requirements, described above, may
be entitled to use up to twelve weeks of their Basic FMLA Leave entitlement to address certain "qualifying
exigencies." Leave may be used if the employee's spouse, child, or parent is on active duty or called to active
duty status in the Armed Forces (including the National Guard or Reserves) and is deployed to a foreign country.
Qualifying exigencies may include:
Short -notice deployment (up to seven days of leave)
Arranging for alternative childcare
Addressing certain financial and legal arrangements
Periods of rest and recuperation for the servicemember (up to five days of leave)
Attending certain counseling sessions
Attending post -deployment activities (available for up to 90 days after the termination of the covered
servicemember's active duty status)
Other activities arising out of the servicemember's active duty or call to active duty and agreed upon by the
Company and the employee
Is
2. Leave to care for a covered servicemember. There is also a special leave entitlement for any employee who
(a) meets the eligibility requirements for FMLA leave and (b) is the spouse, child, or next of kin of a "covered
servicemember," that permits such employee to take up to 26 weeks of leave to care for a covered servicemember
during a single 1 2-month period. A covered servicemember is either (i) a current member of the Armed Forces
(including the National Guard or Reserves), who incurred or aggravated a serious injury or illness in the line of
duty while on active duty that may cause the servicemember to be medically unfit to perform the duties of his
or her office, grade, rank, or rating, for which the servicemember is undergoing medical treatment, recuperation,
or therapy, or (ii) a veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or
illness incurred or aggravated in the line of duty while on active duty and who was a member of the Armed Forces
(including the National Guard or Reserves) at any time during the five years preceding the date of such medical
treatment, recuperation, or therapy.
For leave to care for a covered servicemember, the 26-week entitlement is measured forward beginning from the
day that an employee's first FMLA leave to care for a covered servicemember begins. Leave already taken for
other circumstances covered by the FMLA will be deducted from the total of 26 weeks available.
When married spouses both work for the Company, the aggregate amount of leave that can be taken to care for a
covered servicemember is 26 weeks in a single 1 2-month period.
It-dormad2oW a; i—id Hr:!^(hi r aI. SazlacWWO 2 o awro
Leave because of a serious health condition, or either type of servicemember leave, may be taken intermittently
(in separate blocks of time due to a single health condition) or on a reduced schedule leave (reducing the usual
number of hours worked per workweek or workday) if medically necessary and supported with documentation
from a health care provider. Military Family Leave due to qualifying exigencies may also be taken on an
intermittent basis, subject to an employee's submission of required certification.
Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly
disrupt the Company's operations. Requests for intermittent or reduced -schedule leave for planned medical
treatment must be accompanied by medical certification indicating the dates on which such treatment is expected
to be given and the duration of such treatment.
If leave is unpaid, the employee's base compensation will be reduced based on the amount of time actually
worked. In addition, while an employee is on an intermittent or reduced -schedule leave, we may temporarily
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transfer the employee to an available alternative position that better accommodates recurring periods of absence
or a reduced schedule and which has equivalent pay and benefits.
Leave may not be taken on an intermittent or reduced -schedule basis to care for an employee's own child during
the first year following birth, or to care for a child placed with the employee for foster care or adoption, unless the
Company, in its sole discretion, agrees in advance.
I eave is unpaid,
Leave pursuant to this policy is unpaid leave. However:
If leave is taken in respect of the birth or adoption of a child, the employee may be eligible for paid leave
pursuant to our Paid Parental Leave policy.
If leave is taken because of an employee's own serious health condition or the serious health condition of the
employee's spouse, child, or parent, the employee may apply any then accrued but unused paid sick leave
toward the leave.
If leave is taken because of an employee's own serious health condition, the employee may be eligible for
workers' compensation benefits (if the condition is work -related) or salary continuation under applicable
disability insurance policies. Benefit entitlements based upon length of service will be calculated as of the last
paid work day prior to the start of the leave of absence.
lWrloffical and othot lug nofits
During an approved FMLA leave, the Company will maintain an employee's coverage under insurance plans as if the
employee continued to be actively employed, on the same policy terms as if the employee had continued to work,
subject to the following:
If leave is unpaid by the Company, the employee and the Company will agree on a method for payment of the
employee's share of premiums incurred during leave.
If leave is paid by the Company (e.g., the employee receives payments pursuant to our Paid Parental Leave policy),
we will treat that portion of the leave as if the employee was on regular payroll and will continue to deduct the
employee's portion of the monthly premiums otherwise required as a regular payroll deduction.
Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an
employee's leave.
Cowdinatiotd with olhot fmfia lie
The following explains the coordination between FMLA leave and other benefits to which an employee may be
entitled while on leave:
If the reason for your FMLA leave qualifies you for workers' compensation leave, disability leave, or any other
leave of absence in addition to FMLA leave, such leaves of absence will run concurrently with your FMLA leave.
If the reason for your FMLA leave allows you to use paid Paid Sick Leave, the Paid Sick Leave will run
concurrently with your FMLA leave.
If you qualify for workers' compensation or disability benefits, you must collect these benefits while on FMLA leave.
l olwirn to job mil on(.1 of l=ML..A leiavo
Upon return from FMLA leave, most employees will be restored to their original or equivalent positions with
equivalent pay, benefits, and other employment terms.
If your FMLA leave is for your own serious health condition, you may be required to present a Fitness for Duty
Certification from your health care provider that releases you to return to work and attests that you can perform
the essential functions of your job with or without a reasonable accommodation. We will provide you with the
Fitness for Duty Certification for your health care provider to complete. If you have any questions regarding the
Fitness for Duty Certification, please contact Human Resources.
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If the need to use FMLA leave is foreseeable, you must provide notice to Human Resources at least 30 days' prior
notice of the need to take leave. When 30 days' notice is not feasible, you must provide such notice as soon as
practical (within 1-2 business days of learning of the need for leave except in extraordinary circumstances). Failure
to provide such notice may be grounds for delaying approval for and the start of your FMLA leave. JDRC uses
Guardian to facility our FMLA leave.
Whenever possible, requests for FMLA leave should include the anticipated date of commencement of the leave,
the duration of the leave, the reason for leave and, if known, the anticipated return date. Also, when submitting
a request for leave, you must provide information sufficient to allow us to determine if the leave may qualify as
FMLA leave. Examples of this include that you are unable to perform job functions; that a family member is unable
to perform daily activities; that you or your family member needs hospitalization or continuing treatment by a
healthcare provider; or the circumstances supporting the need for military family leave. You also must indicate if
the requested leave is for a reason for which FMLA leave was previously taken or certified.
fNaoffic;Tmal Gawrtificaaalion
If you are requesting leave because of your own or a covered relation's serious health condition, you and the
applicable healthcare provider must complete appropriate medical certification on a form to be provided to
you by Human Resources. If we require Medical Certification, you must return it to Human Resources within 15
days after you request leave. If you provide at least 30 days' notice of medical leave, you should also provide the
medical certification before your leave begins.
Failure to provide requested medical certification in a timely manner may result in the delay of FMLA leave until it
is provided. In addition, we may, at no expense to the employee, require an examination by a second independent
healthcare provider we designate if we reasonably doubt the medical certification initially provided. If the second
healthcare provider's opinion conflicts with the original medical certification, we may, at no expense to the
employee, require a third mutually agreeable independent healthcare provider to conduct an examination and
provide a final and binding opinion.
We may also require subsequent medical recertification after initial approval of FMLA leave due to a serious health
condition. Failure to provide requested certification within 15 days, except in extraordinary circumstances, may
result in the delay of further leave until such certification is provided.
fFr;po ling fF✓Falk; on L oaavr.
If you take leave because of your own serious health
condition or to care for a covered relation, we may require
you to contact Human Resources regarding the status of
your condition, your intention to return to work, and your
anticipated return date. In addition, you must provide
notice to Human Resources if the dates of your leave
change, are extended, or were unknown initially.
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The purpose of this FMLA policy is to provide guidance
to employees. Not every aspect of the FMLA or its
regulations can be summarized in this policy. If there
are any FMLA provisions or changes to the FMLA and its
regulations not reflected in this policy, the Company will
follow the FMLA and its regulations where applicable.
Likewise, if applicable state or local law provides more
expanded leave protection than the FMLA, the Company
will follow that law.
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Subject to the terms and conditions of this policy, each employee who receives a summons for jury duty will be
granted time off in order to serve.
Full-time employees who serve on jury duty will be paid for up to five consecutive regularly scheduled work days.
Non-exempt employees will be paid at their regular rate of pay for the number of hours they would have been
scheduled to work if they were not serving jury duty, up to a maximum of eight hours per day. Any additional days
off will be unpaid, unless otherwise required by applicable law.
For temporary and part-time employees, jury duty is unpaid (unless otherwise required by applicable law).
In order for your absence to be considered excused (and to receive any jury duty pay to which you are entitled under
this policy), you must notify your manager, along with Human Resources, and enter your request in Al Workforce
Now at least two weeks prior to the first date on which you are to serve (or upon receipt of the legal notice if you are
summoned on less than two weeks' notice). If you are excused from jury duty during regular business hours, you are
required to return to work for the business hours remaining on that day, unless you otherwise obtain approval from
your manager.
Please note that jury duty pay is available only for lost working time. If you serve on jury duty on a day when you are
not scheduled to work, you will not receive jury duty pay. For example, if you serve on a jury during an unpaid leave of
absence, you will not receive jury duty pay.
The Company will not discharge, discipline, or otherwise penalize an employee who complies with a jury summons
Wl".FNIIESS �L..IEA ✓IE
Subject to the terms and conditions of this policy, each employee who is subpoenaed or otherwise required by
legal notice to serve as a witness in a criminal or civil proceeding will be granted time off in order to serve. Unless
otherwise required by applicable law, the time off will be unpaid.
In order for your absence to be considered excused, you must email Human Resources and enter the request in
Al Workforce Now at least two weeks prior to the first date on which you are to serve (or upon receipt of the
legal notice if you receive it on less than two weeks' notice). If you are excused from your obligations as a witness
during regular business hours, you are required to return to work for the business hours remaining on that day,
unless you otherwise obtain approval from Human Resources.
The Company will not discharge, discipline, or otherwise penalize an employee who complies with a valid
subpoena or other similar legal notice.
IIC�IIiiii:IlRlllii:\Jllliiiall'Illliiial�� llf IIL.....Illkiii:A�/Iliii:
Employees are entitled to take off up to three consecutive regularly scheduled workdays in the event of the death
of an employee's immediate family member, and one scheduled workday in the event of the death of someone
who is not an immediate family member. Additional time off may be granted in the discretion of the Human
Resources or CFO if warranted in the circumstances (for example, an out-of-town funeral of an immediate family
member) or if required by applicable law.
For purposes of this policy, "immediate family member" means an employee's parent, child, sibling, spouse,
domestic partner, civil union partner, mother-in-law, father-in-law, grandparent, or grandchild.
Employees who take leave authorized under this policy will be paid for up to three consecutive regularly scheduled
work days. However, bereavement leave pay is available only for lost working time. For example, if you attend a
funeral during an unpaid leave of absence or on a day you are not scheduled to work, you will not receive
bereavement leave pay.
For temporary employees, bereavement leave is unpaid (unless otherwise required by applicable law).
Requests for bereavement leave should be made as soon as the employee becomes aware of the need for the
leave. Email your manager to request leave, and enter the request in Al Workforce Now. Please also include
information regarding where donations can be made (if available).
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Each eligible Illinois employee is entitled to unpaid leave in the event of the death of the employee's child so that
the employee can attend the child's funeral, or alternative to a funeral, make arrangements necessitated by the
child's death, or grieve. For purposes of this policy, "child" means an employee's biological child, adopted child,
foster child, stepchild, legal ward, or child as to whom the employee stands in loco parentis.
An employee is eligible to take leave under this policy if he/she meets the eligibility requirements under the
Company's FMLA policy. Specifically, an employee must: (1) Have worked for the Company for at least twelve
months in the seven-year period immediately preceding the request for leave; and (2) Have worked at least 1,250
hours for the Company during the twelve calendar months immediately preceding the request for leave; and (3)
Be employed at a work site that has 50 or more employees within a 75-mile radius.
Each eligible employee is entitled to two weeks (10 days) of unpaid leave in a 1 2-month period in the event of the
death of the employee's child. This entitlement increases to six weeks of unpaid leave in that 1 2-month period in
the event of the death of more than one child of the employee in that 1 2-month period. However, no employee is
entitled to take more leave under this policy than the amount of leave to which the employee would be entitled
under the FMLA. In other words, once an employee exhausts his/her 12 weeks of FMLA leave, no leave under this
policy is available unless pre -approved by Human Resources. Also, any leave taken under this policy must be
completed within 60 days after the employee receives notice of the child's death.
in
When taking leave under this policy, an employee may, at his/her election, apply available unused leave, such as
paid leave under the Company's bereavement policy or accrued but unused PTO, toward the period of leave.
In the event that you require leave under this policy, provide notice to your manager and Human Resources and enter
the request in Al Workforce Now, unless providing such notice is not reasonable or possible. Please also provide the
name of your child and any arrangements that have been made.
If you have any questions regarding this policy, your eligibility for leave, or the amount of leave available to you,
please contact Human Resources.
a'Y1raING ""'IIIIIIIIIWIE
The Company encourages all employees to exercise their right to vote in federal, state, and local elections and
primaries. Voting polls are generally open during hours that allow you time to vote without interfering with your
normal work hours. However, if your working hours begin less than two hours after the opening of the polls and
end less than two hours before the closing of the polls, you will be granted up to two paid hours off in order to
vote (unless otherwise required by applicable law). To request time off for voting, email your manager. Proof of
voting may be required if time off is granted.
III III JI FXRY L..IIEA III'::
Employees who are involved in reserve duty or who are
participating in active duty for the U.S. military will be excused
from work for the required periods of time. Leave is unpaid
unless otherwise required by applicable law.
To request military leave, email your manager and Human Resources
as soon as you become aware of the need for leave.
Employees who are re-employed following service will be reinstated
with seniority and benefits they had accrued at the time they left for
service, in addition to seniority and benefits they would have attained
had they remained continuously employed.
The Company does not discriminate or retaliate against
employees because of their request for military leave or
performance of or obligation to perform military service.
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Illinois employees who have worked for the Company for at least 12 months, and have worked at least 1,250 hours
during the immediately preceding 1 2-month period are eligible for family military leave. This leave is available
to any spouse or parent of a person called to military service for more than 30 days. Employees who qualify for
this leave are eligible for up 30 days of leave during the time the federal or state deployment orders are in effect.
Leave is unpaid unless otherwise required by applicable law.
To be excused for family military leave, email your manager and Human Resources at least 14 days in advance of
the proposed leave, if the leave will consist of five or more consecutive workdays. If fewer than five consecutive
workdays are needed, the request must be made as soon as possible.
Insurance benefits will continue during family military leave on the same terms and conditions as those applicable
to employees not on leave. Employees who return to work from family military leave are generally entitled to
return to their job or an equivalent position without loss of benefits or pay. However, employees are not entitled
to reinstatement rights greater than those they would have if they did not take leave.
If the state laws of non -Illinois employees provide a similar type of leave, the Company will comply with such laws
III�IIWI,.Illiil:Ill'°�W III""IIL...... IIL.....Illkiii:Illiil:
Cresco recognizes the importance of family. Therefore, we have
adopted our Primary and Secondary caregiver policies to help
employees focus on what is important and not worry about the
financial burden of being away from work.
1 41y1hal1ty for l xrrwvo
All full-time employees who have completed at least one year of
continuous service immediately preceding the commencement of
leave ("Eligible Employees") are eligible for leave in accordance with
the terms of this policy for any of the following reasons:
Maternity or paternity leave, i.e. to care for the employee's child
during the first twelve months following birth; or
Adoption/foster care leave, i.e. to care for a child during the
first twelve months following placement with the employee for
adoption or foster care.
Part -Time and Temporary employees are not eligible for leave under
this policy.
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Subject to the terms and conditions of this policy, the Company will grant parental leave for Eligible Employees. The
amount of leave depends on whether the Eligible Employee certifies that he/she is the primary caregiver of the child.
Leave eligibility is as follows, based on length of service:
Length of Service Completed as of
the First Day of Leave
Amount of Leave for Primary
Caregiver for Parental Leave
Amount of Leave for Non -Primary
Caregiver for Parental Leave
Less than 12 consecutive months
None
None
At least 12 consecutive months
6 Weeks
1 Week*
24 consecutive months
8 weeks
1 week
36 consecutive months
10 weeks
1 week
48 consecutive months
12 weeks
1 week
*For clarity, an Eligible Employee seeking leave who does not certify that he/she is the primary caregiver is
entitled to up to one week of parental leave (which may be used at any time during the first 12 weeks following
the birth or adoption of the employee's child).
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Please note employees must apply for short-term disability (STD) through Guardian to be eligible for this benefit. JDRC
a�
will cover the portion that short term disability does not cover for the employee. Please contact Human Resources to
begin the process of applying for STD.Please note that the leave provided under this policy is the maximum leave that an
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Eligible Employee will be granted in a rolling 1 2-month period. As used in this policy, a "rolling 1 2-month period" means
the 12-month period immediately preceding the day the employee's leave under this policy begins.
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The purpose of this policy is to provide guidance to employees. The Com an will follow all applicable federal,
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state, and local laws and regulations.
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The Illinois Victims' Economic Security and Safety Act ("VESSA") provides Illinois employees who are the victims
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of domestic or sexual violence, or who have family or household members who are the victims of domestic or
sexual violence, with up to twelve weeks of unpaid leave within a 12-month period.
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Eligible employees may take VESSA leave so that they or a member of their family or household may:
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Seek medical attention for, or to recover from, physical or psychological injuries caused by domestic or sexual violence;CN
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Obtain services from a victim services organization;
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Obtain psychological or other counseling;
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Participate in safety planning, temporarily or permanently relocating, or taking other actions to increase their
physical safety or ensure economic security; or
Seek legal assistance or remedies to ensure their h ealth and safety, including preparing for or participating in
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any civil or criminal legal proceeding related to or derived from domestic or sexual violence.
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The 12-week entitlement for leave under this policy is based on a "rolling" 12-month period. As used in this policy,
s
a "rolling 1 2-month period" means the 1 2-month period immediately preceding the date that an employee begins
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VESSA leave.
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Employees may take VESSA leave intermittently (in separate blocks of time) or on a reduced leave schedule
(shorter hours per day or week).
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If you require leave under this policy you must email Human Resources at least 48 hours prior to the effective
leave date, if possible. Otherwise, employees must provide such notice as soon as practical.
r:'a!r fificaataaari
We may require you to provide a sworn statement that you or your family or household member (as applicable) is
a victim of domestic or sexual violence and that the leave is for one of the purposes set forth above. In addition,
we may require you to provide the following supplemental information upon obtaining it: documentation from
a victim's services organization, member of the clergy, or medical professional from whom you or your family
or household member (as applicable) have sought assistance; police report or court record; and/or other
corroborating information. You may be required to provide periodic reports regarding your status or the status of
your family or household member (as applicable), and any change in your plans to return to work.
Subject to certain exceptions provided by law, employees who are covered by VESSA are guaranteed
reinstatement to either the same position or to one with equivalent responsibilities, pay, benefits and other terms
and conditions of employment.
If the state laws of non -Illinois employees provide a similar type of leave, the Company will comply with such laws.
SGIa 100I1 VI III IIr A llr 111 'f 1N
Illinois employees who have completed at least six consecutive months of service and who, on average, work
at least 15 hours each week are allowed up to eight hours off each school year to attend school conferences or
classroom activities for their children if these events cannot be rescheduled during non -work hours. Leave is
unpaid for hourly employees and temporary employees (unless otherwise required by applicable law).
Employees who wish to take time off under this policy must email their manager and enter the request in Al
Workforce Now at least seven days in advance and corporate in scheduling the time off to minimize disruption to
the Company's operations. However, in an emergency situation, 24 hours' notice is sufficient. The Company may
require verification by the school administrator of the requesting employee's exercise of school visitation rights.
W IWIh(.IIG;: III' '° S C III' FI lll' : Iiq 11"wr ""'llF 10 PawN
Work -related injuries and illnesses may be covered by the
Company's workers' compensation insurance policy. If you are
injured on the job, no matter how slightly, report the incident
immediately to Human Resources. You will be taken to a nearby
urgent care center or hospital if you can't be treated adequately on
the Company's premises.
Please be aware that failure to promptly report a work -related injury
or illness may jeopardize your claim. Please alert Human Resources
to any condition which could lead or contribute to an employee
accident.
We will abide by all requirements set forth in applicable workers'
compensation laws. We will not take any adverse action against an
employee in retaliation for filing a workers' compensation claim.
Your eligibility for workers' compensation benefits, the amount of
benefits payable to you, and the duration of such benefits depend
upon the nature of your injury or illness and is determined in the
sole discretion of our workers' compensation insurance carrier and
in accordance with applicable law.
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I acknowledge receiving a copy of the MONTH DAY, 201_ edition of the Employee Handbook (the "Handbook") for
JDRC Managed Services, LLC (the "Company"). I understand it is my responsibility to review the Handbook and be
familiar with all policies, and if there is any policy or provision in the Handbook that I do not understand, I should
seek clarification from Human Resources.
I understand that the Handbook replaces and supersedes all previous employee manuals and other similar
documents that I may have received from the Company regarding its subject matters (except for any written
contract signed by me and the Company's CEO or CFO in respect of my employment with the Company). I
also understand that the Handbook is distributed as a guide and summary of the Company's current policies,
procedures, and guidelines, any of which may be changed or revoked by the Company at any time, with or without
advance notice to employees; provided, however, that (a) the At -Will Employment policy may be revised only by a
written contract or agreement signed by the Company's CEO or CFO, and (b) the Dispute Resolution policy may be
revised only by a written contract or agreement signed by me and the Company's CEO or CFO.
I understand that the Handbook is not a contract. I also understand that I am employed at will, meaning that
either the Company or I may terminate our employment relationship for any reason, at any time, with or without
cause or advance notice. I also understand that the fact that I am employed at will cannot be changed by any
representative of the Company except its CEO or CFO, who may do so only in a written contract signed by the
CEO or CFO.
I acknowledge and understand all of the above. I also acknowledge and understand the Company's Dispute
Resolution policy, located in this Handbook, and I will comply with it.
Employee's Signature Date
Employee's Printed Name
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12. Same -Site Application to State of Illinois
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DF7 11 NO
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400 W. Erie Street I Suite 110 1 Chicago, IL 60654
312-929-0993
www.crescolabs,com
Bret Bender
Medical Cannabis Deputy Director
Illinois Department of Financial and Professional Regulation
Medical Cannabis Unit
100 W. Randolph - 91h Floor
Chicago, IL 60601
Re: PDI Medical I Registry ID No. 27-002
Dear Mr. Bender,
Enclosed please find the following in support of PDI Medical's Request to Change Proposed Dispensary
Location,
• PDI Medical's Request to Change Proposed Dispensary Location Application;
• PDI Medical's supporting documentation;
• A Cashier's Check in the amount of $5,000 made payable to the IDFPR;
Please let me know if the Division requires any additional information regarding PDI Medical's Request
to Change Proposed Dispensary Location Application. Please feel free to reach out to me directly with
any questions.
Thank you,
www.crescolabs.com
N
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CONFIPENIIAI a
I Packet Pg. 208 1
9.A.c
IMPORTANT NOTICE:
Completion of this form is
necessary for consideration
for licensure in connection
,with the Medical Cannabis
Pilot Program Act, 410
ILCS 130 and 68 IAC 1290.
