(A) Nothing herein shall be construed to allow or permit a person to engage in, nor does it prevent the imposition of any civil, criminal, or other penalty for engaging in the following conduct prohibited by A.R.S. § 36-2802:
(1) Undertaking any task under the influence of marijuana that would constitute negligence or professional malpractice;
(2) Possessing or engaging in the medical use of marijuana:
(a) On a school bus;
(b) On the grounds of any preschool or primary or secondary school; or
(c) In any correctional facility.
(3) Smoking marijuana:
(a) On any form of public transportation; or
(b) In any public place.
(4) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana except the registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment; or
(5) Using marijuana except as authorized by law.
(B) Final passage of this subchapter by the Town Council shall not be construed to rescind or revoke the authority of a marijuana dispensary or a marijuana infusion facility to continue its lawful operation, providing it has been issued all of the following:
(1) Town of business license and privilege tax license, zoning clearance letter, final occupancy permit;
(2) State Department of Health Marijuana Dispensary Registration Certificate, and/or State Department of Health Certificate for a Marijuana Infusion Facility, and State Department of Health approval to operate a marijuana dispensary and/or approval to operate a marijuana infusion facility, and/or amended State Department of Health Dispensary Registration Certificate;
(3) If at the time of passage of this section the holder of an State Department of Health Medical Marijuana Registration Certificate, or an amended State Medical Marijuana Registration Certificate, State Department of Health Certificate for a Medical Marijuana Infusion Facility has an application pending before the State Department of Health requesting a permit to operate a medical marijuana dispensary and/or a medical marijuana infusion facility and the holder has obtained from the town a zoning clearance letter, and/or a temporary or final occupancy permit, and in the opinion of the Zoning Administrator the applicant has expended significant sums of money in reliance on the zoning clearance letter or other preliminary documents, the Zoning Administrator may consider the application as being “grand fathered” and upon receipt of final documents from the State Department of Health approving the operation issue any final permits required by the town to operate the dispensary or the infusion facility; and
(4) Should the holder of any such certificate disagree with the decision of the Zoning Administrator concerning “grand fathered” status, the holder may file a notice of appeal to the Town Council. Said notice of appeal shall be filed with the Town Manager/Clerk not later than ten business days after receipt of the decision. The Council shall hear the appeal at a special or regular Council meeting not less than ten nor more than 30 days after receipt of the notice of appeal unless a different time period is mutually agreed upon.
(Ord. 2017-02, passed 3-23-2017)