Ordinance 2019-70 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2019-70
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
AMENDING THE YORKVILLE CITY CODE RELATING TO THE USE OF CANNABIS
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 26th day of November,2019
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on December 6,2019.
Ordinance No. 2019-70
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
AMENDING THE YORKVILLE CITY CODE RELATING TO THE USE OF CANNABIS
WHEREAS,the United City of Yorkville,Kendall County,Illinois(the"City")is a duly organized
and validly existing non-home rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, the Mayor and City Council of the City believe it is in the best interests of the City
and its residents to amend the Yorkville City Code restricting the use of cannabis.
NOW,THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of
Yorkville,Kendall County, Illinois,as follows:
Section 1. That the Yorkville City Code be amended by adding the following new Chapter 14 to
Title 3:
"CHAPTER 14. REGULATION OF USE OF CANNABIS
3-14-1: Definitions.
A. Whenever reference is made in this Chapter to the "Illinois Cannabis Act" or the
"Cannabis Act" it shall mean the Cannabis Regulations and Tax Act of Illinois
approved June 25, 2019, in force January 1, 2020. All other words and phrases used
herein shall have the same meaning as the same or similar words or phrases defined by
and used in said Cannabis Regulations and Tax Act, including the following:
B. "Act"shall mean the Cannabis Regulation and Tax Act of Illinois approved 6-25-19 as
Public Act 101-0027.
C. "Advertise" means to engage in promotional activities including, but not limited to:
newspaper, radio, Internet and electronic media, and television advertising; the
distribution of fliers and circulars; and the display of window and interior signs.
D. "Cannabis" means marijuana, hashish, and other substances that are identified as
including any parts of the plan Cannabis sativa and including derivatives or subspecies,
such as indica,of all strains of cannabis,whether growing or not;the seeds thereof,the
resin extracted from any part of the plant; and any compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin, including
tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives,
whether produced directly or indirectly by extraction; however, "cannabis" does not
include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant,any other compound,manufacture,salt,derivative,mixture,
or preparation of the mature stalks (except the resin extracted from it), fiber, oil or
cake,or the sterilized seed of the plant this incapable of germination. "Cannabis"does
not include industrial hemp as defined and authorized under the Industrial Hemp Act.
"Cannabis"also means concentrate and cannabis-infused products.
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E. "Cannabis Business Establishment" include the following:
1. 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,per the Cannabis Regulation and Tax Act,(P.A. 101-0027),as it may be amended
from time-to-time,and regulations promulgated thereunder.
2. 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, per the Cannabis
Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and
regulations promulgated thereunder.
3. Cannabis Dispensing Facility or Dispensary.
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 it may be amended from time-to-time,and regulations promulgated thereunder.
4. Cannabis Infuser Facility 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, per the Cannabis Regulation and Tax Act, (P.A. 101-
0027),as it may be amended from time-to-time,and regulations promulgated thereunder.
5. Cannabis Processing Facility 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, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it
may be amended from time-to-time,and regulations promulgated thereunder.
6. Cannabis Transporting Business 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, per the
Cannabis Regulation and Tax Act, (P.A. 101-0027),as it may be amended from time-to-time,
and regulations promulgated thereunder.
F. "Cannabis container" means a sealed, traceable container, or package used for the
purpose of containment of cannabis or cannabis-infused product during transportation.
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G. "Ownership and control"means ownership of at least 51%of the business, including
corporate stock if a corporation, and control over the management and day-to-day
operations of the business and an interest in the capital, assets, and profits and losses
of the business proportionate to percentage of ownership.
H. "Person" means 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.
3-14-2: Registration.
A. It shall be unlawful for any person to operate a Cannabis Business Establishment
within the boundaries of the City without having first registered with the City Clerk
and submitting the following information:
1. Name and address of all persons owning ten percent(10%)or more of the
dispensing organization; contact information for each person listed;
2. Location and description of operation;
3. Hours of operation; and,
4. A copy of the license issued by the Illinois Department of Financial and
Professional Regulation or the Illinois Department of Agriculture;
5. Name,address and contact information for each manager.
B. The term for cannabis business establishment registration shall commence on January
1st and shall expire on December 31st of each year.
C. Each applicant for a cannabis business establishment registration shall pay a twenty-
five dollar($25.00)application fee per application.
3-14-3: Regulations and Restrictions.
A. It shall be unlawful to locate a Cannabis Dispensary Facility or a Dispensary within
1,500 feet of another Dispensary.
B. It shall be unlawful for a Cannabis Business Establishment to operate between 8:00
p.m. and 10:00 a.m. Monday through Sunday and from 5:00 p.m. Saturday through
12:00 p.m.on Sunday.
C. It shall be unlawful to advertise cannabis or a cannabis infused product in any form or
through any medium:
1. Within 1,000 feet of the perimeter of school grounds, a playground, a recreation
center or facility, a child care center, a public park or public library, or a game
arcade where admission is not restricted to persons 21 years of age or older;
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2. In or on a public transit vehicle or public transit shelter; or,
3. On publicly owned or public operated property.
D. It shall be unlawful to possess or use cannabis on a school bus, grounds of a pre-
school primary or secondary school, unless used by a qualifying patient or caregiver
pursuant to the Compassionate Use or Medical Cannabis Pilot Program Act;
E. It shall be unlawful to possess or use cannabis in a private residence used at any time
to provide licensed childcare;
F. It shall be unlawful to use cannabis in any motor vehicle, in any public place or in any
place where smoking is prohibited under the Smoke Free Illinois Act;
G. It shall be unlawful to facilitate the use of cannabis by a person not allowed to use
cannabis under the Act;
H. It shall be unlawful to knowingly use cannabis in close proximity to anyone under the
age of 21 who is not a registered medical cannabis patient under the Compassionate
Use of Medical Cannabis Pilot Program Act;
I. It shall be unlawful to grow cannabis unless authorized by the Compassionate Use of
Medical Cannabis Pilot Program Act;
J. It shall be unlawful for a person who is 21 years or older and a resident of Illinois to
possess more than:
1. 30 grams of cannabis flower;
2. 500 milligrams of THC contained in a cannabis-infused product; or,
3. 5 grams of cannabis concentrate.
K. It shall be unlawful for a non-resident of Illinois to possess more than:
1. 15 grams of cannabis flower;
2. 250 grams of THC contained in a cannabis-infused product; or,
3. 2.5 grams of cannabis concentrate.
L. It shall be unlawful for a parent or guardian to knowingly permit his or her residence
or any other private property under his or her control, or any vehicle under his or her
control to permit the consumption of cannabis by a person under the age of 21.
M. It shall be unlawful to transfer, purchase, possess, use, transport, consume, or grow
cannabis by any person under 21 years of age(unless authorized by the Compassionate
Use of Medical Cannabis Pilot Program Act)."
Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
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Passed by the City Council of the United City of Yorkville,Kendall County, Illinois,this 26th day
of November,2019.
AedtCity Clerk
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON ABSENT
APPROVED:
/1/'N,Mayor
Attest:
CAeL. Ae/GA;446
City Clerk
Published in pamphlet form:
ECEM( iQ. (o ,2019
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