1. BUSINESS NAME
4. CURRENT PHYSICP
1623 Barcl
8. NEW PHYSICAL AD
830-840 N.
ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION I SUPPORTING DOCUMENT
MEDICAL CANNABIS I MC-LOC
REQUEST TO CHANGE PROPOSED DISPENSARY LOCATION
DRESS OF PRC
Boulevard
18109106101cia
2. REGISTRY IDENTIFICATION NUMBER
27-002
DISPENSARY 1 5. CITY
Buffalo Grove
3. MEDICAL CANNABIS DISTRICT NUMBER
27
6.
Lake
Milwaukee Avenue I Buffalo Grove I Lake
7. ZIP CODE
60089
iz. Is the property line of the proposea aispensary a minimum of i,uuu feet trom the line of a pre-existing punuc or private prescnool or ele-
mentary or secondary school or a day care center, day care home, group day care or part day child care facility identified in Section 130
of the Act? ❑X YES ❑ NO
ATTACH THE FOLLOWING:
1. Provide a cover letter stating the reason for the change of location of the dispensary, including a description of how the
plans for the proposed dispensary deviate from those provided in your original application and a description of how the pro-
posed location is the equal to, improved, or better suited than the dispensary location in your original application.
2. DFPR Property Ownership Form.
3. DFPR Zoning Form with signature from the local zoning office providing confirmation that the proposed dispensary location
is in compliance with local zoning provisions and those identified in Section 130 of the Act.
SUITABILITY FOR PUBLIC ACCESS:
1. Provide a narrative explaining why the proposed location is suitable for public access, the size and layout promote safe
dispensing of medical cannabis, product handling, and storage. Include detailed plans for handicapped accessible parking
and ADA accessibility.
2. Provide a narrative statement describing specific elements in your plan that will favor the immediate community and why
your operations will negate any detrimental impact.
3. Provide a narrative describing changes, if any, to the Suitability for Public Access Section provided in your original applica-
tion.
PLOT PLANS and PHOTOGRAPHS: Plot map and drawings must be adequate in size to illustrate your plans. For this
section, applicants must:
1. Provide a location area map of the area surrounding the proposed dispensary, extending a minimum of 1,000 feet from the
proposed dispensary property line in all directions. Clearly identify the existing adjacent businesses or residences.
2. Demonstrate that the property line of the proposed dispensary is not located within 1,000 feet of the property line of a
pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care
home or part day child care facility identified in Section 130 of the Act.
3. Provide a drawing depicting the property that extends at least to the property line perimeter, defining exterior landscape
and interior layout, including storage and delivery areas.
4. Provide color photographs of the proposed dispensary and immediately adjacent area.
IL486-2225 2/15 Page 1 of 2
Packet Pg. 209
9.A.c
IMPORTANT NOTICE: ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUPPORTING DOCUMENT
Completion of this form Is
necessary for consideration MEDICAL CANNABIS
for licensors In connection
with the Medical Cannabis
Pilot Program Act, 41 o REQUEST TO CHANGE PROPOSED DISPENSARY LOCATION
ILLS 130 and 68 IAC 1290.
1, Narrative of how the proposed dispensary location complies with the local zoning ordinance or rules.
2, Documentation, If any, of the approval, conditional approval or the status of a request for approval, from the local zoning
office,
FACILITY SECURITY: Submit or Include on a separate drawing the following:
1. Diagram of dispensary drawn to scale, Including general specifications of the building exterior and interior layout, Identify-
Ing all points of entry and exit and locations of security or surveillance devices.
SECURITY SURVEILLANCE SYSTEM:
1. Provide a narrative of changes, if any, to the type of surveillance system that will be installed, controls used to monitor
and secure the premises, agents, patients, caregivers, currency and measures that will prevent the diversion, theft or loss of
cannabis and currency previously provided in your original application.
PRODUCT SECURITY:
1 1. Provide a narrative describing changes, if any, to the Product Security Section provided in your original application.
1. Provide a narrative of any changes in the receipt/delWry process described In the Shipping/Transportation Security Mea-
sures Section previously provided in your original application,
I understand the change of proposed dispensary location must be approved by the Division before the dispensary may be
registered.
Signed By: *___ Date:
Principal Officer Printed Name Prin Ifr Officer Signature
IL486.2225 2115
VICNEM
(ONFIDEN11 I
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Page 2 of 2
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TRADE SECRET - CONFIDENTIAL
1) Provide a cover letter stating the reasonfir the change of location elf the dispensary,
including a description of how the plans for the proposed dispensary deviate fi-oni, those
provided in your original application and a description oJ'how the proposed location is the
equal to, improved, or better suited than the dispensary location in your original
application.
PDI Medical 111, LLC ("the Applicant") is pleased to petition the Illinois Department of Financial
and Professional Regulation ("the Department") for a change of location. The Applicant intends
to change its location from 1623 Barclay Blvd, (the "Existing Location") to 830-840 N, Milwaukee
Ave. (the "Proposed Location"), Buffalo Grove IL because it will allow the Applicant to better
serve the patients of Buffalo Grove. The Proposed Location has more square footage, which will
allow the Applicant to improve every aspect of its operational layout. Additionally, the Proposed
Location is on a major intersection in Buffalo Grove and will provide patients with better public
access. These changes will make the Applicant's new site Illinois' premier cannabis dispensary.
The Applicant's first priority in changing locations is to better serve Illinois' Medical Cannabis
patients. The Applicant's current footprint at the Existing Location is smaller than the footprint at
the Proposed Location. As a result, the dispensary's retail floor is small and hard to maneuver,
where the Proposed Location will have a more open -floor plan with more access for more patients.
Moreover, the dispensary will have more space for point -of -sale stations ("POS stations").
Second, the Proposed Location will allow for more efficient "back of the house operations"
including storing and accessing inventory, quarantining unusable cannabis product (i.e., waste
destruction), handling cash in secure areas, and training staff. The Applicant's current vault has a
limited capacity to expand, and the new vault will better ensure product availability. The current
"back of house" has a variety of corridors, where the new "back of house" operations will allow
for more streamlined receiving and eradication and vault procedures,
The Proposed Location will address all the issues above. It is close to a major intersection and has
increased traffic. With more square footage, the Applicant will be able to both better serve Illinois
patients and run its operation more efficiently. The Proposed Location will have a limited access
sales floor that can accommodate many more patients than the Existing Location. As a result, the
Applicant will have considerably more POS stations than the current location (up to 16),
dramatically cutting patient wait times. This will allow patients to wait comfortably inside the
building rather than queuing in lines or out the door, The Proposed Location will also have a vault
totaling 600-700 square feet, including receiving and eradication, to ensure product supply for
patients and allow for easier inventory audits by staff. Finally, there will be a dedicated staff office
and break room to afford the staff more workspace, creating case for meetings and storage of
records.
The Applicant has been a reliable source of medical cannabis in Buffalo Grove for years and the
Applicant wants to expand accessibility to affordable medical cannabis for Chicago's growing
number of registered patients, The Applicant's move to a larger building just a few blocks away
from its original location will allow it to better serve Illinois patients and conduct operations in a
safer, more compliant matter, We look forward to discussing our plans with the Department at
your earliest convenience.
(ONFIDINfl I `
I Packet Pg. 212
TRADE SECRET - CONFIDENTIAL
Sincerely,
J sep h alt, 1 n
res7 dent, CRESCOlabs
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I Packet Pg. 213 1
9.A.c
IMPORTANT NOTICE: ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUPPORTING DOCUMENT
Completion of this form Is
necessary for consideration MEDICAL CANNABIS
for licensure In connection
with the Medical Cannabis
Pilot Program Act, 410 iLCS DOCUMENTATION OF PROPERTY OWNERSHIP FOKU130 and 68 IAC 1290.
4. PHYSICAL ADDRESS OF THE PROPOSED DISPENSARY
o. U I If ti. GULIN I 7. ZIP CODE
Buffalo Grove I Lake 60089
8. IS APPLICANT ALSO THE PROPERTY OWNER? YES [R] NO
9. IS THE PROPERTY SUBJECT TO A MORTGAGE? M YES IM NO
By affixing your signature below, you certify you are the owner of the physical address of the property
listed herein, and you know and understand that the above listed entity is applying for a medical cannabis
dispensary with the Illinois Department of Financial and Professional Regulation. You also consent that the
property at the listed address provided herein may be used as a dispensary if the applicant is awarded a
registration by the Illinois Department of Financial and Professional Regulation.
Property Owner Name
773 354 1730
Phone Number
Property Owner Signature Date
Subscribed and sworn to before me this day of , 20
MARNIE L LARSEN
r
Natery P 61io, tata bt II{inoBs
My Commission
March 15, 2021 Notary Public,.
IL486-2111 8114�
Packet Pg. 214
9.A.c
p.. Illinois Department of Financial and Professional Regulation
Diivis,icln of Professional Regulation - Medical Cannabis Unit
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NOTICE OF PROPER ZONING FORM M
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1, BUSINESSAEGAt_ NAME OF APPLICANT
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2. STREET ADDRESS OF THE PROPOSED DISPENSARY" 3, DISPENSARY'S REGISTRY 10
2
830-840 N.. Milwaukee Avenue 27-002
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Buffalo trove Lake 60089
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The applicant is solely responsible for ensuring the proposed location is within district boundaries, is compliant with Section 130(d) and 140 of the Act and is
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in a location that meets minimum zoning requirements. Applicants must not apply with a proposed dispensary address that needs to be re -zoned.
NOTE. if a proposed location is not in a zoning clasification that allows for operation of a medical cannabis dispensary, then the location Is
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non -compliant and your application will be disqualified.
CHECK ALL THAT APPLY
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T. Are there local zoning restrictions specific to a medical cannabis dispensary at the proposed location? Yes Nra
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a, if applicable, is the location of the proposed medical cannabis dispensary in compliance with minimum loc
coning restrictions for medical cannabis dispensaries � Yes Not
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9� If applicable, has the proposed dispensing organization tiled a request with the local zoning authority for a
Yes No
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dispensary use pernittJ'special use permit?
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If a zoning request was filed but has not beenbeenff roved, the zonin determination is expected to be Issued In
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approximately Q DAYS , WEEKS MONTHS (check one)
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10, is the proposed location in compliance with Section 130(d) of the Act' X'','Yes
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Please confirm the boxes 7 to 10 above are true and accurate under the local :zoning ordinance.
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Deputy Village Manager Village of Buffalo Grove
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Title of the Authorized Zoning representative Warne of the Local Jurisdiction
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Christopher Stilling 847- 459-5530
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Section 130(d) of the Medical Cannabis. Pilot Program Act states in pertinent part;
(d) A dispensing organization may not be located wilhin 1,000 feet of the property Dine of a pre-existing public or private preschool or elementary
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or secondary school or day care center, day care home., group day care home, or pail day child care facility. A registered dispensing organizationt
may not be located in a house, apartment, condominium, or an area; zoned for residential use.
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IL 486.235a 11119
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Packet Pg. 215
TRADE SECRET - CONFIDENTIAL
1. Provide a narrative explaining why the proposed location is suitable for public access,
the size and layout promote safe dispensing of medical cannabis, product handling, and
storage. Include detailed plans for handicapped accessible parking and ADA accessibility.
Suitability for Public Access
PDI Medical III, LLC ("the Applicant") is proposing to relocate its business to 830-840 N.
Milwaukee Ave. (the "Proposed Location") and ensures that it is suitable for public access. The
Proposed Location's proximity to a host of healthcare entities that service the same patient
population as the dispensary, such as Northwest Community Medical Group, Presence Health
Care, and several doctors' offices, indicates many patients are already traveling to the area to
receive medical care. These patients will be able to enjoy the convenience of visiting the Proposed
Location to purchase medical cannabis while in the area visiting other healthcare entities.
Safe Dispensing of Medical Cannabis
The Proposed Location's size and layout promote safe dispensing of medical cannabis, and is
a one-story facility with a 2,142 sq. ft. main floor for dispensing operations. The Proposed Location
will feature a 376 sq. ft. waiting room, a 2,142 sq. ft. sales area, 105 sq. ft. of office space, and 56
sq. ft. American Disabilities Act ("ADA")-compliant restrooms. This amount of space allows more
efficient transactions for a high number of patients and will allow staff to more easily monitor
patients and caregivers within the limited access area — creating a comfortable and safe shopping
experience for all patients.
The Proposed Location will include 24/7 video surveillance through the whole premises, the
exterior will be well -lit, and security personnel will remain on premises to monitor foot traffic in -
and -out of the building. Patients and the public will only have access to the building's main
entrance to ensure that all cannabis leaves the building through one area — allowing security
personnel to pinpoint surveillance and safety procedures in those areas. Additionally, with the
change to the amount of space at the Proposed Location in mind, the Applicant has created a
comprehensive safety and security plan included in this application to ensure the care and well-
being of every patient.
Product Handling and Storage
The size and the layout of the Proposed Location promotes safe product handling and storage
while enhancing compliance, safety, and patient satisfaction. The Applicant will install physical
barriers that will prevent public access to areas containing medical cannabis, restricting access to
medical cannabis storage areas. Only staff responsible for controlling inventory will have access
to safes and vaults.
Additionally, no cannabis will be visible to the public from the entry vestibule and/or waiting
areas. Only patients, authorized staff, and authorized visitors (e.g., law enforcement and the Illinois
Department of Financial and Professional Regulation's ["the Department"] representatives) will
have access to the sales area — which will be a separate room with additional security provisions.
Packet Pg. 216
TRADE SECRET - CONFIDENTIAL
ADA Accessibility
To enhance patient accessibility, the Applicant will maintain ADA compliance. The Applicant will
achieve this by integrating a multitude of features that will not only benefit patients with physical
limitations, but also staff, as they too will benefit from thoughtful building design and accessibility.
For example, entrance and exit door hardware will include ADA-compliant automatic door
openers. The building does not require an ADA ramp as there are no grade changes from the
sidewalk to the interior floor. The exterior of the Proposed Location is a city sidewalk and no
landscaping or other changes will be made.
Moreover, the Proposed Location is suitable for public access because it is easily accessible to
patients by way of ADA accessible public transportation methods including bus, vehicle, or
rideshare. The Proposed Location is close to two Pace bus stops, on Milwaukee Ave. and Deerfield
Parkway. The Proposed location will have ample open parking spaces and meet ADA accessibility
requirements for parking during business hours.
Packet Pg. 217
TRADE SECRET - CONFIDENTIAL
2, Pr ovitle a narrative stalement de,xribingqxcic elements inYour plan that willfilvor
the hninecliate coininzenioll aml ivhj,,your o1wralions will negule zin,)) eletrinwnial Imlwer
,9ecuritj� — Loitering, G'i-q1rW, anil,!;itrveillance
As a healthcare resource to residents, PDI Medical III, LIX ("the Applicant") will ensure that its
operations favor the immediate comnlUnity through its professionalism and attentiveness to
cornmUnity concerns, Security personnel onsite will dissuade people Born loitering outside the
building, and the grounds will remain clean aild fi-ee oftrash, Security personnel will continually
monitor the exterior of the building and pathways leading to 830-940 N. Milwaukee Ave, (the
"Proposed Location") for threats. This constant threat assessnient helps guarailtee patients' and
stafrs safety while oil preniises.
The Applicant will also employ stringent groundskeeping procedures in pursuit of keeping an
attractive, business and being a responsible neighbor, Because tile Proposed Location is in a central
business district in a heavily populated area, security personnel will be on alert for graffiti, with a
plan to remain vigilant with as quick detection and inn nediate response plan for the Applicant's
building. Additionally, security I.)ersonnel intend to hold a good rapport with neighbors and, will
report any discovery of new graffiti on neigh bori ng buildings i f necessary.
l'I'xterior video surveillance will add security to both the Applicant's building and the surrounding
community. Because the Applicant intends to operate in a busy area, the Applicant expects high
volumes of traffic outside and around, the exterior ofthe building and is prepared to take extra
security measures, Security personnel will carefully monitor surveillance footage of exterior
sidewalks and adjacent roads. By installing cameras pointing towards the street and sidewalks, the
Applicant can serve as a tetnote surveillance -depot, for the Village and State — if a crime were to
occur in the Proposed Location's proximity, cameras could provide critical evidence to law
entbreement in prosecuting petl)etrators.
Finally, the Applicant is also prepared to address business transparency to help abate C0111111LInity
concern. The Applicant will uphold its ongoing duty to provide Bufflalo, Grove and the Illinois
Department of Financial and Professional Regulation ("the Department") with up-to-date contact
int"ormationand will report all business modifications to the Department within 10 calendar days,
as required by Section 1290,130 of the Department's Rtiles, Those notitications include:
* Array pioposedi•etilodelitig,expaiisioi,i,i-'e(lLictionorother physical, noii-cosmeticalteratioii
of the dispensary; and
a Any change to the principal place of'business address.
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The Applicant will also give back to the community 'by continuing its legacy of philanthropic
initiatives, volunteer campaigns, and other community sponsorship programs in and around
Buffalo Grove. The Applicant has participated in the Lake County Canna Expo, has a partnership
with Sedgebrook Retirement Conimunity, and has participated in the Walk to End Alzheimers.
Packet Pg. 218
TRADE SECRET - CONFIDENTIAL
Mvertisin,g and Harketing
The Applicant will cornply with all Buff"alo Grove ordinances and Illinois laws regulating
advertising, The Applicant will comply with the foHowing provisions, as set forth by Section
1290A55 of the Illinois Administrative Code:
I � Will not advertise within 1,000 feet of the perfineter of a school' grounds, playground,
recreation center or Eacility, childcare center, public park or library, or any game arcade
adniission to which is not restricted to persons age 21 years or older;
2. Will not advertise on or in a Inlblic transit vehicle or Public transit shelter; or
1 On or in as publiely-owtied-oil-operatedprcipetty,
Otlor AINAofion and Consumption on Proper&
The Applicant will provide a sufficient odor absorbing ventilation and exhaust systern so that any
cannabis odor generated inside the business is not detected outside of the location, anywIlere oil
adjacent property or public rights -of -way.
"I"he Applicant will take measures to ensure that cannabis is never constinled at the Proposed
Location and will enforce strict anti -loitering policies, The Applicant will expressly prohibit
C011SUrning cannabis on site as required by Section 1290.300 (m)(2) of the Illinois Department of
Financial and Professional Regulation's ("the Department") hales and will never sell cannabis to
any individual that does not present clear, legible identification and registry documentation as
required by 12900,300 (m)(4) of the Dejmanient's Rules. Additionally, security personnel will
record suspicious behavior, log identities of suspicious individuals, and ban individuals, firorn
accessing the building in the 1.1iture (e.g., Following suspicions activity, attempted theft,
altercations, etc.) if applicable or necessary. By fostering a working relationship with Buffalo,
Grove police, residents, and local businesses, the Applicant intends, to be a true participant in the
community,
I Packet Pg. 219 1
3. Provide a narrative describing changes, zf any, to the Suitability for Public Access
Section provided in your original application.
Security and Floor Plan
PDJ Medical 111, LLC ("the Applicant") intends to move from the current location at 1623 Barclay
Blvd. (the "Existing Location") one and a half miles southeast, to 830-840 N. Milwaukee Ave
Buffalo Grove. (the "Proposed Location"). The size of the Proposed Location distinguishes it from
the Existing Location, which will improve patient access and experience, as well as product
security and regulatory compliance.
The Proposed Location is considerably larger than the Existing Location — the dispensary will have
many features that will enhance patient accessibility and shopping experience, including:
• A larger dispensary floor / retail showroom (2,142 sq. ft.);
• A dedicated door for patients to exit, allowing patients to leave in a timely mariner; and
• More than 15 point -of -sales stations ("POS stations").
The size of the retail showroom (where patients can select available products) will allow the
Applicant to add over 10 additional POS stations to process patient transactions, The Existing
Location accommodates less than five POS stations., and the Proposed Location will accommodate
over 15 POS stations to prevent queueing outside and dramatically cut wait times.
The Proposed Location will provide patients with more availability for patient consultations.
Currently, the Existing Location has a complicated floor plan that makes it difficult to serve
patients efficiently. The Proposed Location will have a more open floor plan with a more
streamlined process for patients to move through the -facility.
The additional space will allow improvements to security in restricted access areas like the vault,
cannabis handling areas, cashier and dispensing areas, and storage/operational areas. At the
Existing Location, cannabis is stored in the vault for patient care specialists to pick up and hand to
patients at the counter. At the Proposed Location, medical cannabis will be dispensed directly to
employees at a door from the counter to the vault, creating a more streamlined inventory movement
will provide greater accessibility because staff can spend more time with patients, rather than
accessing or looking for inventory for sales.
ADA changes
Additionally, the dispensary will accommodate people with disabilities by having a design aimed
at accessibility and compliance with the American Disabilities Act ("ADA"). The Proposed
Location will have at least one ADA-compliant POS station and will have two 56 sq. ft. ADA-
compliant bathrooms, The Applicant will -first remove any barriers that may exist from the
structure; then it will retrofit, or otherwise construct new facilities to provide access to customers
with disabilities,
Packet Pg. 220
TRADE SECRET - CONFIDENTIAL
Public transportation
The Proposed Location is on a more well -trafficked intersection and is more accessible to patients
using Pace for transportation — multiple Pace stops are considerably closer to the Proposed
Location which will cut the walking time.
("ONflPiENI"'l, I
I Packet Pg. 221 1
Deerfield Parkway and Milwaukee Avenue
1. Provide a location area map of the area surrounding the proposed dispensary, extending a
,ninimum of 1,000 feet from the proposed dispensary property line in all directions. Clearly
identifying the existing adjacent businesses or residences.
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'. Demonstrate that the property line of the proposed dispensary is not located within 1,000 feet of the property line of
a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group
day care home or part day child care facility identified in Section 130 of the Act.
The closest school is located more than I mile from the proposed location.
I Packet Pg. 224 1
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Demonstrate that the property line of the proposed dispensary is not located within 1,000 feet of the property line of
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day care home or part day child care facility identified in Section 130 of the Act.
The closest day care is located more than 1,500 feet from the proposed location.
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Packet Pg. 245
1, Narrative of how the proposed dispensary location complies with the local zoning
orclinance or rules.
PDI Medical, LLC ("the Applicant") is requesting the Illinois Department of Financial and
Professional Regulation's (the "Department") permission to relocate its dispensary from 1162
Barclay Blvd, (the "Existing Location") to 830-840 N. Milwaukee Ave., Buffalo Grove (the
"Proposed Location")
Zoning
The Proposed Location is zoned B3 (Planned Business Center District, Buffalo Grove's Zoning
Ordinance allows or a medical cannabis dispensary to operate in a B3 zone.
Location Compliance
Additionally, this Proposed Location is compliant with Sections 130 (d) and 140 of the Medical
Cannabis Pilot Program Act (the "Act"), In accordance with Section 130 (d) of the Act, the
property is located more than 1,000 ft. from the property line of any pre-existing public or private
preschool, elementary or secondary school, day care center, day care home, group day care home,
or part day child care facility, as depicted on the attached maps. In order to ensure that the Proposed
Location was compliant, the Applicant searched publicly available resources and utilized third -
party services to determine distance from the applicable sites,
Permitting
The Applicant will apply for a special use permit with the Village of Buffalo Grove by November
4, 2019 and has engaged zoning counsel to assist with ensuring all zoning compliance.
I Packet Pg. 246 1
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TRADE SECRET - CONFIDENTIAL
1. Provide a narrative ofthanges, ij'any, to the type of'surveillance system that mill be
installed, controls used to monitor and secure the premises, agents, patients, caregivers,
currency and measures that will prevent the diversion, theft or loss of cannabis and
currency previously provided in your original application.
