18.70.160 Medical marijuana and marijuana establishment uses.
(A) The minimum requirements of this section shall apply to all “medical marijuana dispensary” and “medical marijuana dispensary off-site cultivation location” uses located in any zoning district.
(B) In addition to any other application requirements, an applicant for any “medical marijuana dispensary” or “medical marijuana dispensary off-site cultivation location” conditional use permit shall provide 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 or a medical marijuana dispensary off-site cultivation location, as applicable;
(2) The legal name of the medical marijuana dispensary or medical marijuana dispensary off-site cultivation location;
(3) If the application is for a medical marijuana dispensary off-site cultivation location, the name and location of the medical marijuana dispensary with which it is associated;
(4) The name, address, and birth date of each officer and board member of the nonprofit medical marijuana dispensary;
(5) The name, address, birth date, and valid registry identification card number of each nonprofit medical marijuana dispensary agent;
(6) A copy of the operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(c);
(7) A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has been convicted of any of the following offenses:
(a) A violent crime as defined in A.R.S. § 13-901.03(B) that was classified as a felony in the jurisdiction where the person was convicted; or
(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 A.R.S. § 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;
(8) A notarized certification that none of the nonprofit 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;
(9) A floor plan showing the location, dimensions and type of security measures demonstrating that the medical marijuana dispensary or medical marijuana dispensary off-site cultivation location will be secured, enclosed, and locked as required by law; and
(10) A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the medical marijuana dispensary or medical marijuana dispensary off-site cultivation location to the property boundary of the parcel containing any existing uses listed in subsection (E) of this section. If any of the uses are located within 50 feet of the minimum separation, the drawing, showing actual surveyed separations, shall be prepared by a registered land surveyor.
(C) A medical marijuana dispensary shall have operating hours not earlier than 9:00 a.m. and not later than 5:00 p.m.
(D) A medical marijuana dispensary or medical marijuana dispensary off-site cultivation location shall:
(1) Be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle;
(2) Not have drive-through service;
(3) Not emit dust, fumes, vapors or odors into the environment;
(4) Not provide off-site delivery of medical marijuana;
(5) Prohibit consumption of marijuana on the premises;
(6) Not have outdoor seating areas; and
(7) Display a current City of San Luis business license applicable to medical marijuana uses.
(E) A medical marijuana dispensary or medical marijuana dispensary off-site cultivation location shall meet the following minimum separations, measured in a straight line from the boundary of the parcel containing the medical marijuana dispensary or medical marijuana dispensary off-site cultivation location to the property boundary of the parcel containing any existing uses listed below:
(1) Two thousand (2,000) feet from any other medical marijuana dispensary or medical marijuana dispensary off-site cultivation location.
(2) Two thousand (2,000) feet from a residential substance abuse diagnostic and treatment facility or other residential drug or alcohol rehabilitation facility.
(3) One thousand (1,000) feet from a public, private, parochial, charter, dramatic, dancing, music, learning center, or other similar school or educational facility that caters to children.
(4) One thousand (1,000) feet from a child care center.
(5) One thousand (1,000) feet from a public library or public park.
(6) One thousand (1,000) feet from a church.
(F) A medical marijuana dispensary off-site cultivation location not associated with a medical marijuana dispensary is prohibited, and only one medical marijuana dispensary off-site cultivation location shall be permitted for the single medical marijuana dispensary with which it is associated.
(G) Marijuana establishments and dual licensees who operate both a nonprofit medical marijuana dispensary and marijuana establishment cooperatively in a shared location shall comply with all of the provisions of subsections (A) through (F) of this section and such provisions shall specifically apply to marijuana establishments and/or dual licensees as they do to medical marijuana dispensaries.
(H) Any cultivation by a marijuana establishment shall be in compliance with subsections (D) and (E) of this section. Any cultivation not associated with a marijuana establishment or with a medical marijuana dispensary is prohibited, and only one off-site cultivation location shall be permitted for each medical marijuana dispensary or marijuana establishment with which it is associated.
(I) Any cultivation, extraction, manufacturing, or processing by a marijuana establishment, medical marijuana dispensary, or dual licensee shall only occur in compliance with the regulations of all of the most current building and fire codes as adopted by Chapter 15.10 SLCC.
(J) To the fullest extent allowable by law, the operation of a marijuana testing facility is prohibited in the City. (Ord. 312 § 2(14.15), passed 4-11-2012; Ord. 404 § 2, passed 12-9-2020; Ord. 410 § 1, passed 2-10-2021. Code 2012 § 152.225.)