Section R9-17-307. Applying to Change a Dispensary’s Location or Change or Add a Dispensary’s Cultivation Site

A.      To change the location of a dispensary or the dispensary’s cul- tivation site or to add a cultivation site, the dispensary shall submit an application to the Department that includes:

1.        The following information in a Department-provided for- mat:

a.        The legal name of the dispensary;

b.        The registry identification number for the dispen- sary;

c.        Whether the request is for:

i.         A change of location for the dispensary,

ii.        A change of location for the dispensary’s culti- vation site, or

iii.      An addition of a cultivation site;

d.        The current physical address of the dispensary or the dispensary’s cultivation site;

e.        The physical address of the proposed location for the dispensary or the dispensary’s cultivation site;

f.         The distance to the closest public or private school from:

i.         The proposed location for the dispensary, or

ii.        The proposed location for the dispensary’s cul- tivation site;

g.        The name of the entity applying;

h.        If applicable, the anticipated date of the change of location;

i.         Whether the proposed dispensary or the dispensary’s proposed cultivation site is ready for an inspection by the Department;

j.         If the proposed dispensary or the dispensary’s pro- posed cultivation site is not ready for an inspection by the Department, the date the dispensary or the dispensary’s cultivation site will be ready for an inspection by the Department;

k.        An attestation that the information provided to the Department to apply for a change in location is true and correct; and

l.         The signature of the individual or individuals in R9- 17-301(A) and the date the individual or individuals signed;

2.        A copy of documentation issued by the local jurisdiction to the dispensary authorizing occupancy of the proposed building as a dispensary or the dispensary’s cultivation site such as a certificate of occupancy, a special use per- mit, or a conditional use permit;

3.        A sworn statement signed by the individual or individuals in R9-17-301(A) certifying that the building where the proposed dispensary or the dispensary’s proposed cultiva- tion site will be located is in compliance with local zon- ing restrictions;

4.        If the change in location is for the dispensary:

a.        A site plan drawn to scale of the proposed dispen- sary location showing streets, property lines, build-

ings, parking areas, outdoor areas if applicable, fences, security features, fire hydrants if applicable, and access to water mains; and

b.        A floor plan drawn to scale of the building where the proposed dispensary is located showing the:

i.         Layout and dimensions of each room,

ii.        Name and function of each room,

iii.      Location of each hand washing sink,

iv.      Location of each toilet room,

v.        Means of egress,

vi.      Location of each video camera,

vii.     Location of each panic button, and

viii.   Location    of   natural    and   artificial    lighting sources;

5.        If the change in location is for the dispensary’s cultivation site or if adding a cultivation site:

a.        A site plan drawn to scale of the dispensary’s pro- posed cultivation site showing streets, property lines, buildings, parking areas, outdoor areas if applicable, fences, security features, fire hydrants if applicable, and access to water mains; and

b.        If applicable, a floor plan drawn to scale of each building used by the dispensary’s proposed cultiva- tion site showing the:

i.         Layout and dimensions of each room,

ii.        Name and function of each room,

iii.      Location of each hand washing sink,

iv.      Location of each toilet room,

v.        Means of egress,

vi.      Location of each video camera,

vii.     Location of each panic button, and

viii.   Location    of   natural    and   artificial    lighting sources; and

6.        The  applicable  fee  in  R9-17-102  for  applying   for  a change in location or adding a cultivation site.

B.       If the information and documents submitted by the dispensary comply with A.R.S. Title 36, Chapter 28.1 and this Chapter, the Department shall issue an amended dispensary registration certificate that includes the new address of the new location and retains the expiration date of the previously issued dispen- sary registration certificate.

C.      An application for a change in location of a dispensary or a dispensary’s cultivation site or the addition of a cultivation site may not be combined with an application for renewing a dis- pensary registration certificate. The Department shall process each application separately according to the applicable time- frame established in R9-17-107.

D.      A dispensary shall submit written notification to the Depart- ment when the dispensary no longer uses a previously approved cultivation site.

Historical Note

New Section made by exempt rulemaking at 17 A.A.R.

734, effective April 14, 2011 (Supp. 11-2).