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Home My WebLink About#4171 Zoning Provisions for Cannabis ORDINANCE NO. 4171 AN ORDINANCE AMENDING ZONING PROVISIONS FOR THE DISTRIBUTION AND SALE OF MEDICAL.AND RECREATIONAL CANNABIS IN THE CITY OF CANTON, ILLINOIS ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON ILLINOIS: OCTOBER 15, 2019 PUBLISHED BY THE CITY CLERK PURSUANT TO THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON: OCTOBER 15, 2019 STATE OF ILLINOIS ) ) SS. COUNTY OF FULTON ) CERTIFICATE I, Diana Pavley-Rock, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. I further certify that on OCTOBER 15, 2019 , the City Council of such municipality passed and approved Ordinance No 4171 entitled: AN ORDINANCE AMENIDNG ZONING PROVISIONS FOR THE DISTRIBUTION AND SALE OF MEDICAL AND RECREATIONAL CANNABIS IN THE CITY OF CANTON, ILLINOIS which proved by its terms that it should be published in pamphlet form. The pamphlet for Ordinance No. 4171 including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted at City Hall, 2 North Main Street Canton IL, commencing on October 15, 2019, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of the City Clerk. DATED AT CANTON, ILLINOIS, THIS Y OF October , 2019 Diana avley-Rock, CMC, City Clerk Seal City of Canton, Illinois ORDINANCE NO. 4171 AN ORDINANCE AMENDING ZONING PROVISIONS FOR THE DISTRIBUTION AND SALE OF MEDICAL AND RECREATIONAL CANNABIS IN THE CITY OF CANTON,ILLINOIS WHEREAS, pursuant to the Municipal Code, the Compassionate Use of Medical Cannabis Program Act(410 ILCS 130/1, et. seq.), and the Cannabis Regulation and Tax Act(410 ILCS 705/1, et. seq.),the City of Canton has the authority to determine certain zoning regulations related to the sale and distribution of recreational cannabis and related items, in addition to sale and distribution of medical cannabis and related items; WHEREAS,the City of Canton has the authority to authorize or prohibit the sale and distribution within the City of medical and recreational cannabis and related items; WHEREAS,the City Council of the City of Canton determined that it was in the public interest to enact Ordinance No. 4153 to establish zoning rules and regulations relative to the sale and distribution of medical and recreational cannabis; WHEREAS, Section 55-25(1) of the Cannabis Regulation and Tax Act states, unless otherwise provided under the Cannabis Regulation and Tax Act or otherwise in accordance with state law: A unit of local government,including a home rule unit or any non-home rule county within the unincorporated territory of the county, may enact reasonable zoning ordinances or resolutions, not in conflict with this Act or rules adopted pursuant to this Act,regulating cannabis business establishments.No unit of local government, including a home rule unit or any non-home rule county within the unincorporated territory of the county,may prohibit home cultivation or unreasonably prohibit use of cannabis authorized by this Act; WHEREAS, Section 55-25(2) of the Cannabis Regulation and Tax Act states,unless otherwise provided under the Cannabis Regulation and Tax Act or otherwise in accordance with state law: A unit of local government,including a home rule unit or any non-home rule county within the unincorporated territory of the county,may enact ordinances or rules not in conflict with this Act or with rules adopted pursuant to this Act governing the time, place, manner, and number of cannabis business establishment operations, including minimum distance limitations between business establishment operations, including minimum distance limitations between cannabis business establishments and locations it deems sensitive,including colleges and universities, through the use of conditional use permits. A unit of local government, including a home rule unit, may establish civil penalties for violation of an ordinance or rules governing the time, place, and manner of operation of a cannabis business establishment or a conditional use permit in the jurisdiction of the unit of local government. No unit of local government, including a home rule unit or non-home rule county within an unincorporated territory of the county, may unreasonably restrict the time, place, manner, and number of cannabis business establishment operations authorized by this Act; and WHEREAS, The City Council of the City of Canton has determined that it is in the public interest to amend certain provisions created by Ordinance No. 4153 to provide for the granting of conditional use permits rather than licenses, in accordance with the Cannabis Regulation and Tax Act. NOW, THEREFORE,BE IT ORDAINED, by the City Council for the City of Canton, Fulton County, Illinois, as follows: Section 10-9-11(A) of the City Code is hereby amended and replaced to read as follows: (A) Areas designated and established as B-2 for zoning purposes may have an additional permitted use,upon attaining a conditional use permit as set forth herein,involving the sale and distribution of medical cannabis pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et. seq.), and the sale and distribution of recreational cannabis pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1, et. seq.). The City authorizes three(3)recreational cannabis dispensary centers, as defined herein, to operate within the City and obtain conditional use permits to operate within the City. Said three(3)recreational cannabis dispensary conditional use permits shall include those also operating with a medical cannabis dispensing conditional use permit. The cost of a recreational cannabis dispensary conditional use permits shall total Ten Thousand Dollars and No Cents ($10,000.00) per year. The conditional use permit fee herein shall be initially be due on January 1,.2020, or whenever the conditional use permit is issued initially to anyone granted and issued a conditional use permit, but shall then be due January 1 of each subsequent year, regardless of the month and specific date an initial conditional use permit is issued to anyone granted and issued a conditional use permit. Conditional use permits shall be issued at the sole discretion of the City Council of the City of Canton and said conditional use permits may be terminated and revoked at the sole discretion of the City Council of the City of Canton for reasons deemed appropriate in the sole discretion of the City Council of the City of Canton. Section 10-9-11(C)(2)of the City Code is hereby amended and replaced to read as follows: (2) The organization has a conditional use permit, as set forth in this Section, issued by the City of Canton; The opening paragraph of Section 10-9-11(D) of the City Code is hereby amended and replaced to read as follows: (D) Purchase And Possession; Restrictions: It shall be lawful for a person twenty one (2 1) years of age or older to purchase and possess from a licensed (or otherwise permitted under this Section) organization or center cannabis, cannabis infused products, and cannabis concentrate based upon the following restrictions: Section 10-9-11(D)(5)of the City Code is hereby amended and replaced to read as follows: (5) A person who violates any of the provisions in this section shall be subject to a fine of not less than$250.00 but no more than$750.00. An organization or center granted and issued a conditional use permit under these provisions shall be subject to a fine of not less than$500.00 for a violation of any provision herein,in addition to being subject to having their conditional use permit terminated and revoked for a violation of any provision herein. This Ordinance shall be in full force and effect from and after its passage and adoption. Further,the City Clerk shall be instructed to provide to the codifiers of our municipal ordinance this ordinance amendment for insertion and its proper place and each copy of this code within thirty (30) days of its final passage. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 15th day of October, 2019 upon a roll call vote as follows: AYES: Aldermen Justin Nelson, Angela Hale, Craig West, John Lovell, Quin Mayhew, Ryan Mayhew NAYS: None ABSENT: Alderman Jeff Fritz, Angela Lingenfelter APPROVED: OF Gent McDowell, o AT ST: Diana P ave -Rock, i y Clerk