Kane Committee of Whole Will Discuss Proposal to Allow Cannabis Businesses in Unincorporated Areas

Kane Committee of Whole Will Discuss Proposal to Allow Cannabis Businesses in Unincorporated Areas

The Kane County Board Committee of the Whole will meet at 4 p.m. Tuesday, Feb. 23, to discuss several important topics, including a proposal to rescind Ordinance No. 19-415 and permit the establishment of cannabis businesses within unincorporated areas.

Residents can view Kane County meetings by visiting the Kane County government homepage and clicking on the Kane County Government Meeting Livestream link.

A proposal to rescind the ordinance was discussed Tuesday, Feb. 16, at the Kane County Development Committee meeting. A link to the YouTube video of that meeting is embedded above and can be viewed by clicking this link.

Tuesday’s presentation to the Committee of the Whole is informational, and no vote is expected. The ordinance would move to the Executive Committee meeting on March 3, then to the full County Board, whose next meeting is scheduled for March 9.

Back in November 2019, the Kane County Board voted 14-9 to prohibit recreational marijuana sales in unincorporated areas.

The ordinance under consideration would rescind the 2019 ordinance. If rescinded, text amendments to the Zoning Ordinance would be needed, according to the agenda packet report of the Feb. 16 Development Committee meeting.

The state of Illinois allows local governments to enact reasonable zoning restrictions pertaining to licensed cultivation centers, craft growers, processing organizations, and dispensaries.

According to a memo by Development And Community Services Department Director Mark VanKerkhoff, even though the County Board decided to “opt out” of allowing marijuana sales in unincorporated areas back in 2019, the board at that time also adopted an ordinance establishing a County Cannabis Retailers’ Occupation Tax for sales of cannabis within the unincorporated areas of Kane County.

That retailers tax rate was established at 3.25%. That said, county officials have the authority to increase the tax rate by 0.25% increments up to 3.75% of the gross receipts of sales made in unincorporated areas of the county by further ordinance.

Scroll down for more information, including the language of the ordinance proposal.

Types of Adult-Use Cannabis Businesses

ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization.

ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments.

ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation
to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers.

ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product.

ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a
product formulation to produce a cannabis product.

ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis
on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program.

 

ORDINANCE NO.

RESCINDING ORDINANCE NO. 19-415 AND PERMITTING CANNABIS BUSINESS ESTABLISHMENTS WITHIN THE UNINCORPORATED AREAS OF THE COUNTY OF KANE

WHEREAS, the County of Kane, a body politic and corporate of the State of Illinois (“Kane County”) is a non-home rule unit of local government pursuant to Article VII, Paragraph 8 of the 1970 Illinois Constitution; and

WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Cannabis Regulation and Tax Act, 410 ILCS 705/1-1, et seq. (“the Act”), which provides that the County has the authority to enact ordinances to prohibit or significantly limit a cannabis business establishment’s location; and

WHEREAS, on November 12, 2019, and pursuant to the Act, the Kane County Board passed Ordinance No. 19-415 prohibiting operation of cannabis business establishments within the unincorporated territory of the County; and

WHEREAS, also on November 12, 2019, the Kane County Board passed Ordinance No. 19- 414, establishing a County Cannabis Retailers’ Occupation Tax in the unincorporated areas of Kane County; and

WHEREAS, the County has since determined that the operation of cannabis business establishments within the unincorporated territory of the County would not impact upon law enforcement and regulatory operations of the County; and

WHEREAS, the County seeks to rescind Ordinance No. 19-415 in order to allow for and to regulate cannabis business establishments within the unincorporated territory of the County; and

WHEREAS, the County seeks to amend the Kane County Zoning Ordinance to reflect that determination and to enact reasonable regulations of their operation in accordance with the Act, and

WHEREAS, however, the County Cannabis Retailers’ Occupation Tax in the unincorporated areas of Kane County remains at the rate previously established by Ordinance No. 19-414, and such Ordinance is not amended, rescinded, or affected by this Ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Kane County Board that, in order to permit cannabis business establishments within the unincorporated areas of the County of Kane, and in
order to permit the County adequate time to amend its Zoning Ordinance to regulate the same, Ordinance No. 19-415, “Prohibiting Cannabis Business Establishments”, is hereby rescinded, effective 90 days from the passage of this Ordinance; and

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Kane County Zoning Board of Appeals is directed to recommend text amendments to the Kane County Zoning Ordinance to permit cannabis business establishments as special uses in certain districts.

 

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