Ariz. Admin. Code § 9-18-304

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-18-304 - Applying for Approval to Operate a Marijuana Establishment

A. To apply for approval to operate a marijuana establishment, a principal officer or board member of the entity holding a marijuana establishment license shall electronically submit to the Department, within 18 months after the marijuana establishment license was issued:

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

a. The name and license number of the marijuana establishment;

b. The physical address of the marijuana establishment's retail site;

c. The county in which the marijuana establishment's retail site is located;

d. The marijuana establishment's Transaction Privilege Tax Number issued by the Arizona Department of Revenue;

e. The marijuana establishment's proposed hours of operation;

f. Which of the following activities the marijuana establishment plans to provide at the retail site:

i. Cultivate marijuana;

ii. Manufacture marijuana products;

iii. Prepare marijuana-infused edible food products; or

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

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

(2) Not prepared in individually packaged containers;

g. Whether the marijuana establishment agrees to allow the Department to submit supplemental requests for information;

h. Whether the marijuana establishment's retail site is ready for an inspection by the Department;

i. If the marijuana establishment's retail site is not ready for an inspection by the Department, the date the marijuana establishment's retail site will be ready for an inspection by the Department;

j. An attestation that the information provided to the Department to apply for approval to operate a marijuana establishment is true and correct; and

k. The signature of each principal officer and each board member of the marijuana establishment according to R9-18-301 and the date signed;

2. A copy of documentation issued by the local jurisdiction to the marijuana establishment authorizing occupancy of the building as a marijuana establishment's retail site, such as a certificate of occupancy, a special use permit, or a conditional use permit;

3. Documentation, in a Department-provided format, of:

a. Ownership of the physical address of the marijuana establishment's retail location, signed and dated within 60 calendar days before the date of application; or

b. Permission from the owner of the physical address of the marijuana establishment's retail location for the applicant to operate a marijuana establishment at the physical address, signed, notarized, and dated within 60 calendar days before the date of application;

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

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

b. Sell marijuana-infused edible food products, as specified in subsection (A)(1)(f)(iv);

5. A site plan drawn to scale of the marijuana establishment's retail 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;

6. A floor plan drawn to scale of the building where the marijuana establishment's retail site is located showing the:

a. Layout and dimensions of each room,

b. Name and function of each room,

c. Location of each hand washing sink,

d. If planning to conduct any of the activities specified according to subsection (A)(1)(f), location of each piece of fixed equipment required to conduct the activity;

e. Location of each toilet room,

f. Means of egress,

g. Location of each video camera,

h. Location of each panic button, and

i. Location of natural and artificial lighting sources;

7. Documentation of the marijuana facility agent license for each principal officer and each board member according to R9-18-301; and

8. The applicable fee in R9-18-102 for applying for an approval to operate.

B. The Department shall process, as provided in R9-18-103, a request submitted according to subsection (A) for approval to operate a marijuana establishment.

Ariz. Admin. Code § R9-18-304

Adopted by final exempt rulemaking at 27 A.A.R. 111, effective 1/15/2021. Amended by exempt rulemaking at 27 A.A.R. 696, effective 5/1/2021. Amended by exempt rulemaking at 27 A.A.R. 897, effective 6/1/2021. Amended by exempt rulemaking at 28 A.A.R. 2481, effective 9/8/2022. Amended by exempt rulemaking at 29 A.A.R. 2453, effective 10/1/2023.