ORDINANCE NO. 1452

AN ORDINANCE OF THE COUNCIL OF THE CITY OF WINSLOW, ARIZONA, AMENDING the winslow MUNICIPAL CODE, title 17 zoning, chapter 17.40 C Commercial District, by amending Section 17.40.040 Permitted conditional uses AND Section 17.40.050 RECREATIONAL MARIJUANA, ALL RELATED TO zoning REQUIREMENTS for RECREATIONAL MARIJUANA facilities; PROVIDING FOR ZONING CONSIDERATIONS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES.

WHEREAS, Arizona law, including the Arizona Medical Marijuana Act and Proposition 207, the Smart and Safe Arizona Act, authorizes the state-licensed operation of marijuana dispensaries and marijuana establishments subject to state licensing, regulation, and operational requirements; and

WHEREAS, the City of Winslow previously adopted zoning regulations governing the location and operation of marijuana-related uses within the City in order to protect the public health, safety, and welfare; and

WHEREAS, since the adoption of those regulations, the legal and regulatory framework for medical marijuana dispensaries and recreational marijuana establishments has continued to evolve, and the City Council finds it necessary and appropriate to update the City Code to improve consistency with state law and clarify the standards applicable to such uses; and

WHEREAS, the City Council desires to amend Title 17, Chapter 17.40 of the Winslow City Code, including provisions related to permitted conditional uses and zoning restrictions for recreational marijuana facilities, in order to clarify applicable requirements and modify certain building, operational, and signage standards; and

WHEREAS, the proposed amendments are intended to allow appropriately regulated access for adult consumers and qualified patients while maintaining reasonable zoning, safety, and operational standards for marijuana-related uses within the City.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WINSLOW, ARIZONA as follows:

SECTION 1. In General.

The Winslow Municipal Code, Title 17, Zoning, Chapter 17.40 C Commercial District, Section 17.40.040 Permitted Conditional Uses, is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout):

17.40.040 Permitted Conditional Uses

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  1. Nonprofit medical marijuana dispensary, contingent on Arizona State licensure and subject to the following standard conditions and limitations:

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  1. Shall have a floor area not greater than the maximum gross square footage permitted by the current building code for a commercial structure having one (1) exterior door. THE FACILITY SHALL COMPLY WITH ALL APPLICABLE BUILDING, FIRE, AND LIFE-SAFETY CODE REQUIREMENTS, INCLUDING REQUIREMENTS RELATED TO FLOOR AREA, OCCUPANCY, OCCUPANT LOAD, INGRESS, EGRESS, AND EMERGENCY EXITS.

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  1. The door of the facility shall face a public street, without any visual obstruction between the door and the public street.
  2. k. Only a patient, designated caregiver, dispensary agent with a registry identification card, in accordance with A.R.S. § 36-2801(14), and a person under the age of eighteen (18) who is either a medical marijuana cardholder or is accompanied by a medical marijuana cardholder who is said person’s parent or legal guardian is permitted to be present on the premises of the dispensary, with the exception of delivery, maintenance, and construction personnel on a temporary basis as required for the safe and efficient operation of the facility.
  3. l. The premises of the dispensary shall be kept in a safe, neat and orderly manner.
  4. m. No alcoholic beverages shall be sold, served, or consumed on the premises.
  5. n. Marijuana shall not be used or consumed in any manner on the premises, nor shall open containers of marijuana and/or uncontained marijuana be permitted on the premises.
  6. o. Marijuana shall be provided to registered patients and designated caregivers only in containers that comply with applicable State of Arizona and/or federal standards.
  7. p. No person under the age of eighteen (18) shall be present on the premises unless said person is either a medical marijuana cardholder or is accompanied by a medical marijuana cardholder who is said person’s parent or legal guardian.
  8. q. Each dispensary shall display on a sign mounted on the exterior wall adjacent to the door of the facility, in a manner legible and visible to its clientele, notice that persons under the age of eighteen (18), except as noted in subsection (13)(l) of this section, or without a registry identification card are not allowed on the premises, and that consumption or use of medical marijuana on the premises is prohibited. EACH DISPENSARY SHALL POST ANY NOTICES OR WARNINGS REQUIRED BY APPLICABLE STATE LAW OR ARIZONA DEPARTMENT OF HEALTH SERVICES RULES AND REGULATIONS.
  9. r. In addition to signage required under subsection (13)(r) of this section, each dispensary shall be required to post and shall be limited to one (1) wall sign of no more than twelve (12) square feet in area, which shall contain a statement that the facility is a nonprofit medical marijuana dispensary authorized by the Arizona Medical Marijuana Act and administered under rules adopted by the Arizona Department of Health Services; and the telephone, Internet, and street address contact information of the Arizona Department of Health Services . EACH DISPENSARY SHALL COMPLY WITH THE CITY’S GENERALLY APPLICABLE SIGN CODE AND ALL APPLICABLE STATE LAW AND ARIZONA DEPARTMENT OF HEALTH SERVICES RULES AND REGULATIONS. DISPENSARY SIGNAGE SHALL BE REVIEWED, PERMITTED, AND REGULATED IN THE SAME MANNER AS SIGNAGE FOR OTHER RETAIL USES IN THE SAME ZONING DISTRICT. NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO REQUIRE SIGNAGE IN ADDITION TO SIGNAGE REQUIRED BY STATE LAW OR ARIZONA DEPARTMENT OF HEALTH SERVICES RULES AND REGULATIONS.
  10. No graphics or three (3) dimensional representations of any kind related to the medical marijuana use, including depictions of marijuana in any form or marijuana-related paraphernalia, may be placed on required signage or at any location on the building or subject property.
  11. s. Violation of any provision of this title is a Class 1 misdemeanor punishable by a fine or imprisonment, or both, pursuant to Arizona State law.

