The purpose of this article 13 is to provide for regulations necessary to protect the public health, safety and welfare of the general public by limiting the possible negative secondary effects of marijuana facilities. The provisions of this article 13 shall apply to all medical marijuana dispensaries, marijuana establishments and marijuana cultivation locations located within the corporate limits of the City of Avondale.

(Ord. No. 2007-0121, § 4, 1-19-21)

A.

Medical marijuana dispensaries, marijuana establishments or marijuana cultivation locations that provide product to a medical marijuana dispensary or a marijuana establishment are prohibited from being established, operated or licensed in any City of Avondale Zoning District other than A-1 and are further limited as listed below:

1.

The operation of a marijuana establishment is prohibited in the city, except where authorized for a dual licensee who:

a.

Operates both a nonprofit medical marijuana dispensary and a marijuana establishment cooperatively in a shared location; and

b.

Has not forfeited or terminated the nonprofit medical marijuana dispensary registration from the Arizona Department of Health Services (herein after referred to as the "Department").

2.

The operation of a marijuana establishment consisting of an off-site cultivation location is prohibited in the city, except where authorized for:

a.

A single cultivation location for a nonprofit medical marijuana dispensary owned or controlled by a licensee holding a license in good standing from the Department for a medical marijuana dispensary.

b.

A single cultivation location for a retail marijuana establishment owned or controlled by a licensee holding a license in good standing from the department for a retail marijuana establishment.

3.

If a licensee has surrendered, terminated or forfeited their license for a nonprofit medical marijuana dispensary or a retail marijuana establishment, their permit for the cultivation facility shall automatically terminate upon action by the department.

B.

Medical marijuana dispensaries, marijuana establishments and marijuana cultivation locations providing product to a medical marijuana dispensary or retail marijuana establishment shall meet the following minimum separation requirements, measured in a straight line from the closest property boundary line of the parcel containing the medical marijuana dispensary, marijuana establishment or marijuana cultivation location to the closest property boundary line of the parcel containing any existing uses listed below:

1.

Two thousand (2,000) feet from any other medical marijuana dispensary, marijuana establishment or marijuana cultivation location.

2.

Two thousand (2,000) feet from a substance abuse diagnostic and treatment facility or other drug or alcohol rehabilitation facility.

3.

Two thousand (2,000) feet from a public, private, parochial, charter, dramatic, dancing or music school, a learning center, or other similar school or educational or entertainment facility that caters to children.

4.

Two thousand (2,000) feet from a childcare center or registered residential childcare facility.

5.

Two thousand (2,000) feet from a public library.

6.

Two thousand (2,000) feet from a park.

7.

Two thousand (2,000) feet from a church or place of worship.

C.

A marijuana establishment engaging in the cultivation of marijuana and not associated with an Arizona medical marijuana dispensary engaging in the sale of marijuana to qualified individuals is prohibited, and only one (1) marijuana cultivation location shall be permitted for the single medical marijuana dispensary engaging in the sale of marijuana to qualified individuals located in the city with which it is associated. The provisions of this Subsection 1302(C) shall not apply to locations identified pursuant to Ariz. Rev. Stat. § 36-2804-02(A)(3)(f) for cultivation of medical marijuana by a designated caregiver or qualifying patient for a qualifying patients medical use.

D.

A marijuana establishment engaging in the cultivation of marijuana and not associated with a marijuana establishment engaging in the retail sale of marijuana in the city is prohibited, and only one (1) cultivation location shall be permitted for the single marijuana establishment engaging in the retail sale of marijuana located in the city with which it is associated.

E.

Dual licensee as set forth in subsection 1302(A)(1) means that the medical marijuana dispensary and the marijuana establishment engaging in the retail sale of marijuana shall be:

1.

Located in a single facility.

2.

May have a shared entrance but shall have physically separate waiting areas and dispensary and retail sales areas.

3.

May have shared parking, however parking will be calculated as if two businesses are located at the physical location.

