10-24-6: USE PERMIT CRITERIA:
The premises in or upon which shall be operated a medical marijuana facility, a medical marijuana cultivation site or an infusion food establishment shall:
   A.   Be located in a permanent building and shall not be located in a temporary structure, trailer, cargo container, motor vehicle, or other similar nonpermanent enclosure.
   B.   Not be larger than two thousand five hundred (2,500) gross square feet for a medical marijuana facility and three thousand (3,000) gross square feet for a medical marijuana cultivation site. The secure storage area shall not exceed five hundred (500) square feet in a medical marijuana facility and one thousand (1,000) square feet in a medical marijuana cultivation site.
   C.   Be operated only by a medical marijuana dispensary or, in the case of an infusion food establishment, a person or entity authorized by state law to infuse edible food products, who does:
      1.   Comply with all registration and recordkeeping required by the city of Tombstone, Cochise County and Arizona law.
      2.   Obtain, maintain and display a valid city of Tombstone business registration or license as may be required by this code.
      3.   Not provide off site deliveries of medical marijuana to a cardholder.
      4.   Not sell merchandise other than medical marijuana and related supplies.
      5.   Not have or operate drive-through facilities or takeout windows.
      6.   Not emit dust, fumes, vapors or odors into the environment.
      7.   Prohibit consumption of medical marijuana on the premises.
      8.   Not permit outdoor seating anywhere on the premises. Where the premises is located within a larger commercial or industrial development having walkways or other common areas containing already existing outdoor seating required as a condition of the zoning for the development, then no new outdoor seating shall be located immediately adjacent to the premises.
      9.   Allow annual fire inspections pursuant to this code.
      10.   Have operating hours not earlier than nine o'clock (9:00) A.M. and not later than five o'clock (5:00) P.M. (Ord. 2015-02, 7-14-2015)