Discussion and possible action on any and all matters regarding Ordinance No. 409.  An Ordinance of the Mayor and City Council of the City of San Luis, Arizona, amending the San Luis City Code Section 133.04 regarding  Marijuana Establishments without a dual license with a Medical Marijuana Dispensary; repealing any conflicting provisions; providing for severability; and declaring an emergency.  (Kay Marion Macuil, City Attorney)

A.  Action on Reading of Ordinance No. 409 by title only
     (City Clerk to read the ordinance by title only)
B.  Action and adoption of Ordinance No. 409

Background
To adjust to the new law for recreational marijuana (referred to in the new laws as "responsible adult use") passed by the voters on November 3, 2020, by Proposition 207, on December 9, 2020, Council passed:

Ordinance No. 403, General Regulation and
Ordinance No. 404, Mirror Ordinance 403, but is part of the Zoning Code.
Under the city's ordinances 403 and 404, adult-use marijuana establishments must also be licensed medical marijuana establishments.

Because the Arizona Department of Health Services ("ADHS") did not issue medical marijuana licenses for San Luis yet, adult-use marijuana establishments would not be eligible to apply for licensing in San Luis during the window of opportunity between January 19 through March 9, 2021, for early applications.

The city has received requests to apply for adult-use marijuana establishments.  If the applicants are ineligible during the January 19 through March 9 application period, it is not known when the ADHS will open again to receive applications.  There is no timeline set up for it.  Cities must fill out a form for ADHS giving the following information:

 Whether the location of the proposed marijuana establishment complies with local zoning restrictions related to where a marijuana establishment may be located, subject to the requirements outlined in local zoning ordinances such as a use permit, variance, or other requirements necessary for the proposed marijuana establishment to open and operate at this location.

Adult Use Marijuana Establishments Stand Alone from Medical Marijuana Dispensaries
This ordinance and the companion Ordinance 410 on a separate agenda item for the zoning regulations amend ordinances 402 and 403 to allow adult-use marijuana establishments with the state licenses for adult-use marijuana without requiring a medical marijuana license.  The locations where either type of business are allowed remain the same. (Please see the attached map)

Immediately Effective
For this ordinance and the companion zoning ordinance to be in effect before ADHS's March 9, 2021 deadline, the ordinance would need to be passed by a vote of 6 Council Members with a declaration of emergency.  However, if it is passed without an emergency clause or with a simple majority of the quorum, staff would still be able to fill out the form and explain that the Ordinance will become law on March 12.