(Ord. No. 2007-0121, § 4, 1-19-21)

A.

The following size limitations shall apply to any marijuana establishment providing cultivation services to a medical marijuana dispensary and located at a separate location.

1.

The total maximum floor area of a marijuana establishment cultivation location shall not exceed two thousand five hundred (2,500) square feet.

2.

The secure storage area for the medical marijuana stored at the marijuana establishment cultivation location shall not exceed five hundred (500) square feet of the total two thousand five hundred (2,500) square foot maximum floor area of a marijuana establishment cultivation location.

B.

The following size limitations shall apply to any marijuana establishment cultivation location associated with and located at the same location as a medical marijuana dispensary:

1.

The total maximum floor area of a marijuana establishment cultivation location shall not exceed three thousand (3,000) square feet.

2.

The secure storage area for the medical marijuana stored at the marijuana establishment cultivation location shall not exceed one thousand (1,000) square feet of the three thousand (3,000) square feet total maximum floor area of a marijuana establishment cultivation location.

3.

For a marijuana establishment engaging in cultivation for a medical marijuana dispensary, the total maximum floor area that may also be used for cultivation and incorporation or processing of the medical marijuana into consumable or edible products inclusive of any secure storage area, shall not exceed three thousand (3,000) square feet. The secure storage area for the medical marijuana stored at a medical marijuana dispensary that also is a cultivation location shall not exceed one thousand five hundred (1,500) square feet.

(Ord. No. 2007-0121, § 4, 1-19-21)

A.

The following size limitations shall apply to any marijuana cultivation location associated with a qualified patient or designated caregiver:

1.

All conditions and restrictions for medical marijuana cultivation locations apply except that the designated caregiver cultivation area is limited to a total two hundred fifty (250) square feet maximum, including any storage areas.

2.

More than one designated caregiver may not co-locate cultivation locations.

(Ord. No. 2007-0121, § 4, 1-19-21)

A.

The following size limitations shall apply to any marijuana establishment providing cultivation services to a marijuana establishment and located at a separate location:

1.

The total maximum floor area of a marijuana establishment engaged in the retail sale of marijuana shall not exceed two thousand five hundred (2,500) square feet.

2.

The secure storage area for the marijuana stored at the marijuana establishment engaged in the retail sale of marijuana shall not exceed five hundred (500) square feet of the total two thousand five hundred (2,500) square foot maximum floor area of a marijuana establishment.

B.

The following size limitations shall apply to any marijuana establishment cultivation location associated with and located at the same location as a marijuana establishment engaged in the retail sale of marijuana:

1.

The total maximum floor area of a marijuana establishment cultivation location shall not exceed three thousand (3,000) square feet.

2.

The secure storage area for the marijuana stored at the marijuana establishment cultivation location shall not exceed one thousand (1,000) square feet of the three thousand (3,000) square feet total maximum floor area of a retail marijuana establishment.

3.

For a marijuana establishment engaging in cultivation for a marijuana establishment engaged in the retail sale of marijuana, the total maximum floor area that may also be used for cultivation and incorporation or processing of the marijuana into consumable or edible products inclusive of any secure storage area, shall not exceed three thousand (3,000) square feet. The secure storage area for the marijuana stored at a marijuana establishment that also is a cultivation location shall not exceed one thousand five hundred (1,500) square feet.

(Ord. No. 2007-0121, § 4, 1-19-21)

The following minimum requirements shall apply to all medical marijuana dispensary uses located in the zoning district where such uses are permitted:

A.

In conjunction with the application requirements set forth in article 1 above, an applicant for any medical marijuana dispensary shall provide all of the following:

1.

A notarized authorization, executed by the property owner, acknowledging and consenting to the proposed use of the property as a medical marijuana dispensary.

2.

The legal name of the medical marijuana dispensary.

3.

The name, address and birth date of each officer and board member of the nonprofit medical marijuana dispensary agent.

4.

