R-19-15VILLAGE OF DEERFIELD
RESOLUTION NO. 2019- R-19-15
A RESOLUTION REGARDING THE ZONING, REGULATION,
AND LICENSING OF RECREATIONAL CANNABIS BUSINESSES
WHEREAS, on June 6, 2019, Illinois General Assembly passed House Bill 1438, titled
the "Cannabis Regulation and Tax Act" (the "Act"), which Act 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 grants limited authority to municipalities to regulate commercial
cannabis facilities, including cultivation centers, dispensaries, infusers, processors, and craft
growers intending to serve recreational customers (collectively, "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 ("Local Sales Tam''); and (ii)
determine whether and under what conditions Cannabis Businesses may allow for on -
premises consumption of Cannabis; and
WHEREAS, the Village 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 Deerfield Zoning Ordinance 1978 ("Zoning Ordinance"), does not
plainly address uses that would encompass Cannabis Businesses; and
WHEREAS, the Zoning Ordinance classifies "Medical Cannabis Dispensaries" as an
allowable use pursuant to a special use permit in certain districts, and this use does not
permit the service recreational customers; and
WHEREAS, "Cultivation Centers" are not allowable uses in any zoning district in the
Village; and
WHEREAS, in the absence of explicit provisions in the Zoning Ordinance that
authorize the use of property for recreational Cannabis Businesses, recreational Cannabis
Businesses are currently prohibited in the Village in all zoning districts; and
WHEREAS, the Village's Board of Trustees has determined that it is in the best
interest of the Village and its residents to direct the Village's Plan Commission to evaluate
the classification of Cannabis Businesses and recommend to the Board of Trustees whether
any, some, or all types of Cannabis Businesses should be allowed by special use permit under
the Zoning Ordinance, as well as such other regulations as may be necessary, important, or
beneficial to the Village and its residents, including, without limitation, whether and under
what conditions should on -premises consumption of recreational Cannabis be allowed;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION l: RECITALS. The facts and statements contained in the preamble to this
Resolution are found to be true and correct and are hereby adopted as part of this Resolution.
SECTION 2: DIRECTION TO PLAN COMMISSION; NOTICE TO PUBLIC. The
Plan Commission is hereby directed to hold a public hearing on the following questions:
A. Whether all or some Cannabis Business should be prohibited in the
Village;
B. If allowed in the Village, what zoning districts should Cannabis
Businesses be allowed to operate in;
C. If allowed in a particular zoning district, should Cannabis Businesses
be classified as a permitted or special use;
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
of recreational Cannabis be allowed.
The notice of such hearing shall be given as required by law within 90 days after the effective
date of this Resolution. The public shall be deemed to have notice that the Village is
considering Zoning Ordinance amendments regarding Cannabis Businesses as of the
effective date of this Resolution.
SECTION 3: EFFECTIVE DATE, This Resolution shall be in full force and effect
upon the passage and approval.
[SIGNATURE PAGE FOLLOWS]
OA
AYES: Benton, Jester, Oppenheim, Struthers
NAYS Seiden
ABSTAIN: None
ABSENT: Shapiro
PASSED: July 1, 2019
APPROVED: July 2, 2019
RESOLUTION NO: R-19-15
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Har iet Rosenthal, Mayor
ATTEST*
Kent S. Street, Village Clerk