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HomeMy WebLinkAbout#4153 zoning dist and sale rec cannabis i 1 t CERTIFICATE THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY OF CANTON, ILLINOIS, AND THAT THE CITY COUNCIL AT A REGULARLY CONSTITUTED MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON THE 6TH DAY OF AUGUST, 2019 ADOPTED ORDINANCE NO. 4153 A TRUE AND CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET. GIVEN UNDER MY HAND AND SEAL THIS 6m DAY OF AUGUST, 2019. (SEAL) f DIANA P VLE - OCK CITY CLERK c , CITY OF CANTON ORDINANCE NO 4153 AN ORDINANCE CREATING ZONING PROVISIONS FOR THE DISTRIBUTION AND SALE OF MEDICAL AND RECREATIONAL CANNABIS IN THE CITY OF CANTON, ILLINOIS PASSED BY THE CITY COUNCIL OF THE CITY OF CANTON THE 6T" DAY OF AUGUST, 2019 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, THIS 6T" DAY OF AUGUST, 2019 EFFECTIVE: AUGUST 6, 2019 ORDINANCE NO. 4153 AN ORDINANCE CREATING 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: AUGUST 6, 2019 PUBLISHED BY THE CITY CLERIC PURSUANT TO THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON: AUGUST 6, 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 AUGUST 6, 2019 , the City Council of such municipality passed and approved Ordinance No 4153 entitled: AN ORDINANCE CREATING 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. 4153 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 AUGUST 6, 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 6th DAY OF AUGUST 2019 Diana Pavley-Rock, CMC, City Clerk Seal City of Canton, Illinois i ORDINANCE NO. 4153 AN ORDINANCE CREATING 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, eq. seq.), and the Cannabis Regulation and Tax Act,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; and WHEREAS,The City Council of the City of Canton has determined that it be in the public interest to enact this Ordinance to establish zoning rules and regulations relative to the sale and distribution of medical and recreational cannabis. NOW, THEREFORE, BE IT ORDAINED, by the City Council for the City of Canton, Fulton County, Illinois, as follows: A new ordinance shall be created and provide as follows: Section 1: "10-9-11: ZONING WITH RESPECT TO THE DISPENSING OF MEDICAL AND RECREATIONAL CANNABIS: (A)Areas designated and established as B-2 for zoning purposes may have an additional permitted use involving the sale and distribution of medical cannabis pursuant to the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, eq. seq.), and the sale and distribution of recreational cannabis pursuant to the Cannabis Regulation and Tax Act. The City authorizes three (3) recreational cannabis dispensary centers, as defined herein, to operate within the City and obtain licenses to operate within the City. Said three (3)recreational cannabis dispensary licenses shall include those also operating with a medical cannabis dispensing license. The cost of a recreational cannabis dispensary license shall total ten thousand dollars and no cents ($10,000.00) per year. The license fee shall be initially be due on January 1, 2019, or whenever the license is issued initially to anyone granted and issued a license, but shall then be due January 1 of each subsequent year, regardless of the month and specific date an initial license is issued to anyone granted and issued a license. Licenses shall be issued at the sole discretion of the City of Canton and said licenses may be terminated and revoked at the sole discretion of the City of Canton for reasons deemed appropriate in the sole discretion of the City of Canton. (B) "Medical cannabis dispensing organization", or "dispensing organization", or "dispensary organization" means a facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualifying patient cardholder status, or an Opioid Alternative Pilot Program participant. "Recreational Cannabis Dispensary Center" means a facility operated by an organization or business that is licensed by the Department of Financial and Professional Regulation to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies under the Cannabis Regulation and Tax Act to purchasers or to qualified registered medical cannabis patients and caregivers. As used in this Act, dispensary organization shall include a registered medical cannabis organization as defined in the Compassionate Use of Medical Cannabis Pilot Program Act or its successor Act that has obtained an Early Approval Adult Use Dispensing Organization License. (C) It shall be lawful to operate a medical cannabis dispensing organization or recreational cannabis dispensary center so long as the following applies and is adhered to: (1) The organization or center is licensed by the Department of Financial and Professional Regulation through the State of Illinois; (2) The organization has a local license issued by the City of Canton; (3) That the center or organization is not located within 1,000 feet of the property line of a pre-existing public or private preschool, or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility. A dispensing center or organization may not be located in a house, apartment or condominium; (4) No medical dispensing organization or recreational dispensary center may be located within 1,500 feet of another organization or center; (5) A center or organization may not be located in the offices of a physician; (6) A center or organization may be open from the hours of 7:00 a.m. and 10:00 p.m. on any day of the week, including holidays; (7) A center or organization may not utilize amplified music outdoors; (8) Cannabis, cannabis infused products and cannabis concentrate may not be displayed or stored in an area accessible to the public; (9) A center or organization shall have appropriate security employed and security measures implemented at all time, in accordance with State regulations, to deter and prevent theft of cannabis and unauthorized entrance into areas containing cannabis, cannabis infused products and cannabis concentrate; (10) Medical cannabis may not be consumed on the site of the medical organization, (11) No person, organization or center who is licensed to sell cannabis, at retail, shall sell, give or deliver cannabis to any person as to whom the prohibition thereof any applicable law of the state would apply; (12) Organizations and centers shall fully comply