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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: ((. B.
Ordinance No. 19-O-0036 — Prohibiting Adult Use
Cannabis Business Establishments FILE NUMBER:
COMMITTEE AGENDA DATE: N/A
COUNCIL AGENDA DATE: 11/4/19
STAFF REVIEW: SIGNATURE
APPROVED BY CITY ADMINISTRATOR: SIGNATURE
ITEM SUMMARY:
The majority of the Aldermen present at the last City Council meeting directed staff and the City Attorney
to prepare an Ordinance prohibiting adult use cannabis business establishments, which is attached.
STAFF RECOMMENDATION:
Consideration of Ordinance No. 19-O-0036.
COMMITTEE RECOMMENDATION:
This Ordinance was not sent to Committee at the direction of the majority of Aldermen present at the last
City Council meeting.

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ORDINANCE NO. 19-0-0036
AN ORDINANCE OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY,
ILLINOIS, ADDING ARTICLE XXVIV PROHIBITING ADULT USE CANNABIS
BUSINESS ESTABLISHMENTS OTHER THAN MEDICAL CANNABIS CULTIVATION
CENTERS AND MEDICAL CANNABIS DISPENSING ORGANIZATIONS, TO
CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO
WHEREAS, the City of West Chicago (hereinafter referred to as the “City’”) is a body
politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-
1-1 ef seq.; and
WHEREAS, Article VII, Section 6, of the Constitution of the State of Illinois of 1970,
provides that municipalities of more than twenty five thousand (25,000) in population are home
rule units and, subject to the specific limitations of Illinois law, may exercise any power and
perform any function pertaining to its government and affairs; and
WHEREAS, the City is an existing Illinois home rule municipality pursuant to the Illinois
Municipal Code, 65 ILCS 5/1-1-1 ef seq.; and
WHEREAS, the City possesses the authority, pursuant to the Illinois Municipal
Code, to adopt ordinances and to promulgate rules and regulations that pertain to its
government and affairs and that protectthe public health, safety and welfare of its citizens; and
WHEREAS, the City Council of the City (hereinafter referred to as the “City Council”)
is the corporate authority for the City and is authorized by law to exercise all powers and to control
the affairs of the City; and
WHEREAS, the City Council possesses full power and authority to approve and pass all
necessary ordinances, resolutions, rules and regulations necessary for carrying into effect the
objects for which the City was formed, in accordance with the Illinois Municipal Code; and
WHEREAS, as an Illinois home rule municipality, the City has the authority, among
other things, to regulate, limit and prohibit businesses and uses which the City deems contrary to
the public health, safety, comfort and welfare of its citizens and
WHEREAS, the City Council has determined that recreational cannabis business
establishments are unique and dissimilar to medical cannabis cultivation centers and medical
cannabis dispensing business establishments in that the number of consumers for the
recreational cannabis business can be significantly greater than those of medical cannabis
businesses in that no medical prescription or authorization is required for recreational
cannabis; and
WHEREAS, the City Council has legislatively determined that Appendix A to the West
Chicago Zoning Ordinance, Section 6.7 does not apply to the prohibition against adult use
cannabis businesses; and

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WHEREAS, the number of customers of recreational cannabis business
establishments can result in an increase in traffic volume, and congestion; impact nearby
properties; alter the character of the neighborhoods in which said establishments are located;
impacting the property values of nearby property, without any measurable gain to the public;
and
WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois
Cannabis Regulation and Tax Act, Public Act 101-0027, by which the City is authorized to
prohibit the location of adult use cannabis business establishments within the City; and
WHEREAS, the City has determined that the operation of adult use cannabis
business establishments would present adverse impacts upon the health, safety and welfare
of the citizens, and additional costs, burdens and impacts upon law enforcement and
regulatory operations of the City of West Chicago; and
WHEREAS, the City Council has determined that passage of this ordinance prohibiting
the location of adult use cannabis business establishments within the City is in the best
interests of the City and the public; and
WHEREAS, nothing herein shall be deemed to conflict with or inany way impede or
impact the provisions set forth in the West Chicago Municipal Code pertaining to Medical
Cannabis, including but not limited to Medical Cannabis Cultivation Centers and Medical
Cannabis Dispensing Organizations; and
WHEREAS, the City Council has considered this matter and determined that the
proposed amendment to the Code of Ordinances of the City of West Chicago prohibiting adult
use cannabis business establishments, as set forth herein, is a proper exercise of its home rule
legislative authority; is in accordance with the Cannabis Regulation and Tax Act authorizing
Illinois Municipalities to prohibit such cannabis businesses by ordinance and is in the best interest
in the public health, safety and welfare of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS, in exercise of is legislative
home rule authority and in regular session assembled, as follows:
SECTION 1: That the Code of Ordinances of the City of West Chicago be amended by adding a
new Article XIX titled “Prohibiting Adult Use Cannabis Business Establishments Other Than
Medical Cannabis Cultivation Centers and Medical Cannabis Dispensing Organizations” as
follows:

