A. All medical marijuana facilities shall comply with the regulations set forth in this section.
B. All medical marijuana cultivation facilities shall be wholly contained within an enclosed, locked facility as defined in A.R.S. § 36-2801(6).
C. Prior to the issuance of a certificate of occupancy, a medical marijuana facility shall provide written evidence of the following from the appropriate state regulatory agency:
1. The proposed facility is in compliance with all applicable state regulatory agency and state law requirements.
2. Any application submitted to and approval granted by a State regulatory agency.
3. In addition to the documents required in Subsections C.1. and C.2., above, an applicant for an infusion facility, whether located within a dispensary or cultivation facility, shall provide certified copies of all approved permits and licenses required by Local Heath Department.
4. In addition to the documents required in Subsections C.1. and C.2., above, an applicant for a dispensary shall provide:
a. A complete list of the cultivation and infusion facilities from which the dispensary will receive medical marijuana or medical marijuana infused products. Said list shall include:
(I) The name and physical location of the cultivation or infusion facility;
(ii) The number of any state license granted by the state regulating agency to the cultivation or infusion facility;
(iii) The name and contact information for each and every member of the board of directors of the cultivation and/or infusion facility.
b. A copy of the operating procedures submitted to and approved by the state regulatory agency.
5. In addition to the documents required in subsections C.1. and C.2., above, an applicant for a cultivation facility shall provide a complete list of all dispensaries for which the cultivation facility will cultivate medical marijuana, including:
(I) The name and physical location of the dispensary;
(ii) The number of any license granted by the regulatory agency; and
(iii) The name and contact information for each and every member of the board of directors of the dispensary.
D. The following separation requirements shall apply to all medical marijuana facilities:
1. Five hundred (500) feet from any school, public or private.
2. Five hundred (500) feet from any public park, public building, or public community center.
3. Five hundred (500) feet from any drug or alcohol rehabilitation facility or correctional transitional housing facility.
4. Five hundred (500) feet from any residential zoning district.
5. Five hundred (500) feet from the nearest edge of the right-of-way of State Route 89.
E. There shall be no retail sales, restaurant, food service, or entertainment activities within a medical marijuana cultivation facility.
F. Dust, fumes, odor, or vapors emitting from any cultivation or infusion facility shall be mitigated to minimize impact on surrounding properties. Mitigation includes, but is not limited to, the following: ventilation of buildings, dust control, and/or installation and use of devices designed to minimize dust, fumes, odors, or vapors.
G. All medical marijuana facilities shall be located in a permanent building or structure. No such facility shall be allowed to locate in a trailer, cargo container, or motorized vehicle.
H. The total square footage of a medical marijuana dispensary facility shall not exceed two thousand (2,000) square feet.
I. There shall be no consumption of medical marijuana on the premises of any medical marijuana facility.
J. Entry into limited access areas within a medical marijuana facility is restricted to medical marijuana dispensary agents or persons accompanied by a medical marijuana dispensary agent.
K. Medical marijuana infusion facilities shall:
1. Be located on the same site as a dispensary or a cultivation facility.
2. On-site infusion facilities, whether attached or free standing, shall not occupy greater than twenty (20) percent of the gross floor area of the respective dispensary or cultivation facility.
3. There shall be no retail sales, restaurant, food service, or entertainment activities within a medical marijuana infusion facility.
L. All cultivation of medical marijuana shall take place within an enclosed, locked structure comprised of a roof and walls that fully obscure all plants and cultivation activities from public view and in compliance with the provisions of this code and Arizona state law. There shall be no outdoor cultivation of medical marijuana within the corporate boundaries of the Town.
(Ord. 13-779, passed 12-10-2013; Ord. 16-811, passed 1-26-2016; Ord. 16-816, passed 6-14-2016)