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The Winslow Municipal Code, Title 17, Zoning, Chapter 17.40 C Commercial District, Section 17.050 Recreational Marijuana, is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout):

17.40.050 Recreational Marijuana

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  1. Regulations.

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  1. Operations and Sales.
  2. Marijuana establishments permitted pursuant to this section shall be regulated in the same manner as nonprofit medical marijuana dispensaries as provided in Section 17.40.040(13). MARIJUANA ESTABLISHMENTS PERMITTED PURSUANT TO THIS SECTION SHALL COMPLY WITH THE OPERATIONAL STANDARDS APPLICABLE TO NONPROFIT MEDICAL MARIJUANA DISPENSARIES IN SECTION 17.40.040(13), EXCEPT TO THE EXTENT THOSE STANDARDS ARE SPECIFIC TO NONPROFIT MEDICAL MARIJUANA DISPENSARIES, QUALIFYING PATIENTS, DESIGNATED CAREGIVERS, MEDICAL MARIJUANA CARDHOLDERS, REGISTRY IDENTIFICATION CARDS, MEDICAL MARIJUANA DISPENSARY AGENTS, OR ARE OTHERWISE INCONSISTENT WITH STATE LAW GOVERNING ADULT-USE MARIJUANA ESTABLISHMENTS. FOR MARIJUANA ESTABLISHMENTS, SUCH STANDARDS SHALL BE CONSTRUED TO ALLOW ACCESS BY CONSUMERS WHO ARE AT LEAST TWENTY-ONE (21) YEARS OF AGE AND OTHERWISE PERMITTED TO PURCHASE MARIJUANA OR MARIJUANA PRODUCTS UNDER ARIZONA LAW. WITHOUT LIMITING THE FOREGOING, SUBSECTIONS 17.40.040(13)(K), (O), (P), (Q), AND (R) SHALL APPLY TO MARIJUANA ESTABLISHMENTS ONLY TO THE EXTENT THEY CAN BE APPLIED CONSISTENTLY WITH ADULT-USE MARIJUANA LAWS AND REGULATIONS, AND SHALL NOT BE CONSTRUED TO REQUIRE ADULT-USE CONSUMERS TO HOLD MEDICAL MARIJUANA REGISTRY IDENTIFICATION CARDS OR TO REQUIRE MARIJUANA ESTABLISHMENTS TO IDENTIFY THEMSELVES AS NONPROFIT MEDICAL MARIJUANA DISPENSARIES.

SECTION 2. Zoning Considerations.

In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws of the State of Arizona, the City Council has considered the individual property rights and personal liberties of the residents of the City and the probable impact of the proposed ordinance to the cost to construct housing for sale or rent before adopting this ordinance.

SECTION 3. Providing for Repeal of Conflicting Ordinances.

All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed.

SECTION 4. Providing for Severability.

If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.

SECTION 5. Providing for Penalties.

Pursuant to City Code Section 17.112.030, anyone violating any provision Title 17 shall be guilty of a Class 3 misdemeanor punishable by a fine or imprisonment or both. Conviction shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment. It is a separate offense for each and every day the violation is committed, continued or permitted. The owner, lessee, tenant and/or other person in possession of the property are all and equally responsible for the use violation(s). In addition, the City may bring civil proceeding in a court of competent jurisdiction to enforce compliance with this chapter including the prevention, restraining and/or abatement of the violation(s). In addition, any violation is declared to be a public nuisance and the City may enjoin or restrain said violation like any other nuisance under authority of any applicable City and State law.

PASSED AND ADOPTED by the Council of the City of Winslow, Arizona, this 14th day of July, 2026.

Roberta W. Cano, Mayor

ATTEST:

Suzy Wetzel, City Clerk

APPROVED AS TO FORM:

Trish Stuhan, City Attorney

9839-T7/22

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Topics: Winslow public notices