The name, address, birth date and valid registry identification card number of

(a)

Each medical marijuana dispensary agent if the application is related to a medical marijuana dispensary and marijuana establishment cultivation location (b) each designated caregiver and qualifying patient if the application is related to a marijuana establishment cultivation location associated with such qualifying patient and designated caregiver.

5.

A copy of the operating procedures adopted in compliance with Ariz. Rev. Stat. § 36-2804(B)(1)(c).

6.

A notarized certification that none of the medical marijuana dispensary officers or board members has been convicted of any of the following offenses:

a.

A violent crime, as defined in Ariz. Rev. Stat. § 13-901.03(B), that was classified as a felony in the jurisdiction where the person was convicted.

b.

A violation of state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted except an offense for which the sentence, including any term of probation, incarceration or supervised release, was completed ten or more years earlier or an offense involving conduct that would be immune from arrest, prosecution or penalty under Ariz. Rev. Stat. § 36-2811 except that the conduct occurred before the effective date of that statute or was prosecuted by an authority other than the state of Arizona.

7.

A notarized certification that none of the medical marijuana dispensary officers or board members has served as an officer or board member for a medical marijuana dispensary that has had its registration certificate revoked.

8.

A floor plan showing the location, dimensions and type of security measures demonstrating that the medial marijuana dispensary or marijuana establishment cultivation location will be secured, enclosed and locked as required by law.

9.

A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the medical marijuana dispensary or marijuana establishment cultivation location to the property boundary of the parcel containing any existing uses listed in section 1302 or 1303 above. If any of the uses are located within fifty (50) feet of the minimum separation, the drawing, showing actual surveyed separations, shall be prepared by a registered land surveyor.

B.

A medical marijuana dispensary shall have operating hours not earlier than 9:00 a.m. and not later than 8:00 p.m.

C.

A medical marijuana dispensary shall:

1.

Be located in a permanent building and may not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other mobile vehicle.

2.

Not have drive-through service.

3.

Shall not emit dust, fumes, vapors or odors into the environment from the facility and ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes of the city.

4.

Not provide off-site delivery of medical marijuana.

5.

Prohibit smoking of marijuana or the consumption of marijuana infused products on the premises.

6.

Not have outdoor seating areas, but shall have adequate indoor seating to prevent outside loitering.

7.

Not sell marijuana or marijuana products, except as permitted by state law to eligible patients.

8.

Not display or keep marijuana or marijuana products that are visible from outside the premises.

9.

Comply with applicable state and county health regulations for food preparation and handling.

10.

Comply with applicable laws to safely and securely engage in extraction processes.

11.

Display a current City of Avondale business license and a State of Arizona tax identification number.

12.

Install lighting to illuminate the exterior and interior of the building and all entrances and exits to the facility. Exterior lighting shall be at least five (5) foot candles, measured at ground level, and shall remain on during all hours between sunset and sunrise each day. Twenty-four (24) hours each day, the medical marijuana dispensary or marijuana establishment cultivation location shall illuminate the entire interior of the building, with particular emphasis on the locations of any counter, safe, storage area and any location where people are prone to congregate. The lighting must be of sufficient brightness to ensure that the interior is readily visible from the exterior of the building from a distance of one hundred (100) feet.

13.

Provide security guards at the main entrances and exits during all hours of operation. For the purposes of this Section, "security guard" shall mean licensed and duly bonded security personnel registered pursuant to Ariz. Rev. Stat. § 32-2601 et seq. Prior to opening for business, the medical marijuana dispensary or marijuana establishment cultivation location shall provide all property owners within a five hundred (500) foot radius of the medical marijuana dispensary or marijuana establishment cultivation location with written notification via first class U.S. Mail of the security company responsible for providing its security services.

14.

Have an exterior appearance compatible with commercial structures already constructed or under construction within the immediate neighborhood to insure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity.

15.

Allow unrestricted access by city code enforcement officers, police officers or other agents or employees of the city requesting admission for the purpose of determining compliance with these standards.

16.