Changes to Surveillance
PDI Medical 111, LLC ("the Applicant") already employs robust security and surveillance systems
at 1623 Barclay Blvd. (the "Existing Location"), and the procedures at 830-840 N. Milwaukee
Ave., Buffalo Grove (the "Proposed Location") will remain consistent with those policies and
protocols. The primary change to the plan is the layout and the placement of security equipment.
For details related to equipment placement, see the facility floor plan and the security equipment
overlay, included with this application.
The Applicant will install the following new equipment to enhance the surveillance system at
the Proposed Location:
The Proposed Location will be larger than the Existing Location, which means there are more
surfaces and areas that require surveillance,
A
Packet Pg. 249
TRADE SECRET - CONFIDENTIAL
Diversion and ThqftlLoss
The Applicant understands that the area in which it intends to operate has a high volume of visitors
every day. The Applicant has the experience to accommodate this type of traffic and has an
excellent track record of preventing diversion through established policies and protocols. The
Applicant will advance this legacy by ensuring the same standard is achieved at the Proposed
Location, Several security features that the dispensary employs at the Existing Location will
continue to assist in preventing crimes and unaccounted medical cannabis. Employees will
continue to receive orders from cultivation centers in teams of at least two, and all inventory will
remain traceable in the Applicant's inventory control system. Manual logs, which employees will
store in a secure location, will create inventory tracking redundancy.
Additionally, by installing a combination of conspicuous and inconspicuous cameras throughout
the interior and around the exterior of the building, the Applicant will help prevent theft and other
crimes. Constant video surveillance of the exterior of the receiving area will further deter
unauthorized individuals from loitering around the rear entrance of the building where shipment
receiving will occur. Signs that notify individuals that the premises is under 24/7 video surveillance
will help dissuade criminal activity.
Controls used to Monitor and Secure the Prendses, Agents, Patients, Caregivers, and Currency
Consistent with the Existing Location, the Proposed Location will continue to fleature restricted
access areas, which onsite security personnel or designees will monitor during business hours.
Door release buttons and keycard entry points will prevent unauthorized entry. An integral upgrade
rrom the Existing Location is a streamlined layout that is conducive to keeping back -of -house
operations away from patients. Limited access areas are designed so all areas that patients can
access are connected and removed from inventory processing, office administration, and currency
handling.
Additionally, moving to the Proposed Location will benefit the dispensary's receiving and
transportation security because authorized employees will have streamlined access to secure
storage areas, which will minimize the duration of delivery processing. This will result in more
discrete operations than currently possible at the Existing Location through the utilization of a
restricted access receiving area.
iou�
Packet Pg. 250
TRADE SECRET - CONFIDENTIAL
1. Provide a near ral.ive describing changes,, if any, to the Product Security Section
provided in your original application.
PDI Medical 111, LLC's ("the Applicant") security plans will remain compliant with all applicable
laws and regulations relating to medical cannabis dispensaries, including all applicable provisions
of the Illinois Administrative Code, Title 68, Section 1290.4 10. The Applicant's security protocols
reflect a combination of the Illinois Department of Financial and Professional Regulation's ("the
Department") rules and the previous management experience of the Applicant.
Exterior Changes
The Proposed Location's security plan and its functionality will remain consistent with the
Existing Location, specifically in the following areas:
Interior Changes
The Proposed Location's security plan and its functionality will remain consistent with the
Existing Location, specifically in the following areas:
ThefilLoss
The Applicant will continue to strictly control shipment receiving procedures. The layout of the
Proposed Location will greatly enhance these procedures. A larger space will allow employees to
better organize shipments of medical cannabis and verify all manifests from cultivation centers out
of view from patients. As is the policy at the Existing Location, before accepting medical cannabis
products, a manager or designee will examine the following aspects of manifests to ensure
compliance and accuracy:
The estimated time of arrival of delivery;
The route of the authorized delivery;
Packet Pg. 251
0 'I"he type of product;
0 The amount and/or weight of product being delivered; and
0 The time the originating cultivation center Submits the manifest to the Department.
The Applicant will continue to immediately review any instance of theft/loss and take appropriate
actions to investigate the cause of all incidences. Security personnel will gather the following
inflonnation during investigations and will use it to refine policies and procedures to prevent
reoccurrence:
• The nature of the incident (time, location, date, parties affected);
m Amount and type of item/product lost or stolen;
• Circumstances surrounding the loss or theft;
• The date the loss or theft was discovered;
• The person who discovered the loss or theft;
• The person responsible for the loss or theft (if known); and
• Any other information that the reporter believes is helpful in establishing the cause of the
loss or theft.
Additionally, the Applicant will report all instances of theft or loss to the Department in accordance
with the Department's rules and regulations.
Visitors
The Applicant will continue to strictly limit the amount and type of visitors to the Proposed
Location, Currently, the Department must receive a 24-hour notice prior to a planned visit of any
visitor other than employees, patients and caregivers. The request includes, and will continue to
include until further notice from the Department:
• The name of the dispensing organization requesting the visit;
• Name of the visitor;
• Reason for the visit; and
• The date and time of the proposed visit.
The Applicant will continue to employ the strict access controls in place at the Existing Location,
which includes only authorized individuals will have access to the Proposed Location, including:
e A person employed by the Applicant licensed to work in and/or visit the Proposed
Location;
m A patient who holds a valid identification and registry card;
• The designated caregiver of a patient who holds a valid registry card;
• State inspectors; and
® Illinois State Police,
The Applicant will continue to retain visitor logs for five years and will keep surveillance
recordings for 90 days. The Proposed Location will also have an electronic backup system for all
electronic records. The Applicant will keep a current list of authorized employees and service
employees or contractors who have access to any security and surveillance -storage areas, Access
Packet Pg. 252
to rooms containing security and surveillance monitoring equipment will remain accessible only
to essential persons maintaining security and surveillance operations.
Chain -of -Custody
The Applicant will enhance product security by relocating its dispensary ftom 1.623 Barclay Blvd.
("the Existing Location") to 830-840 N. Milwaukee Ave., Buffalo Grove. ("the Proposed
Location"). The Proposed Location provides great efficiency with respect to receipt of product,
The Proposed Location will have a more streamlined layout to allow for faster, safer, more
efficient, and discrete transfers of product. Procedures related to receipt -of -product will remain
consistent with current operations at the Existing Location, but the new layout will enhance the
effectiveness of these procedures — after receiving product from cultivation centers, dispensary
employees can proceed efficiently to a locked, fully enclosed vault.
I Packet Pg. 253 1
TRADE SECRET - CONFIDENTIAL
1, Provide a narrative of'any changes in the receipt/delivery process described in the
Shipping/Transportation Security Measures Section previously provided in your original
application.
Product .Delivery
PDI Medical III's ("the Applicant") security plan for receipt/delivery of cannabis products will
remain consistent with the Applicant's current procedures and protocols at 1623 Barclay Blvd.
(the "Existing Location"). The primary change to the Applicant's security plan is its layout, which
will enhance the Applicant's current operations and allow for greater security, product control, and
surveillance. The 830-840 N. Milwaukee Ave., Buffalo Grove location (the "Proposed Location")
is larger and has a streamlined layout for easy storage access. The Applicant will continue to
process inventory consistent with current standard operating procedures ("SOPs"), which the
Proposed Location's new layout will enhance.
Transportation security measures and shipping/receiving protocols reflect a combination of the
Illinois Department of Financial and Professional Regulation's ("the Department") Rules and the
previous management experience of the Applicant. The Applicant has an excellent track record of
receipt/delivery process compliance at the Existing Location and the Proposed Location will
advance compliance even further. Allowing the Applicant to move from the Existing Location to
the Proposed Location will advance the security of receiving areas because there will be more
space to operate and allow for greater discretion in accepting deliveries. The policies and protocols
related to receiving medical cannabis products will have a greater effect because of enhanced
product security and a streamlined layout.
The name(s) of the authorized delivery agents and estimated arrival time;
The name of the cultivation center making the delivery; and
The year/make/model/color of the vehicle used by the authorized delivery company.
I Packet Pg. 254 1
The Applicant will use the same inventory tracking systems that it currently employs, which will
simplify the transition to the Proposed Location. The Applicant will continue its established
receipt/delivery policies related to accepting and rejecting deliveries from cultivation centers. One
policy that relocating the dispensary will enhance is the "buddy system," where employees will
not accept shipments alone. Working together with at least two (2) employees, the Applicant will
verify the contents of each delivery and compare counts against the manifest. 'Fhis policy helps
secure product, makes operations easier, and prevents diversion. If inventory shipments do not
match information on manifests, employees will reject the shipment and document the reasons for
not accepting the cannabis products into the dispensary's inventory. An advantage of having at
least two employees present for receiving shipments is that one employee can review the
transferring of custody while the other files paperwork and does hands-on transferring activities,
The Proposed Location's larger room for receiving activity helps prevent diversion, increases
accuracy in counting/weighing product, and quickens the transfer of product. Additional security
personnel will be onsite to assist in receiving, including supervising the door used for receiving
products, patrolling the alleyway during a delivery, and monitoring delivery activities via video
surveillance.
As required by Section 1290.400 (e), and consistent with the Applicant's current receipt/delivery
procedures at the Existing Location, upon medical cannabis delivery, the Applicant will confirm
the product's name, strain name, weight, and identification number on the manifest matches the
information oil the medical cannabis product label and package. The listed product name and the
weight in the State verification system must match the product packaging. The Existing Location
has limited tables and other spaces staff could utilize to make product verification easier, The
Proposed Location will allow for better organization and more efficient receipt processing by
having more space for inventory order processing and a streamlined layout allowing for easy
access to storage areas (i.e., the product vault).
Employees will process receipts consistent with the Applicant's current operations at the Existing
Location. At the Proposed Location, after physically receiving product, employees will confirm
all receipt of products from cultivation centers in the exclusive, restricted access receiving area. A
manager or designee will verify the contents of the delivery in the presence of the delivery driver,
then switch places with the other present employee and supervise them counting the contents. This
process produces the necessary redundancy in inventory tracking so counts are accurate before
processing the inventory into the inventory tracking system. The Proposed Location's layout will
allow for employees from both the dispensary and the cultivation center to view all inventory in a
private area and confirm the contents of all packages. Then, consistent with the Applicant's
existing delivery policies, each party will sign the manifest, which documents the confirmation or
rejection of the delivered products. If there are discrepancies, the manager or designee will
immediately contact the cultivation center to resolve the discrepancy, or if necessary, send the
product back to the cultivation center with the delivery employee. The Proposed Location can
better facilitate this level Of Communication because of the size of the receiving room and the
I Packet Pg. 255 1
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Good inventory policy begins by having the security infrastructure to quickly and efficiently
handle transfers in custody, including transporting products to -and -from the vault. The Existing
Location's space and layout prevents efficient inventory processing because there is limited space
The Applicant will continue its established policy of monitoring the complete chain -of -custody
process from cultivation center to the dispensary. The Applicant currently employs, and will
continue to employ, security protocols for operating the inventory control system and accessing
restricted access areas, such as the product vault and limited access areas and the receiving area.
Consistent with the Applicant's current receipt/delivery process, a manager or designee will
immediately record all new inventory into BioTrackTHC and store inventory in the locked product
vault. The shorter walking distance between the receiving area and the product vault at the
Proposed Location will dramatically reduce the time medical cannabis is out of secure storage.
Recor(lkeeping
The Applicant will continue to store all delivery information in the inventory tracking system,
including the types and volume/units of cannabis in the order, the estimated arrival time for the
delivery, the authorized delivery route, the delivery driver(s) and vehicle information, As part of
receiving medical cannabis from licensees, the Applicant keeps, and will continue to keep, all
manifest(s) neatly organized in a secure storage room for easy access.
The Applicant also has a plan to accommodate increased dispensary traffic that may come as a
result of the larger space and new location. The number of qualified patients continues to grow,
and the Applicant will benefit from a larger space to accommodate more inventory and higher
volumes of patients. Finally, the Applicant has plans to quadruple the number of point -of -sale
("PUS") systems currently in use at the Existing Location. The Proposed Location will provide
more transportation safety and product control while enhancing dispensing operations and
reducing wait times for patients.
I Packet Pg. 256 1
9.A.d
12/18/2019
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE
VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON WEDNESDAY, DECEMBER 18, 2019
Call to Order
The meeting was called to order at 7:30 PM by Chairman Frank Cesario
Public Hearings/Items For Consideration
1. Consider a Special Use Pursuant to the Applicable Sections of the Buffalo Grove
Municipal Code for an Adult -Use Cannabis Dispensary, Which Includes a Medical
Cannabis Dispensary, in the B3 Planned Business Center District at 830-840 Milwaukee
Avenue (Trustee Johnson) (Staff Contact: Chris Stilling)
Mr. Shapiro was sworn in and described the petitioner's application request for a Special
Use pursuant to the applicable sections of the Buffalo Grove Municipal Code for an
Adult -Use Cannabis Dispensary, which includes a Medical Cannabis Dispensary in the B3
Planned Business Center District. Mr. Shapiro spoke specifically about the details of their
request and the conditions provided by staff in the staff report, which they intend to
meet.
Mr. Sullivan was sworn in and briefly provided a history on Cresco Labs and PDI Medical
and their brand. Mr. Sullivan spoke about the highly regulated environment in which
they operate in as well as the high standards they hold themselves to and noted that
there have been zero instances of illegal sales.
Mr. Doron was sworn in and discussed the traffic analysis that was performed in 2016 as
part of the Woodman's project as well as the parking study which was performed in
November of 2019.
Mr. Shapiro turned to the staff report and summarized the standards. He noted that the
new space will provide better operations and spoke as much as possible about the
security as it relates to the layout of the facility as well as the product.
Com. Goldspiel asked the petitioners to explain the wellness aspect they intended to
focus on.
Mr. Sullivan replied with examples.
Con. Worlikar asked the petitioners about parking and store capacity.
Mr. Sullivan replied that there is a one-on-one experience with each patron that enters
the store.
Mary was sworn in and provided detail of the retail area and the waiting area for those
purchasing adult -use cannabis.
Com. Worlikar asked the petitioners if they had any concerns with parking or the store.
Mr. Sullivan replied none.
Com. Worlikar asked if the petitioners had plans to evaluate parking if there are any
issues and asked if any additional signage was required.
Packet Pg. 257
12/18/2019
9.A.d
Mr. Doron replied with the details of the parking study and the number of spots
available.
Com. Richards asked the petitioners if they had spoken with any of the neighboring
tenants.
Mr. Sullivan replied no, they have not spoken with any of the neighboring tenants,
however, they have been notified via the public hearing notice. They have not received
any concerns.
Com. Moodhe asked the petitioners about windows, signage, and door security.
Mr. Sullivan replied that the windows will be frosted with no signage and a buzzed door
system for security.
Com Moodhe asked the petitioners to provide detail on the layout of the facility on
packet page 55.
Mr. Sullivan replied with detail how the transaction of the product will take place as it
relates to both patrons who will be purchasing medical cannabis verses those who will
be purchasing adult -use cannabis.
Com. Moodhe asked the petitioners about their camera system and if the Buffalo Grove
Police Department would have access to them.
Mr. Sullivan responded that the cameras archive up to 90 days and will provide the
Buffalo Grove Police Department with any recordings they may need.
Mr. Stilling, Deputy Village Manager, spoke briefly on the terms of the host agreement
as it relates to surveillance video access.
Com. Moodhe asked about their plan for monitoring consumption control.
Mr. Sullivan replied that they internally have a loitering policy which will be enforced to
provide a safe environment.
Com. Moodhe asked Deputy Police Chief if PDI has had any issues they should be aware
Of
Mr. Eisenmenger, Deputy Chief of Police, replied that they have had no issues with PDI's
current medical facility.
Com. Moodhe asked if their security staff has been helpful.
Mr. Eisenmenger replied yes. They took a tour of their facility and opened up all of their
cameras and provided their procedures.
Com. Moodhe asked if he would say that their staff is professional.
Mr. Eisenmenger replied 1 would.
Com. Cohn asked the petitioners when they identified their new location.
Mr. Sullivan replied that the location was identified a couple of months ago.
Com. Cohn asked if it had been brought to their attention that there is a medical facility
called Attention to Wellness office nearby.
Mr. Sullivan replied yes, it was brought to their attention by staff.
Packet Pg. 258
12/18/2019
9.A.d
Com Cohn asked if that was brought to their attention before or after they had identified
the site.
Mr. Sullivan replied that it was brought to their attention after they identified the site.
Com. Cohn asked if the petitioners were aware that Mr. Lubchenko's office is less than
1000 ft. from the proposed Adult -Use Cannabis facility.
Mr. Sullivan replied yes.
Com. Cohn asked when they become aware of the Village's Ordinance that outlines the
1000 ft. buffer to any medical or treatment facility within the Village of Buffalo Grove.
Did you decide since it wasn't within Buffalo Grove, that it didn't matter?
Mr. Sullivan replied that they measured the buffer of 1000 ft. from their facility within
the Village of Buffalo Grove. He noted once more that he become aware of that facility
two days prior to the meeting.
Com. Cohn asked why the 1000 ft. buffer was put into the Village's Ordinance for
facilities like Mr. Lubchenko's.
Mr. Sullivan replied that the Village approved that condition to mirror what the State
Medical Dispensary law back in May of 2014, which was then taken out of the Adult -Use
Cannabis law and left it up to local governments to decide.
Com. Cohn went though some of the Special Use criteria, specifically, criteria number 1
and 3 in the staff report. He asked the petitioners how they reconcile the 1000 ft. buffer
to that of those criteria with such facilities nearby.
Mr. Shapiro replied explaining the interpretation of the ordinance and the buffer
requirements within the Village of Buffalo Grove for drug treatment centers, and
discussed what is or is not a drug treatment center. Discussed the difference between
OMNI Youth and the Therapy facility that provides drug counselling and other services.
As for as reconciliation, he believes there is none because it is not within the Village of
Buffalo Grove.
Com. Cohn asked about the concerns that were outlined in Mr. Lubchenko's letter about
his patients who are getting treatment for drugs that will be less than 100 ft. from an
Adult -Use Cannabis Dispensary. He asked what their response is to that.
Mr. Shapiro replied that he believes that his concerns are sincere and come from the
heart. They are not being dismissive of his concerns, but reconciliation is that the facility
is not within the Village of Buffalo Grove as outline in the Village's adopted ordinance for
Adult -Use Cannabis.
Com. Cohn asked if anyone has talked to Mr. Lubchenko's about his concerns for the
proposed facility.
Mr. Sullivan replied no, but would be happy to sit down. He explained that the staff is
trained to recognize addiction and if there were any concerns of that they would refer
them to someone to help them with that. They are not blind to that issue.
Com. Weinstien asked staff is Attention to Wellness was in unincorporated and if Buffalo
Grove ever wanted to annex that property, if it would be a problem.
Mr. Stilling replied that it is in unincorporated Deerfield and that it would not hinder the
Village from annexing the area in the future if that ever came to be.
Packet Pg. 259
12/18/2019
9.A.d
Com. Weinstien commented on Commissioner Cohn's statement regarding Mr.
Lubchenko's office and the Village Ordinance as he was concerned with that also.
However, he noted that when he went on to Mr. Lubchenko's website and viewed his
services, it is not clear that it is a drug treatment center though it does list drug
counseling as one of their services along with Marriage and Adult counseling and more.
It was not clear that this facility meets the interpretation of the Village's Ordinance.
Com. Weinstien asked about who receives the Public Hearing notices, the tenant or the
property owner.
Mr. Stilling replied that the notices go to the property owner. The sign outside the
property does provide notice to the tenants nearby. Additionally all property owners in
and outside of the Village are notified within 250 ft. no concerns were brought to their
attention.
Com. Richards asked the petitioners if they have a plan for the rush that might occur on
January 1 similar to what happened in Michigan on December 1 when they legalized
Adult -Use Cannabis.
Mr. Sullivan replied that January 1 will be crazy, however, their location will not be open
and will miss the rush. They most -likely won't be open for a few of months. The
downside, other municipalities will gain revenue.
Com. Richards asked if we grant the license, can they operate at their current location.
Mr. Stilling replied no, the permit is site specific. If they wanted to operate with Adult -
Use Cannabis at their current location, they would have to come back to the Commission
and the Village Board.
Com. Khan asked Mr. Stilling if the medical facility was within Buffalo Grove, would they
be able to operate at the subject property.
Mr. Stilling replied that he cannot answer that questions because it is not applicable to
the current situation. Specifically, the ordinance with the added verbiage of 1000 ft. had
OMNI Youth in mind and other facilities that solely treat drug addiction.
Com. Khan noted that he is uncomfortable with the distance and changes it for him. He
asked if those who wanted to participate in Adult -Use Cannabis if they needed a doctor's
note and if those working at the facility had a medical background.
Mr. Sullivan replied that a doctor's note is not needed forAdult-Use Cannabis, but
individuals should speak with their doctor. The staff is training per State law and they
also have a medical board.
Com. Khan asked what kind of certificates or licenses they have.
Mr. Sullivan replied with details of their training program, which is provided to the State
and is vetted extensively by former pharmacists.
Mr. Shapiro replied that they have to provide several documents for their license to the
State as well as the Local body.
Chairperson Cesario asked the petitioners if they are aware of the 13 conditions.
Mr. Shapiro replied yes.
Com. Cohn asked staff to clarify zoning regulations
Packet Pg. 260
12/18/2019
9.A.d
Staff responded with an explanation of zoning regulations
Com. Goldspiel spoke briefly about their planning responsibility and believes that the
physiotherapy facility should be included.
Mr. Stilling replied that the facility is outside of the Village of Buffalo Grove.
Com. Worlikar asked the petitioners to clarify the license the employees have.
Mr. Sullivan replied they have a facility license and every employee also has a State
license and must be renewed each year.
Chairperson Cesario entered the staff report as exhibit one, the slide as exhibit two, and
the email provided before the meeting as exhibit 3.
PUBLIC COMMENT:
Jamie Epstein asked the Commission to think about their neighbors and Mr. Lubchenko's
office nearby.
Dennis Lubchenko discussed the issues he has seen arise in his practice from Marijuana.
Chairperson Cesario asked Mr. Lubchenko if they Village allows this use at the location,
what would be his response.
Mr. Lubchenko replied he is unsure, he will be listening to his clients so see if he has to
move or not.
Chairperson Cesario asked Mr. Lubchenko if being near gas stations that sell liquor or
liquor stores has been an issue for his clients who are struggling with alcohol addiction.
Mr. Lubchenko said there was one scenario where a wife called after her spouse came
home, telling him the client stopped at the liquor store after his meeting.
Kosho, 20882 Ash Street Deerfield, commented on the area and the use of cannabis. He
believes it should not be at that location.
Katerina, 20882 Ash Street Deerfield, commented on the close proximity to the
residential area and noted that the facility should not be that close to homes.
Com. Khan asked the petitioners where the licenses come from that the employees have.
Mr. Sullivan went over the vetting process of the State and the State requirements. The
license is called an Agent Card and is renewed each year by the State.
Com. Khan commented on the medical school doctors have verses the employees who
receive a little more of 8 hours of training to provide advice on what cannabis they
should be using to help with sleeping issues. He also noted that the subject facility is next
to a Starbucks and T-Mobile, near teenagers.
Mr. Sullivan replied with details and explanation on their Medical Board and medical
advice is not what he would describe they provide.
