§ 4-2-11 Medical Marijuana Dispensary.
A Medical Marijuana Dispensary as defined in Article 2-2 of this Ordinance is subject to the following regulations:
A. GENERAL REQUIREMENTS:.
1. An application for the establishment of a medical marijuana dispensary must be submitted, reviewed and approved by the Community Development Director or his designee prior to the issuance of a Zoning Permit by the City for the proposed establishment.
2. The application shall include:
a. If the application is by someone other than the owner of the property, an authorization signed by the property owner must be submitted with the application and include an explicit acknowledgement that the property owner knows that the proposed use of the property is for a medical marijuana dispensary.
b. The address and legal name of the medical marijuana dispensary.
c. The name and address of each of principal officer and board member of the medical marijuana dispensary, including their contact information and the emergency contact information for one or more registered dispensary agents responsible for the operation of said dispensary.
d. The name(s) and location(s) of any medical marijuana cultivation location associated with the medical marijuana dispensary.
e. A copy of the operating procedures for the medical marijuana dispensary adopted in compliance with A.R.S. §36-2804(B)(1)(c).
f. A floor plan showing the layout and dimensions of the medical marijuana dispensary to demonstrate compliance with the development standards contained herein and show the security measures proposed to comply with A.R.S. §36-2806 and the standards contained herein.
3. All medical marijuana dispensaries shall adhere to all applicable state, county and municipal laws, codes, ordinances, rules, and regulations and shall be operated in conformance with the provisions of A.R.S. §36-2801, et. seq. and any rules adopted by the Arizona Department of Health Services pursuant said statutes.
B. SEPARATION STANDARDS.
1. A medical marijuana dispensary shall not be located within five thousand two hundred and eighty feet (5,280') measured in a straight line in any direction from the closest exterior building wall of the medical marijuana dispensary to the closest exterior building wall of any other medical marijuana dispensary or any medical marijuana cultivation location, unless the cultivation facility is associated with said dispensary, in which case no separation is required.
2. A medical marijuana dispensary shall not be located within five hundred feet (500') measured in a straight line in any direction from the closest exterior building wall of the medical marijuana dispensary to the closest property line of any property in a residential district (not including residentially-zoned public street right-of-way), as described in Article 3-1 of this ordinance.
3. A medical marijuana dispensary shall not be located within one thousand feet (1,000') measured in a straight line in any direction from the closest exterior building wall of the medical marijuana dispensary to the closest property line of a public, private, parochial, or charter kindergarten, elementary, secondary or high school.
4. A medical marijuana dispensary shall not be located within one thousand feet (1,000') measured in a straight line in any direction from the closest exterior building wall of the medical marijuana dispensary to the closest property line of a licensed preschool, day care or childcare center.
5. A medical marijuana dispensary shall not be located within one thousand feet (1,000') measured in a straight line in any direction from the closest exterior building wall of the medical marijuana dispensary to the closest property line of a public park, library or public community center.
6. A medical marijuana dispensary shall not be located within one thousand feet (1,000') measured in a straight line in any direction from the closest exterior building wall of the medical marijuana dispensary to the closest property line of any church or place of worship.
7. A medical marijuana dispensary shall not be located within two thousand feet (2,000') measured in a straight line in any direction from the closest exterior building wall of the medical marijuana dispensary to the closest property line of any licensed residential substance abuse diagnostic and treatment facility or other licensed drug or alcohol rehabilitation facility.
8. A medical marijuana dispensary shall not be located within one thousand feet (1,000') measured in a straight line in any direction from the closest exterior building wall of the medical marijuana dispensary to the closest property line of any adult businesses as defined in Article 2 of this ordinance.
C. DEVELOPMENT STANDARDS.
1. The medical marijuana dispensary must be located in a permanent building and shall not be located in a trailer, cargo container, mobile or modular building, mobile home, recreational vehicle or other motor vehicle.
2. The maximum gross floor area of a medical marijuana dispensary shall not exceed two thousand five hundred (2,500) square feet.
3. The secure storage area for the medical marijuana stored at the medical marijuana dispensary shall not exceed five hundred (500) square feet of the total of the two thousand five hundred (2,500) square feet maximum gross floor area of the medical marijuana dispensary.
4. The medical marijuana dispensary shall have an interior customer waiting area equal to twenty-five percent (25%) of the gross floor area.
5. The permitted hours of operation of a medical marijuana dispensary shall be limited to between 8:00 a.m. and 7:00 p.m.
6. The medical marijuana dispensary shall not have a drive-through service.
7. The medical marijuana dispensary shall not offer a service that provides off-site delivery of the medical marijuana.
8. The medical marijuana dispensary shall not provide outdoor seating areas.
9. The operator of the medical marijuana dispensary shall provide unrestricted access to City code enforcement officers or police officers who request admission for the purpose of determining compliance with these standards.
10. Within the medical marijuana dispensary there shall be a secure storage area which has a single point of access and whose walls and roof are constructed of materials (eight-inch concrete block or equal) sufficient to deter and prevent theft of marijuana being processed.
11. All marijuana shall be placed within the secure storage area at any time when the dispensary is not open for business.
12. The operator of the medical marijuana dispensary shall provide for the proper disposal of marijuana remnants or by-products, and such material shall not be placed within the dispensary’s exterior refuse containers.
13. The operator of the medical marijuana dispensary shall ensure that there is no emission of dust, fumes, vapors, or odors into the environment from the dispensary.
14. The operator of the medical marijuana dispensary shall not allow on-site consumption of medical marijuana.
15. The medical marijuana dispensary shall have only one secure entrance to the dispensary and any other doors required for exiting shall be locked to the outside and have an alarm that sound when opened from the inside;
16. The medical marijuana dispensary shall have an alarm system with a redundant power supply and circuitry to prevent deactivation.
17. The medical marijuana dispensary shall have a video surveillance system that at all times records all interior areas and the exterior perimeter.
18. The operator of the medical marijuana dispensary shall post and maintain “No Loitering” sign(s) in sufficient quantity, size and location so that they are clearly visible by anyone in the immediate vicinity of the entrance or premises.
19. The medical marijuana dispensary shall have adequate exterior security lighting which also complies with Article 10 of this ordinance.
20. Entry to the medical marijuana dispensary shall be limited only to those persons who either possess a valid registration card or need access to perform their duties in enforcing local, state or federal laws or regulations. No one under eighteen (18) years of age shall be permitted inside the dispensary, unless such person is a registered qualifying patient and is accompanied by a parent or legal guardian.
21. The operator of the medical marijuana dispensary shall develop and maintain a security plan which demonstrates compliance with all of the minimum standards specified herein.