Not display signs, or any other advertising matter used in connection with the medical marijuana dispensary or marijuana establishment cultivation location of any offensive nature and such signs shall in no way be contrary to the City Code, or obstruct the view of the interior of the premises viewed from the outside.

17.

Comply with all other applicable property development and design standards of the City of Avondale.

D.

To ensure that the operations of medical marijuana dispensaries are in compliance with Arizona law and to mitigate the adverse secondary effects from operations of dispensaries, medical marijuana dispensaries shall operate in compliance with the following standards:

1.

No doctor shall issue a written certification on-site for medical marijuana.

2.

There shall be no on-site sales of alcohol, tobacco or food, other than food products containing infused medical marijuana. There shall be no on-site consumption of food, alcohol, tobacco or medical marijuana; provided that employees may consume food on-site so long as it does not contain infused medical marijuana.

3.

Medical marijuana dispensaries shall only dispense medical marijuana to qualified patients and their designated caregivers as defined in Ariz. Rev. Stat. § 36-2801 et seq.

4.

Medical marijuana dispensaries shall notify patrons of the following verbally and through posting of a sign in a conspicuous location at the medical marijuana dispensary:

a.

Use of medical marijuana shall be limited to the patient identified on the doctor's written certification. Secondary sale, barter or distribution of medical marijuana is a crime and can lead to arrest.

b.

Patrons must immediately leave the site and not consume medical marijuana until at home or in an equivalent private location. Medical marijuana dispensary staff shall monitor the site and vicinity to ensure compliance.

5.

Medical marijuana dispensaries shall not provide marijuana to any individual in an amount not consistent with personal medical use or in violation of state law and regulations related to medical marijuana use.

6.

Medical marijuana dispensaries shall not store more than two hundred dollars ($200.00) in cash overnight on the premises.

7.

Any qualified patient under eighteen (18) years of age shall be accompanied by a parent or legal guardian. Except for such parent or legal guardian, no persons other that qualified patients and designated caregivers shall be permitted within a medical marijuana dispensary premises.

8.

Medical marijuana dispensaries shall provide law enforcement and all interested neighbors with the name and phone number of an on-site community relations staff person to notify if there are operational problems with the establishment.

(Ord. No. 2007-0121, § 4, 1-19-21)

For purposes of this section 1307, marijuana establishment shall mean (i) a location for the retail sale of marijuana to individuals 21 years of age or over or (ii) a marijuana cultivation location that is specifically associated with a single medical marijuana dispensary or a single marijuana establishment engaging in the retail sale of marijuana. The following minimum requirements shall apply to all marijuana establishments located in the Zoning District where such uses are permitted:

A.

In conjunction with the application requirements set forth in article 1 above, an applicant for a marijuana establishment shall provide all of the following:

1.

A notarized authorization, executed by the property owner, acknowledging and consenting to the proposed use of the property as a marijuana establishment. If a new marijuana establishment is proposed to be collocated with an existing medical marijuana dispensary, the property owner shall consent to the marijuana establishment.

2.

The legal name of the marijuana establishment.

3.

A copy of a certification from the Arizona Corporation showing that the business in in good standing, if a corporation or limited liability company.

4.

The name, address, birth date and valid marijuana establishment agent identification card of (a) each employee of a marijuana establishment. In the best interest of the city, the information pursuant to subsection 4 shall not be subject to disclosure as a public record.

5.

A notarized certification that none of the marijuana establishment officers or board members has been convicted of any of the following offenses:

a.

A violent crime, as defined in Ariz. Rev. Stat. § 13-901.03(B), that was classified as a felony in the jurisdiction where the person was convicted.

b.

A violation of state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted except an offense for which the sentence, including any term of probation, incarceration or supervised release, was completed ten (10) or more years earlier or an offense involving conduct that would be immune from arrest, prosecution or penalty under Ariz. Rev. Stat. § 36-2811 except that the conduct occurred before the effective date of that statute or was prosecuted by an authority other than the State of Arizona.

