(A) To the fullest extent allowable by law, the operation of a marijuana establishment is prohibited, except where authorized for a dual licensee who:
(1) Operates both a nonprofit medical marijuana dispensary and marijuana establishment cooperatively in a shared location; and
(2) Has not forfeited or terminated the nonprofit medical marijuana dispensary registration from the Department.
(B) Operation of a marijuana establishment is further subject to the following conditions and limitations:
(1) Shall be allowed in only non-residential zoning districts as specified by the Town’s Unified Development Ordinance.
(2) Shall not be located within 300 feet of a residentially-zoned property. This distance shall be measured from the lot line of the property on which the business is conducted or proposed to be conducted to the property boundary line of the residentially zoned property.
(3) Shall not be located within 300 feet of a preschool; kindergarten; elementary; secondary or high school; place of worship; public park; or community center. This distance shall be measured from the property line of the property on which the business is conducted or proposed to be conducted to the property line of the protected use.
(4) Shall be located in a permanent building on an established foundation adhering to town building codes and shall not include any temporary, portable, or self-powered mobile facilities, or trailer, cargo container, or motor vehicle.
(5) Shall have operating hours not earlier than 9:00 a.m. and not later than 8:00 p.m.
(6) Shall not provide drive-thru services or offsite deliveries of marijuana or marijuana products.
(7) Shall not allow a person to consume marijuana or marijuana products on the premises or provide outdoor seating areas.
(8) Shall provide for proper disposal of marijuana remnants or by-products. The remnants or by-products shall not to be placed within the facility’s exterior refuse containers, town trash can, bin, or other town facility, or in any park refuse container unless authorized by the town.
(9) Shall not emit dust, fumes, vapors, or odors into the environment from the facility and shall ensure that ventilation, air filtration, building, and design standards are compatible with adjacent uses and the requirements of adopted building codes of the town.
(10) Shall not sell marijuana or marijuana products, except as permitted by state law to consumers.
(11) Shall not display or keep marijuana or marijuana products that are visible from outside the premises.
(12) Shall comply with applicable county health regulations for food preparation and handling.
(13) Shall comply with applicable laws to safely and securely engage in extraction processes.
(14) Shall submit a written security plan to the Chino Valley Police Department that describes the actions taken to deter and prevent unauthorized entrance into limited access areas, including use of security equipment, exterior lighting to facilitate surveillance, and electronic monitoring such as video cameras.
(Ord. 2021-895, passed 2-9-2021)