Northbrook cites Wake-n-Bakery owners for license violations

Owners of the new Wake-N-Bakery in Northbrook have been cited by the village for license violations and will have a hearing on the matter later this month.

The village served Wake-N-Bakery and its president, Eric Harper, with notice on Feb. 21 that the business license for the shop violated several village code provisions.

The notice said the shop may be subject to fines and penalties - including suspension and revocation of its license - after the hearing scheduled for March 25.

Wake-N-Bakery, which opened Feb. 7 at 2776 Dundee Road, sells baked goods infused with Delta-8 THC and infused drinks that may be purchased with or without Delta-8 THC, to people 21 and older.

Made federally legal under the 2018 Farm Bill and legal in most states including Illinois, Delta-8 is a compound derived from hemp that contains less than 0.3% THC content by dry weight. The original Wake-N-Bakery has been operating in Chicago's Lakeview neighborhood since December 2019.

The license violation notice provided to the Herald listed five violations of Section 15-41 of Village Code: misrepresentation of any facts on a business license application; failure to comply with conditions prior to the approval of the license; and refusal to admit or allow regulatory inspectors to take adequate samples. Also: conducting a licensed business that constitutes a menace to the public's health, safety and welfare; and conducting a licensed business in violation of applicable state statute or administrative regulation.

Harper has a license granted by the State of Illinois' Department of Agriculture, Bureau of Medicinal Plants recognizing his corporation as a registered industrial hemp producer, and he said his business is in compliance.

"We've told the village everything; we've been upfront," Harper said. "We're working with the village right now to possibly have a resolution before our meeting. We thank the village for meeting with us, they plan to meet with us shortly. We are working through, hopefully, a resolution."

The village confirmed its attorney is communicating with the bakery's legal counsel.

The notice the village sent on Feb. 21 said Waylet Harper, Eric's wife and business partner, applied for a business license on Nov. 8, 2021. In reviewing the application, Northbrook Director of Development and Planning Michaela Kohlstedt contacted the company to confirm it would not be infusing any products with Delta-8 or CBD, another ingredient in cannabis Wake-N-Bakery also uses.

This request came in response to village communication with the Cook County Department of Public Health, the Illinois Department of Health and the Harpers' attorney regarding the legality of Delta-8 and CBD.

According to the notice, the business was informed of communication between those agencies confirming that neither authorized inclusion of those compounds in edible goods and, in fact, their inclusion is prohibited under state and county health regulations.

In response to Kohlstedt's inquiry, on Feb. 15 the business said: "At this time we are just going to be a hemp bakery and will not infuse Delta-8 and CBD at this time. All products will comply with state and federal laws. We also will have proper packaging and labeling," according to the village, which issued Wake-N-Bakery a business license on Jan. 17.

Eric Harper said the company did notify the village of its intent to sell infused products. He did not comment on the disparity of his claim with the village's.

"Our attorney advised us not to say anything right now," Waylet Harper said.

The village notice added that, during a Feb. 18 health inspection by Kohlstedt and Northbrook Health Inspector Lynne Hoette, they observed Wake-N-Bakery selling hemp-infused products, with the "ability" to also infuse beverages. They observed recipes that included hemp products without identifying the product or source.

The complaint said Waylet Harper refused to show Kohlstedt and Hoette the documentation from the distributor or manufacturer of the hemp products used for infusion, and that Waylet Harper also refused to sign the inspection report.

Eric Harper on Monday confirmed that their business model remains intact.

"We're still open, we're still selling," he said.