Lake County, IL
File #: 19-1525    Version: 1 Name: Ordinance establishing a County Cannabis Retailers’ Occupation Tax in the County of Lake, Illinois.
Type: ordinance Status: Passed
File created: 9/16/2019 In control: Financial & Administrative Committee
On agenda: Final action: 10/8/2019
Title: Ordinance amending Chapter 34: Taxation of the Lake County Code of Ordinances to establish a County Cannabis Retailers' Occupation Tax.
Attachments: 1. Exhibit A - Lake County Cannabis Retailers' Occupation Tax Ordinance .pdf, 2. Certified Copy, 3. Certified Copy

Title

Ordinance amending Chapter 34: Taxation of the Lake County Code of Ordinances to establish a County Cannabis Retailers’ Occupation Tax.

 

Staff Summary

                     On June 25, 2019, the Illinois Cannabis Regulation and Tax Act was signed into law, which will allow for the production, sale, and adult use of recreational cannabis.

                     On August 9, 2019, a subsequent law was passed that effectuates Lake County’s ability to collect a cannabis retailer’s occupation tax.

                     This ordinance, effective upon adoption, will allow for collection of cannabis retailer’s occupation tax on recreational cannabis for incorporated and unincorporated areas on or after January 1, 2020.

                     Absent any statutory amendments, the current law will delay collection of the tax until September 1, 2020.

 

Body

ORDINANCE

 

WHEREAS, Lake County, a body politic and corporate of the state of Illinois, is a non-home rule unit of local government pursuant to Article VII, § 8 of the 1970 Illinois Constitution; and

 

WHEREAS, Public Act 101-0027, which is a comprehensive revision of State statutes regulating the adult use of cannabis in Illinois, was signed into law on June 25, 2019 with many of its provisions effective January 1, 2020; and

 

WHEREAS, Public Act 101-0363 was subsequently signed into law increasing the rate of tax that may be imposed by counties upon persons engaged in the business of selling cannabis in a municipality located in that county; and

 

WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois County Cannabis Retailers’ Occupation Tax Law (55 ILCS 5/5-1006.8) (the “Act”); and

 

WHEREAS, this Ordinance is intended to impose the tax authorized by the Act providing for a county cannabis retailers’ occupation tax which will be collected by the Illinois Department of Revenue;

 

NOW, THEREFORE, BE IT ORDAINED by this County Board of Lake County, Illinois, that this amendment to Chapter 34 of the Lake County, Illinois Code of Ordinances establishing a county cannabis retailers’ occupation tax as attached in Exhibit A be adopted; and

 

BE IT FURTHER ORDAINED that the Clerk of the County Board shall keep a record of this action.

 

DATED AT WAUKEGAN, LAKE COUNTY, ILLINOIS, this 8th day of October 2019.