with all requirements of the Compassionate Use of Medical Cannabis Program Act(410 ILCS 130/1, eq. seq.), and the Cannabis Regulation and Tax Act; 2 i (D) It shall be lawful for a person twenty-one (21) years of age or older to purchase and possess from a licensed organization or center cannabis, cannabis infused products, and cannabis concentrate based upon the following restrictions: (1). For a resident of this State,the possession limit is as follows: (1) 30 grams of cannabis flower; (2) no more than 500 milligrams of THC contained in cannabis-infused product; (3) 5 grams of cannabis concentrate; and(4)for registered qualifying patients, any cannabis produced by cannabis plants grown under subsection(b) of Section 10-5, provided any amount of cannabis produced in excess of 30 grams of raw cannabis or its equivalent must remain secured within the residence or residential property in which it was grown. (2) For a person who is 21 years of age or older and who is not a resident of this State,the possession limit is: (1) 15 grams of cannabis flower; (2) 2.5 grams of cannabis concentrate; and (3) 250 milligrams of THC contained in a cannabis-infused product. (3) The possession limits found in subsections (1) and (2) of this Section are to be considered cumulative. (4) No person shall knowingly obtain, seek to obtain, or possess an amount of cannabis from a dispensing organization, center or craft grower that would cause him or her to exceed the possession limit under this Section, including cannabis that is cultivated by a person under the Cannabis Regulation and Tax Act or obtained under the Compassionate Use of Medical Cannabis Pilot Program Act. (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 license 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 license terminated and revoked for a violation of any provision herein. (E) Additional Limitations and penalties. (a) This Ordinance does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct: (1) undertaking any task under the influence of cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct; (2)possessing cannabis: (A) in a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act; 3 (B) on the grounds of any preschool or primary or secondary school, unless permitted for'a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act; (C) in any correctional facility; (D)in a vehicle not open to the public unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving; or (E) in a private residence that is used at any time to provide licensed child care or other similar social service care on the premises; (3)using cannabis: (A) in a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act; (B) on the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act; (C) in any correctional facility; (D) in any motor vehicle; (E) in a private residence that is used at any time to provide licensed child care or other similar social service care on the premises; (F) in any public place; or (G)knowingly in close physical proximity to anyone under 21 years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Pilot Program Act; (4) smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act; (5) operating,navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while using or under the influence of cannabis in violation of Section 11-501 or 11- 502.1 of the Illinois Vehicle Code; (6) facilitating the use of cannabis by any person who is not allowed to use cannabis under this Act or the Compassionate Use of Medical Cannabis Pilot Program Act; 4 (7) transferring cannabis to any person contrary to this Act or the Compassionate Use of Medical Cannabis Pilot Program Act; (8)the use of cannabis by a law enforcement officer, corrections officer,probation officer, or firefighter while on duty; or (9) the use of cannabis by a person who has a school bus permit or a Commercial Driver's License while on duty. As used in this Ordinance, "public place" means any place where a person could reasonably be expected to be observed by others. "Public place" includes all parts of buildings owned in whole or in part, or leased, by the State or a unit of local government. "Public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises. (b) Nothing in this Ordinance shall be construed to prevent the arrest or prosecution of a person for reckless driving or driving under the influence of cannabis if probable cause exists. (c) Nothing in this Ordinance shall prevent a private business from restricting or prohibiting the use of cannabis on its property, including areas where motor vehicles are parked. (d)Nothing in this Ordinance shall require an individual or business entity to violate the provisions of federal law, including colleges or universities that must abide by the Drug-Free Schools and Communities Act Amendments of 1989,that require campuses to be drug free." Section 2: Severability: The provisions of this Ordinance shall be deemed severable, and the invalidity of any portion hereof shall not affect the validity of the remainder hereof. Section 3: Repeal: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance shall be, and the same are, to the extent of such conflict, hereby repealed. Section 4: Change of Law: This Ordinance shall be deemed repealed by operation of law if the Compassionate Use of Medical Cannabis Program Act, as amended, or the Cannabis Regulation and Tax Act, as amended, is adjudged, in a final non-appealable order enforceable in Illinois, or pursuant to subsequent legislative enactment, that the operation of an organization, center or dispensary to be illegal, unconstitutional or in violation of Illinois law. In the event an organization, center or dispensary commences operation under this Ordinance and said ability to operate same becomes illegal, unconstitutional or in violation of Illinois law, all licenses issued pursuant to this Ordinance shall be deemed immediately terminated and vacated,without notice or compensation of any kind. 5 . r Section 5: Effective date: 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,Fulton County,Illinois, at a regular meeting this_6th day of August, 2019 upon a roll call vote as follows: AYES: Aldermen Ryan Mayhew, Quin Mayhew, John Lovell, Craig West, Angela Hale, Jeff Fritz, Angela Lingenfelter, Justin Nelson NAYS: None ABSENT: None APPROVED: I Mayor ATTES . City rk 6