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Lake Co. won't license head shop near church, school
By Lee Filas | Daily Herald Staff
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Published: 7/21/2009 12:10 AM

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A business license has been denied for a "head shop" proposed for an Ingleside intersection that is near a church and a middle school.

The Lake County Planning, Building and Development Department has denied a license to David Kelly of Fox Lake, who applied to open the as-yet-unnamed business at the corner of Lake Street and Decorah Avenue. The application was denied because the business would sell items considered to be "drug paraphernalia." Head shops often sell a variety of pipes used for smoking tobacco and marijuana.

Lake County Board Member Bonnie Thompson Carter, who lives less than a mile from the site, said the business would have violated the state Drug Paraphernalia Control Act, which prohibits the sale of "bowls, water pipes and bongs."

"I have a commitment to protecting Lake County residents, businesses and institutions from the negative effects of 'problem' development," Carter said in an e-mail. "Please know I am taking this matter very seriously as drug paraphernalia sales activity easily promotes serious social, criminal and other problems associated with illegal drug use."

Attempts to reach Carter by phone Monday were unsuccessful.

Along with the e-mail she sent out to constituents, she attached the denial letter to Kelly from Lake County Zoning Administrator Eric Waggoner.

Waggoner states in that letter that Kelly could reapply for a business license should he like to clarify the type of business that is intended.

Phone calls to Kelly at his Fox Lake residence were not returned Monday.

Carter added the Lake County state's attorney's office has also been contacted about the proposed business.

Carter also said in the memo that she was tipped off about the business by members of Trinity Lutheran Church, located across Route 134 from the site.

She also contacted Gavin School District 37 officials. Had the business opened, it would have been about one mile from Gavin South Junior High School, also on Route 134.

She added that while the business license has been turned down, Kelly could appeal the decision in court.

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