Mr. Didech, State Representative, commented on the State bill and discussed that they
will be listening during 2020 to make any changes necessary to the bill.
Mr. Shapiro thanked the Commissioners for their time.
The Public Hearing was close at 9:22 PM
Packet Pg. 261
12/18/2019
9.A.d
Com. Weinstein made a motion to approve a Special Use for an Adult -Use Cannabis
Dispensary, which includes a Medical Cannabis Dispensary in the B3 Planned Business
Center District at 830-840 Milwaukee Avenue, subject to the following conditions:
1. The special use for a cannabis dispensary is granted to PDI Medical lll, LLC, for the tenant
space at 830-840 Milwaukee Avenue and shall substantially conform to the documents
and plans submitted as part of the petition. The special use shall not be transferable or
assignable and does not run with the land.
2. The hours of operation shall be limited to 9AM to 10PM Monday - Sunday, except as
may be approved by the Village.
3. All exterior signage associated with the proposed Cannabis Dispensary located at 830-
840 Milwaukee Avenue shall be in compliance with the Sign Regulations established in
Chapter 14 of the Code of Ordinances, Ordinance 2016-65 and State Statute. In addition,
no exterior signage or window signage shall use the word "marijuana," "cannabis," or
any other word, phrase or symbol commonly understood to refer to marijuana or
cannabis.
4. The display of merchandise and/or products related to cannabis shall not be visible from
the exterior of the building.
5. Prior to the issuance of a certificate of occupancy, the final security plan shall be
reviewed and approved by the Chief of Police.
5. Other than cannabis -infused food products, no adult -use cannabis dispensary shall also
sell food for consumption on the premises in the some tenant space.
7. Any consumption, including but not limited to sampling or offering samples, of cannabis
or cannabis infused products shall be prohibited within the dispensary and on the
premises. The dispensary shall be responsible for enforcing the prohibition of on -site
consumption of cannabis under all circumstances inside and outside the dispensary and
on the premises.
8. PDI Medical Ill, LLC, may not conduct any sales or distribution of cannabis other than as
authorized by State Statute.
9. PDI Medical Ill, LLC, shall file an affidavit with the Village affirming compliance with
Section 17.28.80 as provided herein and all other requirements of State Statute.
10. Any violation of the conditions associated with this special use ordinance and the
Buffalo Grove Municipal Code could result in penalties including but not limited to the
revocation of the special use.
11. In addition to all other required security measures, PDI Medical III, LLC, agrees that the
Village may conduct random unannounced compliance checks of its operations at 830-
840 Milwaukee Avenue.
12. PDI Medical Ill, LLC shall enter into a Development and Operating Agreement in a
manner acceptable to the Village.
Com. Moodhe seconded the motion.
Chairperson Cesario commented on the special use application and the job of the
Planning and Zoning Commission. The other thing the Commission has in their minds is
Attention to Wellness. Attention to Wellness is outside the Village and that even if it was
within the Village, it may not fit the conditions within the ordinance.
Packet Pg. 262
12/18/2019
9.A.d
Com. Weinstein spoke in favor of the special use as it conforms to the Village Ordinance
previously approved by the Commission and the Village Board.
Com. Khan spoke about a personal experience and believes that the facility it too close to
Attention to Wellness and too close to Starbucks and T-Mobil where teenagers hangout.
He will not vote to approve the special use.
Com. Goldspiel Spoke in opposition and believes the special use does not meet criteria #3
which will impact Attention to Wellness.
Com. Cohn spoke in opposition of the special use for the reason that it does not meet
criteria #1 and #3 which he believes should not end at the Village limits and thus include
Attention to Wellness.
Com. Richards spoke in opposition of the special use. He thanked the petitioners for their
time in explaining their business. He believes that Attention to Wellness is too close to
the subject property and to be good neighbors his is not in favor.
Com. Moodhe spoke in favor of the special use and believes it conforms to the Village's
Ordinance that has already been approved by both the Planning and Zoning Commission
and the Village Board.
Com. Worlikar spoke in favor of the special use. He noted that the Commission and the
Village Board both had OMNI Youth in mind and that Attention to Wellness does not fit
the criteria as a drug treatment facility.
RESULT: REFERRED [4 TO 4]
AYES: Adam Moodhe, Frank Cesario, Mitchell Weinstein, Neil Worlikar
NAYS: Matthew Cohn, Stephen Goldspiel, Zill Khan, Kevin Richards
ABSENT: Amy Au
Regular Meeting
None.
None.
None.
Other Matters for Discussion
Approval of Minutes
Planning and Zoning Commission - Regular Meeting - Dec 4, 2019 7:30 PM
RESULT: ACCEPTED [UNANIMOUS]
AYES: Moodhe, Cesario, Cohn, Goldspiel, Khan, Weinstein, Worlikar
ABSENT: Amy Au, Kevin Richards
Chairman's Report
Committee and Liaison Reports
Staff Report/Future Agenda Schedule
Packet Pg. 263
12/18/2019
9.A.d
Mr. Stilling talked about the 2020 meeting Calendar and cancelled the January 1 Planning and
Zoning Commission meeting.
Public Comments and Questions
None.
Adjournment
The meeting was adjourned at 9:22 PM
Chris Stilling
APPROVED BY ME THIS 18th DAY OF December , 2019
Packet Pg. 264
9.A.e
Christopher Stilling
Subject: FW: Concern for Marijuana Dispensary Location in Buffalo Grove
Subject: Concern for Marijuana Dispensary Location in Buffalo Grove
Dear President Sussman and Buffalo Grove Trustees,
By way of introduction, I am a pediatrician in the community having served thousands of Buffalo Grove residents in my
25 years in private practice. In addition, I am the Chairperson of the Board of Managers of PediaTrust, the largest
independent pediatric practice in Illinois. As a founding member of Stand Strong Coalition, I co-chair the marijuana
committee.
It has recently come to my attention that you plan to approve the location of a marijuana dispensary in the Shops of
Buffalo Grove development. I also understand that the ordinance adopted by Buffalo Grove forbids the location of a
marijuana dispensary within 1000 feet of an addiction treatment facility. It appears that this dispensary will be located
within 1000 feet of Attention to Wellness, a psychotherapy group practice, that focuses on the treatment of addiction.
While Attention to Wellness is technically not located in Buffalo Grove, the dispensary location will most certainly
compromise the intent of the ordinance.
Whereas, approximately 85% of all youth in addiction treatment are treated for marijuana addiction, there are some
youth who are candidates for outpatient treatment. Attention to Wellness, located at 1020 Milwaukee Avenue in
unincorporated Deerfield, is one of the only sites in the north and northwest suburbs where physicians like our 70
clinicians in PediaTrust, are able to refer our patients with marijuana use disorders and addiction. It is unconscionable
that you would approve a location that undermines an ordinance established for good reason.
If you are not aware, marijuana addiction is one of the hardest addictions to treat. There is no medication assisted
therapy for this addiction, like opioid addiction, and the drug itself impairs the motivation center in the brain, reducing
one's ability to successfully start the process of treatment. Locating a dispensary at a site where a patient seeking drug
addiction treatment would need to drive past a store selling their addiction hardly seems acceptable to patients or their
families. It is unlikely that pediatricians will knowingly send patients for addiction treatment to a site adjacent to a
marijuana dispensary.
I urge you to reconsider your plans and consider the destructive impact of permitting a marijuana dispensary in a
location that essentially shares a parking lot with an addiction treatment facility. This decision will not only interfere
with our ability to treat our patients (the adolescent and young adult residents of the community you serve) with
substance use disorder, but it will also negatively impact the practice of one of our only sources for treatment in the
area.
Sincerely,
Susan Sirota, MD, FAAP
Susan Sirota, MD, FAAP
Assistant Professor Clinical Pediatrics, Northwestern University Feinberg School of Medicine
Chair, PediaTrust, LLC
Pediatric Partners
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9.A.e
Christopher Stilling
Subject:
FW: Dispensary Location Concerns
Subject: Dispensary Location Concerns
Dear President Sussman and Buffalo Grove Village Trustees --
My name is Dennis Lubchenko and I am the founding member and President of Attention to
Wellness, Ltd, a group psychotherapy practice specializing in addiction treatment in the northwest
suburbs of Chicago. Our practice has four therapists and in 2020 we expect to have 3,000
appointments. We are located just south of the intersection of Milwaukee Avenue and Deerfield
Parkway. My address is 1020 Milwaukee Avenue, Deerfield, but I am technically in the
unincorporated area of Deerfield. Most importantly, I am within 1,000 feet of the proposed location of
the Cresco Labs/PDI dispensary in Buffalo Grove.
I have worked for nearly 20 years extensively in the field of addiction, beginning with a Drug and
Alcohol Counselor with the Gateway Foundation from 2001 to 2008. As a result of my experience in
mental health and substance abuse counseling, I have built a strong practice focusing on addiction
treatment in our area and have more than 1,900 therapy sessions this
year. I specialize in treating marijuana addiction and have built a reputation due to my experience, as
well as the fact that very few counselors specialize in marijuana addiction treatment in our area. I am
the go -to counselor for the Lake County probation officers as well as the local school districts,
including Stevenson High School and Buffalo Grove High School. Attention to Wellness serves many
residents of Buffalo Grove.
I recently learned that the proposed site for the new recreational marijuana dispensary in Buffalo
Grove is in the Shops of Buffalo Grove Development. I am writing today to share with you how
terrible it will be for my patients if Sunnyside Dispensary shop opens in this location. Thank you in
advance for your consideration of my concerns for the well-being of my patients.
While I have treated patients addicted to heroin, cocaine, and alcohol, my colleagues and I find that
treating a patient with marijuana use disorder is often harder than treating patients addicted to any of
these other, often perceived, scarier substances. This is because there is no medication I can
provide to these patients to help them overcome their addiction and, perhaps more importantly, my
colleagues and I have a difficult time convincing patients addicted to marijuana that the marijuana is a
problem. People addicted to marijuana buy into the falsehoods that the marijuana industry sells them-
-that marijuana is not harmful and, indeed, can even be healthy for them. Thus, while I try gently to
show my patients how marijuana is negatively impacting their health, motivation, and life trajectory, I
watch my patients become even more entrenched in their marijuana addiction. With the higher and
higher concentrations of THC being sold, this process happens quicker than I have ever seen, the
health and well-being of my patients deteriorate often times faster than I can help them.
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My patients regularly park at the Starbucks located at the Shops of Buffalo Grove and bring in coffee
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when they meet with me. If a dispensary selling their addictive drug of choice opens in the Shops of
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Buffalo Grove, my job and the job of my patients will become so much harder. It will leave them at an
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unfair advantage. I know that you added treatment and counseling centers as a buffer in the Buffalo
Grove ordinance for this very reason --to protect those in recovery. While my address is not
technically Buffalo Grove, I am most certainly helping those very people you had hoped to protect.
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Please do not let a technical issue get in the way of ensuring that you maintain the protections you
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intended in your ordinance in order to mitigate the damage that Sunnyside Dispensary will cause to
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If you have any questions or comments, please do not hesitate to contact me at this
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email dennis@attentiontoweliness.com.
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Sincerely,
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Dennis Lubchenko
Dennis Lubchenko, LCPC, CADC, PCGC
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Owner and Therapist
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Attention to Wellness, LTD
1020 Milwaukee ave
Suite 235
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Deerfield, Illinois 60015
Office (847)370-0606
Cell (847)436-6967
fax (847)787-5249
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website: attentiontowellness.com
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In compliance with HIPAA (rule 104-91), this email message is intended only for use of the individual or entity to which it is addressed and
may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this electronic
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message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly
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prohibited. If you have received this electronic message in error, please notify the sender immediately by telephone 847-436-6967 and delete
the electronic message immediately.
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FOR MY CLIENTS: I am concerned about the privacy of your medical information. Please be advised that email is not a secure form of
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communication. As a result, I cannot ensure the confidentiality of any information sent via email. Please be aware that response time via
email may vary due to my schedule. HIPAA requires that emails sent as part of any discussion of health care be retained in your medical
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Christopher Stillin
Subject: FW: "Opting out" of pot shops - Reconsidering
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Nicole Woods,
As Principal Planner, please forward this e-mail (sent Friday to BG Trustees) to the Plan Commission
members: Frank Cesario, Zill Khan, Steven Goldspiel, Matthew Cohn, Mitchell Weinstein, Kevin
Richards, Adam Moodhe, Amy Au. I am appalled by the proposed location of a 4,900 sq. foot
recreational" marijuana shop in a major traffic area, so obvious to young people. Cannabis can be a
very dangerous product. Thank you.
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To the Buffalo Grove Village Trustees:
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At 1:00 in the morning, October 22, after four and a half hours of testimony from an overflow crowd of
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residents - mostly opposed to "pot" shops - five Buffalo Grove Trustees voted to legalize
recreational" marijuana. In their closing statements, those Trustees cited several "Pros" included in
the following link. However, this same link below outlines 13 "Cons", (in purple) which in my opinion,
and that of the passionate crowd, definitely out weighed that unfortunate decision:
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Further, why in the world is a "pot" shop being placed between a Starbucks and T-Mobile, where our
children cannot help but be exposed to sales of an addictive "gateway" (and federally illegal) drug?
We need to revisit this momentous October 22 Village Board decision, to REVERSE it, or at least to
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WAIT to determine possible harmful consequences. Let's observe what happens in other towns and
villages when the Illinois law takes effect after Jan.l. Thank you.
https://mariouana.procon.org
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Here is an updated list of nearby towns that have wisely voted to "opt out," or have the votes to say
NO to "recreational" pot shops:
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Winnetka
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Highland Park
Park Ridge
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Lake Bluff
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Lake Forest
Glenview
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Bloomingdale
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Bolingbrook
Grayslake (one year)
Lake Barrington
Barrington
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Libertyville
Naperville
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Vernon Hills
Long Grove
I Packet Pg. 268 1
Lake Zurich
Oak Brook
Hinsdale
Downers Grove
Tower Lakes
Elmhurst
Barrington Hills
Metawa
Bannockburn
Lincolnshire
Wilmette
Arlington Hts.
Lisle
LaGrange Park
Orland Park
Palos Hts.
Plainfield
Wheaton
Deer Park
Mt. Prospect
Eleanor Hesse (former teacher), 787 Beechwood Rd., Buffalo Grove 847 541-7263
Note: A great quote from Joseph Qian, in Dec. 7 Daily Herald, "We believe the sale of recreational
marijuana will certainly harm the public health, jeopardize the public safety and security, expose our
young generation in the risk of drugs, cause the depreciation of our properties and drop the reputation
of our community..... it is immoral to generate revenue from the sale of drugs."
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9,A,f
ORDINANCE NO. 2019 - 054
AN ORDINANCE AMENDING 'I HE BUFFALO GROVE ZONING ORDINANCE BY
THE ADDITION OF REGULATIONS REGARDING ADULT -USE CANNABIS
IN THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Village of Buffalo Grove, Illinois, has enacted Municipal Code
Regulations for the purpose of improving and protecting the public health, safety, comfort,
convenience and general welfare of the people; and
WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act (Act),
which pertains to the possession, use, cultivation, transportation and dispensing of adult -use
cannabis, which became effective June 25, 2019; and
WHEREAS, pursuant to the Act, the Village may enact reasonable zoning ordinances or
resolutions not in conflict with the Act, regulating cannabis business organizations, including
rules adopted governing the time, place, manner and number of cannabis business organizations,
and minimum distance limitations between cannabis business organizations and locations the
Village deems sensitive; and
WHEREAS, on August 5, 2019, at the Village Board meeting, a policy question was
asked whether the Village of Buffalo Grove should allow adult -use cannabis organizations
within its corporate limits; discussion on the policy question followed; and
WHEREAS, the Village staff has researched the regulations on adult -use cannabis if
allowed in the Village; and
WHEREAS, on August 5, 2019, the Village Board initiated an amendment to Title 17
(Zoning Ordinance) to review and consider additional amendments to further regulate adult -use
cannabis organizations within the Village; and
WHEREAS, the Planning and Zoning Commission recommended approval of the
proposed amendments to Chapter 17.44.040 et seq. (Zoning Ordinance) on October 2, 2019.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
Packet Pg. 270
9,A,f
Section 1. The foregoing recitals are hereby adopted and incorporated into and made a
part of this Ordinance as if fully set forth herein.
Section 2. Title 17.28.080 (Special Use for Adult -Use Cannabis) of the Village Zoning
Ordinance is hereby amended by adding the underlined language:
17.28.80 a. Adult -Use Cannabis Business Organizations: An adult -use cannabis
d:l§oensary as defined in Section 17.28.80-b. Adult -Use Cannabis Business
Organization shall not include a cultivation center, craft grower, processing
organization, infuser organization or transporting organization as defined by the
Illinois Cannabis Regulation and Tax Act.
b. Adult -use cannabis dispensary: An adult -use cannabis dispensary shall
be defined as a facility operated b an or anization or business that is licensed
by the Illinois Department of Financial and Professional Regulation to acquire
cannabis from licensed cannabis business organizations for the purpose of
sellingor r 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.
c. Purpose and Applicability. It is the intent and purpose of this Section to
provide regulations regarding the dispensing of adult -use cannabis occurring
within the corporate limits of the Village. Such facilities shall comply with all
regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027)
(Act), as it may be amended from time to time, in the regulations promulgated
thereunder, and the regulations provided below. In the event that the Act is
amended the more restrictive of the state or local regulations shall apply.
d. Special Use. An adult -use cannabis dispensary, ensar as defined herein shall
require an approval of a Special Use, which use may include a medical cannabis
dispensary as defined in Section 17.12.399 (Definition) and shall be processed in
accordance with Chaoter 17.28 "S oecial Uses" of this Title as provided herein
and shall be sub'ect to the followin conditions:
i. The adult -use cannabis dispensary must be operated by an
organization or business that is currently licensed by the Illinois
Department of Financial and Professional Regulation to operate a
medical cannabis dispensary under the Compassionate Use of
Medical Cannabis Pilot Program Act 410 ILCS 130 et seq.)
ii. The adult -use cannabis dispensary must keep a copy of the
dispensing organization agent identification card issued pursuant to
Packet Pg. 271
9,A,f
the Compassionate Use of Medical Cannabis Pilot Pro ram Act
visible at all times.
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iii.
There shall be no more than two adult -use cannabis dispensaries
permitted at any one time.
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The adult -use cannabis dispensary may not be located within 1,000
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feet of the property line of a pre-existing public or private nursery
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school, pre-school, primary or secondary school, day care center,
or day care home, museum, library and substance abuse treatment
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or counseling center within the Village of Buffalo Grove corporate
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limits. Notwithstanding the foregoing, an adult -use cannabis
dispensary will not be deemedtoviolatehs rovision if one of the
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school related facilities locates within the 1,000 foot spacing after
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the adult -use cannabis dispensary has been granted special use
approval by the Village. Learning centers and vocational/trade
centers shall not be classified as a public or rivate school for
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purposes of this Section.
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v.
At least 85% of the floor area of any tenant space occupied by an
adult -use cannabis disr)ensary shall be devoted to the activities of
the dispensary as authorized by the Act. Any request for reduction
in floor area percentage shall be evaluated as part of the Special
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Use request.
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For purpose of determining required parking, the adult -use
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cannabis dispensary shall be classified as a retail and wholesale
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trade pursuant to Section 17.36.040 of the Zoning_Ordinance-
provided however that the Village may require that additional
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parking be provided as a result of the analysis completed through
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the Special Use process.
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dispensary shall also sell food for consumption tion on the premises in
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the same tenant space.
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On -site consumption of cannabis shall be orohibited within an
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adult -use cannabis dispensary and on the premises. The dispensary
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shall be responsible for enforcing the prohibition of on -site
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consumption of cannabisunderall circumstances inside and
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outside the dispensary and on the premises.
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ix.
The adult -use cannabis dispensary may not conduct any sales or
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distribution of cannabis other than as authorized bv the Act.
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x. No adult -use dist)ensary shall be maintained or o erated in a
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manner that causes creates or allows the ublic viewing of adult -
use cannabis cannabis -infused aroducts or cannabis . ara hernalia
or similar products from any sidewalk, public or private right -of-
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way or any property other than the lot on which the dispensary is
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located. No )ortion of the exterior of the dispensary shall utilize or
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contain any flashing lights, search lights or spot lights or any
similar lighting system.
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xi. No adult -use cannabis dispensary nor any other person or entity
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shall place or maintain or cause to be placed or maintained,,,an
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advertisement of cannabis or cannabis -infused product in any form
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or through any medium:
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1. Within 1,000 feet of the perimeter of a pre-existing public or
private nursery school, pre-school, primary or secondary
school, day care center, or day care home within the Village of
Buffalo Grove corporate limits; or
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2 On or in a public transit vehicle or public transit shelter or
3. On or in publicly owned or publicly operated property.
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All advertising shall comply with the rules and regulations set forth
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in the Cannabis Regulation and Tax Act (P.A. 101-0027).
xii. Each adult -use dispensary shall prohibit any person who is not at
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least twenty-one (21) years of age from entering, he dispensary,
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except for cardholders granted medical access under the
Compassionate Use of Medical Cannabis Act over 18 years of age,
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whose access shall be limited to the medical cannabis dis pensin
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area only. Dispensaries shall not employ anyone under the age of
twenty-one (21). Access to the dispensary shall be limitedCA
exclusively, t�pensary staff and those specifically authorized
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under the Cannabis Regulation and Tax Act (P.A. 101-0027 .
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e. Additional Requirements. As part of the Special Use application
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requirements, Petitioner shall submit plans regarding installation of building
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enhancements, such as security cameras, security systems, lighting or other
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improvements to ensure the safety of em to ees and customers of the adult -use
cannabis dispensary, as well as its environs. Said improvements shall be
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determined based on the specific characteristics of the dis ensar . and of the
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floor plan for an adult -use cannabis dis ensary and the site on which it is
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located consistent with the rec uirements of the Act.
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9,A,f
i. The Special Use Applicant shall submit a complete copy of their
license appllication and all Tans submitted to the State of Illinois,
or any agency thereof, as part of their special use application.
Before issuance of a certificate of occupancy or otherwise opening
to the ublic Adult -Use Cannabis Business Organizations must
provide a copy of their state license to operate as an adult -use
cannabis dispensary issued by the Illinois Department of Financial
and Professional Regulation.
ii. Petitioner shall file an affidavit with the Village affirming
com )lf iance with Section 17.28.80-c„as provided herein and all
other requirements of the Act.
iii. The Special Use Applicant shall submit additional information as
required by the Village duringthe he Special Use process.
f. Violation Penalties — Any violation of this Section 17.28.080
shall be punishable as provided in Section 1.08 and/or Section 1.12 of this
Code.
Section 3. Chapter 17.44 entitled Business Districts is hereby amended by adding
Section 15 to Section 17.44.020.0 as follows:
15. Adult -use cannabis dispensary pursuant to Section 17.28.080, provided that they are
located on sites with frontage along the following major streets: Lake -Cook Road, IL Route 68
(Dundee Road) or IL Route 45 (Milwaukee Avenue).
Section 4. Chapter 17.44 entitled Business Districts is hereby amended by adding Section
23 to Section 17.44.030-C as follows:
23. Adult -use cannabis dispensary pursuant to Section 17.28.080, provided that they are
located on sites with frontage along the following major streets: Lake -Cook Road, IL Route 68
(Dundee Road) or IL Route 45 (Milwaukee Avenue).
Section 5. Chapter 17.48 entitled Office and Industrial Districts is hereby amended by
adding Section 29 to Section 17.48.020-C as follows:
29. Adult -use cannabis dispensary pursuant to Section 17.28.080
Section 6. No other type of adult -use cannabis business organizations shall be permitted
in Buffalo Grove.
