Ariz. Admin. Code § 9-18-306

Current through Register Vol. 30, No. 50, December 13, 2024

Section R9-18-306 - Applying to Change a Marijuana Establishment License

A. A marijuana establishment may submit an application to the Department according to subsections (B) and (C) to request any of the following:

1. To change the location of the marijuana establishment's retail site, manufacturing site, or cultivation site;

2. To add a manufacturing site or cultivation site; or

3. To change what the marijuana establishment is approved to do at the retail site, cultivation site, or manufacturing site.

B. A marijuana establishment shall submit a separate application to the Department for each request for one of the possible changes in subsection (A).

C. To request any of the changes specified in subsection (A), a marijuana establishment shall submit to the Department:

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

a. The legal name of the marijuana establishment;

b. The marijuana establishment license number for the marijuana establishment;

c. Whether the request is for a change in the location of the marijuana establishment's:

i. Retail site,

ii. Cultivation site, or

iii. Manufacturing site;

d. As applicable, the anticipated date of the change of location;

e. Whether the marijuana establishment is requesting to add a:

i. Cultivation site and, if so, the physical address of the proposed cultivation site; or

ii. Manufacturing site and, if so, the physical address of the proposed manufacturing site;

f. The current physical address of the marijuana establishment's retail site, cultivation site, or manufacturing site, as applicable to the request;

g. Whether the marijuana establishment's proposed retail site or the marijuana establishment's proposed cultivation site or manufacturing site, as applicable, is ready for an inspection by the Department;

h. If the marijuana establishment's proposed retail site or the marijuana establishment's proposed cultivation site or manufacturing site, as applicable, is not ready for an inspection by the Department, the date the marijuana establishment's retail site or the marijuana establishment's proposed cultivation site or manufacturing site will be ready for an inspection by the Department;

i. Whether the marijuana establishment is requesting approval for a change in any of the following activities at a current location or include any of the following activities at a new location and, if so, whether the activity is planned to occur at the retail site, or cultivation site:

i. On-site cultivation;

ii. Manufacturing of marijuana products on-site;

iii. Preparation of marijuana-infused edible food products; or

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

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

(2) Not prepared in individually packaged containers;

j. Whether the marijuana establishment is requesting approval for a change in any of the following activities at the current location of the manufacturing site or include any of the following activities at a new location of a manufacturing site:

i. Packaging and storing marijuana or marijuana products,

ii. Manufacturing of marijuana products on-site, or

iii. Preparation of marijuana-infused edible food products;

k. If applicable, the anticipated date of the change of activities;

l. An attestation that the information provided to the Department as part of the application is true and correct; and

m. The signatures 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, as applicable, of the building as a marijuana establishment's proposed retail site or of the location as the marijuana establishment's proposed cultivation site or manufacturing site, such as a certificate of occupancy, a special use permit, or a conditional use permit;

3. If requesting to change the location of a marijuana establishment's retail site, cultivation site, or manufacturing site, or when requesting to add a cultivation site or manufacturing site, documentation, in a Department-provided format, of:

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

b. Permission from the owner of the physical address of the proposed location for the marijuana establishment to operate a retail site, cultivation site, or manufacturing site, as applicable, at the physical address, signed, notarized, and dated within 60 calendar days before the days of application;

4. For a change in location of the marijuana establishment's retail site, cultivation site, or manufacturing site, including when any of the activities specified according to subsection (C)(1)(i) or (j) is to be conducted at the new location:

a. A site plan drawn to scale of the proposed marijuana establishment 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 of the proposed retail site, cultivation site, or manufacturing site, as applicable, 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, as applicable;

5. 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;

6. 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 (C)(1)(i)(iii) or (C)(1)(j)(iii); or

b. Sell marijuana-infused edible food products, as specified in subsection (C)(1)(i)(iv); and

7. The applicable fee in R9-18-102 for applying for:

a. A change in location,

b. The addition of a cultivation site or manufacturing site, or

c. A change in approved activities at a location.

D. If the information and documents submitted by the marijuana establishment comply with A.R.S. Title 36, Chapter 28.2, and this Chapter, the Department shall issue an amended marijuana establishment license that includes the new address of the new location or amended approved activities, as applicable, and retains the expiration date of the previous marijuana establishment license.

E. An application to request any of the possible changes in subsection (A) may not be combined with an application for renewing a marijuana establishment license. A separate application is required for each change, and the Department shall process each application separately according to the applicable time-frame established in R9-18-103 and Table 1.1.

F. A marijuana establishment shall submit written notification to the Department when the marijuana establishment no longer uses a previously approved cultivation site or manufacturing site.

Ariz. Admin. Code § R9-18-306

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 28 A.A.R. 2481, effective 9/8/2022. Amended by exempt rulemaking at 29 A.A.R. 2453, effective 10/1/2023.