(A) Additional Permitted Use: Areas designated and established as I-2 (Heavy Industrial District) for zoning purposes may have an additional permitted use, upon attaining a conditional use permit as set forth herein, involving the establishment of a Cannabis Craft Grower ("Craft Grower") pursuant to the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.). The city authorizes three (3) craft grower conditional use permits to operate within the City of Canton. The cost of a craft grower conditional use permit shall total four thousand and no/100 dollars ($4,000.00) per year, pro-rated only upon the date of issuance if issued after January 1, 2020 and during the year 2020. 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.
(B) Definitions: All definitions set forth in 410 ILCS 705/1-10, as amended from time to time, are hereby adopted and fully incorporated herein.
(C) Conditions of Use: It shall be lawful to operate a craft grower facility so long as the following applies and is adhered to:
1. Craft growers must be licensed by the Department of Agriculture through the State of Illinois;
2. Craft growers must have a craft grower conditional use permit, as set forth in this section, issued by the City of Canton;
3. All cultivation of cannabis by a craft grower must take place in an enclosed, locked facility at the physical address provided to the Department of Agriculture and the City of Canton during the licensing/permitting process;
4. The craft grower location shall only be accessed by the agents working for the craft grower, the Department of Agriculture staff performing inspections, the Department of Public Health staff performing inspections, state and local law enforcement or other emergency personnel, contractors working on jobs unrelated to cannabis, such as installing or maintaining security devices or performing electrical wiring, transporting organization agents as provided in this Act, or participants in the incubator program, individuals in a mentoring or educational program approved by the state, or other individuals as provided by rule. However, if a craft grower shares a premises with an infuser or dispensing organization, agents from those other licensees may access the craft grower portion of the premises if that is the location of common bathrooms, lunchrooms, locker rooms, or other areas of the building where work or cultivation of cannabis is not performed. At no time may an infuser or dispensing organization agent perform work at a craft grower without being a registered agent of the craft grower;
5. Craft growers must not be located within one thousand feet (1,000') 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;
6. Craft grower facilities may not be located in a house, apartment or condominium;
7. Craft growers may not be located in an area zoned for residential use;
8. Craft growers may not be located within 1,000 feet of the property line of a pre-existing property zoned or used for residential purposes;
9. Craft growers may not be located within 1,500 feet of another craft grower or cultivation center;
10. Craft growers may not sell or distribute any cannabis to any person other than a cultivation center, a craft grower, an infuser organization, a dispensing organization, or as otherwise authorized by rules promulgated under the Act;
11. Craft growers may not display or store cannabis, cannabis-infused products and cannabis concentrate in an area accessible to the public;
12. Craft growers may process cannabis, cannabis concentrates, and cannabis-infused products, in accordance with state and local law;
13. Craft growers may enter into a contract with a transporting organization to transport cannabis to a cannabis business establishment, in accordance with state and local law;
14. Craft growers shall have appropriate security employed and security measures implemented at all times, 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;
15. Craft growers shall fully comply with all requirements of the Cannabis Regulation and Tax Act and any other laws or regulations of the City of Canton, Illinois Department of Agriculture, and/or the State of Illinois;
16. Craft growers must comply with any other requirements or prohibitions set by administrative rule of the Department of Agriculture.
(D) Additional Limitations and Penalties:
1. Craft grower shall comply with all state and any applicable Federal rules and regulations regarding the use of pesticides.
2. Craft growers are subject to random inspections by local safety or health inspectors.
3. Craft growers shall notify local law enforcement within twenty-four (24) hours of the discovery of any loss or theft. Notification shall be made by phone, in person, or written or electronic communication.
4. Craft grower shall not transport cannabis or cannabis-infused products to any other cannabis business establishment without a transport organization license unless the cannabis business establishment receiving the cannabis is within fifteen (15) miles of the craft grower.
5. No on-site use or consumption of cannabis shall be permitted at any craft grower facility in the City of Canton.
6. A person who violates any of the provisions in this Section
10-12-12 shall be subject to a fine of not less than five hundred dollars ($500.00) but no more than seven hundred and fifty dollars ($750.00). A cannabis craft grower granted and issued a conditional use permit under these provisions shall be subject to a fine of not less than five hundred dollars ($500.00) but no more than seven hundred and fifty dollars ($750.00) 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. (Ord. 4180, 2-18-2020)