Section 7. If any section, paragraph, clause or provision of this Ordinance shall be held
invalid, the invalidity thereof shall not affect any other provision of this Ordinance.
Section 8. This Ordinance shall be in full force and effect from and after its passage and
approval.
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AYES: 5 = Stein.. Ottenbeimer. Johnson. tll Pike
NAYES: I - Weidenfeld
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PASSED: October 21, 2019
APPROVED: October 21, 2019
AT rEST:
janei'M-. Sirabian, Village Clerk
APPROVED:
Beverly Su�an, Village President
2
I Packet Pg. 275 1
9.B
Resolution No. R-2020-1 : Resolution Approving a Development and
Operating Agreement Between the Village of Buffalo Grove and PDI
Medical III, LLC
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval, subject to the final review of the Village Attorney
Village has received an application from the Village's existing medical cannabis dispensary, PDI Medical
III, LLC (PDI) proposing a Special Use for an Adult -Use and Medical Cannabis Dispensary (Dispensary)
at 830-840 Milwaukee Avenue. A public hearing concerning the Special use was held before the Planning
& Zoning Commission (PZC) on December 18, 2019. As a companion request to the Special Use
Ordinance, staff is recommending that the Village Board approve the attached Development and
Operating Agreement between the Village and PDI.
ATTACHMENTS:
• BOT Memo (DOCX)
• Resolution (RTF)
• Exhibit A- Final Draft Agreement 1.2.2020 (DOCX)
Trustee Liaison Staff Contact
Johnson Chris Stilling, Community Development
Monday, January 6, 2020
Updated: 1/2/2020 11:37 AM Page 1
Packet Pg. 276
9.B.a
ILL E OF
BUFFALO C'MONIE'
MEMORANDUM
DATE: January 2, 2020
TO: Dane Bragg, Village Manager
FROM: Christopher Stilling, Deputy Village Manager
N1
SUBJECT: Development and Operating Agreement for a proposed Adult -Use and Medical
Cannabis Dispensary at 830-840 Milwaukee Avenue
Background
Village has received an application from the Village's existing medical cannabis dispensary, PDI Medical
III, LLC (PDI) proposing a Special Use for an Adult -Use and Medical Cannabis Dispensary (Dispensary)
at 830-840 Milwaukee Avenue. A public hearing concerning the Special use was held before the
Planning & Zoning Commission (PZC) on December 18, 2019. As a companion request to the Special
Use Ordinance, staff is recommending that the Village Board approve the attached Development and
Operating Agreement between the Village and PDI. This agreement is very similar to the existing
Development and Operating Agreement the Village entered into with PDI in 2015 for their medical
dispensary at 1623 Barclay.
Staff Analysis
Key terms of the agreement are as follows:
Village Fee
• In an effort to offset any extraordinary costs as a result of the location of the Dispensary into
the Village, the dispensary will agree to pay a fee as follows:
o 1% for the first $2,000,000 in gross receipts received by the Dispensary from the sale
of all cannabis or cannabis -infused products (medical and recreational) and 2% of
gross receipts received by the Dispensary from the sale of all cannabis or cannabis -
infused products (medical and recreational) greater than $2,000,000.
o The fee will be payable quarterly.
PDI will also be required to pay the Village's full share of the sales tax in the amount of three
(3%) percent of the gross receipts from the sale of cannabis and cannabis infused products, in
addition to the one (1%) retail occupation tax and the one (1%) Buffalo Grove Home Rule Tax
("Taxes") from the time they begin operations to the date that the State of Illinois commences
collection of these Taxes, which is anticipated to be on or about July 1, 2020.
Building/Operations
• PDI will be required to operate the facility in conformance to the plans and information
provided in their Special Use Ordinance.
All exterior signage shall be in compliance with the Sign Regulations established in Chapter 14
of the Buffalo Grove Municipal Code. In addition, no exterior signage or window signage shall
use the word "marijuana," "cannabis," or any other word, phrase or symbol commonly
understood to refer to marijuana or cannabis. The display of merchandise and/or products
related to medical cannabis shall not be visible from the exterior of the Premises.
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9.B.a
Dispensing Organization hours of operation shall be limited to 9am to 10pm Monday —Sunday,
except as may be otherwise approved by the Village.
Security
• The Dispensary will provide the Police Department with access to their facility's video camera
security system and video footage.
• Dispensary will have no fewer than two (2) personnel onsite at all times during hours of
operation. They will also provide an on -site security guard during the hours of operation.
Term
• The term of the Agreement will commence upon approval and execution and terminate when
the Dispensary no longer operates in the Village.
Staff Recommendation
Staff recommends approval of a Resolution authorizing the Village Manager to execute the
Development and Operating between the Village and PDI Medical III, LLC for an Adult -Use and Medical
Cannabis Dispensary at 830-840 Milwaukee Avenue.
Page 2 of 2
Packet Pg. 278
9.B.b
RESOLUTION NO. 2020 —
A RESOLUTION APPROVING A DEVELOPMENT AND OPERATING AGREEMENT ("AGREEMENT") BETWEEN THE
VILLAGE OF BUFFALO GROVE AND PDI MEDICAL III, LLC
WHEREAS, the Village of Buffalo Grove ("Village") is a Home Rule Unit pursuant to the Illinois
Constitution of 1970 and;
WHEREAS, a petition has been filed by PDI Medical III, LLC for a Special Use for an Adult Use and Medical
Cannabis Dispensary ("Dispensary")for the property at 830-840 Milwaukee Ave, Buffalo Grove, IL 60089 and;
WHEREAS, Village may incur certain extraordinary costs as a result of the location of the Dispensary into
the Village and;
WHEREAS, Such extraordinary costs include, but are not limited to costs for increased Police surveillance
and monitoring, increased Fire Department monitoring, as well as increased costs for other departments
necessarily incurred to protect and maintain the health, safety and welfare of Village residents and businesses
and;
WHEREAS, Village and PDI Medical III, LLC agree to enter into a Development and Operating Agreement
attached as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois as follows:
1. The agreement between Village and PDI Medical III, LLC, which is attached hereto as Exhibit A is hereby
approved and;
2. The Village Manager is authorized and directed to execute the attached Agreement on behalf of the
Village of Buffalo Grove.
AYES:
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NAYS: N
19
ABSENT:
PASSED:
3
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N
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APPROVED:
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ATTEST: APPROVED:
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Village Clerk Beverly Sussman, Village President
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9.B.c
DEVELOPMENT AND
OPERATING AGREEMENT FOR DISPENSING ORGANIZATION
830 — 840 MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS
THIS DEVELOPMENT AND OPERATING AGREEMENT ("Agreement") is made and
entered into as of this th day of , 2020, by and between the Village of Buffalo Grove,
Illinois, a Home Rule Illinois municipal corporation located in Cook and Lake Counties, Illinois
(the "Village"), and PDI Medical III, LLC ("Dispensary") an Illinois limited liability company.
The Village and the Dispensary are sometimes referred to individually as "Party" and sometimes
referred to herein as the 'Parties"
RECITALS
A. On August 1, 2013, the Illinois Legislature enacted the Compassionate Use of Medical
Cannabis Pilot Program Act, 410 ILLS 130 et seq. ("Medical Cannabis Act"). The purpose of
the Act was to distinguish between medical and non -medical cannabis and to "... protect
patients with debilitating medical conditions, as well as their physicians and providers, from
arrest and prosecution, criminal and other penalties, and property forfeiture if the patients
engage in the medical use of cannabis." (410 ILCS 13015 (g))
B. The Medical Cannabis Act authorizes the State the right to issue a registration for operation
("Registration") to a Dispensing Organization (Section 115-(a)) where medical cannabis can
be sold.
C. On , the Dispensary received an Authorization from the State to operate a medical
cannabis dispensary in the Village, District 27, Lake County, Illinois.
D. On , 2019, the Illinois Legislature enacted the Cannabis Regulation and Tax Act,
ILCS , et seq. ("Adult Use Cannabis Act"). The purpose of the Adult Use Cannabis Act
was to legalize the use of cannabis for persons 21 years of age and older ( ILCS ).
E. The Dispensary requested a special use permit to allow the Dispensary to commence the sale
of adult use cannabis which may or may not include medical cannabis from the same
dispensary.
F. The Village has agreed that in exchange for good and valuable consideration as set forth herein,
the Village will cooperate with Dispensary in allowing the Dispensing Organization to be
located in the Village and to dispense both medical cannabis and adult use cannabis.
G. The Corporate Authorities of the Village have taken all required actions prior to the execution
of this Agreement in order to make the same binding upon it according to its terms.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and
agreements herein contained, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledge, the Parties do hereby agree as follows:
I
1
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RECITALS PART OF AGREEMENT
The representations, covenants and recitations set forth in the foregoing recitals are
material to this Agreement and are hereby incorporated into and made a part of this Agreement as
though they were fully set forth in this Article I.
II
MUTUAL ASSISTANCE
The Parties agree to take such actions, including the execution and delivery of such
documents, instruments, petitions and certifications, as may be necessary or appropriate, from time
to time, to carry out the terms, provisions and intent of this Agreement and to aid and assist each
other in carrying out said terms, provisions and intent.
III
DISPENSARY'S ACKNOWLEDGMENTS AND REPRESENTATIONS
3.01 Dispensary's Application for a Registration for Operation.
Dispensary hereby represents and warrants that it has obtained or will obtain from the
Illinois Department of Financial and Professional Regulation ("Department") the authority
to operate a medical cannabis dispensary and an adult use cannabis dispensary within the
Village, pursuant to the Medical Cannabis Act and the Adult Use Cannabis Act
respectively. Should the Dispensary not receive approval from the State, then this
Agreement shall be deemed null and void.
IV
ZONING AND BUILDING
4.01 Building Site for Dispensing Organization.
A. Zoning. Dispensary hereby agrees that upon receipt of its Special Use Permit and
Certificate of Occupancy issued by the Village, it shall be permitted to open and operate
the Dispensing Organization at 830 — 840 Milwaukee Avenue, Buffalo Grove, Illinois.
Dispensary will comply with all of the applicable requirements of the Buffalo Grove
Municipal Code and the Special Use Ordinance.
B. Tenant Space. The Dispensary facility is approximately 4,900 square feet in the Shops
of Buffalo Grove at 830 — 840 Milwaukee Avenue Buffalo Grove, Illinois (the
"Premises").
4.02 Building Material and Design.
A. Design. Dispensary hereby agrees that the Village shall have the right in its reasonable
discretion to approve the Premises design and materials.
B. Site Lighting. All parking areas for the Premises will be approximately lighted to
ensure safety for all who work and conduct business at this facility, and shall meet all
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9.B.c
Village requirements for parking lots.
C. Signage/Exterior Visibility. All exterior signage shall be in compliance with the Sign
Regulations established in Chapter 14 of the Buffalo Grove Municipal Code and the
Adult Use Cannabis Act. In addition, no exterior signage or window signage shall use
the word "marijuana," "cannabis," or any other word, phrase or symbol commonly
understood to refer to marijuana or cannabis. The display of merchandise and/or
products related to medical cannabis shall not be visible from the exterior of the
Premises.
D. Odor Containment. The Premises' ventilation system or odor containment system shall
be constructed in such a manner so as to comply with all applicable Codes and
Ordinances.
4.03 Refuse Containers.
All refuse containing cannabis or cannabis -infused products shall also be kept within
the Premises until it is either returned to a licensed cultivation center or destroyed and
disposed of pursuant to the Dispensary Rules adopted by the Department (the "Rules").
4.04 Operations.
A. Storage of Product. No cannabis, cannabis -infused product, or related paraphernalia
shall be displayed or kept so as to be visible to the general public from within or
outside the Premises. All cannabis, cannabis -infused products, or related
paraphernalia shall be kept and warehoused in the Premises' restricted access area
(as defined in the Rules), out of view from the general public. Cannabis, cannabis -
infused products, or related paraphernalia may only be removed from the Premises'
restricted access area upon sale to a registered customer, patient or if being returned
to a licensed cultivation center for destruction or disposal.
B. Hours of Operation. Dispensing Organization hours of operation shall be limited to
9am to lOpm Monday - Sunday, except as may be otherwise approved by the
Village.
C. Onsite Use and Sampling is Prohibited. No marijuana, cannabis, or cannabis infused
product shall be smoked, eaten, sampled or otherwise consumed or ingested in the
Premises or the parking lot that serves Premises.
D. Plan for Disposal. Dispensary shall provide the Village, for approval, a plan for
disposal of any cannabis or byproducts that are not sold to a patient or primary
caregiver or to any person 21 years of age and older in a manner that protects any
portion thereof from being possessed or ingested by any person prior to
commencing dispensary operations, and shall abide by applicable State regulations.
V
PUBLIC SAFETY SECURITY
5.01 Security.
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9.B.c
Dispensary shall design and implement a security plan and security system that
satisfies the requirements of the Medical Cannabis Act and the Adult Use Cannabis
Act and any additional requirements as may be reasonably imposed by the Village.
Dispensary shall deliver to the Village a copy of its security plans and the Village
hereby represents and warrants it will use its best efforts to keep all security related
documents confidential and will do its best efforts to notify the Dispensary in advance
of disclosing the information. The security plan shall include facility access controls,
surveillance systems, on -site security personnel, and other security measures required
by State regulations. The security plan shall be reviewed and approved by the Police
Department.
5.02 Emergency Points and Contact.
Dispensary shall provide the Police Department with up-to-date emergency contact
information for the Dispensary and Dispensing Organization owners. In addition, the
Dispensary shall provide up-to-date contact information for all Dispensing
Organization managers. Dispensing Organization managers are those key decision
makers who will be on -site and authorized to make operational decisions.
5.03 Security Connection.
Dispensary shall provide that all alarms and panic buttons and other applicable security
features at the Premises are directly connected to Northwest Central Dispatch.
5.04 Video Camera Security System.
Dispensary shall provide the Police Department with access to its facility's video
camera security system and video footage. Moreover, the Dispensary shall maintain
and store video footage and also have redundant storage off -site. Video footage shall
be provided both inside and outside of the Building. Outside video feed shall include
coverage of the Dispensary entrance and parking lots and shall be able to legibly
capture license plates of all vehicles entering and leaving the parking lot. The Police
Department shall have access to all current and archived video footage. Should the
Police Department need additional hardware and software to access the Dispensary
video camera security system, Dispensary will be required to provide Police
Department with necessary hardware and software at the cost of the Dispensary.
5.05 On -Site Personnel.
Dispensary shall provide no fewer than two (2) personnel to be onsite at all times
during hours of operation as set forth herein.
5.06 On -Site Security Personnel.
In addition to and exclusive of on -site sales staff, Dispensary shall provide on -site
security personnel during the hours of operation, set forth herein.
5.07 Sprinkler & Fire Protection System.
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Dispensary shall be required to have an approved automatic sprinkler and fire alarm
system throughout the entire tenant space.
5.08 Health & Public Safety Inspections.
Dispensary shall permit the Village to conduct inspections to ensure the health and
safety of the general public and occupants of the Premises, in accordance with the
Rules.
5.09 Health & Public Safety Meetings.
Dispensary agrees to meet with the Village, upon request, in order to maintain open lines
of communication and discuss operations.
VI
FEES / CONTRIBUTIONS
6.01 Village Fee.
A. Dispensary hereby acknowledges that the Village will incur certain extraordinary costs
as a result of the location of the Dispensing Organization in the Village. Such
extraordinary costs include, but are not limited to costs for increased Police surveillance
and monitoring, increased Fire Department monitoring, as well as increased costs for
other departments necessarily incurred to protect and maintain the health, safety and
welfare of Village residents and businesses. Dispensary agrees to pay to the Village an
impact fee (the "Village Impact Fee"). The payment from the Dispensary is considered
to be a voluntary contribution to the Village, but given in response to the pledges made
by the Village in this Agreement.
B. Irrespective of the determined designation and exclusive of any sales tax the Village
may receive from the State, the fee shall be as follows:
a. 1% for the first $2,000,000 in gross receipts received by Dispensary from the
sale of cannabis or cannabis -infused products and 2% of gross receipts received
by the Dispensary from the sale of cannabis or cannabis -infused products
greater than $2,000,000, payable quarterly with payment being received the last
day of the month following the end of the previous quarter. There shall be a
10% late fee penalty that compounds monthly the first day of every subsequent
month until the full payment is received. Dispensary shall submit to the Village
a copy of the tax return required to be filed with the Illinois Department of
Revenue with respect to Dispensing Organizations, which return shall set forth
the gross sales for each monthly period submitted. The return shall be
accompanied by payment to the Village of the Village Fee as above set forth.
C. The payment of the Village Fee to the Village, though established in an amount equal
to a percentage of the gross receipts of the Dispensary from the sale of cannabis or
cannabis -infused products shall not in any way make the Village a partial owner of the
Dispensing Organization. Such contribution is a voluntary one induced in part by the
promises of the Village made within this Agreement, and does not entitle the Village to
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any role whatever in the operations of the Dispensary other than any the exercise of
such powers as it may choose to carry out as a governmental body.
D. Should the designation of the Village Impact Fee be challenged by the State or any other
party for whatever reason, Dispensary shall not object or challenge any re -designation,
it being understood that the Village is entitled to such payment, irrespective of form or
designation, unless the payment, irrespective of form or designation, is declared by the
State or a court of competent jurisdiction to violate the Act and/or other applicable law.
E. In addition to the Village Impact Fee, Dispensary agrees to pay to the Village the
Village's full share of the sales tax in the amount of three (3%) percent of the gross
receipts from the sale of cannabis and cannabis infused products, in addition to the one
(1%) retail occupation tax and the one (1%) Buffalo Grove Home Rule Tax ("Taxes")
from the period of January 1, 2020 to the date that the State of Illinois commences
collection of these Taxes, which is anticipated to be on or about July 1, 2020.
F. The Village's prepared food and beverage tax payable on those items to which the
Village's prepared food and beverage tax applies, shall also be paid to the Village
commencing January 1, 2020.
VII
GENERAL PROVISIONS
7.01 Default.
If any Party to this Agreement shall fail to perform any of its obligations under this
Agreement, the other non -defaulting Party may notify, in writing, the defaulting Party and
advise of the alleged failure and demand that same be remedied or cured. No default or
breach of this Agreement shall be deemed committed if the breach or default is remedied
within thirty (30) calendar days of receipt of such notice. If the defaulting party fails to
remedy the default within thirty (30) calendar days, or if unable to do so fails to take good
faith efforts to cure the default, the non -defaulting party may seek such remedies that are
available in a court of law, including specific performance and/or revocation of Village
zoning approval.
7.02 Entire Agreement / Amendment.
This Agreement constitutes the entire agreement between the Parties and there are no oral
or parole agreements, representations or inducements existing between the Parties which
are not expressly set forth herein and covered hereby. This Agreement may not be amended
or modified except by written agreement signed by all of the Parties.
7.03 Severability.
If any provision, covenant, agreement or portion of this Agreement, or its application to
any person, entity or property, is held invalid, such invalidity shall not affect the application
or validity of any other provisions, covenants or portions of this Agreement and, to that
end, any provisions, covenants, agreements or portions of this Agreement are declared to
be severable.
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7.04 Applicable Law.
This Agreement shall be construed in accordance with the laws of the State of Illinois.
7.05 Notices.
Any notice required pursuant to the provisions of this Agreement shall be in writing
and be sent by certified mail or express courier to the following addresses until notice
of change of address is given and shall be deemed received on the fifth calendar day
following deposit in the U.S. Mail or one day after deposit with an express courier.
If to Dispensary: John Sullivan
Cresco Labs
Senior Vice President
400 W Erie Street, Suite I10
Chicago, IL 60654
Copy to: Daniel Shapiro
Shapiro & Associates
618 Academy Drive, Unit B
Northbrook, IL 60062
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
Copy to: Patrick T Brankin, Esq.
Schain Banks
70 W. Madison Street, Suite 5300
Chicago, IL 60602
7.06 Counterparts.
This Agreement may be executed in several counterparts, each of which shall be
deemed an original and all of which shall constitute but one and the same agreement.
7.07 Assignment.
Dispensary may not assign, or otherwise transfer or encumber all or any part of its
interest in this Agreement or the State License.
7.08 Term / Renewal.
A. Term. The term of this Agreement shall commence after execution by the Parties
and commencement of operations by the Dispensing Organization and terminate
when the Dispensary no longer operates a Dispensing Organization in the Village.
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9.B.c
B. Termination. So long as Dispensary maintains a valid Registration and valid State
License, this Agreement shall automatically be renewed annually for each and
every year subsequent to the date wherein this Agreement is continued. Dispensary
shall have the right to terminate this Agreement and cease operations within the
Village by giving the Village written notice of its intention to terminate at least
ninety (90) calendar days prior to the termination date in effect; provided, however
that in the event that Dispensary terminates this Agreement, without cause, and
ceases operations, Dispensary covenants and agrees not to thereafter relocate the
Dispensing Organization within ten (10) miles of the corporate limits of the Village
for a period of one (1) year after the date of such termination.
7.09 Litigation and Defense of Agreement.
A. Litigation. If, during the term of this Agreement, any lawsuits or proceedings are
filed or initiated against either Party before any court, commission, board, bureau,
agency, unit of government or sub -unit thereof, arbitrator, or other instrumentality,
that may materially affect or inhibit the ability of either party to perform its
obligations under, or otherwise to comply with, this Agreement ("Litigation"), the
party against which the Litigation is filed or initiated shall promptly deliver a copy
of the complaint or charge related thereto to the other party and shall thereafter keep
the other party fully informed concerning all aspects of the Litigation.
B. Defense. The Village and Dispensary each agree to use their respective best efforts
to defend the validity of this Agreement, and all ordinances and resolutions adopted
and agreements executed pursuant to this Agreement, including every portion
thereof and every approval given, and every action taken, pursuant thereto.
7.10 Release of Information.
A. Dispensary shall cause to be delivered to the Village, on a quarterly basis, the
Illinois Retailers' Occupation Tax, Use Tax and Service Occupation Tax returns
and/or other documentation submitted by Dispensary to the Illinois Department of
Revenue, which detail the amount of Sales Tax that Dispensary paid to Illinois
Department of Revenue with respect to the gross sales. If necessary, Dispensary
shall provide the Village with a limited power of attorney, addressed to and in a form
satisfactory to the Illinois Department of Revenue, authorizing the Illinois
Department of Revenue to release to the Village all gross revenue and Sales Tax
information submitted by Dispensary to the Illinois Department of Revenue.
Additionally, in the event that the Illinois Department of Revenue does not make
available to the Village said documentation, Dispensary shall provide alternative
documentation that details the amount of Sales Taxes that Dispensary paid to the
Illinois Department of Revenue.
B. In the event that any sales tax returns by Dispensary that have been submitted to the
Village are amended, Dispensary shall promptly forward a photocopy of such
amended sales tax returns to the Village, clearly identifying them as an amendment
of a sales tax return previously submitted to the Village.
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9.B.c
C. The sales tax returns and any amended sales tax returns submitted to the Village shall
be certified by Dispensary to the Village as being true, accurate and complete copies of
the originals thereof.
D. Dispensary shall provide to the Village prior to any sales tax rebate payment a copy of
the original cancelled checks for payment of the sales tax as reflected on the Illinois
Department of Revenue forms from Dispensary certified by Dispensary to the Village
as being true and accurate copy of the originals thereof.
7.11 Miscellaneous.
A. Nothing in this Agreement shall be construed to amend or terminate any existing other
Agreement between the Parties.