6.

A notarized certification that none of the marijuana establishment managers, officers, board members have served as an officer or board member for a marijuana establishment that has had its registration certificate revoked.

7.

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. In the best interest of the city, the information pursuant to subsection 7. shall not be subject to disclosure as a public record.

8.

A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the marijuana establishment to the property boundary of the parcel containing any existing uses listed in sections 28-312 and 28-313 above. If any of the uses are located within fifty (50) feet of the minimum separation, the drawing, showing actual surveyed separations, shall be prepared by a registered land surveyor.

B.

A marijuana establishment shall have operating hours not earlier than 9:00 a.m. and not later than 8:00 p.m.

C.

A marijuana establishment shall:

1.

Be located in a permanent building and may not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other mobile vehicle.

2.

Not provide drive-thru services or off-site deliveries of marijuana or marijuana products.

3.

Shall not emit dust, fumes, vapors or odors into the environment from the facility and ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes of the city.

4.

Prohibit smoking of marijuana or the consumption of marijuana infused products on the premises.

5.

Not have outdoor seating areas, but shall have adequate indoor seating to prevent outside loitering.

6.

Not sell marijuana or marijuana products, except as permitted by state law.

7.

Not display or keep marijuana or marijuana products that is visible from outside the premises.

8.

Comply with applicable state and county health regulations for food preparation and handling.

9.

Comply with applicable laws to safely and securely engage in extraction processes.

10.

Display a current City of Avondale business license and a State of Arizona tax identification number.

11.

Install lighting to illuminate the exterior and interior of the building and all entrances and exits to the facility. Exterior lighting shall be at least five (5) foot candles, measured at ground level, and shall remain on during all hours between sunset and sunrise each day. Twenty-four (24) hours each day, the marijuana establishment shall illuminate the entire interior of the building, with particular emphasis on the locations of any counter, safe, storage area and any location where people are prone to congregate. The lighting must be of sufficient brightness to ensure that the interior is readily visible from the exterior of the building from a distance of one hundred (100) feet.

12.

Provide security guards at the main entrances and exits during all hours of operation. For the purposes of this Section, "security guard" shall mean licensed and duly bonded security personnel registered pursuant to Ariz. Rev. Stat. § 32-2601 et seq. Prior to opening for business, the marijuana establishment shall provide all property owners within a five hundred (500) foot radius of the marijuana establishment with written notification via first class U.S. Mail of the security company responsible for providing its security services.

13.

Have an exterior appearance compatible with commercial structures already constructed or under construction within the immediate neighborhood to insure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity.

14.

Allow unrestricted access by city code enforcement officers, police officers or other agents or employees of the city requesting admission for the purpose of determining compliance with these standards.

15.

Not display signs, or any other advertising matter used in connection with the marijuana establishment of any offensive nature and such signs shall in no way be contrary to the City Code, or obstruct the view of the interior of the premises viewed from the outside.

16.

Comply with all other applicable property development and design standards of the city.

D.

To ensure that the operations of marijuana establishments are in compliance with Arizona law and to mitigate the adverse secondary effects from operations of marijuana establishments, marijuana establishments shall operate in compliance with the following standards:

1.

There shall be no on-site sales of alcohol, tobacco or food, other than food products containing infused marijuana. There shall be no on-site consumption of food, alcohol, tobacco or marijuana; provided that employees may consume food on-site so long as it does not contain infused marijuana.

2.

Marijuana establishments shall not provide marijuana to any individual in an amount in violation of state law and regulations related to marijuana establishments.

3.

Marijuana establishments shall not store more than two hundred dollars ($200.00) in cash overnight on the premises.

4.

Marijuana establishments shall post notice that you are required to be 21 years of age or older to purchase marijuana.

5.

Marijuana establishments shall provide law enforcement and all interested neighbors with the name and phone number of an on-site community relations staff person to notify if there are operational problems with the establishment.

(Ord. No. 2007-0121, § 4, 1-19-21)