Ariz. Admin. Code § 9-17-307

Current through Register Vol. 30, No. 17, April 26, 2024

Section R9-17-307 - Applying to Change a Dispensary Registration Certificate

A. A dispensary shall submit a separate application to the Department for each request for one of the possible changes in R9-17-306(C).

B. To request any of the changes specified in R9-17-306(C), a dispensary shall submit to the Department:

1. The following information in a Department-provided format:

a. The legal name of the dispensary;

b. The registry identification number for the dispensary;

c. Whether the request is for:

i. A change of location for the dispensary,

ii. A change of location for the dispensary's cultivation site,

iii. An addition of a cultivation site, or

iv. A change in the activities conducted at a current location;

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, if applicable;

f. For a change of location or an addition of a cultivation site, the distance to the closest public school or private school from:

i. The proposed location for the dispensary, or

ii. The proposed location for the dispensary's cultivation site;

g. For a request to change activities conducted at a current location or include any of the following activities at a new location, whether the dispensary plans to:

i. Cultivate marijuana;

ii. Manufacture marijuana products;

iii. Prepare marijuana-infused edible food products; or

iv. Sell or dispense marijuana-infused edible food products that are either:

(1) A time/temperature control for safety food, or

(2) Not prepared in individually packaged containers;

h. The name of the entity applying;

i. If applicable, the anticipated date of the change of location or activities;

j. Whether the proposed dispensary, the dispensary's proposed cultivation site, or the location of the change in activities is ready for an inspection by the Department;

k. If the proposed dispensary, the dispensary's proposed cultivation site, or the location of the change in activities is not ready for an inspection by the Department, the date the dispensary, the dispensary's proposed cultivation site, or the location of the change in activities will be ready for an inspection by the Department;

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

m. The signature of each principal officer and each board member of the dispensary according to R9-17-301 and the date signed;

2. A copy of documentation issued by the local jurisdiction to the dispensary authorizing occupancy of the proposed building as a dispensary or location as the dispensary's cultivation site for the activities to be conducted at the location, such as a certificate of occupancy, a special use permit, or a conditional use permit;

3. A copy of the dispensary's license or permit of the location as a food establishment, issued under 9 A.A.C. 8, Article 1, if the dispensary plans to:

a. Prepare marijuana-infused edible food products, as specified in subsection (B)(1)(g)(iii); or

b. Sell or dispense marijuana-infused edible food products, as specified in subsection (B)(1)(g)(iv);

4. A copy of documentation, in a Department-provided format, of:

a. Ownership of the physical address of the proposed dispensary, proposed cultivation site, or location for the change in activities, signed and dated within 60 calendar days before the date of the request; or

b. Permission from the owner of the physical address of the proposed dispensary, proposed cultivation site, or location for the change in activities, for the dispensary to operate a dispensary or conduct the specified activities at the physical address, signed, notarized, and dated within 60 calendar days before the date of the request;

5. For a change in location of the dispensary, including when any of the activities specified according to subsection (B)(1)(g) is to be conducted at the new location:

a. A site plan drawn to scale of the proposed dispensary location showing streets, property lines of the contiguous premises, buildings, 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. If applicable, location of each piece of fixed equipment required to conduct the activity;

v. Location of each toilet room;

vi. Means of egress;

vii. Location of each video camera;

viii. Location of each panic button; and

ix. Location of natural and artificial lighting sources;

6. For a change in location of the dispensary's cultivation site or for adding a cultivation site, including when any of the activities specified according to subsection (B)(1)(g) is to be conducted at the new or added cultivation site:

a. A site plan drawn to scale of the dispensary's proposed cultivation site showing streets, property lines of the contiguous premises, 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 cultivation 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. If applicable, location of each piece of fixed equipment required to conduct the activity;

v. Location of each toilet room;

vi. Means of egress;

vii. Location of each video camera;

viii. Location of each panic button; and

ix. Location of natural and artificial lighting sources;

7. For changing an activity conducted at a current location, a floor plan drawn to scale of the building where the activity will occur showing the:

a. Layout and dimensions of each room,

b. Name and function of each room,

c. Location of each hand washing sink,

d. Location of each piece of fixed equipment required to conduct the activity,

e. Means of egress,

f. Location of each video camera,

g. Location of each panic button, and

h. Location of natural and artificial lighting sources; and

8. The applicable fee in R9-17-102 for applying for a change in location or the addition of a cultivation site, or to change activities conducted at a current location or add activities at a new location.

C. 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 or the new activities and retains the expiration date of the previously issued dispensary registration certificate.

D. 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 dispensary registration certificate. The Department shall process each application separately according to the applicable time-frame established in R9-17-107.

E. A dispensary shall submit written notification to the Department when the dispensary no longer uses a previously approved cultivation site.

Ariz. Admin. Code § R9-17-307

New Section made by exempt rulemaking at 17 A.A.R. 734, effective April 14, 2011 (Supp. 11-2). Amended by final exempt rulemaking at 27 A.A.R. 111, effective 1/15/2021. Amended by final expedited rulemaking at 28 A.A.R. 2562, effective 9/8/2022. Amended by final rulemaking at 29 A.A.R. 2396, effective 10/1/2023.