B. In addition to all other required security measures, Dispensary agrees that the Village
may conduct random unannounced compliance checks of its operations.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed
by their respective proper officials duly authorized to execute the same as of the day and the
year first above written.
VILLAGE OF BUFFALO GROVE PDI MEDICAL III, LLC
By:
Beverly Sussman, Village President
ATTEST:
By:
Janet Sirabian, VILLAGE CLERK
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ATTEST:
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Action Item : Power Supply Agreement with MC Squared
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
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Staff recommends approval.
Based on the information provided, staff recommends to move forward with MC Squared Energy at the
50% REC rate with a $40,000 annual civic contribution for sustainability projects in the community. The
attached Power Supply Agreement is required to move forward with the program. It has been reviewed
and amended by the Village Attorney.
ATTACHMENTS:
• Aggregation Memo (DOCX)
• Power Supply Agreement MC2 Buffalo Grove (MRS)_FINAL (PDF)
Trustee Liaison
W eidenfeld
Monday, January 6, 2020
Staff Contact
Jenny Maltas, Office of the Village Manager
Updated: 12/30/2019 2:55 PM
Page 1
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11.A.a
')LLA.'E OF
BUFFALO CROVE'
MEMORANDUM
DATE: January 2, 2020
TO: Village President & Board of Trustees
FROM: Jennifer Maltas, Deputy Village Manager
SUBJECT: Electric Aggregation Update
Background:
Following the passage of a November 2012 Referendum, the Village established an electric aggregation
program. Cumulative savings for residents and small businesses reached more than $3.5 million at the
program's May 2017 expiration.
The Village has continued to monitor the market; recent pricing indicated bids higher than the ComEd rate
to compere.
NIMEC, the Village's Aggregation Consultant, has introduced a Renewable /Green Energy Aggregation
program. Under this program, all program participants would pay exactly the ComEd rate and the supplier
would purchase Renewable Energy Certificates (RECs) for renewable or "green" electric power. The Village
would be designated an EPA Green Power Partner Community.
A civic contribution is offered with the program. Options include less than 100% RECs, such as 75% or
50%. With fewer monies spent to purchase RECs that makes more funds available for an annual civic
contribution (which is unrestricted, for the Village's use.)
Program Description:
Every electric account establishes unique consumption patterns. Factors such as volume, time of day,
single vs. multi -family, and usage during peak periods combine to create a complex power usage profile.
However, the cost to produce electricity is highly variable. Generators are required, by law, to ensure it is
perpetually available in full, and on demand.
Under Renewable /Green Energy Aggregation, the supplier analyzes variable costs to serve each account
and prices each account's individual rate. Costlier accounts to serve remain on ComEd supply; lower cost
accounts are served by the supplier. Regardless of which supplier would provide power to a resident, their
bill would look the same and would still come from ComEd.
The supplier would purchase RECs to represent historical power consumption for the entire Buffalo Grove
aggregation community —that is, for all ratepayers enrolled with the supplier and all ratepayers that remain
with ComEd. The profitable margin on the lower cost accounts enables the supplier to purchase RECs for
all ratepayers in the program —including those served by ComEd. All residents and small businesses
receive notice of the program, with the explanation their power consumption is offset by RECs derived from
Wind generators located in the Midwest.
Regardless of whether supplied by ComEd or the supplier, the entire Buffalo Aggregation Community will
be priced at exactly the ComEd rate (including ComEd's monthly variable Purchased Electricity
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Adjustment). The EPA states this enables the Village to claim power consumed came from a renewable
resource with low or zero emissions.
The program has zero added costs to the residents and to the Village. NIMEC continues to monitor the
market for any potential future cost savings, should rates once again enable such for residents and small
businesses.
As with regular Municipal Aggregation ratepayers may opt out and leave the program at any time and will
never be charged a termination fee. Ratepayers who have privately contracted with another supplier are
not included, but will receive a notice about the program and may choose to enroll.
Communities that have established such a program include Arlington Heights, Clarendon Hills, Crest Hill,
Deer Park, Elmhurst, Gurnee, La Grange Park, Oak Lawn, Oak Park, Orland Park, Oswego, Palos Park,
Round Lake Beach, South Barrington, South Elgin, Tinley Park, and Wood Dale.
Civic Contribution:
As discussed previously, this program can provide an annual "Civic Contribution" to the Village. If the Village
selects 100% Renewable Energy, then a minimal civic contribution may be realized. If 75% Renewable
Energy is chosen, the Village would receive an estimated contribution of $20,000 for each year of the
program. If a 50% Renewable Energy is chosen, the annual civic contribution would be $40,000.
Previous Program Reminders:
As a reminder, all residents that would be moved to the new supplier will receive a notice from the energy
supplier with an option to opt -out. NIMEC's contact information is contained on the notice and they handle
a majority of the calls. The Village will receive calls but they should be minimal. Additionally, having an
aggregation program in place should reduce the number of solicitors that we have in town which has been
a problem since our aggregation program was suspended.
Recommendation:
Based on the information provided, staff recommends to move forward with MC Squared Energy at the
50% REC rate with a $40,000 annual civic contribution for sustainability projects in the community. The
attached Power Supply Agreement is required to move forward with the program. It has been reviewed
and amended by the Village Attorney.
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11.A.b
MASTER POWER SUPPLY AGREEMENT
AGREEMENT BY AND BETWEEN THE VILLAGE OF BUFFALO GROVE AND MC SQUARED
ENERGY SERVICES, AN ILLINOIS LIMITED LIABILITY COMPANY
TO PROVIDE FULL -REQUIREMENTS ELECTRICITY SUPPLY AND RELATED SERVICES FOR AN
ELECTRIC AGGREGATION PROGRAM
This Agreement (hereinafter the "Agreement"), is entered as of January X, 2020 (hereinafter the "Effective
Date") between the Village of Buffalo Grove, Illinois, an Illinois municipal corporation (hereinafter the
"Municipality") and MC Squared Energy Services, LLC (hereinafter the "Supplier") (each a "Party" and
collectively, the "Parties").
RECITALS
A. The Municipality has established an Electricity Aggregation Program (hereinafter the "Program")
pursuant to the Aggregation Ordinance and the Aggregation Statute and will conduct the Program as
an opt -out program pursuant to the Aggregation Ordinance and the Aggregation Statute.
B. In order to identify qualified suppliers of electricity for the Program, the Northern Illinois Municipal
Electric Collaborative ("NIMEC") conducted a Request for Qualifications and Joint Power Supply
Bid process.
C. The purpose of this Agreement is for the Supplier to provide the Full -Requirements Electricity
Supply Services and the Program Implementation Services as defined herein (collectively, the
"Services") to all Eligible Customers who choose not to opt out of the Program throughout the Term
of this Agreement at the Price established in this Agreement.
D. The Supplier acknowledges and agrees that it has all certifications, authorizations, qualifications, and
approvals necessary pursuant to the Requirements of Law to sell Full -Requirements Electricity
Supply to Eligible Customers pursuant to this Agreement, including without limitation that:
1. Supplier is certified by the Illinois Commerce Commission as a Retail Electric
Supplier and is authorized to sell Full -Requirements Electricity Supply to
customers in the State of Illinois utilizing the existing transmission and distribution
systems of ComEd within the service areas of ComEd;
2. Supplier is currently registered with ComEd to serve residential and small
commercial customers under Rate RESS - Retail Electric Supplier Service with
Rider PORCB - Purchase of Receivables and Consolidated Billing; and
3. Supplier has at least three years continuous experience as a Retail Electric Supplier
and has provided Full -Requirements Electricity Supply to at least 25,000
residential or commercial customers.
4. Supplier acknowledges and agrees that it will provide the Services, including
without limitation Full -Requirements Electricity Supply to all Participating
Customers, pursuant to the Bid Package, the Bid Response, this Agreement, and
the Requirements of Law.
5. The Municipality desires to enter into this Agreement with Supplier for the
provision by the Supplier of Full -Requirements Electricity Supply to all Eligible
Customers pursuant to the Program unless exceptions are clearly stated on the RFP
response.
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AGREEMENT
In consideration of the mutual covenants and agreements contained herein, the Municipality and the
Supplier agree as follows:
ARTICLE 1
RECITALS
1.1 The foregoing recitals are, by this reference, fully incorporated into and made part of this Agreement.
ARTICLE 2
DEFINITIONS
The following terms shall have the meanings ascribed to them in this section:
2.1 "Aggregate" means the total number of Eligible Customers that are within the jurisdictional
boundaries of the Municipality.
2.2 "Aggregation Ordinance" means that certain ordinance adopted by the Municipality authorizing the
Program.
2.3 "Aggregation Statute" means the Illinois Power Agency Act, 20 ILCS 3855/1-92 and applicable
rules and regulations of the Illinois Commerce Commission.
2.4 "Billing Services" means those services described in Section 4.4 of this Agreement, including all
subsections of Section 4.4.
2.5 "ComEd" means Commonwealth Edison.
2.6 "Compliance Services" means those services identified in Section 4.5 of this Agreement, including
all subsections of Section 4.5.
2.7 "Confidential Information" means the information defined in Section 9 of this Agreement.
2.8 "Customer Information" means certain information that the Electric Utility or Former Aggregation
Supplier is required by statute (including the Aggregation Statute), regulation, tariff, or contract to
provide to the Corporate Authorities of the Municipality, including without limitation those names
and addresses and Electric Utility account numbers of residential and small commercial retail
customers in the Aggregate area that are reflected in the Electric Utility or Former Aggregation
Supplier's records at the time of the request.
2.9 "Data" has the same meaning as in Section 9 of this Agreement.
2.10 "Electric Utility" means ComEd.
2.11 "Eligible Customers" means residential and small commercial electricity customers receiving Full -
Requirements Electricity Supply within the Municipality who are eligible to participate in the
Program pursuant to the Aggregation Statute and the Requirements of Law, and as determined by the
parameters defined in Exhibit C of this Agreement by the supplier and mutually agreed to by the
Supplier and Municipality.
2.12 "Energy" means generated electricity.
2.13 "Enrollment Services" means those services described in Section 4.3 of this Agreement, including all
subsections of Section 4.3.
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2.14 "Extended Term" means the term defined in Section 5.1 of this Agreement.
2.15 "Force Majeure Event" means the circumstances defined in Section 7.1 of this Agreement.
2.16 "Former Aggregation Supplier" means the RES that supplied the Program of the Municipality
immediately prior to Supplier under this Agreement. If Former Aggregation Supplier as defined
would be Supplier or ComEd, then no Former Aggregation Supplier is considered to exist.
2.17 "Full -Requirements Electricity Supply" means all services or charges necessary to provide the
continuous supply of electricity to all Participating Customers, including, without limitation, Energy,
capacity, losses, renewable portfolio standard (RPS) charges, imbalances, load factor adjustments,
transmission costs, congestion charges, marginal losses, ancillary services, taxes applicable only to
the Supplier, and any additional necessary services or charges.
2.18 "Full -Requirements Electricity Supply Services" means those portions of the Services described in
Section 4.1 of this Agreement, including all subsections of Section 4.1.
2.19 "ICC" means the Illinois Commerce Commission.
2.20 "Independent System Operator" or "ISO" means that certain independent system operator for the
Electric Utility established pursuant to the Public Utilities Act, 220 ILCS 5/16-626.
2.21 "Power Supply Bid" means the bidding process conducted by the Municipality.
2.22 "New Customers" means the customers defined in Section 4.3.9 of this Agreement.
2.23 "Opt -Out Notice" means the notices described in Section 4.2.1.1 of this Agreement and provided to
Eligible Customers informing them of their ability to opt -out of the Program pursuant to the
Requirements of Law.
2.24 "Opt -Out Period" means the time prior to the implementation of the Program during which Eligible
Customers may choose not to participate in the Program pursuant to the Requirements of Law.
2.25 "Opt -Out Process" means the process defined in Section 4.2.1 of this Agreement.
2.26 "Participating Customers" means those Eligible Customers who do not opt out of the Program and
are not Special Billing Customers, and New Customers. Participating customers may be sewed by
Supplier or Tariffed Service pursuant to Attachment C.
2.27 "Plan of Governance" or "POG" means that certain Plan of Operation and Governance approved by
The Municipality pursuant to the Aggregation Statute.
2.28 "Point of Delivery" means the point specified by the Electric Utility at which the Supplier must
deliver the Full -Requirements Electricity Supply to the Electric Utility for distribution to
Participating Customers.
2.29 "Price" means the price expressed in cents per kilowatt hour at which the Supplier will provide the
Services as set forth in Exhibit C to this Agreement.
2.30 "Program" means the electricity aggregation program operated by the Municipality in accordance
with the Aggregation Statute and authorized by the Aggregation Ordinance, to aggregate residential
and small commercial retail electrical loads located within the corporate limits of the Municipality
for the purpose of soliciting and entering into service agreements to facilitate for those loads the sale
and purchase of Full -Requirements Electricity Supply and related Services.
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2.31 "Program Implementation Services" means those portions of the Services described in Section 4.2 of
this Agreement, including all subsections of Section 4.2.
2.32 "Renewable Energy Credits, (RECs)" means a market -based instrument that represents the legal
property rights to the environmental attributes of renewable electricity generation sources such as
wind, solar, biomass or hydroelectric compliant with EPA established guidelines.
2.33 "Requirements of Law" means the Aggregation Ordinance, the Aggregation Statute, the Illinois
Public Utilities Act, the Illinois Consumer Fraud Act, the Plan of Governance, the rules, regulations,
and final decisions of the ICC or Illinois Power Agency (including the ICC Final Order in Docket
No. 11-0434 issued on April 4, 2012), the rules, regulations and tariffs applicable to the Electric
Utility and the Independent System Operator, and all other applicable federal, state, and local laws,
orders, rules, and regulations, all as may be hereinafter duly amended.
2.34 "Retail Electric Supplier" or "RES" means an "alternative retail electric supplier" as that term is
defined in Section 16-102 of the Public Utilities Act, 220 ILCS 5/16-102.
2.35 "Services" means the Full -Requirements Electricity Supply Services, Program Implementation
Services, Enrollment Services, Billing Services, and Compliance Services provided in Article 4 of
this Agreement.
2.36 "Special Billing Customers" means the customers defined in Section 4.3.8 of this Agreement.
2.37 "Supplier" means MC Squared Energy Services, LLC and the lawful successor, transferee, designee,
or assignee thereof
2.38 "Tariffed Service" means the electricity supply service provided by Electric Utility as required by
220 ILCS 5/16-103. The magnitude of Tariffed Services are typically posted on P1ugInIllinois.org
and currently includes ComEd's electricity supply charge plus ComEd's transmission series charge,
and including the ComEd's Purchased Electricity adjustment.
2.39 "Term" means the period of time defined in Section 5.1 of this Agreement.
2.40 "Municipality" means the Village of Buffalo Grove, Illinois.
2.41 "Withdrawing Customer" means a customer defined in Section 4.3.6 of this Agreement.
ARTICLE 3
PROGRAM RESPONSIBILITIES
3.1 Municipality Responsibilities.
3.1.1 Customer Information. The Municipality shall, with the assistance of the Supplier, pursuant
to the Requirements of Law, obtain the Customer Information from ComEd and/or the
previous supplier.
3.1.2 Notices and Customer Information from ComEd and/or the previous supplier. The
Municipality shall promptly forward to Supplier the Customer Information received from
ComEd and/or the previous supplier and each Party will promptly provide to the other Party
any notices received by that Party from ComEd and/or the previous supplier concerning the
accounts of Eligible or Participating Customers.
3.1.3 Submittals to ComEd. The Municipality shall, with the assistance of Supplier, submit to
ComEd (a) the "Government Authority Aggregation Form", (b) a list of Eligible Customers
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11.A.b
who are not Participating Customers because they have elected to opt out of the Program, (c)
a list of all Participating Customers, and (d) such other forms as are or may become necessary
to access interval data for billing or non -billing purposes to the extent that Supplier is
authorized to access such data.
3.1.4 No Municipality Obligations to Provide Services. The Parties acknowledge and agree that the
Municipality is not responsible to provide, and this Agreement shall not be construed to
create any responsibility for the Municipality to provide, the Services to any person or entity,
including without limitation the Supplier, the Electric Utility, the ISO, Eligible Customers,
Special Billing Customers, New Customers or Participating Customers.
3.1.5 No Municipality Financial Responsibility. The Parties acknowledge and agree that this
Agreement does not impose or create, and shall not be construed to create, any financial
obligation of the Municipality to any other person or entity, including without limitation the
Supplier, the Electric Utility, the ISO, Eligible Customers, Special Billing Customers, or
Participating Customers.
3.2 Supplier Obligations.
3.2.1 Provision of Services. The Supplier will provide all of the Services described in Article 4 of
this Agreement throughout the Term, including but not limited to the provision of sufficient
Full -Requirements Electricity Supply to allow the Electric Utility to deliver and distribute
uninterrupted electric service to all Participating Customers. The Supplier acknowledges and
agrees that the Municipality is not responsible to provide, and shall not be liable to the
Supplier or any Eligible Customer for any failure to provide, any Services pursuant to this
Agreement.
3.2.2 Compliance with the Requirements of Law. Supplier shall comply with all Requirements of
Law.
3.2.3 Supplier Press Releases. The Supplier may issue press releases concerning the Program that
are approved in advance by the Municipality prior to issuance.
3.2.4 All information provided by the Supplier to Municipality or any of its agents relating to this
Agreement in any way shall be true and accurate in all respects at all times to the best of
Supplier's knowledge and belief.
ARTICLE 4
SUPPLIER SERVICES
4.1 Full Requirements Electricity Supply. The Supplier must supply the following Full -Requirements
Electricity Supply Services as provided in this Section 4.1.
4.1.1 Scheduling, Transmission and Delivery of Full -Requirements Electricity Supply.
4.1.1.1 Generally. The Supplier shall take all actions necessary to arrange for the scheduling,
transmission, and delivery of Full -Requirements Electricity Supply to the Electric
Utility for distribution to all Participating Customers.
4.1.1.2 Scheduling. Supplier shall schedule the Full -Requirements Electricity Supply for
distribution as required by the ISO and the Electric Utility.
4.1.1.3 Distribution and Transmission Rights. Supplier will arrange for necessary
distribution and transmission rights necessary for the delivery of the Full -
Requirements Electricity Supply to the Electric Utility hereunder.
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4.1.1.4 Transmission and Delivery to Electric Utility.
4.1.1.4.1 Transmission and Delivery. Supplier will cause to be transmitted and
delivered to the Electric Utility at the Delivery Point sufficient Energy to
provide continuous Full -Requirements Electricity Supply to all Participating
Customers. The Municipality acknowledges that the Electric Utility, and not
the Supplier, is responsible for the distribution of the Full -Requirements
Electricity Supply to the Participating Customers after delivery by the Supplier
to the Delivery Point, and that Supplier does not take responsibility for the
distribution of the Full -Requirements Electricity Supply to Participating
Customers after the Supplier provides Full -Requirements Electricity Supply to
the Point of Delivery.
4.1.1.4.2 Failure of Delivery. Supplier acknowledges and agrees that if the Supplier
fails to comply with any requirement related to the Full -Requirements
Electricity Supply to the Participating Customers pursuant to this Agreement,
including without limitation if Supplier fails to schedule all or part of the Full -
Requirements Electricity Supply for any Participating Customer, Supplier
shall be solely responsible for any additional costs, charges, or fees incurred
because of such failure, and shall not pass through any such additional costs,
charges, or fees to Participating Customers.
4.1.2 Pricing. The Supplier shall receive the Price in full payment for all Services, and shall not be
entitled to any additional costs, adjustments, charges, fees, or any other payments or
compensation, except that the Supplier may not impose an early termination fee on
Withdrawing Customers. The Municipality acknowledges that the Price does not include
sales or other consumer -based taxes applicable to Participating Customers or other taxes that
are not applicable to the Supplier.
4.2 Program Implementation Services. In order to maximize flexibility of program notices and terms,
Municipality wishes to provide Program Implementation Services as described in further detail
below. In order to support Municipality in providing Program Implementation Services, Supplier
must provide the following support to Municipality in offering Program Implementation Services as
provided in this Section 4.2:
4.2.1 Opt -Out Process. Supplier, at its sole costs and expense, shall, assist the Municipality, in
administering the process by which Eligible Customers are provided with the opportunity to
opt -out of the Program prior to its implementation (the "Opt -Out Process"), including, but not
limited to, the following:
4.2.1.1 Opt -Out Notices. Supplier, at its own expense, will assist the Municipality in
preparing and mailing form Opt -Out Notices to all Eligible Customers as required
pursuant to the Requirements of Law. Opt -Out Notices to be sent by the Municipality
through the Suppler must include all information required pursuant to the
Requirements of Law, including without limitation: (i) the terms and conditions of
participation in the Program, (ii) the cost to the Customer of Full -Requirements
Electricity Supply under the Program, (iii) the methods by which Customers may opt
out of the Program, and (iv) the length of the Opt -Out Period. The Opt -Out Notices
must prominently include the toll -free telephone number described in Section
4.2.1.3. The form and content of the Opt -Out Notices shall be approved by the
Municipality prior to mailing by Supplier. In addition to the Opt -Out Notices, the
Supplier will provide Participating Customers with terms and conditions for the
provision of Services to those Participating Customers, which terms and conditions
shall comply with and accurately reflect all of the requirements of this Agreement
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11.A.b
and the Requirements of Law and shall be substantially similar to the Illustrative
form attached in Exhibit A.
4.2.1.2 Notices to Special Billing Customers and Utility -to -Utility Customers. The
Municipality acknowledges that the Municipality may provide notices to Special
Billing Customers concerning the Program, the Price, the rates charged to Special
Billing Customers under their existing service, and the opportunity for Special
Billing Customers to opt in to the Program as provided in Section 4.3.9 of this
Agreement. Without regard to whether it is required under Applicable Law,
municipality agrees to send pursuant to Section 4.2.1.1 notices to customers currently
on Tariffed Service who will remain on Tariffed Service while participating in the
Program. This notice shall inform the customer of the existence of the Program and
inform the customer that the customer will stay on Tariffed Service as participants.
4.2.1.3 Toll Free Number and Website Content. In addition to receiving completed Opt -Out
Notices from Eligible Customers by mail, the Supplier shall, at its own expense,
provide, operate, and maintain a toll -free number for the use of Eligible Customers to
opt out of the Program. The toll -free number must be operational during normal
business hours. In addition, the Supplier will use reasonable commercial efforts to
work with the Municipality to develop website content and FAQs appropriate for
posting on the Municipality website. The Opt -Out Notices must prominently
include the toll -free number and the Municipality website address and a met email
address for email inquiries. Supplier will be required to support Spanish speaking
residents and customers with disabilities.
4.2.1.4 Reporting. During the Opt -Out Period, Supplier is responsible to assist the
Municipality for the receipt of all Opt -Out Notices. Supplier must assemble, track,
and report to the Municipality concerning the delivery and receipt of all Opt -Out
Notices to and from Eligible Customers, including without limitation providing the
Municipality with complete information concerning all Eligible Customers who
choose to opt -out of the Program.
4.2.2 Required Disclosures. Supplier shall provide Eligible Customers with all information
required to be disclosed to Eligible Customers concerning Full -Requirements Electricity
Supply and the Program pursuant to the Requirements of Law, including without limitation
all information required to be included in the Opt -Out Notices.
4.2.3 Disclosure to Commission. The Municipality agrees to provide such assistance as is
necessary for Supplier to provide to the ICC pursuant to 83 Ill. Admin. Code § 470.200(a)
required information within three business days of the signing of this Agreement.
