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Record #: SO2019-9400   
Type: Ordinance Status: Passed
Intro date: 12/18/2019 Current Controlling Legislative Body: Committee on Zoning, Landmarks and Building Standards
Final action: 1/15/2020
Title: Amendment of Municipal Code Chapters 3-51, 17-3, 17-4, 17-14 and 17-17 by modifying cannabis-related zoning and tax provisions
Sponsors: Lightfoot, Lori E.
Topic: MUNICIPAL CODE AMENDMENTS - Title 3 - Revenue & Finance - Ch. 51 Cannabis Tax, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 3 Business & Commercial Districts, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 4 Downtown Districts, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 14 Administration, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 17 Terminology & Measurements, Land Use & Zoning-Tables & Index
Attachments: 1. SO2019-9400.pdf, 2. O2019-9400.pdf

SUBSTITUTE ORDINANCE

SECTION 1. Section 17-3-0200 of Title 17 of the Municipal Code of Chicago, the Chicago Zoning Ordinance, is hereby amended by deleting the struck through language and by inserting the underscored language, as follows:

 

(Omitted text is unaffected by this ordinance)

 

17-3-0207 Use Table and Standards.

 

USE GROUP

Zoning Districts

Use Standard

Parking Standard

Use Category

B1

B2

B3

C1

C2

C3

 

 

 

Specific Use Type

 

 

P = permitted by right S = special use approval required PD = planned developmentapprovalreqiired - =

notallowed

(Omitted part of this table is unaffected by this ordinance)

OTHER

(Omitted pari of this table is unaffected by this ordinance)

AAA. Cannabis Business Establishments

1.

Adult Use Cannabis Dispensary

-

-

-

-

S

s

17-9-0129

17-10-0207-M

2.

Medical Cannabis Dispensary

-

-

-

-

S

s

17-9-0129

17-10-0207-M

3-

On Sito Cannabic Concumption

_

_

_

 

s

s

17-9-0129

17-10-0207-M

43.

Can n abis Craft Grower

 

-

-

-

s

s

17-9-0129

17-10-0207-M

§4.

Cannabis Infuser

-

-

-

-

s

s

17-9-0129

17-10-0207-M

65.

Cannabis Processor

-

-

-

-

s

s

17-9-0129

17-10-0207-M

(Omittedpart of this table is unaffected by this ordinance)

 

SECTION 2. Section 17-4-0200 of Title 17 of the Municipal Code of Chicago, the Chicago Zoning Ordinance, is hereby amended by deleting the struck through language and by inserting the underscored language, as follows:

 

(Omitted text is unaffected by this ordinance)

 

17-4-0207 Use Table and Standards.

 

USEGROUP

Zoning Districts

Use Standard

Parking Standard

Use Category

DC

DX

DR

DS

 

 

 

Specific Use Type

 

 

P = permitted by right S= special use approval required PD = planneddevelopmentapprovalreqiired - =

notallowed

(Omitted part of this table is unaffected by this ordinance)

OTHER

(Omittedpart of this table is unaffected by this ordinance)

AAA. Cannabis Business Establishments

1.

Adult Use Cannabis Dispensary

S

s

-

-

17-9-0129

17-10-0208

2.

Medical Cannabis Dispensary

S

s

-

-

17-9-0129

17-10-0208

 

On SitoCannabiGConcumption

s

s

_

 

17 0 0120

17 10 0208

4 3.

Can n abis Craft Grower

s

s

-

-

17-9-0129

17-10-0208

Page 1 of 3

 

 

54

Cannabislnfuser

S

S

-

-

17-9-0129

17-10-0208

6 5.

Can n abi s Processor

S

S

-

-

17-9-0129

17-10-0208

(Omitted part of this table is unaffected by this ordinance)

 

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Chicago Zoning Ordinance, is hereby amended by deleting the struck through language and by inserting the underscored language, as follows:

 

(Omitted text is unaffected by this ordinance)

17-14-0303-H Subject to applicable law, cannabis business establishments shall include, as a part of any special use application to the Zoning Board of Appeals, copies of all information submitted to the State of Illinois in application for a license to operate under the State of Illinois' Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) or the State of Illinois' Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.).

 

17-14-0303-1 Upon tho Office ofthe City Clerk receiving a legally sufficient petition that complies with Section 55 28 of tho Stato of Illinois' Cannabis Rogulatiori'and Tax Act (410 ILCS 705/55 28) roquosting tho creation of a Rostrictod Cannabis Zone, as dofinod in said Soction, for tho prohibition of ono or more typos of cannabis business establishments, thoro shall bo a 90 day stay of applicable prospootivo and ponding special use applications, and all othor associated procoodings, bofore the Zoning Board df Appeals In, addition to all other applicable legal requirements, any special use application for a cannabis business establishment shall be processed in" cornpliance--wiih--Section-55?28^ Tax Act (410 ILCS 705/55-28). '

 

(Omitted text is unaffected by this ordinance)

SECTION 4. Section 17-17-0100 of Title 17 of the Municipal Code of Chicago, the Chicago Zoning Ordinance, is hereby amended by deleting the struck through language and by inserting the underscored language, as follows:

 

(Omitted text is unaffected by this ordinance)

 

17-17-0106-E Cannabis Business Establishments

1. Cannabis Business Establishments. A cannabis craft grower, cannabis cultivation center, adult use cannabis dispensary, medical cannabis dispensary, cannabis infuser or cannabis processor licensed by the State of Illinois' Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) or the State of Illinois' Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.) and administrative rules promulgated thereunder.

 

(Omitted text is unaffected by this ordinance)

5. On-site Consumption. Consumption of adult use or modical cannabis in or at a business establishment liconsod by tho City to allow on-sito consumption of such cannabis [Reserved].

 

(Omitted text is unaffected by this ordinance)

 

Page 2 of3

 

 

SECTION 5. On November 26, 2019, the City Council of the City of Chicago passed an ordinance, referenced as S02019-8527, published at pages 11514 through 11546 of the Journal of the Proceedings of the City Council of the City of Chicago of that date, amending titles 2, 3, 7, 9, 10, 11 and 17 of the Municipal Code concerning various taxes, charges and fees ("Year 2020 Revenue Ordinance"). Sections 3-51-030, 3-51-040, and 3-51-050 of Article XI of the Year 2020 Revenue Ordinance, which appear on page 11544 of that Journal, are hereby amended by deleting the struck through language and by inserting the underscored language, as follows:

 

3-51-030 Tax imposed.

A tax is imposed on all persons engaged in the business of selling cannabis at retail in the City, pursuant to the Municipal Cannabis Retailers' Occupation Tax Law, 65 ILCS 5/8-11-22 65 ILCS 5/8-11-23. The rate of the tax shall be three percent on the gross receipts from sales of cannabis made in the course of such business.

 

3-51-040 Rules, regulations and collection - Enforcement by state.

 

Pursuant to the Municipal Cannabis Retailers' Occupation Tax Law, 65 ILCS 5/8 11 22 65 ILCS 5/8-11-23, the Illinois Department of Revenue shall have full power to collect, administer and enforce the tax imposed by Section 3-51-030 of this chapter and all civil penalties that may be assessed as an incident thereof for and on behalf of the City.

 

3-51-050 Sales not subject to tax.

 

Cannabis purchased under the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq., is not subject to the Cannabis Tax Ordinance pursuant to the Municipal Cannabis Retailers' Occupation Tax Law, 65 ILCS 5/8 11 22 65 ILCS 5/8-11-23.

 

SECTION 6. This ordinance shall take effect upon its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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