(A) It shall be unlawful for a person to operate a marijuana establishment at any location within the City of Yuma without obtaining a Nonprofit Medical Marijuana Dispensary and a Marijuana Establishment permit from the city in accordance with Title 7 and Title 15 of the Yuma City Code, including any application and review procedures.
(B) If authorized by state law and a valid permit has been obtained from the city, a marijuana establishment is permitted in the city subject to the following conditions and limitations:
(1) To the fullest extent allowable by law, shall be authorized for a Dual Licensee who operates both a Nonprofit Medical Marijuana Dispensary and Marijuana Establishment cooperatively in a shared location and has not forfeited or terminated the Nonprofit Medical Marijuana Dispensary registration from the Department.
(2) Shall meet the business regulations and zoning requirements contained in Title 7 and Title 15 of the Yuma City Code.
(3) Shall be located in a permanent building on an established foundation adhering to city building codes and shall not include any temporary, portable or self-powered mobile facilities, or trailer, cargo container or motor vehicle.
(4) Shall have operating hours not earlier than 8:00 a.m. and not later than 10:00 p.m.
(5) Shall not provide drive-thru services.
(6) Shall not provide offsite deliveries of marijuana or marijuana products unless specifically authorized by the Department.
(7) Shall not allow a person to smoke or 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 be identified as marijuana remnants in any trash bag or refuse container.
(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 city.
(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 city 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.
(15) For a marijuana establishment that engages in cultivation or manufacturing, shall submit a written operations plan to the city that describes the following:
(a) Procedures showing that the marijuana cultivation will be conducted in accordance with state and local laws and regulations regarding use and disposal of pesticides and fertilizers.
(b) The legal water source, irrigation plan, wastewater systems to be used, and projected water use. The facility may be required to enter into a separate water service agreement with the city if the facility is determined by the city to be a significant water user.
(c) The plan for addressing odor and other public nuisances that may derive from the establishment.
(Ord. O2020-026, passed 12-16-20)