4.3 Enrollment Services. The Supplier must supply the following Enrollment Services as provided in this
Section 4.3:
4.3.1 Record of Participating Customers. Following the completion of the Opt -Out Period, the
Supplier shall be responsible for compiling a complete list of all Participating Customers
(including those on Tariffed Service) and those Eligible Customers who have opted out of the
Program and shall ensure that no Eligible Customers who have opted out are enrolled in the
Program.
4.3.2 Enrollment. Upon completion of the Opt -Out Process and the identification of all Eligible
Customers who have opted out of the Program, the Supplier shall, at its sole cost and
expense, take all actions necessary to enroll Participating Customers in the Program pursuant
to the Requirements of Law.
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4.3.3 Term of Enrollment. Participating Customers who do not opt out of the Program shall be
enrolled in the Program by the Supplier and shall remain enrolled in the Program until the
end of the Term, unless the Agreement is terminated pursuant to its terms or the Participating
Customer withdraws from the Program pursuant to Section 4.3.6 of this Agreement.
4.3.4 Direct Access Service Request. The Supplier shall submit a direct access service request to
ComEd for each Participating Customer in compliance with the "standard switching"
subsection of Rate RDS - Retail Delivery Service, in order to allow Full -Requirements
Electricity Supply to commence following the Municipality's implementation schedule which
is attached as Exhibit B.
4.3.5 Payment of Switching Fees. The Supplier shall reimburse Participating Customers for any
switching fee imposed by the Electric Utility related to the enrollment of a Participating
Customer in the Program within 30 days of receiving notice of such switching fee. The
Supplier shall not be responsible to pay any switching fees imposed on Participating
Customers who switch service from an alternative retail electric supplier.
4.3.6 Withdrawal by a Participating Customer. For Participating Customers who notify the
Supplier after the completion of the Opt -Out Period that the Participating Customer desires to
withdraw from the Program ("Withdrawing Customer"), the Supplier must, at the direction of
the Participating Customer, drop the Participating Customer from the Supplier's Full -
Requirements Electricity Supply on the next available meter read, which will result in
restoring the Participating Customer to Tariffed Service. The Supplier will not assess an early
termination fee but the Participating Customer will be responsible to pay for charges incurred
for service prior to the termination.
4.3.7 Customer Service Inquiries. After completion of the Opt -Out Period, Supplier must maintain
and operate a toll -free telephone number and internet email address for the purpose of
receiving questions and comments from Participating Customers concerning the Full -
Requirements Electricity Supply. The Supplier may inform Participating Customers that
questions about the delivery and billing of the Full -Requirements Electricity Supply should
be directed to ComEd. Supplier must promptly and courteously address customer service
inquiries in a manner that meets or exceeds the ICC requirements for the operation of call
centers.
4.3.8 Special Billing Customers. Subject to the Requirements of Law and due to the minimal
and/or fixed nature of their existing billing rates, the following Eligible Customers shall not
be automatically enrolled in the Program but may subsequently elect to enroll in the Program
as New Customers pursuant to Section 4.3.9 of this Agreement.
4.3.8.1 Any Eligible Customer in the residential customer class, as described in Section 4.4.2 of this
Agreement, that is taking service under the following ComEd rates:
• Rate BESH — Basic Electric Service Hourly Pricing
• Rate RDS — Retail Delivery Service; and
4.3.8.2 Any Eligible Customer in the commercial customer class, as described in Section
4.4.2 of this Agreement, that is taking service under the following ComEd rates:
• Rate BESH — Basic Electric Service Hourly Pricing
• Rate RDS — Retail Delivery Service.
(collectively, the "Special Billing Customers")
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4.3.9 New Customers. After the commencement of the Program and the enrollment of Participating
Customers, the Supplier shall, at the request of a New Customer, as defined in this Section
4.3.9, immediately enroll the following customers in the Program and provide Full -
Requirements Electricity Supply to those customers at the Price:
4.3.9.1 Any Eligible Customer within the Municipality that moves to a new location within
the Municipality;
4.3.9.2 Any Eligible Customer that moves into an existing location within the Municipality;
and
4.3.9.3 Any Eligible Customer that previously opted out of the Program during the Opt -Out
Period; and
4.3.9.4 Any Eligible Customer that was inadvertently omitted from the list of Participating
Customers and not enrolled in the Program. (collectively, the "New Customers").
4.4 Billing Services. The Supplier must supply the following Billing Services as provided in this Section
4.4 for all customers served by the Supplier:
4.4.1 Billing Generally. Supplier shall confirm that billing to Eligible Customers will be provided
by ComEd under a consolidated billing format pursuant to "Rider PORCB — Purchase of
Receivables and Consolidated Billing," and pursuant to the Requirements of Law. The
Municipality acknowledges and agrees that ComEd will bill Participating Customers for the
Price of the Full -Requirements Electricity Supply as part of its billing for the distribution of
such supply, and that the Supplier shall not be responsible for billing Participating Customers
4.4.2 Customer Classes. Eligible Customers shall be categorized within either the residential or
commercial customer classes according to the applicable rates under which they received
electricity supply from ComEd prior to participating in the Program.
4.4.2.1 Residential Customer Class. The residential customer class shall include Participating
Customers taking service from ComEd under the following rates:
• Residential Single Family Without Electric Space Heat Delivery Class
• Residential Multi Family Without Electric Space Heat Delivery Class
• Residential Single Family With Electric Space Heat Delivery Class
• Residential Multi Family With Electric Space Heat Delivery Class
4.4.2.2 Commercial Customer Class. The commercial customer class shall include those
Participating Customers taking service from ComEd as described below:
• 15,000 annual kWhs usage or less small commercial customers as defined under
the Requirements of Law including the ComEd Rate GAP Tariff
4.5 Compliance Assistance. When either Supplier or the Municipality has a compliance obligation under
Requirements of Law, the other Party shall take commercially reasonable steps to assist the Party
with the request.
4.6 Following the completion of the Opt -Out Period, the Supplier shall be responsible to compile a
complete list of all Participating Customers in the Program. Supplier will update this list as new
customers are added and deleted. Supplier will make this list available to the Municipality at any
time the Municipality requests the list. Additionally, within 120 days of the end of this agreement,
Supplier will make the Program's load data by rate class available to the Municipality. Load data
shall include:
• Historical Usage Data
• Capacity Peak Load Contribution (PLC) values and effective start and end dates.
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Network Service Peak Load Contribution (PLC) values and effective start and end dates
Meter Bill Group Number
Rate Code
4.7 Upon request of the Village, Supplier agrees to implement a second (supplemental) mailing at the
Supplier's cost to new residents 12 months after the beginning of a 24-month term agreement, and a
third mailing at 24 months, if a 36-month term is selected. Each of these mailings will be at the
option of the Municipality. Supplier will be responsible for all costs associated with the mailing,
including ComEd charges.
4.8 At each renewal of the program, Supplier will conduct an opt in mailing to those residents who have
individually selected an electric supplier other than the Supplier, informing them of the pricing of the
aggregation program.
ARTICLE 5
TERM
5.1 Term. This Agreement commences as of the Effective Date and is for a term of twelve (12) months
of consecutive monthly billing periods starting from the initial meter read date designated by the
Municipality in consultation with the Supplier in March 2020, and expires at the end of the last day
of the 12th billing cycle for the Participating Customer(s) with the latest billing cycle (the "Term").
The Municipality and the Supplier may extend the Term for additional periods of time up to 3 years
for each extension, by written agreement approved and executed by each Party (each an "Extended
Term"). In the event that the Municipality discontinues its aggregation program, nothing in this
Agreement shall be construed to prevent Supplier from following the procedure for customer
renewal in the Customer Terms and Conditions (Exhibit A) for any Participating Member.
5.2 In the event this agreement is not renewed or terminated for any reason, including expiration
according to its terms, the Municipality may choose another RES or Retail Electric Supplier and
Supplier shall allow all Participating Customers to be switched to the selected RES, or all
Participating Customers shall be switched by the Supplier to service with ComEd in accord with the
standard switching rules and applicable notices or as otherwise required by any applicable law or
regulation.
ARTICLE 6
REMEDIES AND TERMINATION
6.1 Municipality's General Remedies. In addition to every other right or remedy provided to the
Municipality under this Agreement, if the Supplier fails to comply with any of the provisions of this
Agreement (for reason other than a Force Majeure Event pursuant to Section 7.1 of this Agreement
or a Regulatory Event pursuant to Section 7.2 of this Agreement), then the Municipality may give
notice to the Supplier specifying that failure. The Supplier will have 15 calendar days after the date
of that notice to take all necessary steps to comply fully with this Agreement, unless (a) this
Agreement specifically provides for a shorter cure period, or (b) an imminent threat to the public
health, safety, or welfare arises that requires a shorter cure period, in which case the notice must
specify the cure period, or (c) compliance cannot reasonably be achieved within 15 calendar days but
the Supplier promptly commences a cure and diligently pursues the cure to completion. If the
Supplier fails to comply within that 15-day period, or the shorter period if an imminent threat, or if
the Supplier fails to promptly commence a cure and diligently pursue the cure to completion, then
the Municipality, subject to the limits of applicable federal or State of Illinois law, may take any one
or more of the following actions:
6.1.1 Seek specific performance of any provision of this Agreement other than provision of
Services or seek other equitable relief, and institute a lawsuit against the Supplier for those
purposes.
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6.1.2 Institute a lawsuit against the Supplier for breach of this Agreement and, except as provided
in Section 6.3 of this Agreement, seek remedies and damages as the court may award.
6.1.3 In the case of noncompliance with a material provision of this Agreement, declare this
Agreement to be terminated in accordance with the following:
6.1.3.1 The Municipality will give written notice to the Supplier of the Municipality's intent
to terminate this Agreement ("Termination Notice"). The notice will set forth with
specificity the nature of the noncompliance. The Supplier will have 10 calendar days
after receipt of the notice to object in writing to termination, to state its reasons for
that objection, and to propose a remedy for the circumstances. If the Municipality has
not received a response from the Supplier, or if the Municipality does not agree with
the Supplier's response or any remedy proposed by the Supplier, then the
Municipality will conduct a hearing on the proposed termination. The Municipality
will serve notice of that hearing on the Supplier at least 10 business days prior to the
hearing, specifying the time and place of the hearing and stating the Municipality's
intent to terminate this Agreement.
6.1.3.2 At the hearing, the Supplier will have the opportunity to state its position on the
matter, present evidence, and question witnesses. Thereafter, the Municipality will
determine whether or not this Agreement will be terminated. The hearing must be
public and held on record.
6.1.3.3 The decision of the Municipality must be in writing and delivered to the Supplier by
certified mail.
6.2 Actions on Termination or Expiration of this Agreement. Services to Participating Members will be
provided subsequent to a termination or expiration of this Agreement as set forth below:
6.2.1 If this Agreement expires due to reaching the end of the Term (including any Extended
Terms) and Municipality wishes to continue the Aggregation Program with a different RES, Supplier
will cooperate with the Municipality.
6.2.2 If this Agreement expires or terminates before the end of the Term (including any Extended
Terms) for any reason other than Supplier's breach pursuant to Section 6.1.3, Participating Members
may be renewed by Supplier pursuant to the Terms and Conditions set out in Exhibit A to this
Agreement.
6.2.3 if this agreement is terminated before the expiration of the Term (including any Extended
Terms) due to breach by Supplier and pursuant to Section 6.1.3 of this Agreement, Supplier will
return all Participating Members to ComEd. In such event, Supplier shall not be responsible to any
Participating Member for any damages or penalties resulting from the return to Tariffed Service,
including claims relating to the Tariffed Service price being higher than the Price herein.
6.3 Limitation of Liability. Except for the Supplier's failure to provide Full -Requirements Electricity
Supply to Participating Customers not on Tariffed Service or the disclosure of Customer Information
in violation of the Requirements of Law, or as otherwise specifically provided herein, in no event
will either Party be liable to the other Party under this Agreement for incidental, indirect, special, or
consequential damages connected with or resulting from performance or non-performance of this
Agreement, irrespective of whether such claims are based upon breach of warranty, tort (including
negligence of any degree), strict liability, contract, operation of law or otherwise.
6.4 Termination by Municipality. Notwithstanding the preceding, the Municipality may terminate this
Agreement with not less than ninety (90) days advance notice ("Advance Notice Period"). After
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expiration of the Advance Notice Period, neither Supplier nor Municipality shall have obligations to
each other except: (a) such obligations as survive termination pursuant to the terms of this
Agreement, (b) obligations under Exhibit C in the event of early termination. Nothing in this Section
6.4 requires termination of any contracts or agreements between Supplier and Eligible Customers.
ARTICLE 7
FORCE MAJEURE EVENTS;
REGULATORY EVENTS AND ADDITIONAL CHARGES, TAXES OR LEVIES
7.1 Force Majeure Events. The Supplier shall not be held in default under, or in noncompliance with, the
provisions of the Agreement, nor suffer any enforcement or penalty relating to noncompliance or
default (including termination, cancellation or revocation of the Franchise), where such
noncompliance or alleged defaults occurred or were caused by a "Force Majeure Event," defined as a
strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm, hurricane,
tornado or other catastrophic act of nature, labor disputes, or other event that is reasonably beyond
the Supplier's ability to anticipate or control. Non-compliance or default attributable to a Force
Majeure Event shall be corrected within a reasonable amount of time after the Force Majeure Event
has ceased.
7.2 Regulatory Event. A "Regulatory Event" shall mean any time that any branch, agency,
instrumentality, or court of the federal, regional (interstate), state, regional (inter -municipality), or
local government takes an action that: (1) alters the market rules under which Supplier operates,
including the magnitude or allocation of costs to Supplier, and (2) is applicable to similarly situated
RES. For the purposes of this Agreement, "Regulatory Event" shall not include mere changes in
market prices for any component of Full -Requirements Electric Supply Services, but would include
changes in market prices due to changes in regulation of such components. For the avoidance of
doubt, the following shall constitute a "Regulatory Event":
a. Illegality. It becomes unlawful for a Party to perform any obligation under this Agreement due
to the adoption of, or change in the interpretation of any applicable law by any judicial or
government authority with competent jurisdiction.
b. Adverse Government Action. A regulatory, legislative or judicial body (A) requires a material
change to the terms of this Agreement that materially and adversely affects a Party, (B)
takes action that adversely and materially impacts a Party's ability to perform or requires a
delay in the performance of this Agreement that either Party determines to be unreasonable, or
(C) orders a change or modification that affects the Program such that either Party's obligations
hereunder are materially changed, and the change is not deemed a Force Majeure Event.
c. New Taxes/Legislative or Regulatory Charges/Surcharges. Any new charges/surcharges, tax or
increases in such tax, or an application of such tax to a new or different class of parties, which
is enacted or levied on the Supplier, not recoverable by Supplier from Participating Customers
pursuant to Section 7.3 below, and effective after the Execution Date, except federal and state
income taxes, employee taxes or other taxes assessed against the business of the Supplier or the
delivery of services under this Agreement.
7.3 Occurrence of Regulatory Event. In the occurrence of a Regulatory Event that results in the
imposition of a generally applicable additional charge, tax, or levy upon Supplier, and similarly
situated RES, then Supplier will adjust the Price to reflect such additional charge, tax or levy by the
following procedure:
a. The Supplier shall provide written notice to the Municipality within 15 days after the
occurrence of such action or inaction, o£ (i) the nature of the action or inaction; (ii) the
adjustment of the Price for the applicable Term and (iii) the date on which the price adjustment
will become effective.
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b. Within 15 days after receipt of the notice described in Section 7.3(a), the Municipality shall
have the right to request a meeting with the Supplier to review the action or inaction, and the
price adjustment, identified by the Supplier. The Supplier and the Municipality shall meet
within five business days after delivery of such request to the Supplier, and shall cooperate in
good faith to resolve any dispute regarding the price adjustment. Provided that nothing herein
shall prevent the price adjustment from becoming effective on Participating Customers bills on
the date noticed pursuant to 7.3(a) above.
The Supplier shall continue to provide the Services during any such negotiations, unless
prohibited by law or regulation. This Section 7.3 shall not apply to any fine or penalty assessed
against the Supplier as a result of any failure by the Supplier to comply with applicable laws
and regulations.
ARTICLE 8
INDEMNIFICATION AND INSURANCE
8.1 Indemnification. The Supplier shall indemnify and hold harmless the Municipality, its officers,
employees, agents, and attorneys, from and against any third -party injuries, claims, demands,
judgments, damages, losses and expenses, including reasonable attorney's fees and costs of suit or
defense, arising from the Supplier's provision of the Services, except to the extent caused by the sole
negligence of the Municipality This duty shall survive for all claims made or actions filed within one
(1) year following either the expiration or earlier termination of this Agreement. The Municipality
shall give the Supplier timely written notice of its obligation to indemnify and defend the
Municipality after the Municipality's receipt of a claim or action pursuant to this Section. For
purposes of this Section, the word "timely" shall mean within a time period that does not cause
prejudice to the respective positions of the Supplier and/or the Municipality. Nothing herein shall be
construed to limit the Supplier's duty to indemnify the Municipality by reference to the limits of
insurance coverage described in this Agreement. Notwithstanding anything in this Section to the
contrary, under no circumstance will Supplier be liable to indemnify beyond $1,000,000 per
occurrence for bodily injury or property damage or $1,000,000 for other claims.
8.2 Insurance. Contemporaneous with the Supplier's execution of this Agreement, the Supplier shall
provide certificates of insurance, all with coverage and limits as set forth in Exhibit D to this
Agreement. For good cause shown, the Municipality Village Manager, or his or her designee may
extend the time for submission of the required policies of insurance upon such terms, and with such
assurances of complete and prompt performance, as the Municipality Village Manager, or his or her
designee may impose in the exercise of his sole discretion. Such certificates and policies shall be in a
form acceptable to the Municipality Such insurance policies shall provide that no change,
modification in, or cancellation of, any insurance shall become effective until the expiration of 30
days after written notice thereof shall have been given by the insurance company to the Municipality.
The Supplier shall, at all times during the term of this Agreement, maintain and keep in force, at the
Supplier's expense, the insurance coverage provided above.
ARTICLE 9
CONFIDENTIAL INFORMATION
9.1 Confidential and Proprietary Information. Notwithstanding anything to the contrary set forth herein, s
the Parties are not required to disclose information which they reasonably deem to be proprietary or
confidential in nature. The Parties agree that any information disclosed by a Party and designated as Q
proprietary and confidential shall only be disclosed to those officials, employees, representatives,
and agents of the other Party that have a need to know in order to administer and enforce this
Agreement. For purposes of this Section, the terms "proprietary or confidential" include, but are not
limited to, information relating to a Party's corporate structure and affiliates, marketing plans,
financial information unrelated to the calculation of the Price or rates pursuant to the Requirements
of Law, or other information that is reasonably determined by a Party to be competitively sensitive.
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A Party may make proprietary or confidential information available for inspection but not copying or
removal by the other Party's representatives. Compliance by the Municipality with the Illinois
Freedom of Information Act, 5 ILCS 140/1 et seq. (hereinafter the "Illinois FOIA"), including
compliance with an opinion or directive from the Illinois Public Access Counselor or the Illinois
Attorney General under the Illinois FOIA, or with a decision or order of a court with jurisdiction
over the Municipality, shall not be a violation of this Section.
9.2 Ownership of Data and Documents. All data and information, regardless of its format, developed or
obtained under this Agreement (hereinafter the "Data"), other than the Supplier's confidential
information, will be and remain the sole property of the Municipality. The Supplier must promptly
deliver all Data to the Municipality at the Municipality's request. The Supplier is responsible for the
care and protection of the Data until that delivery. The Supplier may retain one copy of the Data for
the Supplier's records subject to the Supplier's continued compliance with the provisions of this
Agreement. However, nothing in this Section shall prevent Supplier from retaining copies of such
documentation and data as is needed to fulfill any Requirement of Law regarding record retention.
9.3 Limitations on Customer Information. Both Parties acknowledge and agree that the Customer
Information is subject to, and must be maintained in compliance with, the limitations on disclosure
of the Customer Information established by the Requirements of Law, including without limitation
the Aggregation Statute, Section 16-122 of the Public Utilities Act, 220 ILCS 5/16-102, Section 2HH
of the Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/2HH, the ICC Order in
Case No. 11-0434 issued April 4, 2012, and the provisions of ComEd's Tariff Rate GAP, and Parts
412 and 470 of the ICC's Rules. The Municipality shall warrant to ComEd that customer -specific
information provided to the Municipality in accordance with the provisions of ComEd's Tariff Rate
GAP shall be treated as confidential. To protect the confidentiality of Customer Information:
9.3.1 Supplier access to Customer Information is limited those authorized representatives of
Supplier, or any third party, who have a need to know the information for proposes of this
Agreement.
9.3.2 Supplier warrants that it will not disclose, use, sell, or provide Customer Information to any
person, firm or entity for any purpose outside of the aggregation program, unless agreed to by
the Municipality.
9.3.3 Supplier and Municipality acknowledge that Customer Information remains the property of
the Municipality and that material breaches of confidentiality will prohibit Supplier from placing any
new bids to the Municipality's subsequent Request(s) for Qualifications for a period of one year after
termination of this Agreement.
9.3.4 Supplier will comply with record retention and destruction Requirements of Law including
but not limited to those in ComEd Rate GAP and Part 470 of the ICC's Rules.
9.4 Proprietary Rights, Survival. Each Party acknowledges the proprietary rights of the other Party in
and to the Confidential Information. The obligations under this Article Nine shall survive the
conclusion or termination of this Agreement for two (2) years.
ARTICLE 10
MISCELLANEOUS
10.1 Notices. Any notices, requests or demands regarding the services provided under this Agreement and
the Attachments shall be deemed to be properly given or made (i) if by hand delivery, on the day and
at the time on which delivered to the intended recipient at its address set forth in this Agreement; (ii)
if sent by U.S. Postal Service mail certified or registered mail, postage prepaid, return receipt
requested, addressed to the intended recipient at its address shown below; or (iii) if by Federal
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Express or other reputable express mail service, on the next Business Day after delivery to such
express service, addressed to the intended recipient at its address set forth in this Agreement. The
address of a Party to which notices or other communications shall be mailed may be changed from
time to time by giving written notice to the other Party.
To Municipalit.
Village of Buffalo Grove
50 Raupp Blvd
Buffalo Grove, IL 60089
Attention: Village President
With a copy to:
Village of Buffalo Grove
50 Raupp Blvd
Buffalo Grove, IL 60089
Attention: Village Attorney
To Supplier:
Charles C. Sutton
President
MC Squared Energy Services, LLC
175 W. Jackson Blvd., Suite 240
Chicago, IL 60604
Fax: (877) 281-1279
With a copy to:
Jeremiah McGair
Senior Counsel
Wolverine
175 W. Jackson Blvd. Suite 200
Chicago, IL 60604
Fax: (312) 884-3944
10.2 Mutual Representations and Warranties. Each Party represents and warrants to the other Party, as of
the date of this Agreement, that:
a. It is duly organized and validly existing under the laws of the jurisdiction of its organization or
incorporation, and if relevant under such laws, in good standing;
b. It has the corporate, governmental and/or other legal capacity, authority and power to execute,
deliver and enter into this Agreement and any other related documents, and perform its
obligations under this Agreement, and has taken all necessary actions and made all necessary
determinations and findings to authorize such execution, delivery and performance;
c. The execution, delivery and performance of this Agreement does not violate or conflict with
any law applicable to it, any provision of its constitutional documents, any order or judgment
of any court or other agency of government applicable to it or any of its assets or any
contractual restriction binding on or affecting it or any of its assets; and
d. It has reviewed and understands this Agreement; and
e. It, to the extent applicable, shall comply with all the Requirements of Law.
