HomeMy WebLinkAbout088-R-19 Regarding the Zoning, Regulation, and Licensing of Cannabis Businesses for Adult Use9/12/2019
88-R-19
A RESOLUTION
Regarding the Zoning, Regulation, and Licensing of Cannabis Businesses for Adult
Use
WHEREAS, on June 25, 2019, Governor J.B. Pritzker signed into law the
"Cannabis Regulation and Tax Act' (the "Act"), which legalizes the sale, possession,
and use of cannabis sativa and its derivatives and subspecies ("Cannabis") for
recreational purposes by adults over age 21 starting January 1, 2020; and
WHEREAS, the Act establishes five different types of businesses
associated with the sale of Cannabis, cultivation centers, craft growers, dispensaries,
processors, and infusers ("Cannabis Businesses"); and
WHEREAS, the Act authorizes municipalities to completely prohibit the
location and operation of Cannabis Businesses, restrict the Cannabis businesses to
specific zoning districts, require Cannabis Businesses to obtain special use permits to
operate, and condition the grant of a special use permit on compliance with certain
regulatory restrictions; and
WHEREAS, the Act also allows municipalities to impose: (i) a local retailer
occupation tax of up to 3.0% of the retail purchase price of Cannabis; and (ii) determine
whether and under what conditions Cannabis Businesses may allow for on. premises
consumption of Cannabis; and
WHEREAS, the City of Evanston ("City") has a long tradition of utilizing
its zoning and planning authority to ensure that compatible uses are maintained in its
various neighborhoods; and
•
WHEREAS, the "City of Evanston Zoning Ordinance" as amended
("Zoning Code"), does not plainly address uses that would encompass Cannabis
Businesses; and
WHEREAS, the City Council has determined that it is in the best interest
of the City and its residents to direct the City's Plan Commission to evaluate the
classification of Cannabis Businesses and recommend to the City Council whether any,
some, or all types of Cannabis Businesses should be allowed by permitted use or
special use permit under the Zoning Code, as well as such other regulations as may be
necessary, important, or beneficial to the City and its residents, including, without
limitation, whether and under what conditions should on -premises consumption of
Cannabis for adult use be allowed,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Recitals. The foregoing recitals are incorporated into,
and made a part of, this Resolution as findings of the City Council.
SECTION 2: Direction to Plan Commission and Public Hearing. The
Plan Commission is hereby directed to hold a public hearing on the following
questions:
City; and
A. Whether all or some Cannabis Businesses should be prohibited in the
B. If allowed in the City, what zoning districts should Cannabis
Businesses be allowed to operate in and add zoning definitions for the different
cannabis businesses and uses; and
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C. If allowed in a particular zoning district, should Cannabis
Businesses be classified as a permitted or special use; and
D. What specific operating conditions should be applied to Cannabis
Businesses as a condition of receiving a special use; and
E. Whether, and under what conditions, should on -premises consumption
or social use space businesses be allowed in the City for consumption of adult use
cannabis.
SECTION 3: The City Council provides this Resolution as Notice that
future City legislation and regulations will be considered and put in place for Cannabis
businesses.
SECTION 4: Effective Date. This Resolution will be in full force and
effect upon its passage and approval by a majority of the members of the City Council.
Attest:
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Adopted: 5epAembf 2019
Approved as to form:
Michelle L. Masoncup, Cor6oration Counsel
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