§ 120.06  PETITION.
   All policies, procedures and standards of § 159.45 (special permitted uses) shall apply except as otherwise noted in this section. In addition to other information that may be required of a zoning petition by the Zoning Official, the petition for a special permitted use (SPU) under this section shall include:
   (A)   Relevant parties. The name(s), address(es), and phone numbers(s) of the owner(s), operator(s) and agents(s) of the cultivation center or dispensary.
   (B)   Site plan. A site plan of the cultivation center or dispensary, drawn to scale, showing:
      (1)   Boundaries of the facility site and parcel on which the facility will be located;
      (2)   Nature of the structure to be used for the purpose of medical cannabis or use production or distribution;
      (3)   Demonstration that the facility meets the conditions for an enclosed, locked facility;
      (4)   Distance from all facilities and uses requiring setbacks as described in § 120.07
      (5)   All locally required perimeter setback lines;
      (6)   Public access roads and the location of access drives into the site with respect to their creating traffic or security hazards;
      (7)   Location of all existing structures on the site with their uses identified;
      (8)   Current uses, zoning, public roads and structures adjacent to the site;
      (9)   Location of video surveillance equipment;
      (10)   Proposed lighting of the premises;   
      (11)   Proposed signage for the premises;
      (12)   Location, height and nature of any fences or any other barriers meant to provide  security for the site; and
      (13)   Nature and adequacy of supervision and security at the site.
   (C)   Setbacks. Evidence demonstrating that the cultivation center or dispensing organization or adult-use cultivation center. Adult-use craft grower or dispensing organization would meet all requirements of state law regarding setbacks required in the Illinois Cannabis Regulation and Tax Act and the Illinois Compassionate Use of Medical Cannabis Act and any subsequent amendments.
   (D)   State fees. Evidence demonstrating that all state required fees have been or can be paid.
   (E)   Limitation of liability.
      (1)   At the time of submission of a zoning petition under this section, the petitioner shall submit a written acknowledgment that the petitioner agrees to and accepts the limitations of liability and the requirement to indemnify, hold harmless and defend the City of Mattoon and the city's employees and agents, including that: the City of Mattoon shall not be liable to the cultivation center or dispensing organization, cultivation center's or dispensing organization's employees, qualifying patients or caregivers, qualifying patient's or caregiver's employer or employees, family members or guests, for any damage, injury, accident, loss, compensation or claim, based on, arising out of, or resulting from the property for which the zoning is requested being used pursuant to the Compassionate Use of Medical Cannabis Pilot Program, including, but not limited to, the following: arrest, seizure of persons or property, prosecution pursuant to federal or state laws, any fire, robbery, theft, mysterious disappearance or any other casualty; or the actions of any other registrants or persons. This limitation of liability provision shall survive expiration or the early termination of the registration if the registration is granted, or dissolution of use or any subsequent change in zoning.
      (2)   At the time of submission of a zoning petition under this section the petitioner shall submit a written acknowledgment that the petitioner agrees to and accepts the limitations of liability and the requirement to indemnify, hold harmless and defend the City of Mattoon and the city's employees and agents, including that: the City of Mattoon shall not be liable to the adult-use cultivation center or adult-use dispensing organization. Adult-use cultivation center's or adult-use dispensing organization's employees, customers, customer's employer or employees, family members or guests. for any damage, injury, accident, loss, compensation or claim, based on, arising out of, or resulting from the property for which the zoning is requested being used pursuant to the Illinois Cannabis Regulation and Tax Act, including, but not limited to the following: arrest, seizure of persons or property, prosecution pursuant to federal or state laws any fire, robbery, theft, mysterious disappearance or any other casualty: or the actions of any other registrants or persons. This limitation of liability provision shall survive expiration or the early termination of the registration if the registration is granted, or dissolution of use or any subsequent change in zoning.
   (F)   Provision of notice. At the time of submission of a zoning petition under this section, the petitioner shall submit a signed statement certifying that the petitioner has actual notice that, notwithstanding state law and any action by the City of Mattoon, that:
      (1)   Cannabis is a prohibited Schedule I controlled substance under federal law;
      (2)   Participation in either the Illinois Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Pilot Program is permitted only to the extent provided by the strict requirements of the Act and subsequent implementing regulations;
      (3)   Any activity not sanctioned by either the Illinois Cannabis Regulation and Tax Act or the Medical Cannabis Pilot Program Act and its subsequent implementing regulations may be a violation of state law and may result in the revocation of zoning;
      (4)   Growing, distribution or possessing cannabis in any capacity, except through a federally approved research program, is a violation of federal law;
      (5)   Use of medical cannabis or adult-use cannabis may affect an individual's ability to receive federal or state licensure in other areas;
      (6)   Use of medical cannabis or adult-use cannabis , in tandem with other conduct, may be a violation of state or federal law;
      (7)   Participation in the Compassionate Use of Medical Cannabis Pilot Program or the Illinois Cannabis Regulation and Tax Act or approval of zoning by the City of Mattoon does not authorize any person to violate federal or state law and, other than as set out in Section 25 of the Compassionate Use of Medical Cannabis Pilot Program Act or the Illinois Cannabis Regulation and Tax Act does not provide any immunity from or affirmative defense to arrest or prosecution under federal or state law; and
      (8)   Petitioners for the zoning of cultivation centers or dispensaries or adult-use cultivation centers or adult-use dispensaries or adult-use craft growers or adult-use infusers by the City of Mattoon shall indemnify, hold harmless, and defend the City of Mattoon for any and all civil or criminal penalties resulting from participation in the Compassionate Use of Medical Cannabis Pilot Program the Illinois Cannabis Regulation and Tax Act.
(Ord. 2020-5431, passed 6-2-2020)