10.3 Supplier agrees that all information presented in its Response to Qualifications for Municipal
Aggregated Electricity Supply For Member Communities of the Northern Illinois Municipal Electric
Collaborative are accurate and there have been no material changes to that information. Any
exceptions are noted on attached Exhibit and made part of this agreement.
10.4 Entire Agreement. This Agreement and the response to qualifications referenced in 10.3, including
all Attachments hereto, contain all of the terms and conditions of this Agreement reached by the
Parties, and supersede all prior oral or written agreements with respect to this Agreement. This
Agreement may not be modified, amended, altered or supplemented, except by written agreement
signed by both Parties hereto. No waiver of any term, provision, or conditions of this Agreement,
whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall
constitute a waiver of any other provision hereof, whether or not similar, nor shall such waiver
constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the
Party making the waiver.
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10.5 Exhibits. Exhibits A through D attached to this Agreement are, by this reference, incorporated into
and made part of this Agreement.
10.6 Waivers. The failure of either Party to insist upon strict performance of such requirements or
provisions or to exercise any right under this Agreement shall not be construed as a waiver or
relinquishment of such requirements, provisions or rights.
10.7 Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Illinois without regard for the conflicts of law provisions thereof.
10.8 Controlling Provisions. In the event of any inconsistency between the terms herein and the terms of
the Exhibits hereto, the provisions of the Exhibits shall control. For avoidance of doubt, the
obligations of the Supplier and Participating Customers including without limitation, renewal terms
with the Participating Customers, as set forth in the attached Exhibit A, Terms and Conditions shall
govern the relationship between met and Participating Customers upon termination of this
Agreement.
10.9 Severability. Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions or affecting the validity or enforceability of such
provision in any other jurisdiction. The non -enforcement of any provision by either Party shall not
constitute a waiver of that provision nor shall it affect the enforceability of that provision or the
remainder of this Agreement.
10.10 Venue. Except as to any matter within the jurisdiction of the ICC, all judicial actions relating to any
interpretation, enforcement, dispute resolution or any other aspect of this Agreement shall be brought
in the Circuit Court of the State of Illinois, Cook County, Illinois. Any matter brought pursuant to the
jurisdiction of the federal court shall be brought in the United States District Court of the Northern
District of Illinois.
10.11 No Third -Party Beneficiaries. Nothing in this Agreement is intended to confer third -party beneficiary
status on any person, individual, corporation or member of the public to enforce the terms of this
Agreement.
10.12 No Waiver of Rights. Nothing in this Agreement shall be construed as a waiver of any rights,
substantive or procedural, that the Municipality may have under Federal or state law unless such
waiver is expressly stated herein.
10.13 Validity of Agreement. The Parties acknowledge and agree in good faith on the validity of the
provisions, terms and conditions of this Agreement, in their entirety, and that the Parties have the
power and authority to enter into the provisions, terms, and conditions of this Agreement.
10.14 Authority to Sign Agreement. Each Party warrants to the other Party that it is authorized to execute,
deliver and perform this Agreement. The individual signing this Agreement on behalf of each Party
warrants to the other Party that he/she is authorized to execute this Agreement in the name of the
Party for which he/she is signing.
10.15 Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the Municipality
and the Supplier and their respective successors, grantees, lessees, and assigns throughout the Term
of this Agreement.
10.16 Non -Assignability. This Agreement shall not be transferred or assigned by the Supplier without the
express written authorization of the Municipality, which consent shall not be unreasonably withheld,
provided, however, that upon advance written notice to the Municipality, Supplier may assign this
Agreement to Supplier's affiliate without the express authorization of the Municipality. For the
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purposes of this Section 10.16, "affiliate" shall mean any entity that shares a common parent entity,
whether that common parent is the common parent is a direct parent or indirect parent.
10.17 Counterparts. This Agreement may be executed in one or more counterparts (delivery of which may
occur by facsimile or electronic email), each of which shall be deemed an original, but all of which
shall together constitute one instrument.
10.18 Waiver of Immunity. Nothing contained in this Agreement shall constitute a waiver by the Village
of any right, privilege or defense available to the Village under statutory or common law, including,
but not limited to, the Illinois Local Governmental and Governmental Employees Tort Immunity
Act, 745 ILCS 10/1-101 et seq., as amended.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement to be effective on the date first
written above.
Supplier: MC Squared Energy Services, LLC Municipality: Village of Buffalo Grove
Signed:
Printed/Typed Name: Charles C. Sutton
Title: President
Date:
Attest:
Signed:
Printed/Typed Name:
Title: Village President
Date:
Attest:
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EXHIBIT A— ILLUSTRATIVE GENERAL STANDARD T&CS AND UDS
VILLAGE OF BUFFALO GROVE
CUSTOMER ELECTRIC SUPPLY AGREEMENT
TERMS AND CONDITIONS OF SERVICE
The following Terms and Conditions of Service (Agreement) apply to the provision of electric supply to Customer (or "you") by
MC Squared Energy Services, LLC dlbla mc2 — Where Energy Comes From (mc2).
Supply Agreement Disclosures
Legal name
MC Squared Energy Services, LLC (mc2)
Business address
175 West Jackson Blvd, Suite 240
Chicago, IL 60604
Variable rate including ComEd Purchased Electricity Charges,
Service charges for term
Transmission Charges and ComEd Purchased Electricity
Adjustment for Twelve 12 months.
Fixed monthly charge if an
$0.00
Fixed monthly charge terms if an
N/A
Contract Term —Twelve (12) months
Renewal Terms - Unless this Agreement and/or the PSA is
terminated prior to the end of the term of this Agreement and
in the event the PSA is not renewed or extended by the
Contract and renewal terms
Village of Buffalo Grove, you will be restored to ComEd
bundled service at the end of the term of this Agreement. If the
PSA is renewed or extended by the Village of Buffalo Grove,
you will receive a notice with the proposed specific rate, terms
and conditions and the opportunity to opt -out of the Village 's
Aggregation Program.
Termination fee if an
$0.00
De ositl re a ment if an
$0.00
Switching fees if an
$0.00
Guarantees of Customer Savings If an
N/A
You may rescind this contract by notifying mc2 or the utility
within ten (10) calendar days after the utility processes your
Rescission
enrolment. To rescind this agreement, contact mc2 at Buffalo
Grove(a.mc2energyservices.com or call
1-XXX-XXX-XXXX; or contact ComEd at 1-800-334-7661.
mc2 is an independent seller of electric power and energy
service certified by the Illinois Commerce Commission. mc2 is
Supplier disclosure
not representing, endorsed by, or acting on behalf of a utility
or a utility program, a consumer group or consumer group
program. This Municipal Aggregation Program is endorsed by
the Village of Buffalo Grove.
The electric utility remains responsible for the delivery of
electric power and energy to a customer's premises and will
Utility Responsibility
continue to respond to any service calls and emergencies.
You will receive written notification from the electric utility
confirming a switch of your electricity supplier.
Contact Information
MC Squared Energy 1-8XX-XXX-XXXX
(Toll free phone numbers)
Utility ComEd 1-800-334-7661
ICC Consumer Services Division 1-800-524-0795
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11.A.b
Scope of mcz Service
You appoint mcz as your exclusive Alternative Retail Energy Supplier (ARES). mcz agrees to sell and you agree to buy all of your electric power
and energy service subject to the terms in this Agreement. You authorize mcz to obtain all data necessary so that mcz can enroll your account(s)
and you authorize us to take such actions as necessary and reasonable to perform this Agreement, including accessing and using account
information and meter usage data (including interval usage data) from the Utility (ComEd), enrolling account(s), procuring supply, scheduling
and causing electricity to be delivered to each account.
Price
For delivery of power to ComEd's distribution facilities on behalf of your Utility account(s), you agree to pay the variable price per kWh,
calculated pursuant to that certain Power Supply Agreement ("PSA") between the Village of Buffalo Grove and mc2 dated January X, 2020. The
PSA price through your March 2021. ComEd meter read date under this Agreement is equal to the monthly ComEd Purchased Electricity
Charges, Transmission Charges and ComEd Purchased Electricity Adjustment per kWh. In addition to mc2 electricity supply charges, ComEd
distribution charges and related taxes will be itemized separately by ComEd in your bill and are not included in the price under this Agreement.
You are responsible to pay ComEd for these charges.
Term
mcz will commence service on the next available meter read date and continue through the number of monthly billing cycles set forth in the
above Supply Agreement Disclosure of this Agreement. The start date for the Initial Term will be subject to receiving an accepted Delivery
Access Service Request (DASR) from the Utility for Customer's Utility account. The Initial Term and any Renewal Term are collectively referred
to herein as the "Term".
Billing and Payment
The cost of your power and energy from mcz will be included on your Utility bill for each billing cycle and will be based on Utility meter reads or
estimates from the Utility. You agree that the Utility may provide us with your payment information and that you accept the Utility's
measurements for the purpose of determining the amount you owe mcz for power and energy under this Agreement. You must remit payment to
the Utility under their terms and at the address provided by the Utility.
Renewal
Unless this Agreement and/or the PSA is terminated prior to the end of the term of this Agreement and in the event the PSA is not renewed or
extended by the Village of Buffalo Grove, you will be restored to ComEd bundled service at the end of the term of this Agreement. If the PSA is
renewed or extended by the Village, you will receive a notice with the proposed specific rate, terms and conditions and the opportunity to opt -out
of the Village's Aggregation Program.
CANCELLATIONS MAY BE SENT ELECTRONICALLY TO: Buffalo Grovena.mc2energvservices.com
OR MAY BE MAILED TO:
MC Squared Energy Services, LLC - mc2
175 West Jackson Blvd., Suite 240
Chicago, IL 60604
Fax: (877) 281-1279
OR CAN BE CALLED IN TO: 1-8XX-XXX-XXXX
Termination
In addition to any other remedies mc2 may have, this Agreement may be terminated by mc2 upon 30-day notice to customer if we return your
service to ComEd per the PSA, you move outside the Village of Buffalo Grove area, you cease to be a ComEd customer or become ineligible for
ComEd's Consolidated Billing. You may terminate this Agreement within 10 days after you receive your first bill under this Agreement from
ComEd by notifying us at 1-8XX-XXX-XXXX. There is NO Termination Fee if you terminate the MC Squared Agreement prior to the end of the
applicable term. If you terminate your agreement early, you will be obligated to pay for services rendered under the contract until service is
terminated.
Adverse Material Change
This Agreement may be revised at any time by mcz in the event of the occurrence of an event beyond mcz reasonable control that materially
alters the obligations of mcz in performance of this Agreement. In such circumstances, mcz will notify you and offer you a revised price and
terms. If you do not accept the revised price and terms within 30 days, mcz may terminate this Agreement.
Community Solar
Definitions: The following definitions from external sources are incorporated by reference.
• "Community Solar," or "CS," is a type of net metering that is available to customers pursuant to Section 16-107.5(I) of the Public
Utilities Act [220 ILCS 5] and ComEd Rider POGCS [ILL C.C. No. 10, Sheet 344].
• "Subscriber" and "Subscription" are defined in Section 1-10 of the Illinois Power Agency Act [20 ILCS 3855]; "Subscriber" shall also
incorporate the definition of "CS Subscriber" from ComEd Rider POGCS.
• "CS Beneficiary" is defined in ComEd Rider POGCS.
• "Energy Supply Rate" is defined below, and is intended to reflect an estimate of mc2 costs to serve the Customer net of capacity,
transmission, and other costs.
Community Solar Arranged By Customer Independent Of Supplier. To the extent that Customer is granted Subscriber or
Beneficiary status by their utility with a CS project that Supplier did not arrange, the credit from Supplier to Customer pursuant to
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11.A.b
Section 16-107.5(I)(2) of the Public Utilities Act (e.g., the Energy Supply Rate) shall be no higher than $0.02/kWh, unless
otherwise specified in the Confirmation attached hereto. Customer need not take further action with mc2 to effectuate such a
subscription or other interest.
Customer acknowledges that mc2 will provide credits to the customer based on information provided by the utility to the Regional Transmission
Organization/RTO and/or mc2. Customer agrees to indemnify and hold harmless mc2 for any errors made by the utility or Regional
Transmission Organization/RTO in providing or communicating relevant credits and information to mc2.
Notices
Except as otherwise set forth in this Agreement or required by applicable law, notices to be provided under this Agreement shall be by U.S. Mail
to the mailing address provided or electronic to the email address if provided.
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Limitations of Liabilities
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LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE SHALL BE LIMITED TO DIRECT AND ACTUAL
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DAMAGES AS THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES EXPRESSLY WAIVED. NEITHER
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PARTY WILL BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR
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INDIRECT DAMAGES. MC2S LIMITATIONS APPLY WITHOUT REGARD TO THE CAUSE OF ANY LIABILITY OR DAMAGE.
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Miscellaneous Provisions Waiver
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A waiver by either Party of any breach of the Agreement, or failure of either Party to enforce any of the terms and provisions of the Agreement,
will not in any way affect, limit or waive that Party's right to subsequently enforce and compel strict compliance with the same or other terms or
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provisions of the Agreement.
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Assignment
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Neither Party may assign the Agreement, in whole nor in part, without the other Party's prior written consent, but neither party may
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unreasonably withhold consent. However, mc2 may assign the Agreement to another ARES without Customer's prior consent but that ARES
shall agree in writing to be bound by this Agreement.
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Force Majeure
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If either Party is unable to perform its obligations, in whole or in part, due to an event of Force Majeure as defined herein, then the obligations of
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the affected Party (other than the obligations to pay any amounts due prior to the Force Majeure event) shall be suspended to the extent made
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necessary by such event. The term Force Majeure shall mean any act or event that is beyond the claiming Party's control (and which is not
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reasonably anticipated and prevented through the use of reasonable measures) including, without limitation, the failure of the Utility to receive,
transport or deliver or otherwise perform, unless due to the failure of the Party claiming Force Majeure to perform such Party's obligations
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hereunder, and an event of Force Majeure of mc2 suppliers. The Party suffering the event of Force Majeure shall give written notice of such
event of Force Majeure in reasonably full particulars to the other Party, as soon as reasonably possible. Each Party shall make reasonable
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efforts to remedy Force Majeure as soon as possible. Force Majeure shall not include (i) the opportunity for mc2 to sell the electricity to be sold
under this Agreement to another party at a higher price than that set forth in the Agreement, (ii) the opportunity for Customer to purchase the
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electricity (or its Accounts from another party) at a lower price than that set forth in the Agreement, or (iii) the inability of either Party to pay its
bills under the Agreement or any other of its bills.
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Entire Agreement Amendments
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This Agreement constitutes the entire understanding between the Parties, and supersedes and replaces any and all previous understandings,
oral or written, in any matter relating to this Agreement. This Agreement may be amended only upon mutual agreement of the Parties and will
only be effective if the amendment is in writing and executed by the Parties.
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Emergency, Outage and Wire Service
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In the event of an emergency, outage or service need, Customer must call the Utility at the emergency number indicated on the Utility invoice: 1-
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800-EDISON1 (1-800-334-7661).
Customer Care
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Customer may contact mc2 for Customer Care if Customer has specific comments or questions by calling mc2s toll -free telephone number at
1-8XX-XXX-XXXX between the hours of 8AM and 5PM Central Prevailing Time (CPT), faxing mc2 at (877) 281-1279, emailing mc2 at Buffalo
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GroveCo)mc2energyservices.com or mailing to the business address. The Illinois Commerce Commission can also be reached at 1-800-524-
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0795, TTY at (800) 858-9277 and their website address is http://www.icc.illinois.gov/.
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Dispute Resolution
In the event of a dispute between you and mc2, you and mc2 both agree to (1) raise any claim that could be brought at the Illinois Commerce
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Commission ("Commission") at the Commission, and (2) in the event of a dispute at the Commission, agree to voluntary binding arbitration
pursuant to the Commission's Rules.
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11.A.b
UNIFORM DISCLOSURE STATEMENT
Name: MC Squared Energy Services, LLC (mc2)
Address: 175 West Jackson Blvd, Suite 240 Chicago, IL 60604
Phone: 1-877-622-7697
ProductRates and
Price (in cents/kWh) and number of months
Variable - ComEd Purchased Electricity
this price stays in effect:
Charges, Transmission Charges and ComEd
Purchased Electricity Adjustment.
12 months
Other monthly charges:
None
Total Price (in cents/kWh) with other monthly
N/A
charges:
Length of contract:
Twelve 12 months
Price after the initial rice:
N/A
Early Termination Fees and Contract Renewal
Early Termination Fee:
$0.00
Contract Renewal:
No Automatic Renewal
Right to Rescind and Cancel
Rescission:
You have a right to rescind (stop) your
enrollment within 10 days after your utility has
received your order to switch suppliers. You
may call us at 1-8XX-XXX-XXXX or your utility
at (800) 334-7661 to accomplish this.
Cancellation:
You also have the right to terminate the
contract without any termination fee or penalty
if you contact us at 1-8XX-XXX-XXXX within 10
business days after the date of your first bill
with charges from MC Squared Energy
Services (mc2).
This is a sales solicitation and the seller is MC Squared Energy Services (mc2), an independent retail
electricity supplier. If you enter in a contract with the seller, you will be changing your retail electric
supplier. The seller is not endorsed by, representing, or acting on behalf of, a utility or utility program,
a governmental body or a governmental program, or a consumer group or a consumer group
program.
If you have any concerns or questions about this sales solicitation, you may contact the Illinois
Commerce Commission's Consumer Services Division at (800) 524-0795. For information about the
electric supply price of your electric utility and offers from other retail electric suppliers, please visit
Pluglnlllinois.org.
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EXHIBIT B
Buffalo Gro�ve Opt Out Mafling&chediule March 2020(ESTIMATED)
Meter Cycles 2 to 7
Date
Buffalo Grove Activity Opt Out Schedule
1/6/20
Assumed date Vfllage signs Power Supply Agreement
1/7/20
Village sends MC' aH information necessaryto cireate lindiviclual le!tterl'i,eads, aind outer
einveloples, so mailing lus from Village
1/7/20
MC2 receives updated Address lists and Account numbers froini Village
1/7/20
MC2 orders letterheads and oute:ir envelopes from maifing house,
1/7/20
MC' send draft maifflng packets, to, ViHage for approval
1/11/20
Village appirove!s, the final mailing material; mc'sends to mailing house for print
1/21/19,
21 days Opt Out Notice Mailing Drop
2/11/20
Opt Out Due, Date
2/12/20
MCI (processes account numbers, for enrolliment
2/14/20
D,ASIR dates fEnrol[imeints fair meter cycles, 2)
3/4/20
First Im eter cyclie,start foir the, new, pirilce ((P arch mpeter, cycle 2)
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11.A.b
EXHIBIT C
PRICE
Eligible Customers as defined in Section 2.11 includes all residential and small commercial
Aggregation customers within the Municipality excluding customers served by other
alternative retail electric suppliers (ARES) including pending "with RES" status, and
customers served under ComEd's Hourly Tariffed supply service (Rate RRTP); and
participants enrolled in a net metering program through ComEd or an ARES other than the
Supplier.
Eligible Customers in the initial and subsequent opt -out cycles will be placed on Supplier
service or Tariffed Service as defined in Section 2.35 of the Agreement (i.e. ComEd default
tariff supply service) based on Supplier's criteria including the customer's usage patterns
and wholesale market conditions. Eligible Customers will be assessed the same Customer
Class Price and will continue to receive monthly invoice statements from ComEd without
regard to whether they are served by Supplier or on Tariffed Service.
Eligible Customer Class Price: Variable rate equal to the ComEd published tariff supply
service costs including the Purchased Electricity Charges (PEC), Transmission Service
Charges (TSC) and the Purchased Electricity Adjustment (PEA) for each applicable month
for the Term of the Agreement.
Termination Fee for Withdrawing Customers:
No Early Termination Fee - $0 per utility account.
Delivery Term:
March 2020 —
March 2021
Percent of RECs:
50%
Civic Contribution:
$40,000/annual
Supplier will provide a $40,000 Annual ($3,334 monthly) civic contribution to the Village per
the term. The civic contribution will be payable in equal monthly installment payments to the
Village within 30 days after the last meter read cycle of each delivery month (i.e. February 2020
payment will be paid in April 2020).
Special Services:
Supplier will acquire and retire on behalf of the Village of Buffalo Grove, 50% Wind generated
Renewable Energy Certificates (RECs) from a location to be determined by Supplier within the
Midwest Renewable Energy Tracking System (MRETS) or the PJM Generation Attribute
Tracking System (GATS). The RECs to be retired will be equal to an amount based on the
historical twelve months of electricity usage for the Eligible Customers excluding accounts on
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11.A.b
ComEd hourly tariff supply service and accounts with another alternative electric supplier,
represented on the provided ComEd "Usage Data" file. Supplier will assist the Village of Buffalo
Grove with all of the documentation required to become an EPA Green Power Partner
Community.
Earlv Termination
In the event Municipality terminates pursuant to Section 6.4 of the Agreement, Supplier's
obligations to provide civic contributions or RECs will be calculated by multiplying Supplier's
obligation for Term by the number of full billing cycles during Term (or, as appropriate,
Extended Term) before expiration of Advance Notice Period and divide that product by the
number of full billing cycles in Term (or, as appropriate, Extended Term). The Parties shall
subtract from such total the payments or REC retirements already undertaken by Supplier at the
expiration of Advance Notice Period.
Supplier: Municipality:
MC Squared Energy Services, LLC Village of Buffalo Grove
Signed: Signed:
Printed/Typed Name:
Charles C. Sutton
Title:
President
Date:
Attest:
Signed
Printed/Typed Name:
Title:
Printed/Typed Name:
Title:
Village President
Date:
Attest:
Signed
Printed/Typed Name:
Title:
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11.A.b
EXHIBIT D
INSURANCE COVERAGES
A. Worker's Compensation and Employer's Liability with limits not less than:
(1) Worker's Compensation: Statutory;
(2) Employer's Liability:
$500,000 injury -per occurrence
$500,000 disease -per employee
$500,000 disease -policy limit
Such insurance shall evidence that coverage applies in the State of Illinois.
B. Comprehensive General Liability
a. with coverage written on an "occurrence" basis with limits no less than:
$1,000,000 Bodily Injury and Property Damage Combined Single Limit Coverage
is to be written on an "occurrence" basis.
Coverage shall include:
- Broad Form Property Damage Endorsement
- Blanket Contractual Liability (must expressly cover the indemnity provisions
of the Agreement)
- $200,000 Deductible
b. coverage written on a "claims made" basis with limits no less than:
$1,000,000 Bodily Injury and Property Damage Combined Single Limit Coverage
is to be written on a "claims made" bases.
Coverage shall include:
- Broad Form Property Damage Endorsement
- Blanket Contractual Liability (must expressly cover the indemnity provisions
of the Agreement)
- $200,000 Deductible
c. with coverage for motor vehicle liability with a combined single limit of liability for
bodily injury and property damage of not less than $1,000,000 for vehicles owned,
non -owned, or rented.
C. Umbrella Policy. The required coverage may be in any combination of primary, excess, and
umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying
insurance on a following -form basis such that when any loss covered by the primary policy
exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to
cover such loss.
ID Owner as Additional Insured. Municipality shall be named as an Additional Insured the
Comprehensive General Liability policy identified in Section B of this Exhibit D.
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