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“ARTICLE XIX - CANNABIS BUSINESS ESTABLISHMENTS PROHIBITED
Sec. 9-744. Definitions.
The following words and phrases shall, for the purposes of this Article, have the meanings
respectively ascribed to them by this section, as follows:
Adult Use Cannabis Business Establishments: Cannabis Business Establishments include: Adult
Use Cannabis Cultivation Centers (not including Medical Cannabis Cultivation Centers as set
forth in the West Chicago Zoning Code), Adult Use Cannabis Craft Growers, Adult Use Cannabis
Processing Organizations, Adult Use Cannabis Dispensing Organizations (not including Medical
Cannabis Dispensing Organizations as set forth in the West Chicago Zoning Code), and Adult
Use Cannabis Transporting Organizations.
Adult Use Cannabis Craft Grower: An Adult Use Cannabis Craft Grower is 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, per the definition of
Craft Grower as set forth inthe Cannabis Regulation and Tax Act, (P.A.101-0027), as may be
amended from time-to-time, and regulations promulgated thereunder.
Adult Use Cannabis Cultivation Center: An Adult Use Cannabis Cultivation Center is 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, per the definition of Cultivation
Center as set forth in the Cannabis Regulation and Tax Act, (P.A.101-0027), as may be amended
from time-to-time, and regulations promulgated thereunder. Adult Use Cannabis Cultivation
Center does not include Medical Cannabis Cultivation Centers as set forth in the West Chicago
Zoning Code.
Adult Use Cannabis Dispensing Organization: An Adult Use Cannabis Dispensing Organization
is 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, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as
may be amended from time-to-time, and regulations promulgated thereunder. Adult Use
Cannabis Dispensing Organization does not include Medical Cannabis Dispensing Organizations
as set forth inthe West Chicago Zoning Code.
Adult Use Cannabis Processing Organization or Processor: An Adult Use Cannabis Processing
Organization, or Processor, is 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, per the Cannabis Regulation and Tax Act, (P.A.101-
0027), as may be amended from time-to-time, and regulations promulgated thereunder.

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Adult Use Cannabis Transporting Organization or Transporter: An Adult Use Cannabis
Transporting Organization, or Transporter, is 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, per the Cannabis Regulation and Tax Act, (P.A.101-0027),
as it may be amended from time-to-time, and regulations promulgated thereunder.
Person: A natural individual, firm, partnership, association, joint stock company, joint venture,
public or private corporation, limited liability company, or a receiver, executor, trustee, guardian,
or other representative appointed by order of any court.
Sec. 9-745. Cannabis Business Establishments Prohibited.
The following Adult Use Cannabis Business Establishments are prohibited from being located
within the City of West Chicago. No person shall locate, operate, own, suffer, allow to be operated
or aid, abet or assist inthe operation within the City of West Chicago of any of the following:
Adult Use Cannabis Craft Grower
Adult Use Cannabis Cultivation Center
Adult Use Cannabis Dispensing Organization
Adult Use Cannabis Processing Organization or Processor
Adult Use Cannabis Transporting Organization or Transporter
Cannabis Business Establishments do not include Medical Cannabis Cultivation Centers or
Medical Cannabis Dispensing Organizations as set forth in the West Chicago Zoning Code.
Sec. 9-746. Public Nuisance Declared.
Operation of any prohibited Adult Use Cannabis Business Establishment within the City of
West Chicago in violation of the provisions of this Article is hereby declared a public
nuisance and shall be abated pursuant to all available remedies.
Sec. 9-747. Violations.
Violations of this Article may be enforced in accordance with the provisions of Section 1-8 of
the City Code.”
SECTION 2: Conflicts. Any ordinances, or parts of ordinances, in conflict with this Ordinance,
are hereby expressly repealed.
SECTION 3: Severability. If any section, paragraph, or provision of this Ordinance, or the
application hereof, is held unconstitutional or otherwise invalid or unenforceable for any reason,
the invalidity or unenforceability of such section, paragraph, or provision shall not affect other
provisions of this Ordinance or any other City ordinance, resolution, or provision of the West
Chicago Municipal Code that can be given effect without the unconstitutional or invalid
section, paragraph, or provision. Any unconstitutional or invalid section, paragraph, or
provision, or application hereof, is severable.
SECTION 4: Effective Date. That this Ordinance shall be in full force and effect from and
after its passage and approval and publication as required by law.

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Alderman J. Beifuss
Alderman J. Sheahan
Alderman A. Hallett
Alderman Birch Ferguson
Alderman C. Swiatek
Alderman R. Stout
Alderman N. Ligino-Kubinski
PASSED this 4" day of November, 2019.
APPROVED as to form:
Alderman L. Chassee
Alderman H. Brown
Alderman M. Ferguson
Alderman S. Dimas
Alderman M. Garling
Alderman J. Short
Vacant — 7"" Ward
ADOPTED this 4" day of November, 2019.
Patrick K. Bond, City Attorney
Mayor Ruben Pineda
ATTEST:
City Clerk Nancy M. Smith
PUBLISHED: