HomeMy WebLinkAbout2020 11.17 City Council Regular Agenda City of Apache Junction, Arizona Meeting location:
City Council Chambers
1U Z at City Hall
Agenda 300 E.Superstition Blvd
\gilONr Apache Junction,AZ
City Council Meeting 85119
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday, November 17,2020 7:00 PM City Council Chambers
A. CALL TO ORDER
B. INVOCATION AND PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. CONSENT AGENDA
The council may, at this time, take single action on any or all items listed as consent agenda items.
These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments,
acceptance of resignations and adoption of certain resolutions and other items which do not require a
public hearing. The consent agenda is a timesaving device of which the mayor and city council is to
receive documentation on these items from the city manager for their review prior to the meeting. Any
member of the council may remove any item from the consent agenda for discussion and cause a
separate vote on the matter later in the agenda.
1. 20-598 Consideration of acceptance of agenda.
Sponsors: Jennifer Pena
2. 20-599 Consideration of approval of minutes of the regular meeting of
November 3, 2020.
Sponsors: Jennifer Pena
Attachments: Minutes
3. 20-637 Consideration for approval of Resolution No. 20-40, a resolution of the
Mayor and City Council of the City of Apache Junction, Pinal and
Maricopa Counties, Arizona, declaring and adopting the results of the
general election held on November 3, 2020.
Sponsors: Jennifer Pena
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City Council Meeting Agenda November 17,2020
4. 20-605 Consideration of approval of proposed Resolution No. 20-39, a final
plat approval for case SD-1-18, a request by Superstition Vista
Development, LLC, represented by Dan Kauffman, for a 256 lot
residential subdivision named Superstition Vista, located near the
southeast corner of Baseline Avenue and Cortez Road.
Sponsors: Kelsey Schattnik
Attachments: SD-1-18 CC- Final Plat Memo
1. Final Plat-Resolution No.20-39(draft)
2. Ordinance No. 1468
3. Resolution No. 18-43
4. Superstition Vista Final Plat
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
Awards,presentations from other organizations,proclamations issued by the mayor, and
acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or
donated funds are permitted at this time.
5. 20-557 Presentation of proclamation designating Saturday, November 28,
2020 as "Small Business Saturday". The Chamber of Commerce will
accept the proclamation.
Sponsors: Janine Solley
Attachments: 2020 Modified Small Business Saturday
6. 20-580 Presentation of proclamation designating November 2020 as National
American Indian Heritage Month. Daughters of the American
Revolution will accept the proclamation.
Attachments: National American Indian Heritage Month
F. ANNOUNCEMENT OF CURRENT EVENTS
The mayor or any member of council may at this time present a brief summary of current events.
However, no discussion shall take place on such items except for clarifying comments related to
substance, time and location.
7. 20-600 Announcement of current events from mayor and councilmembers.
Sponsors: Jeff Serdy
G. CITY MANAGER'S REPORT
The city manager, members of city staff or those individuals designated by the manager may present
information pertinent to items under consideration or information related to the operation of the city. There
shall however be no discussion at this time except for clarification inquiries.
8. 20-601 City Manager's Report.
Sponsors: Bryant Powell
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9. 20-558 Presentation and discussion with Denise Hart, CEO/President of the
Apache Junction Chamber of Commerce, on the operation of the local
visitor information center.
H. PUBLIC HEARINGS
Public hearings required by applicable law shall be conducted by the council and any person shall be
given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any
member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by
the mayor. This time limitation shall not apply to applicants and their agents appearing before the council.
I. OLD BUSINESS
The council shall consider any business that has been previously considered and which is still unfinished
to include those items previously postponed or tabled. No member of the public shall be permitted to
speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
10. 20-573 Presentation and discussion on the Planning and Zoning
Commission's recommendation on amending cargo container
regulations in the city's zoning code.
Sponsors: Larry Kirch
Attachments: P&Z Recommendation on Cargo Containers.pptx
J. NEW BUSINESS
The council shall consider any business not yet considered. No member of the public shall be permitted
to speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
11. 20-546 Presentation, discussion and consideration on the extinguishment of a
federally patent easement located at Smoketree Street from
Tomahawk Road to Vista Road for the purpose of alleviating setbacks
so that Filly's Roadhouse can rebuild/repair the duplex which was
destroyed in a fire.
Sponsors. Raquel Schatz
Attachments: Res 20-33 Council Memo 20201015
Res 20-33 Resolution Combined
20-XXX Extinguishment 20201015
K. COUNCIL DIRECTION TO STAFF
This item allows the mayor and city council to direct staff on specifically listed matters.
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12. 20-607 Presentation, discussion and direction to staff on the creation of a draft
ordinance relating to the regulation of recreational marijuana using the
model ordinance language provided by League of Arizona Cities and
Towns.
Sponsors: Rudy Esquivias
Attachments: Memo on Recreational Marijuana-dir to staff
Dir to Staff Recreational Marijuana
League Model Ordinance-Recreational Marijuana FINAL 9.29.
13. 20-611 Discussion and direction to staff on resignation of Planning and Zoning
Commissioner Shirley Ooley and the process to fill the vacant position.
Sponsors: Larry Kirch
Attachments: Memorandum for City Council-resignation and appointment prc
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
14. 20-602 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for
Monday, November 30 and Tuesday December 1, 2020 be held in the
city council conference room and city council chambers located at 300
E. Superstition Boulevard, Apache Junction, Arizona, respectively; and
other meetings if necessary.
Sponsors: Bryant Powell
M. CALL TO PUBLIC
At this time the public has the privilege to address the council with requests, communications, comments
or suggestions relating to city business.All speakers must have already submitted a written "Request to
Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the
agenda. If there is a group speaking on the same item, they should select a spokesperson.All such
remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is
authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone
becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not
within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to
act. The council may not answer questions of the speaker, discuss the matter with one another, but may,
at the conclusion: 1)respond to criticism by a speaker,-2)ask the city manager to review a matter,-3)
ask the city manager to place the matter on a future agenda. Each speaker must approach the podium,
speak into the microphone,provide their name and address. There is a three (3)minute time limit per
speaker.
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City Council Meeting Agenda November 17,2020
N. ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through
Thursday from 7:00a-6:00p, excluding holidays.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617
or TDD(480) 983-0095.
The Apache Junction City Council may vote to go into Executive Session for legal advice on any item
listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. §
38-431.02 to the members of the City Council and the public.
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Agenda Item No. 1.
PizoNr File ID: 20-598
Sponsor: Jennifer Pena Agenda Date: 11/17/2020
Index: In Control: City Council Meeting
Consideration of acceptance of agenda.
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Boulevard
01 Agenda Item Cover Sheet Apache Junction,AZ
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Agenda Item No.2.
PizoNr File ID: 20-599
Sponsor: Jennifer Pena Agenda Date: 11/17/2020
Index: In Control: City Council Meeting
Consideration of approval of minutes of the regular meeting of November 3, 2020.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
City of Apache Junction, Arizona Meeting location:
01 City Council Chambers
Meeting Minutes at City Hall
300 E.Superstition Blvd
12�pr CityCouncil Meeting Apache Junction,AZ
g 85119
www.ajcity.net
Ph:(480)982-8002
Tuesday, November 3,2020 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Serdy called the council meeting to order at 7:00 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Wilson gave the invocation and Councilmember Schroeder led the meeting attendees
in the Pledge of Allegiance.
C. ROLL CALL
Present: 7- Mayor Serdy
Vice Mayor Wilson
Councilmember Barker
Councilmember Evans
Councilmember Rizzi
Councilmember Schroeder
Councilmember Struble
Staff in Attendance:
Bryant Powell, City Manager
Matt Busby, Assistant City Manager
Joel Stern, City Attorney
Jennifer Pena, City Clerk
Al Bravo, Public Information Officer
Thomas Kelly, Chief of Police
Troy Mullender, Police Commander
Kent Fowler, Police Officer
Liz Riley, Human Resources Director
Heather Hodgman, Administrative Services Manager
Dana Martin, Tax Auditor
Kelly Martin, Park Ranger Supervisor
Riley King, Parks & Recreation Management Analyst
Jill Bright, Deputy City Clerk(remotely)
D. CONSENT AGENDA
Councilmember Barker moved,seconded by Councilmember Schroeder to accept the consent
agenda,to approve the minutes of October 20,2020 and to approve Resolution No.20-37
authorizing the city to enter into an intergovernmental agreement with Ak-Chin Indian
Community for grant funding in the amount of$60,571.97 for the purchase of ten (10)hand held
radios from Motorola Solution.
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City Council Meeting Meeting Minutes November 3,2020
1. 20-544 Consideration of acceptance of agenda.
2. 20-543 Consideration of approval of minutes of the regular meeting of October 20,
2020.
3. 20-535 Consideration of approval on proposed Resolution No. 20-37 authorizing the
city to enter into an intergovernmental agreement with Ak-Chin Indian
Community for grant funding in the amount of$60,571.97 for the purchase of
ten (10) hand held radios from Motorola Solution.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
4. 20-483 Presentation of 35-year Service Award to Troy Mullender of the Police
Department.
Chief Thomas Kelly shared stories of Commander Mullender over the last 35 years.
City Manager Bryant Powell thanked Commander Troy Mullender for his 35 years of service to
the city and presented him a service award.
Commander Mullender shared that it has been his privilege to serve the City of Apache Junction
and introduced and thanked his family for all their support and sacrifices which enabled him to
work different shifts over the years. It would have been much harder without the support of his
family.
F. ANNOUNCEMENT OF CURRENT EVENTS
5. 20-542 Announcement of current events from mayor and councilmembers.
Councilmember Struble shared that the deadline for graduating students who received gift cards
is December 31 st and encouraged graduates to use them. The 3rd annual prayer walk is
January 9th. Project Showers is happening again this Sunday at the Salvation Army. AJ Open
Mic Night is this Friday night at Table of Grace Church. The last audition for Kids Idol is this
Thursday night at 6:00pm.
Councilmember Evans shared that this Saturday is the extension of the AJ Community
Development Corporation's median improvement project and they are looking for volunteers to
help.
Vice Mayor Wilson thanked all those who have voted and is proud to be apart of this country.
Mayor Serdy commended the Police Department for seizing a large amount of drugs during a
routine traffic stop and keeping them off the street. He encouraged the community to be
respectful of the election results.
G. CITY MANAGER'S REPORT
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City Council Meeting Meeting Minutes November 3,2020
6. 20-541 City Manager's Report.
City Manager Bryant Powell shared that the Halloween Boo-Thru event was a huge success
with over 20 businesses and over 800 children participating. Mr. Powell thanked the Police
Department for getting a large amount of drugs off the street during a routine traffic stop. He
reminded the community about the free local COVID testing that is being offered.
H. PUBLIC HEARINGS
I. OLD BUSINESS
J. NEW BUSINESS
7. 20-554 Presentation, discussion and consideration of approval of entering into an
agreement with Interstate Mechanical Corporation to perform heating,
ventilation and air conditioning services and repair to city building facilities for
a period of five (5)years with the option to renew for an additional five (5)
years.
Councilmember Barker moved,seconded by Vice Mayor Wilson that the agreement with
Interstate Mechanical Corporation for heating,ventilation and air conditioning services and
repairs for city building facilities for a period of 5 years with the option to renew for an additional
5 years, in the amount of$62,288.00 annually, be approved.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
Administrative Services Manager Heather Hodgman reported that the city received 6 proposals
from vendors for HVAC maintenance, services and repairs for approximately 168 units through
the city's 11 municipal building facilities. Ms. Hodgman summarized the analysis conducted on
all bids received and explained that scoring is independent of price quoted and in response to a
question from Councilmember Schroeder stated that the city currently did not have a service
contract on the units.
8. 20-556 Presentation, discussion and consideration of approval of entering into an
agreement with Goodmans, Inc., dba Goodmans Interior Structures to install
seven (7) new workstations, seven (7) chairs, meeting area, storage/filing
cabinets, counter space for printers and radio charging station and up fitting
the supervisors office in the 911-dispatch center in the amount not to exceed
$88,138.85.
Vice Mayor Wilson moved,seconded by Councilmember Rizzi that the agreement with
Goodmans Interior Structures for installation of new work stations and other office furniture
required for the 911 Dispatch Center in the amount of$88,138.85 plus a 10%contingency amount
of$8,813.89 for a total not to exceed$96,952.74 be approved.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
Administrative Services Manager Heather Hodgman reported that the city's 911 dispatch center
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City Council Meeting Meeting Minutes November 3,2020
will be undergoing renovations this fiscal year which includes new workstations for the
telecommunications staff and supervisor. The staff will receive 7 workstations with height
adjustable tables, 8 chairs, 1 meeting area with a mobile table, storage/filing cabinets, counter
space for printers and a radio charging station. The supervisor's office will receive an adjustable
height table, desk, 2 guest chairs, a table and a storage tower. Ms. Hodgman shared pictures of
what the work stations will look like.
Councilmember Barker asked where this money is coming from. Ms. Hodgman replied that it
was budgeted for out of general fund.
Councilmember Struble asked if the remodel will allow for future staff growth. Chief Kelly replied
that for now it will allow for 3 more staff members.
9. 20-560 Presentation, discussion and consideration of approval of entering into an
agreement with CORE Construction Corporation for the remodel of the Police
Department 911 dispatch center to include but not limited to the demolition;
new enclosure; interior finishes; window coverings; signage; fire sprinkler
systems; plumbing systems; mechanical controls; mechanical systems;
electrical systems; fire alarm; structural cabling and security/access control.
Two alternative options to the remodel is to replace the existing concrete patio
and replace it with new sloped concrete with a drain and/or restroom
renovation per ADA requirements. Staff recommends entering into an
agreement with CORE Construction Corporation for the remodel of the Police
Department 911-dispatch center in the amount not to exceed $428,794.
Councilmember Barker moved,seconded by Vice Mayor Wilson that the agreement with CORE
Construction Corporation for the remodel of the Police Department 911 dispatch center in the
amount not to exceed$428,794.00 be approved.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
Administrative Services Manager Heather Hodgman reported again that the police department's
911 dispatch center will be going under a remodel this year and she described the scope of
work to be completed. The remodel is anticipated to begin in early December 2020 and to be
completed by March 2021.
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
10. 20-540 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday,
November 16 and Tuesday November 17, 2020 be held in the city council
conference room and city council chambers located at 300 E. Superstition
Boulevard, Apache Junction, Arizona, respectively; and other meetings if
necessary.
Councilmember Barker moved,seconded by Councilmember Evans that an Executive Session at
6:00 P.M.and Work Session at 7:00 P.M.for Monday, November 16,2020 and that an Executive
Session at 6:00 P.M.and Work Session at 7:00 P.M.for Tuesday, November 17,2020 be held in the
city council conference room and city council chambers located at 300 E.Superstition Boulevard,
City of Apache Junction,Arizona Page 4
City Council Meeting Meeting Minutes November 3,2020
Apache Junction,Arizona, respectively; and other meetings if necessary.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
M. CALL TO PUBLIC
N. ADJOURNMENT
Mayor Serdy adjourned the council meeting at 7:45 pm.
ACCEPTED THIS DAY OF 120207 BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF 12020.
JEFF SERDY
Mayor
ATTEST:
JENNIFER PENA
City Clerk
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
regular meeting of the City Council of the City of Apache Junction, Arizona, held on the
day of , 2020. 1 further certify that the meeting was duly
called and held and that a quorum was present.
Dated this day of 2020.
JENNIFER PENA
City Clerk
City of Apache Junction,Arizona Page 5
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Agenda Item No. 3.
PizoNr File ID: 20-637
Sponsor: Jennifer Pena Agenda Date: 11/17/2020
Index: In Control: City Council Meeting
Consideration for approval of Resolution No. 20-40, a resolution of the Mayor and City Council
of the City of Apache Junction, Pinal and Maricopa Counties, Arizona, declaring and adopting
the results of the general election held on November 3, 2020.
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85119
Agenda Item No.4.
'+PizoN* File ID: 20-605
Sponsor: Kelsey Schattnik Agenda Date: 11/17/2020
Index: In Control: City Council Meeting
Consideration of approval of proposed Resolution No. 20-39, a final plat approval for case
SD-1-18, a request by Superstition Vista Development, LLC, represented by Dan Kauffman, for
a 256 lot residential subdivision named Superstition Vista, located near the southeast corner of
Baseline Avenue and Cortez Road.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
O� PPACHf✓G��
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z City of Apache Junction
R/ZONP'� Development Services Department
'9
Date: November 17, 2020
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Larry Kirch, Development Services Director
From: Kelsey Schattnik, Planner
Subject: City Council Consent Agenda Item:
SD-1-18 (Resolution No. 20-39) Superstition Vista
Final Plat Request
Summary
Attached please find a copy of the proposed final plat for the
"Superstition Vista" subdivision, a RS-5/PD-zoned, 256-lot,
conventional single family home subdivision located near the
southeast corner of Baseline Avenue and Cortez Road.
Staff has reviewed the final plat and improvement plans for
substantial compliance with the approved RS-5/PD concept plan
approved by Ordinance No. 1468 and the preliminary plat approved
by Resolution No. 18-43 .
Overall, the final plat represents the preliminary plat. Outside
agencies have also reviewed the plat and all major issues have
been addressed. Planning Staff recommends conditional approval
of the final plat, subject to the last-detail-related items
listed in the attached resolution.
Upon approval of the final plat, the ownership of Superstition
Vista will be changed over to Hillstone Homes .
Attached:
1. Draft Resolution No. 20-39
2. Council Approved Ordinance No. 1468 for Superstition Vista
3. Council Approved Resolution No. 18-43 for Superstition Vista
4. Conditioned Final Plat for Superstition Vista
Planning&Zoning—Building&Safety—Revenue Development
300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010
RESOLUTION NO. 20-39
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL
SUBDIVISION PLAT FOR "SUPERSTITION VISTA", IN CASE SD-
1-18, BY SUPERSTITION VISTA DEVELOPMENT, LLC,
REPRESENTED BY DAN KAUFFMAN.
WHEREAS, the subdivider in Case SD-1-18 proposes to plat a
subdivision for 256 detached single-family homes under the name
"Superstition Vista", pursuant to Arizona Revised Statutes
("A.R. S . ") Title 9, Chapter 4, Article 6 . 2; and pursuant to
Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use
Regulations, Tables 1-5-1 and 1-5-2; and Article 1-4 : Zoning
Districts, Section 1-4-3 Planned Development ("PD") Overlay
District; and Chapter 2 : Subdivision and Minor Land Division
Regulations; as well as rezoning Ordinance No. 1468; and
WHEREAS, the property is legally described as follows :
The Southwest quarter of the Northeast quarter of Section
3, Township 1 South, Range 8 East of the Gila and Salt
River Base and Meridian, Pinal County, Arizona (also known
as Pinal County Assessor parcels 104-07-001B, 001C and
OO1D) ; and
WHEREAS, Superstition Vista will be the city' s first
residential development south of Baseline Avenue and will
include opportunities for connectivity to and encouragement of
future residential and other types of development in surrounding
areas; and
WHEREAS, on November 27, 2018, the Apache Junction planning
and zoning commission voted 6 : 0 to recommend approval of
rezoning case PZ-3-18, subject to the submitted conceptual PD
plans; and
WHEREAS, on December 18, 2018, the mayor and city council
unanimously passed and adopted PD rezoning case PZ-3-18,
Ordinance No . 1468, approving the RS-5/PD zoning and PD concept
plan for the above-noted 40 gross-acre property, upon a
recommendation for approval with conditions from the planning
and zoning commission; and
WHEREAS, on December 18, 2018, the mayor and city council
passed and adopted the preliminary plat for "Superstition
RESOLUTION NO. 20-39
PAGE 1 OF 3
Vista", case SD-1-18, Resolution No . 18-43, upon a
recommendation of approval with conditions from the planning and
zoning commission; and
WHEREAS, the mayor and council now finds the final plat for
"Superstition Vista" to be in substantial compliance with A.R. S .
Title 9, Chapter 4, Article 6 . 2, and Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning Ordinance,
Article 1-5 : Zoning Bulk and Use Regulations, Tables 1-5-1 and
1-5-2, and Article 1-4 : Zoning Districts, Section 1-4-3 Planned
Development ("PD") Overlay District, and Chapter 2 : Subdivision
and Minor Land Division Regulations, as well as Ordinance No.
1468 .
NOW, THEREFORE, BE IT RESOLVED by the mayor and city
council of the City of Apache Junction, Arizona, that:
The final plat for "Superstition Vista" is hereby approved,
subject to the following conditions :
1) The final plat map shall not be recorded until the
developer submits the following items to the city' s public
works engineering and development services departments :
a) Title Report, no older than 30 days prior to final
plat recordation; and
b) Revised final plat to reflect new property owner' s
name and information; and
c) Lienholder ratification statement for all financial
institutions that are a beneficiary to a deed of
trust; and
d) Copy of the articles of incorporation/ organization
that shows the authorized managing member' s name who
is signing the final plat; and
e) Revised improvement plans cover sheet to reflect the
new developer' s name and address, and with all
respective utility companies' approval signatures to
be provided in the cover sheet as outlined; and
f) Revised engineer' s cost estimate for the public
improvements to include the cost of the offsite street
lights as required by the public works department; and
g) Construction assurance/bond provided prior to
improvement plans approval and final plat recordation;
and
h) Drainage and retention agreement, signed by the
property owner; and
RESOLUTION NO. 20-39
PAGE 2 OF 3
i) Copy of water designation letter issued by the Apache
Junction Water District; and
j ) Approvals to construct potable water and sewer from
the Arizona Department of Environmental Quality
("ADEQ") ; and
k) Copy of notice of intent for the Municipal Separate
Storm Sewer System ("MS4") /Arizona Pollutant Discharge
Elimination System ("AZPDES") issued by ADEQ.
2) Copy of the extinguishment of the two existing 20 foot
ingress-egress and public utility easements that are
impacting lots 127, 130, 131, and 132, before lot
development.
3) Upon compliance with Condition 1 above, staff shall
pursuant to A.R. S . Section 9-463 . 01 (R) record the final
plat with the Pinal County recorder and shall collect the
final plat recording fee from the subdivider and remit such
amount to the Pinal County recorder.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF
2020 .
SIGNED AND ATTESTED TO THIS DAY OF ,
2020 .
JEFF SERDY
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
RESOLUTION NO. 20-39
PAGE 3 OF 3
ORDINANCE NO. 1468
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE
JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE
ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA,
CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE
PROPERTY DESCRIBED IN REZONING CASE PZ-3-18, A REQUEST
BY AJ 40 LLC AND ITOW LFP, REPRESENTED BY DAN
KAUFFMAN, FROM INDUSTRIAL (B-5) TO MEDIUM/HIGH DENSITY
SINGLE-FAMILY DETACHED CONVENTIONAL RESIDENCES BY
PLANNED DEVELOPMENT (RS-5/PD) ; REPEALING ANY CONFLICT-
ING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the submitted planned development ("PD") plan and
preliminary plat proposes a future +/-259-lot single-family
homes subdivision, tentatively called Superstition Vista, on a
40-gross acres subject property, which is located in an area
designated master planned community ("MPC") by the city' s
general plan and said PD plan complies with the MPC designation;
and
WHEREAS, Superstition Vista is proposed to be the city' s
first residential development south of Baseline Avenue and will
include opportunities for connectivity to and encouragement of
future residential and other types of development in surrounding
areas; and
WHEREAS, on November 27 , 2018 , the Apache Junction Planning
and Zoning Commission voted 6-0 to recommend approval of rezon-
ing case PZ-3-18, subject to the submitted conceptual PD plans
and the conditions prescribed herein; and
WHEREAS, the city council hereby determines that the
proposed planned development rezoning request conforms to all of
the general criteria as specified in Apache Junction City Code,
Volume II, Land Development Code, Chapter 1, Zoning Ordinance,
Article 1-5, Zoning Bulk and Use Regulations, Section 1-5-1,
Residential Use Regulations and Article 1-4, Zoning Districts,
Section 1-4-3, Planned Development ("PD") Overlay District
(except as otherwise conditioned herein) , including integration
with the surrounding neighborhood, adequate traffic accommoda-
tion, adequate public facilities, extension of infrastructure,
ORDINANCE NO. 1468
PAGE 1 OF 5
and that the design and uses should result in enhancements to
the social, built and natural environments in the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
The zoning district classification on the Zoning District Map,
City of Apache Junction, Arizona, for the parcel of land legally
described as :
The Southwest quarter of the Northeast quarter of Section
3, Township 1 South, Range 8 East of the Gila and Salt
River Base and Meridian, Pinal County, Arizona (also known
as Pinal County Assessor parcels 104-07-001B, OO1C and
001D) ;
be and hereby is amended from Industrial (B-5) to Medium/High
Density Single-family Detached Conventional Residences by
Planned Development (RS-5/PD) subject to the following
conditions of approval :
1) The developer shall dedicate to the city, the north 40 feet
and the west 40 feet of the property, along with any neces-
sary cut-off corners for public right-of-way and utility
purposes. Street improvements along the property' s west 40
feet and north 40 feet, including but not necessarily
limited to, extension of pavement and the provision of
sidewalk, curb, gutter, streetlights, underground
utilities, fire hydrants, landscaping, retention areas,
drainage improvements, etc. , normally required for RS-S-
zoned subdivisions, shall be required as part of this
planned development project, subject to review and approval
by the City Engineer.
2) The 40-foot-wide S. Cortez Road easement from Baseline to
the northwest corner of the property shall be improved with
double chip-seal and shall also include a stabilized
walking path and/or bike path along its east side as
recommended by the city engineer.
3) The 40-foot-wide east-west oriented easement for roadway
and utility purposes (recorded in Fee #2005-070550) in the
ORDINANCE NO. 1468
PAGE 2 OF 5
center area of the property shall be extinguished and/or
relocated by the developer to allow for the construction of
proposed lots.
4) Landscape, screening and irrigation improvements, planted
within a minimum 10-feet deep strip inside the net property
line (but outside of required walls) along the west and
north perimeters of the property, shall be provided in
compliance with the city' s landscape and screening
requirements contained in Apache Junction City Code, Volume
II, Land Development Code, Chapter 1, Zoning Ordinance,
Article 1-8 , Landscape Regulations, except that all
required trees shall be 24" box and all required shrubs
shall be 5-gallon in size. The decorative 6-foot-tall fence
facing Cortez and Kilarea shall also include wrought iron
view fencing at the main gated entry points, at the north-
west corner of the subdivision and at the west central open
space area.
5) The east and south perimeter 6-foot masonry walls need not
be decorative, but shall provide for pedestrian walking
path connectivity to surrounding areas.
6) Retention basins, drainage areas, walking paths, recreation
areas and other amenity areas shall also be complemented
with shade-providing xeriscape landscaping as appropriate.
7) Twenty-five percent of the internal open space shall be
usable open space and recreational amenities shall be
provided in compliance with the city' s Parks and Recreation
standards for homeowner association ("HOA") maintained
areas and as illustrated in the planned development
plan/preliminary plat and explained in the narrative
provided with case PZ-3-18 .
8) Emergency personnel, such as police officers and firefight-
ers, shall be given knox lock access to all four proposed
primary and secondary access gates .
9) As the time of final plat and improvement plans submittal,
the developer shall also present at least 10 home models
with three elevation options each, 1 and 2-story homes,
ranging from 1200 to 2500 square feet in size. All models
shall include architectural treatments on all four sides of
ORDINANCE NO. 1468
PAGE 3 OF 5
the homes so as to preclude flat or blank facades, include-
ing pop-outs and roofline and color variations to add
visual interest . All homes shall have ground-mounted air
conditioning/HVAC units . All homes shall provide two-car
enclosed garages and front yard xeriscape landscape
packages . The developer shall also provide a lot fit
analysis showing which models will fit on which lots,
including awnings, porches, patios, etc. , within the
setback requirements .
10) All applicable permits shall be applied for and plans shall
be designed to current City codes prior to any lot grading
or construction on the lots . Inclusively, all applicable
development fees shall be paid at the time of permits
issuance on a per-unit basis .
11) The preliminary and final plats shall reflect substantial
compliance and consistency with the Planned Development
concepts presented with case PZ-3-18 , incorporated by
reference herein, and as otherwise specified through these
conditions of approval, to include general layout, lot
sizes, setbacks ( 10' front to home/18' front to garage, 10'
rear, 5' sides) , public and private rights-of-ways,
easements and tracts, amenities, perimeter and interior lot
separation walls, model types, landscaping and other
improvements .
12) All common areas, amenity areas, and tracts within and
immediately adjacent to the proposed development, including
perimeter walls and fences, and interior and exterior
common area landscaping, shall be owned and maintained in
good condition at all times by the owners or HOA of the
proposed subdivision.
13) All-weather surface access drives for fire apparatus and
other emergency providers shall be provided during
construction of the development; and all construction
vehicles and equipment shall be kept on the subject
property.
14 ) Lots adjacent to drainage channels, retention basins or
washes shall have fences separating them from these
features for safety purposes; access gates may be provided
to pedestrian walking paths .
ORDINANCE NO. 1468
PAGE 4 OF 5
15) Allowed within the planned development property boundaries,
tracts and/or parcels shall be made available for use by
sewer and water public utility providers .
SECTION II REPEALING ANY CONFLICTING PROVISIONS :
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY:
If any section, sub-section, sentence, phrase, clause or portion
of this ordinance, or any part of the code adopted herein by
reference, is for any reason held to be invalid or unconsti-
tutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining
portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNC�L OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF,-,(I(, 2018 .
SIGNED AND ATTESTED TO THIS /..i j�j mm DAY OF lzy- , 2018 .
a/-
JEF RDY �/
Mayor`
ATTEST:
zL11 6,
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4 a - .4 , /&
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1468
PAGE 5 OF 5
RESOLUTION NO. 18-43
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY
SUBDIVISION PLAT FOR THE "SUPERSTITION VISTA" SUB-
DIVISION, IN CASE SD-1-18, BY AJ 40 LLC AND ITOW LFP,
REPRESENTED BY DAN KAUFFMAN of KAUFFMAN HOMES .
WHEREAS, the subdivider in Case SD-1-18 proposes to
subdivide Pinal County Assessor parcel numbers 104-07-001B, 104-
07-OO1C and 104-07-OO1D, approximately 40 gross acres (collect-
ively, the "subject property") , into approximately 259
residential lots for a single-family homes subdivision to be
called Superstition Vista, pursuant to Arizona Revised Statutes
("ARS") Title 9, Chapter 4 , Article 6. 2, and pursuant to the
Apache Junction City Code, Volume II, Land Development Code,
Chapter 1, Zoning Ordinance, Article 1-5, Zoning Bulk and Use
Regulations , Section 1-5-1, Residential Use Regulations and
Article 1-4, Zoning Districts, Section 1-4-3, Planned
Development ("PD") Overlay District, and Chapter 2, Subdivision
Regulations; and
WHEREAS, the subject property is served by a 40-foot-wide
easement across state trust land, extending from E. Baseline
Avenue to the northwest corner of the site, but the site has
never been developed; and
WHEREAS, on November 27, 2018, the Planning and Zoning
Commission held a public hearing regarding the preliminary plat
for case SD-1-18 and recommended approval of Superstition Vista
by a vote of 6-0, with conditions; and
WHEREAS, the Council finds this preliminary subdivision
plat to be in compliance with the Apache Junction City Code,
Volume II, Land Development Code, Chapter 1, Zoning Ordinance
and Chapter 2, Subdivision Regulations, and subject to the
conditions recommended by the city' s planning and zoning
commission in rezoning case PZ-3-18; and
WHEREAS, the property proposed to be developed with the
Superstition Vista Subdivision is legally described as follows :
RESOLUTION NO. 18-43
PAGE 1 OF 3
The Southwest quarter of the Northeast quarter of Section
3, Township 1 South, Range 8 East of the Gila and Salt
River Base and Meridian, Pinal County, Arizona (also known
as Pinal County Assessor parcels 104-07-OO1B, OO1C and
OO1D) ;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
Council of the City of Apache Junction, Arizona, that :
The preliminary subdivision plat for Superstition Vista
Subdivision, case SD-1-18, is approved subject to the following
conditions :
1) All conditions of approval for the RS-5/PD-zoned property
as approved pursuant to planned development rezoning case
PZ-3-18 shall govern the design and subsequent improvements
of the final subdivision plat .
2) Within one year of preliminary subdivision plat approval,
the developers shall submit for formal review, the final
subdivision plat and improvement plans for the proposed
subdivision. Said final plat and improvement plans shall
reflect substantial compliance with the preliminary plat
insofar as general layout, number of lots, location of
natural and man-made amenity features and areas, and
internal and external streets and connectivity.
3) The conditions, covenants and restrictions for Kauffman
40/Superstition Vista shall also include provisions to
address the following: prohibitions on owners using garages
for personal storage to the extent that two normal
passenger vehicles cannot be accommodated in them at all
times; establishing a uniform system for garbage pick-up
and mail-delivery; and specifying that the homeowners
association is perpetually responsible for the maintenance
and upkeep of the internal private streets, all common
areas and facilities, and the fencing and landscape
improvements both internal and along the outside perimeter
of the subdivision.
4) The developer shall work with and coordinate separately
with all known utility companies which serve Apache
Junction, to provide necessary services to the site and to
RESOLUTION NO. 18-43
PAGE 2 OF 3
relinquish and/or relocate utility easements as needed,
prior to or upon final plat approval .
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS .1 =';; DAY OF,,_ 2018 .
SIGNED AND ATTESTED TO THIS '•` i"' DAY OF
2018 .
y r
JEFF RDY
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
�26-fig
RICHARD J. STERN
City Attorney
RESOLUTION NO. 18-43
PAGE 3 OF 3
NOTES Us 60 DEDICATION W
1. ALL TRACTS NOT DEDICATED TO THE CITY OF APACHE JUNCTION SHALL BE IMPROVED IN FINAL PLAT 00
ACCORDANCE WITH THE APPROVED PLANS AND DEEDED TO THE HOMEOWNERS'ASSOCIATION UPON STATE OF ARIZONA SS 04 O,
RECORDATION OF THE FINAL PLAT. TRACTS SHALL NOT BE CONVEYED TO ANY PRIVATE OR PUBLIC COUNTY OF PINAL }
ENTITY WITHOUT PRIOR CITY COUNCIL APPROVAL. FOR n co O
2. THE MAINTENANCE OF LANDSCAPING AND DRAINAGE AREAS EITHER WITHIN THE PUBLIC KNOW ALL MEN BY THESE PRESENTS: SUPERSTITION VISTA DEVELOPMENT, }�� U
RIGHT-OF-WAY AND/OR UP TO A PERIMETER WALL OR FENCE OR PRIVATE YARD SHALL BE THE Q L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY, AS "OWNER" HAS SUBDIVIDED bz O p i
RESPONSIBILITY OF THE HOMEOWNERS'ASSOCIATION OR THE ABUTTING LOT, TRACT OR PARCEL SUPERSTITION VISTA UNDER THE NAME OF "SUPERSTITION VISTA", A PORTION OF THE SOUTHWEST 0 += N
OWNER. o N o QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 1 SOUTH, •WA Z3 N
3. CONSTRUCTION WITHIN UTILITY EASEMENTS SHALL BE LIMITED TO UTILITIES, FENCES AND A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP I SOUTH, RANGE 8 EAST OF THE 0 � < RANGE 8 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PINAL �I co X
DRIVEWAYS. Y 0 COUNTY, ARIZONA, AS SHOWN PLATTED HEREON AND HEREBY PUBLISHES m
G ILA AND SALT RIVER BASE AND MERIDIAN FINAL COUNTY, ARIZONA v THIS PLAT AS AND FOR THE PLAT OF "SUPERSTITION VISTA", AND HEREBY N L.L N
4. NO STRUCTURES, EARTHWORK OR OTHER CONSTRUCTION SHALL BE CARRIED OUT IN DRAINAGE Q w W >
PATHS OR RETENTION BASINS AS SHOWN ON THE APPROVED IMPROVEMENT PLANS AND, EXCEPT AS = BASELINE AVENUE DECLARES THAT THIS PLAT SETS FORTH THE LOCATION AND GIVES THE 0 O
MAY BE APPROVED BY THE DEVELOPMENT SERVICES PROJECT ENGINEER. FENCING SHALL BE LIMITED 2 o DIMENSIONS OF THE LOTS, STREETS, TRACTS AND EASEMENTS CONSTITUTING ^\
TO WIRE-STRAND OR BREAK-AWAY SECTIONS THAT CANNOT IMPEDE WATER FLOW OR COLLECT THE SUBDIVISION, AND DECLARES THAT EACH LOT AND STREET SHALL BE 0= L 00 Lo v
O
DEBRIS WHICH WOULD IMPEDE WATER FLOW. VEGETATION SHALL NOT BE PLANTED NOR ALLOWED TO 9��. KNOWN BY THE NUMBER OR NAME THAT IS GIVEN TO EACH SUCH LOT AND N
GROW WITHIN DRAINAGE PATHS, EASEMENTS OR RETENTION BASINS WHICH WOULD IMPEDE THE FLOW �yti STREET ON THIS PLAT, RESPECTIVELY. TRACTS A, B, C, D, E, F, G, H, I, J, K, L, M, 0- = 00 � a)
OF WATER. p�, N, 0, P, Q, R, S, T, U AND V, ARE NOT TO BE CONSTRUED TO BE DEDICATED TO W E (D N Co .-
5. MAINTENANCE OF THE DRAINAGE AREAS WITHIN THE TRACTS AND EASEMENTS SHALL BE THE THE PUBLIC OR CITY, BUT ARE DEEDED TO "SUPERSTITION VISTA" 0 Q
RESPONSIBILITY OF THE SUPERSTITION VISTA HOMEOWNERS'ASSOCIATION. SHOULD THE HOMEOWNERS'ASSOCIATION FOR ITS USE AND ENJOYMENT AS MORE FULLY co oc) N
ASSOCIATION NOT ADEQUATELY MAINTAIN THEM, THE GOVERNING ENTITY HAVING JURISDICTION OVER �, SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND W N
THE AREA IN WHICH THE TRACT OR THE EASEMENT IS LOCATED, AT ITS DISCRETION, MAY ENTER UPON SITE DATA SHEET INDEX BASIS OF BEARING T9�c� PROJECT SITE RESTRICTIONS AND SAID ASSOCIATION SHALL BE RESPONSIBLE FOR THE cz p (�
AND MAINTAIN THE DRAINAGE AREAS, AND ASSESS THE HOMEOWNERS'ASSOCIATION, ITS GROSS AREA: 39.887 AC. MAINTENANCE THEREOF IN PERPETUITY, AND SHALL NOT BE REDEVELOPED N
SUCCESSORS AND/OR BENEFITING PROPERTIES THE COST OF MAINTENANCE. NET AREA: 37.487 AC. SHEET 1 - COVER SHEET BASELINE AVE, FROM THE NORTH QUARTER CORNER MARKED `9'LpS, FOR ANY OTHER NON-AMENITY OR NON-DRAINAGE PURPOSE. THE PUBLIC O_ Lij
6. THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE FINAL PLAT SHALL HAVE THE PROPOSED LOTS: 256 SHEET 2-3 - FINAL PLAT BY A BRASS CAP IN HAND HOLE TO THE NORTHEAST CORNER, UTILITY EASEMENTS SHOWN HEREON ARE HEREBY PROVIDED AS
RIGHT TO ENFORCE ALL NOTES SHOWN AND ASSOCIATED WITH THE FINAL PLAT ON THE HOMEOWNERS' SITE DENSITY: 6.82 DWELLINGS/ACRE MARKED BY A BRASS CAP IN HAND HOLE, OF SECTION 3, TA S., NON-EXCLUSIVE EASEMENTS FOR PUBLIC UTILITIES AND FACILITIES. ALL SUCH
ASSOCIATION OR ALL FUTURE OWNERS, ASSIGNS AND SUCCESSORS IN INTEREST AND/OR BENEFITING OPEN SPACE: 6.75 AC. / 17% R.8E. OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PINAL UTILITIES SHALL BE LOCATED UNDERGROUND IN CONFORMITY WITH EXISTING
PROPERTIES. COUNTY. SAID LINE BEARS: N89°45'30"E PER FEE# 1988-016573, AND FUTURE STANDARDS APPLICABLE TO UNDERGROUND UTILITIES. ALL
7. SHOULD THE HOMEOWNERS'ASSOCIATION NOT PAY PROPERTY TAXES ON ANY TRACT THEY OWN RECORDS OF PINAL COUNTY, ARIZONA. DRAINAGE EASEMENT AREAS AS SHOWN PLATTED HEREON ARE HEREBY
WITHIN THE SUBDIVISION AT ANY TIME IN THE FUTURE AND LOSE THE PROPERTY THROUGH TAX CONVEYED TO THE "SUPERSTITION VISTA" HOMEOWNERS'ASSOCIATION. ALL
FORECLOSURE OR FORFEITURE OR DISSOLVE, THE CITY OR THE GOVERNING ENTITY HAVING LOT TABLE LOT TABLE LOT TABLE LOT TABLE LOT TABLE SAID DRAINAGE EASEMENT AREAS SHALL BE MAINTAINED BY THE
JURISDICTION OVER THE AREA IN WHICH THE TRACT OR THE EASEMENT IS LOCATED, SHALL ASSESS, "SUPERSTITION VISTA" HOMEOWNERS'ASSOCIATION. THE PUBLIC RIGHT OF
LIEN, AND/OR COLLECT FROM ANY SUCCESSOR IN INTEREST AND/OR BENEFITING PROPERTIES THE LOT# AREA(SF) AREA(AC.) LOT# AREA(SF) AREA(AC.) LOT# AREA(SF) AREA(AC.) LOT# AREA(SF) AREA(AC.) LOT# AREA(SF) AREA(AC.) NORTH WAY SHOWN AND DESCRIBED HEREON IS HEREBY DEDICATED TO THE CITY OF
COST OF MAINTENANCE OF ALL IMPROVEMENTS, DRAINAGE FACILITIES, LANDSCAPING AND AMENITIES. APACHE JUNCTION FOR PUBLIC USE IN PERPETUITY AND THE EASEMENTS
8. THE INTERIOR STREETS, LOCATED IN TRACT "D", SHALL BE PRIVATE. LOT 4,500 S.F. 0.103AC. LOT53 4,000 S.F. 0.092 AC. LOT105 4,000 S.F. 0.092 AC. LOT157 3,601 S.F. 0.083 AC. LOT209 4,439S.F. 0.102AC. SHOWN THEREON ARE FOR THE PURPOSE INDICATED. ALSO, SUPERSTITION
9. ALL TRACTS NOT DEDICATED TO THE CITY OF APACHE JUNCTION SHALL BE IMPROVED IN GUADALUPE ROAD (ALIGNMENT) VISTA DEVELOPMENT, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY, AS
ACCORDANCE WITH THE APPROVED PLANS AND DEEDED TO THE HOMEOWNERS'ASSOCIATION AFTER LOT 2 4,500 S.F. 0.103 AC. LOT 54 3,600 S.F. 0.083 AC. LOT 106 3,600 S.F. 0.083 AC. LOT 158 3,600 S.F. 0.083 AC. LOT 210 4,500 S.F. 0.103 AC. VICINITY MAP "OWNER", HEREBY DEDICATES THE EASEMENTS AS DEPICTED ON THIS PLAT
RECORDATION OF THE PLAT.
10. ALL LOTS AND TRACTS WILL HAVE MONUMENTATION SET AT EACH CORNER AND AT EACH LOT 3 4,500 S.F. 0.103 AC, LOT 55 3,992 S.F. 0.092 AC, LOT 107 4,000 S.F. 0.092 AC, LOT 159 3,600 S.F. 0.083 AC. LOT 211 4,500 S.F. 0.103 AC. N.T.S.
LOCATION(1/2" REBAR L.S. #48680), AS SHOWN HEREON AT THE COMPLETION OF MASS GRADING. FOR: SUPERSTITION VISTA DEVELOPMENT, L.L.C.,AN ARIZONA LIMITED LIABILITY COMPANY
11. ALL UTILITIES IN THE SUBDIVISION SHALL BE PLACED UNDERGROUND. LOT 4 4,500 S.F. 0.103 AC. LOT 56 4,500 S.F. 0.103 AC. LOT 108 3,600 S.F. 0.083 AC. LOT 160 3,600 S.F. 0.083 AC. LOT 212 4,500 S.F. 0.103 AC.
TRACT TABLE
12. ALL PROPOSED DWELLINGS SHALL BE SINGLE FAMILY, DETACHED. LOT 5 4,500 S.F. 0.103 AC, LOT 57 4,500 S.F. 0.103 AC, LOT 109 3,985 S.F. 0.091 AC, LOT 161 3,600 S.F. 0.083 AC. LOT 213 4,500 S.F. 0.103 AC. THIS DAY OF 12020
13. ALL TRACTS, DRAINAGE EASEMENTS, RETENTION BASINS, OPEN SPACES AND RECREATION TRACT AREA(SF) AREA(AC.) DESCRIPTION
FACILITIES ARE TO BE MAINTAINED BY THE HOMEOWNERS'ASSOCIATION. LOT 6 4,500 S.F. 0.103 AC. LOT 58 4,500 S.F. 0.103 AC. LOT 110 3,585 S.F. 0.082 AC. LOT 162 3,600 S.F. 0.083 AC. LOT 214 4,500 S.F. 0.103 AC. BY:
14. THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE UNDERGROUNDED AS RETENTION AND DRAINAGE EASEMENT,LANDSCAPING,OPEN SPACE,COMMON AREA,WATER DAN KAUFFMAN, MANAGER OF SUPERSTITION VISTA DEVELOPMENT, L.L.C.
OUTLINED IN SECTION 1-8-6(K), RELOCATION OF OVERHEAD WIRES AND EQUIPMENT, ZONING LOT 7 4,500 S.F. 0.103 AC. LOT 59 4,500 S.F. 0.103 AC. LOT 111 3,600 S.F. 0.083 AC. LOT 163 3,600 S.F. 0.083 AC. LOT 215 4,500 S.F. 0.103 AC. TRACT A 53,328 S.F. 1.224 AC. EASEMENT,SEWER EASEMENT,UNDERGROUND STORM DRAIN PIPES AND PUBLIC UTILITY EASEMENT
ORDINANCE, VOL. II, APACHE JUNCTION CITY CODE. ALL EXISTING AND PROPOSED ONSITE OVERHEAD
UTILITY LINES SHALL BE PLACED UNDERGROUND. LOT 8 4,500 S.F. 0.103 AC. LOT 60 3,992 S.F. 0.092 AC. LOT 112 3,600 S.F. 0.083 AC. LOT 164 3,600 S.F. 0.083 AC. LOT 216 4,498 S.F. 0.103 AC. TRACT B 67,908 S.F. 1.559 AC. RETENTION AND DRAINAGE EASEMENT,LANDSCAPING,OPEN SPACE,COMMON AREA,UNDERGROUND
15. THE DRAINAGE STRUCTURES UNDER S CORTEZ RD AND E NEEDLE CANYON AVE WILL BE STORM DRAIN PIPES AND PUBLIC UTILITY EASEMENT Z
MAINTAINED BY THE "SUPERSTITION VISTA" HOMEOWNERS'ASSOCIATION. LOT 9 4,500 S.F. 0.103 AC. LOT 61 3,600 S.F. 0.083 AC. LOT 113 3,600 S.F. 0.083 AC. LOT 165 3,600 S.F. 0.083 AC. LOT 217 4,225 S.F. 0.097 AC. O
LEGEND (SOME ITEMS MAY NOT APPLY) TRACT C 89,335 S.F. 2.051 AC. RETENTION AND DRAINAGE EASEMENT,LANDSCAPING,OPEN SPACE,COMMON AREA,WATER Q
LOT 10 4,500 S.F. 0.103 AC. LOT 62 4,000 S.F. 0.092 AC. LOT 114 3,600 S.F. 0.083 AC. LOT 166 3,600 S.F. 0.083 AC. LOT 218 4,496 S.F. 0.103 AC. EASEMENT,SEWER EASEMENT,UNDERGROUND STORM DRAIN PIPES AND PUBLIC UTILITY EASEMENT O
BOUNDARY LINE ACKNOWLEDGMENT a
LOT 11 4,500 S.F. 0.103 AC. LOT 63 3,600 S.F. 0.083 AC. LOT 115 3,600 S.F. 0.083 AC. LOT 167 3,600 S.F. 0.083 AC. LOT 219 4,500 S.F. 0.103 AC. TRACT D 288,188 S.F. 6.616 AC. PRIVATE STREETS,PUBLIC UTILTIY EASEMENT AND UNDERGROUND STORM DRAIN PIPES � Z
O
— • — SECTION LINE STATE OF ARIZONA I---
LOT 12 5,000 S.F. 0.115 AC. LOT 64 3,985 S.F. 0.091 AC. LOT 116 3,600 S.F. 0.083 AC. LOT 168 3,600 S.F. 0.083 AC. LOT 220 4,500 S.F. 0.103 AC. TRACT E 9,551 S.F. 0.219 AC. RETENTION AND DRAINAGE EASEMENT,LANDSCAPING,OPEN SPACE AND COMMON AREAEIIIIIIIIIIIIIIIII I COUNTY OF FINAL SS Z
— — — — — — PUBLIC RIGHT OF WAY LINE LOT 13 4,500 S.F. 0.103 AC. LOT 65 3,985 S.F. 0.091 AC. LOT 117 3,600 S.F. 0.083 AC. LOT 169 3,600 S.F. 0.083 AC. LOT 221 4,500 S.F. 0.103 AC. TRACT F 1,470 S.F. 0.034 AC. LANDSCAPING AND OPEN SPACE
ON THIS DAY OF 2020, BEFORE ME, THE
— — — — TRACT LINE LOT 14 4,500 S.F. 0.103 AC, LOT 66 3,600 S.F. 0.083 AC, LOT 118 3,600 S.F. 0.083 AC, LOT 170 3,585 S.F. 0.082 AC. LOT 222 4,437 S.F. 0.102 AC. TRACT G 1,470 S.F. 0.034 AC. LANDSCAPING AND OPEN SPACE UNDERSIGNED, PERSONALLY APPEARED , WHO w
ACKNOWLEDGED HIMSELF TO BE THE PERSON WHOSE NAME IS SUBSCRIBED U
CENTERLINE LOT 15 4,500 S.F. 0.103 AC. LOT 67 4,000 S.F. 0.092 AC. LOT 119 3,600 S.F. 0.083 AC. LOT 171 3,985 S.F. 0.091 AC. LOT 223 3,592 S.F. 0.082 AC. TRACT H 1,470 S.F. 0.034 AC. LANDSCAPING AND OPEN SPACE TO THE INSTRUMENT WITHIN, AND WHO EXECUTED THE FOREGOING < Z
INSTRUMENT FOR THE PURPOSES THEREIN CONTAINED. IL
PROPERTY LINE Q
LOT 16 4,500 S.F. 0.103 AC, LOT 68 3,600 S.F. 0.083 AC, LOT 120 3,600 S.F. 0.083 AC, LOT 172 4,000 S.F. 0.092 AC. LOT 224 3,600 S.F. 0.083 AC. TRACT 1 1,139 S.F. 0.026 AC. LANDSCAPING AND OPEN SPACE 99
— — — —
LOT 17 4,498 S.F. 0.103 AC. LOT 69 3,992 S.F. 0.092 AC. LOT 121 3,600 S.F. 0.083 AC. LOT 173 4,000 S.F. 0.092 AC. LOT 225 3,600 S.F. 0.083 AC. TRACT J 1,139 S.F. 0.026 AC. LANDSCAPING AND OPEN SPACE [z,
—— ——— ———— ———— ———— EASEMENT LINE, AS NOTED IN WITNESS WHEREOF: I HEREUNTO SET MY HAND AND OFFICIAL SEAL. � 1�
LOT 18 6,232 S.F. 0.143 AC. LOT 70 4,500 S.F. 0.103 AC. LOT 122 3,600 S.F. 0.083 AC. LOT 174 4,000 S.F. 0.092 AC. LOT 226 3,591 S.F. 0.082 AC. TRACT K 1,139 S.F. 0.026 AC. LANDSCAPING AND OPEN SPACE
— — — — ADJACENT PROPERTY LINE LOT 19 9,098 S.F. 0.209 AC. LOT 71 4,500 S.F. 0.103 AC. LOT 123 3,598 S.F. 0.083 AC. LOT 175 4,000 S.F. 0.092 AC. LOT 227 3,600 S.F. 0.083 AC. TRACT L 2,438 S.F. 0.056 AC. LANDSCAPING AND OPEN SPACE BY: 04
NOTARY PUBLIC u
LOT 20 5,051 S.F. 0.116 AC. LOT 72 4,500 S.F. 0.103 AC. LOT 124 3,600 S.F. 0.083 AC. LOT 176 4,000 S.F. 0.092 AC. LOT 228 3,600 S.F. 0.083 AC. TRACT M 1,139 S.F. 0.026 AC. LANDSCAPING AND OPEN SPACE
STREET CL MONUMENT (SET 0
O BRASS CAP MAG STD. DTL. LOT 21 4,500 S.F. 0.103 AC. LOT 73 4,500 S.F. 0.103 AC. LOT 125 3,600 S.F. 0.083 AC. LOT 177 4,000 S.F. 0.092 AC. LOT 229 3,591 S.F. 0.082 AC. TRACT N 1,139 S.F. 0.026 AC. LANDSCAPING AND OPEN SPACE MY COMMISSION EXPIRES: CL
120-1 TYPE "B") TAGGED R.L.S. Lu
LOT 22 4,501 S.F. 0.103 AC. LOT 74 3,992 S.F. 0.092 AC. LOT 126 3,600 S.F. 0.083 AC. LOT 178 4,000 S.F. 0.092 AC. LOT 230 3,591 S.F. 0.082 AC. TRACT 0 2,438 S.F. 0.056 AC. LANDSCAPING AND OPEN SPACE w
No. 48680 t
H
LOT 23 4,502 S.F. 0.103 AC. LOT 75 3,600 S.F. 0.083 AC. LOT 127 3,600 S.F. 0.083 AC. LOT 179 4,000 S.F. 0.092 AC. LOT 231 3,600 S.F. 0.083 AC. TRACT P 1,139 S.F. 0.026 AC. LANDSCAPING AND OPEN SPACE
U
FOUND BRASSCAP IN HANDHOLE
LOT 24 4,502 S.F. 0.103 AC. LOT 76 4,000 S.F. 0.092 AC. LOT 128 3,600 S.F. 0.083 AC. LOT 180 4,000 S.F. 0.092 AC. LOT 232 3,600 S.F. 0.083 AC. TRACT O 1,139 S.F. 0.026 AC. LANDSCAPING AND OPEN SPACE
® SET 1/2" REBAR, R.L.S. #48680 LOT 25 4,503 S.F. 0.103 AC. LOT 77 3,600 S.F. 0.083 AC. LOT 129 3,600 S.F. 0.083 AC. LOT 181 3,600 S.F. 0.083 AC. LOT 233 3,591 S.F. 0.082 AC. RETENTION AND DRAINAGE EASEMENT,LANDSCAPING,OPEN SPACE,COMMON AREA,UNDERGROUND
TRACT R 5,824 S.F. 0.134 AC.R/W RIGHT OF WAY LOT 26 4,503 S.F. 0.103 AC. LOT 78 3,985 S.F. 0.091 AC. LOT 130 4,000 S.F. 0.092 AC. LOT 182 3,600 S.F. 0.083 AC. LOT 234 4,511 S.F. 0.104 AC. STORM DRAIN PIPES AND PUBLIC UTILITY EASEMENT CITY CERTIFICATION
TRACTS 45,365 S.F. 1.041 AC. RETENTION AND DRAINAGE EASEMENT,LANDSCAPING,OPEN SPACE,COMMON AREA,UNDERGROUND THIS FINAL PLAT HAS BEEN CHECKED FOR CONFORMANCE WITH THE
B.L.M. BUREAU OF LAND MANAGEMENT LOT 27 4,504 S.F. 0.103 AC, LOT 79 3,985 S.F. 0.091 AC, LOT 131 3,600 S.F. 0.083 AC, LOT 183 3,600 S.F. 0.083 AC. LOT 235 4,396 S.F. 0.101 AC. STORM DRAIN PIPES AND PUBLIC UTILITY EASEMENT REQUIREMENTS OF THE LAND DEVELOPMENT CODE AND ANY OTHER
LOT 28 4,504 S.F. 0.103 AC. LOT 80 3,600 S.F. 0.083 AC. LOT 132 4,000 S.F. 0.092 AC. LOT 184 4,000 S.F. 0.092 AC. LOT 236 4,500 S.F. 0.103 AC. TRACT T 2,003 S.F. 0.046 AC. COMMON AREA,LANDSCAPING,WATER EASEMENT AND OPEN SPACE APPLICABLE ORDINANCE AND REGULATIONS AND THAT ASSURANCES HAVE BEEN
A.P.N. ASSESOR S PARCEL NUMBER PROVIDED FOR IMPROVEMENTS IN THE AMOUNT OF $
LOT 29 4,505 S.F. 0.103 AC, LOT 81 4,000 S.F. 0.092 AC, LOT 133 3,600 S.F. 0.083 AC, LOT 185 3,600 S.F. 0.083 AC. LOT 237 4,500 S.F. 0.103 AC. TRACT U 1,446 S.F. 0.033 AC. LANDSCAPING AND OPEN SPACE
S.V.T. SIGHT VISIBILTY TRIANGLE N
z
LOT 30 4,506 S.F. 0.103 AC. LOT 82 3,600 S.F. 0.083 AC. LOT 134 4,000 S.F. 0.092 AC. LOT 186 4,000 S.F. 0.092 AC. LOT 238 4,500 S.F. 0.103 AC. TRACT V 1,446 S.F. 0.033 AC. LANDSCAPING AND OPEN SPACE o
•N VNAE VEHICULAR NON-ACCESS EASEMENT DEVELOPMENT SERVICES PROJECT ENGINEER DATE > z
LOT 31 4,506 S.F. 0.103 AC. LOT 83 3,992 S.F. 0.092 AC. LOT 135 4,000 S.F. 0.092 AC. LOT 187 3,585 S.F. 0.082 AC. LOT 239 4,500 S.F. 0.103 AC. w O
PUE PUBLIC UTILITY EASEMENT LIEN HOLDER RATIFICATION: EL
LOT 32 4,507 S.F. 0.103 AC. LOT 84 4,500 S.F. 0.103 AC. LOT 136 4,000 S.F. 0.092 AC. LOT 188 3,585 S.F. 0.082 AC. LOT 240 4,500 S.F. 0.103 AC. EE
Q KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED AS N
PE PEDESTRIAN EASEMENT LOT33 4,508S.F. 0.103AC. LOT85 4,500 S.F. 0.103AC. LOT137 3,600 S.F. 0.083 AC. LOT189 4,000 S.F. 0.092 AC. LOT241 4,500 S.F. 0.103AC. BENEFICIARY OF THESE CERTAIN DEED OF TRUSTS RECORDED IN FEE NO. MAYOR CERTIFICATION
Q 2019-12306, RECORDS OF PINAL COUNTY RECORDER, PINAL COUNTY,
Ln
C# CURVE DATA, SEE SHEET 3 LOT34 4,508S.F. 0.103AC. LOT86 4,500 S.F. 0.103AC. LOT138 4,000 S.F. 0.092 AC. LOT190 3,600 S.F. 0.083 AC. LOT242 4,500 S.F. 0.103AC. ARIZONA, HEREBY RATIFIES, AFFIRMS, AND APPROVES THIS PLAT, THE
o DECLARATION OF RESTRICTIONS RECORDED CONCURRENTLY HEREWITH, APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS Q
L# LINE DATA, SEE SHEET 3 LOT35 4,509S.F. 0.104AC. LOT87 4,500 S.F. 0.103AC. LOT139 3,600 S.F. 0.083 AC. LOT191 4,000 S.F. 0.092 AC. LOT243 4,500 S.F. 0.103AC. AND EACH AND EVERY DEDICATION CONTAINED HEREIN. DAY OF 12020. AND THE CITY COUNCIL
o ACCEPTS THE RIGHTS-OF-WAY DEDICATED HEREIN ON BEHALF OF THE PUBLIC. w
No LOT 36 4,509 S.F. 0.104 AC. LOT 88 4,500 S.F. 0.103 AC. LOT 140 4,000 S.F. 0.092 AC. LOT 192 3,600 S.F. 0.083 AC. LOT 244 4,500 S.F. 0.103 AC. THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER SUPPLY AS ~
'ITsq. ft. SQUARE FEET IN WITNESS WHEREOF: THE UNDERSIGNED HAVE SIGNED THEIR NAMES REQUIRED BY ARIZONA REVISED STATUTES (ARS)45-576 OR EVIDENCE THAT THE o
I LOT 37 4,510 S.F. 0.104 AC. LOT 89 3,992 S.F. 0.092 AC. LOT 141 3,600 S.F. 0.083 AC. LOT 193 4,000 S.F. 0.092 AC. LOT 245 4,500 S.F. 0.103 AC. ON THIS DAY OF 2020, AREA HAS BEEN DESIGNATED BY THE ARIZONA DEPARTMENT OF WATER o
R RADIUS RESOURCES AS HAVING AN ASSURED WATER SUPPLY. Z
3 LOT 38 4,510 S.F. 0.104 AC, LOT 90 3,600 S.F. 0.083 AC, LOT 142 3,985 S.F. 0.091 AC, LOT 194 3,600 S.F. 0.083 AC. LOT 246 4,500 S.F. 0.103 AC.
L LENGTH BENEFICIARY: M &T BANK
Q LOT 39 4,511 S.F. 0.104 AC. LOT 91 4,000 S.F. 0.092 AC. LOT 143 3,585 S.F. 0.082 AC. LOT 195 3,600 S.F. 0.083 AC. LOT 247 4,500 S.F. 0.103 AC. BY:
BY:
c
A DELTA LOT 40 4,512 S.F. 0.104 AC, LOT 92 3,600 S.F. 0.083 AC, LOT 144 3,600 S.F. 0.083 AC, LOT 196 3,600 S.F. 0.083 AC. LOT 248 4,500 S.F. 0.103 AC. ITS: MAYOR DATE
E
`~ C.O.A.J. CITY OF APACHE JUNCTION LOT 41 4,585 S.F. 0.105 AC. LOT 93 3,985 S.F. 0.091 AC. LOT 145 3,600 S.F. 0.083 AC. LOT 197 3,600 S.F. 0.083 AC. LOT 249 4,500 S.F. 0.103 AC.
ACKNOWLEDGMENT ATTEST: CITY CLERK DATE
i LOT 42 4,116 S.F. 0.094 AC. LOT 94 3,550 S.F. 0.082 AC. LOT 146 3,600 S.F. 0.083 AC. LOT 198 4,500 S.F. 0.103 AC. LOT 250 4,501 S.F. 0.103 AC.
NO. NUMBER STATE OF ARIZONA l
LOT 43 11,667 S.F. 0.268 AC. LOT 95 3,600 S.F. 0.083 AC. LOT 147 3,600 S.F. 0.083 AC. LOT 199 4,500 S.F. 0.103 AC. LOT 251 4,501 S.F. 0.103 AC. COUNTY OF PINAL I SS
T.C.E. TEMPORARY CONSTRUCTION EASEMENT SURVEYOR'S CERTIFICATE
LOT 44 4,311 S.F. 0.099 AC. LOT 96 3,600 S.F. 0.083 AC. LOT 148 3,600 S.F. 0.083 AC. LOT 200 4,500 S.F. 0.103 AC. LOT 252 4,501 S.F. 0.103 ALn C. ON THIS DAY OF 2020, BEFORE ME, THE
o WAT. WATER LOT45 4,500 S.F. 0.103AC. LOT97 4,000 S.F. 0.092 AC. LOT149 3,600 S.F. 0.083 AC. LOT201 4,500 S.F. 0.103AC. LOT253 4,501 S.F. 0.103AC. UNDERSIGNED, PERSONALLY APPEARED WHO THIS IS TO CERTIFY THAT THIS FINAL PLAT IS A CORRECT REPRESENTATION OF
00 ACKNOWLEDGED HIMSELF TO BE THE PERSON WHOSE NAME IS SUBSCRIBED ALL THE EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION OF IT; DESIGNED DTT
cm SEW. SEWER LOT46 3,992 S.F. 0.092 AC. LOT98 3,600 S.F. 0.083 AC. LOT150 3,600 S.F. 0.083 AC. LOT202 4,500 S.F. 0.103AC. LOT254 4,501 S.F. 0.103AC. TO THE INSTRUMENT WITHIN, AND WHO EXECUTED THE FOREGOING THAT I HAVE PREPARED THE DESCRIPTION OF THE LAND SHOWN ON THE FINAL
INSTRUMENT FOR THE PURPOSES THEREIN CONTAINED. PLAT AND I HEREBY CERTIFY TO ITS CORRECTNESS, AND THAT ALL LOTS ARE DRAWN AGY
FLOOD INSURANCE RATE MAP FIRM INFORMATION STAKED OR WILL BE STAKED AND ALL MONUMENTS ARE SET OR WILL BE SET CHECKED DTT
LOT 47 3,600 S.F. 0.083 AC. LOT 99 4,000 S.F. 0.092 AC. LOT 151 3,600 S.F. 0.083 AC. LOT 203 4,500 S.F. 0.103 AC. LOT 255 4,501 S.F. 0.103 AC.
COMMUNITY PANEL# SUFFIX DATE OF FIRM FLOOD BASE FLOOD ELEV. WITHIN ONE (1)YEAR AFTER RECORDATION. DATE 8-21-2020
NUMBER PANEL DATE (INDEX DATE) ZONE (IN AO ZONE,USE DEPTH) LOT 48 4,000 S.F. 0.092 AC. LOT 100 3,600 S.F. 0.083 AC. LOT 152 3,600 S.F. 0.083 AC. LOT 204 4,500 S.F. 0.103 AC. LOT 256 4,501 S.F. 0.103 AC. IN WITNESS WHEREOF: I HEREUNTO SET MY HAND AND OFFICIAL SEAL. SCALE 1" = 50'
Q 04021CO020E �ted ICA - PROJECTCD 180805
LOT 49 3,600 S.F. 0.083 AC. LOT 101 4,000 S.F. 0.092 AC. LOT 153 3,600 S.F. 0.083 AC. LOT 205 4,500 S.F. 0.103 AC. NOTE:THESE DRAWINGS ARE INSTRUMENTS OF SERVICE �g ���F'�"T
040120 E 12-4-2007 X NIA �. f�b `� FILE NAME Final Plat
12-04-07 AND SHALL REMAIN THE PROPERTY OF D& M ENGINEERING. BY: �m 48680 ' 0
LOT 50 3,985 S.F. 0.091 AC. LOT 102 4,000 S.F. 0.092 AC. LOT 154 3,600 S.F. 0.083 AC. LOT 206 4,519 S.F. 0.104 AC. ANY UNAUTHORIZED REPRODUCTIONS, REVISIONS, NOTARY PUBLIC URAN T. SHEET
COMMUNITY PANEL# SUFFIX DATE OF FIRM FLOOD BASE FLOOD ELEV. ADDITIONS, OR ALTERATIONS OF THESE DRAWINGS IS DURAN T. THOMP ON R.L. . #486 T MPSON
NUMBER PANEL DATE (INDEX DATE) ZONE (IN AO ZONE,USE DEPTH) LOT 51 3,985 S.F. 0.091 AC. LOT 103 4,000 S.F. 0.092 AC. LOT 155 3,600 S.F. 0.083 AC. LOT 207 4,924 S.F. 0.113 AC. $ ti:
� STRICTLY PROHIBITED,AND WILL BE CONSIDERED TO BE IN
04021CO200E VIOLATION OF ARIZONA STATE TECHNICAL BOARD, CODE MY COMMISSION EXPIRES: f° nad R�.
C) 040120 E 12 4 2007 X NIA LOT 52 3,600 S.F. 0.083 AC. LOT 104 3,600 S.F. 0.083 AC. LOT 156 3,598 S.F. 0.083 AC. LOT 208 4,356 S.F. 0.100 AC. 32-125 AND 32-142. qR/20N 1 OFo 12-04-073
00
0
N
U-
\ CURVE TABLE CURVE TABLE CURVE TABLE 000
MATCHLINE SEE RIGHT I CURVE# RADIUS LENGTH DELTA CURVE# RADIUS LENGTH DELTA CURVE# RADIUS LENGTH DELTA
I o C1 45.00' 209.98' 267°21'17" C24 20.00' 12.87' 36°52'12" C47 20.00' 4.97' 14°14'06" LO E
I cI I O
fV RANCHO MIRAGE MOBILE HOME PARK
C2 45.00' 17.63' 22°26'40" C25 20.00' 31.42' 90°00'00" C48 20.00' 23.44' 67°08'27" 0 ^ U
O �
F APN-103-22-019G ° ° ° (D 0 N
CORTEZ RANCH C3 45.00 24.87 31 3944 C26 20.00 18.55 53 0748 C49 97.27 70.20 41 2108 N
I •� .Z3
U -� C4 45.00' 167.48' 213°14'52" C27 20.00' 12.87' 36°52'12" C50 20.00' 31.42' 90°00'00" �I U) X
ILL O
II
SOUTH 114 CORNER C5 20.00' 30.49' 87°21'17" C28 34.00' 53.41' 90°00'00" C51 20.00' 31.42' 90°00'00" uJ > u- N
SECTION 34,TOWNSHIP 1 NORTH, SOUTHEAST CORNER �y •i
RANGE 8 EAST a SECTION 34,TOWNSHIP 1 NORTH, C6 20.00' 31.42' 90°00'00" C29 89.00, 21.95' 14°07'44" C52 20.00' 16.06' 46°01'01" 0 � �
BASELINE AVE FOUND B.C.H.H. RANGE 8 EAST � - 00 Lo
34.56' C7 20.00' 31.42' 90°00'00" C30 75.00' 18.49' 14°07'44" C53 25.00' 40.16' 92°02'03" O N 04 � i
N89°45'30"E 2644.80' NORTHEAST CORNER ° ° ° 1■�I Q = 00 C) N
BASIS OF BEARING SECTION 3,TOWNSHIP 1 SOUTH, C8 20.00' 16.06' 46 01'01" C31 61.00' 15.04' 14 07'44" C54 20.00' 16.06' 46 01'01" E �
� a RANGE 8 EAST N89°42'23"E 32.30' O �, N co
C9 25.00' 33.37' 76°28'54" C32 89.00, 21.95' 14°07'44" C143 20.00' 31.42' 90°00'00" 0 Q c
W N
C10 30.00' 7.36' 14°03'53" C33 75.00' 18.49' 14°07'44" C144 34.00' 53.41' 90°00'00" -
- - - NORTH 114 CORNER - - - - - - - - - - (� O
SECTION 3,TOWNSHIP 1 SOUTH, C11 20.00' 10.20' 29°13'22" C34 61.00' 15.04' 14°07'44" C145 48.00' 75.40' 90°00'00" O N
RANGE 8 EAST I C12 35.00 90.67 148 2546 C35 61.00 5.71 5 2153 C146 20.00 25.11 71 5532 A 0 r a_ w
FOUND B.C.F. I I
MATCHLINE SEE RIGHT I 0 STATE LAND Q M C13 20.00' 10.19, 29°12'23" C36 61.00' 9.33' 8°45'51" C147 20.00' 6.31' 18°04'28"
APN-104-07-0060 " Lo
o N I C14 20.00' 6.78' 19°25'38" C37 20.00' 31.42' 90°00'00" C148 48.00' 69.18' 82°34'21"
I ww.
O ILL u -I Z
o C15 20.00' 3.42' 9°47'45" C38 20.00' 31.42' 90°00'00" C149 48.00' 6.22' 7°25'39"
40'RIW �' o
N0.16-78250-00 I C16 35.00' 35.85' 58°40'51" C39 20.00' 7.73' 22°09'25" C150 20.00' 31.42' 90°00'00"
CD ° " ° " ° "
C 17 35.00 27.33 44 44 31 C40 20.00 23.68 67 50 35 C 151 20.00 31.42 90 00 00
N STATE LAND C18 35.00' 27.49' 45°00'23" C41 20.00' 9.19, 26'20'13" C152 20.00' 12.87' 36°52'12"
I �
APN 104 07 0060
Z ' o ' " ' ' o ' " ' o "
EAST 114 CORNER C19 20.00 31.42 90 0000 C42 45.00 225.97 287 4246 C153 20.00 18.55 53 0748
SECTION 3,TOWNSHIP 1 SOUTH,
RANGE 8 EAST C20 20.00' 12.87' 36°52'12" C43 20.00' 28.41' 81°22'33" C154 20.00' 12.87' 36°52'12"
o I FOUND BRASS CAP FLUSH
6' I C21 20.00' 18.55' 53°07'48" C44 45.00' 13.18' 16°47'01" C155 20.00' 18.55' 53°07'48"
N 40'RIW
NO.16-78250-00 C22 20.00' 31.42' 90°00'00" C45 45.00' 39.96' 50°53'06" C162 83.50' 74.39' 51°02'33"
E 11 C23 20.00' 18.55' 53°07'48" C46 45.00' 172,82' 220°02'39"
� I � I
LL I GRAPHIC SCALE LINE TABLE
I -25 0 25 50 100
I 40'RIW I LINE DIRECTION DISTANCE Q
-� N0.16 78250-00
MATCHLINE SEE LEFT ( IN FEET ) Z
FOUND REBAR o I T.C.E.6 NO°15'27"W 518.43'
IV
1 INCH =50 FT
ACCEPTED I STATE LAND MATCHLINE SEE LEFT o T.C.E.7 N89°44'33"E 10.00' O Q
1 APN 104 07 0060 -T.C.E.12- o T.C.E.8 NO°15'27"W 37.81' Z
v �� O
�� I `" 40'RIW SHALL BE DEDICATED TO THE CITY OF u;' -
S76°23'16"E �♦ "' APACHE JUNCTION UPON FINAL PLAT RECORDATION , a , T.C.E.9 N89°44'33"E 10.00, �
0.69' 40.00, N89 47 24 E 1322.50 Z W4
1019.82' u, 302.68' ,,, T.C.E.10 NO°15'27"W 416.34'
FOUND REBAR FOUND REBAR _ Q
� z > > � o
NOT ACCEPTED > NEEDLE CANYON AVE Z 3S.V.T. z T.C.E.11 N89 4433E 25.00 w_
N89°47'24"E 1252.48' _ _ _ _ _ _ T.C.E.12 N89°47'24"E 1282.52' U
"`�`�� 4900 5516 _ 89°-4 'E2
--- - -- -- - --905.79'. TRACT N8T47'24"E680.00����� _ � - - -- -�� - ��7 --- --- -- _- - __ "E -' - _ - -__ -
-- ---- ---- -- - - --- --- - - - - __ - -_ - - 7-45- - _ - - - =__= ____ __=_ -__ _=_ __ - - _ - �\ - - - - 4500 - - - - - - - - - - 5565 T.C.E.13 NO°15'27"W 25.00' Q
- - - - - - - - - - - � 258. �N 3816 TRACT _ _
hho� 45.00'- 45.00' 45.00' 45.00' 45.00' 45.00' .00' 45.00' 45.00' 45.00' 45.00' 50.00' 45.00' 45.00' 45.00' \ ¢ I I 45.00' 92.51'
1 I 1 ' N45°12'36"W 35.36' � o 10.01' ° „
1 0 � c> I ° ' T.C.E.14 NO 1335 W 25.00
S.V.T. VNAE Lu I - Q I VNAE v� o
5� 33'x 33' TRACT 1 w �� 1 o v) \ N43 23 27"E 34.48' w
II I I � zl I I I I I I I I I I ¢ � � 1
0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z of ' I `� 1� I 1`D
10 > 10 10 10 10 10 10 10 10 10 10 10 1 > OI 33X33 � � co U rn o 0 0 �
t o 0 0 0 0 0 0 0 0 0 0 0 0 0 o M I o o LOT 18
w o_ 1!�! 1!�! 1!�! o_ 1!�! 1!�! 1!�! 1!�! o_ o_ o_ o_ o 0 o I S.V.T. I M CV MzLOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 o LOT 15 TRACT A 1' I o m z I MLOT 16 MLOT 17MAIF
cnLu rr� A- IM M M M M M M M M M M M M = MI C� N NV CV CV CV CV 04
C.0 N Lu VNAE I uj w N � LOT 19
1 �� \ 1Iz 1Z 1Z 1Z 1z 1z 1z 1z 1z 1z 1z 1z 1z 1z 1N z11 _ Q ep a 8' I 48.0' Iz o z o
of � TRACTR I� I� z � � �
898 II I I I I I I I I I I I I I I Z II > PUE TRACT 1i I C14 I C15 VNAE Of
w 1 �
So°12'36"E 13.24'
� - - -- - - - - - -- 4- - - - - - - - I - - - &PE _ vo �� - - - _ 'C16� S73°59'33"W 15.75' CL
45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 50.00' 45.00' 45.00' 45.00' 91.76' 20.53' 45.00' 38.35'
C'j z w
1 \ �162 MUSIC MOUNTAIN AVE 780.74' S89°47'24"W 97948' TRACT D o o 103.88' C11 c�� �� Nj6°2341"Eg1'31 U
VNAE �I- - - - - - - - - - - - - - - -
o6 Q -� q
-45.00'_-_45.00' - -_45.00'- -.45.00' - - 45.00'_- -45.00'_-- _45.00'_ -_45.00'- -.45.00' - - 45.00'_- -45.00'_-- _45.00'_ ii -47
203.59' _ _ -- ---- - 50.00' - - _45.00'- -_50.00'- --_45.00'- --50,00'_- 33.00'._Q9 �9 u LOT 2040'INGRESSIEGRESS AND P.U.E. Q C2_27.82' _ � 4. 1'
FEE NO.2005 070550,P.C.R. ¢ O I C2 6
TO BE EXTINGUISHED o 1 I S53°53'48"W 31.76' o o �I w w 1' o 0 0 0 0 ZDI v ° "
to O O O co - _ -
N I 1 0 0 0 0 VNAE f� w w o 0 0 0 o O I _ 89 47
ww o 0 0 0 0 0 00 00 co co 0
to tco
o to to to to to to I I I- `� a ul� I� I� I� I� 1
o 0 0 o 0 0 0 0 0 LOT 197 1 LOT 196 1 LOT 195 1 LOT 194 � 1 o LOT 192 LOT 191 LOT 190 LOT 189 LOT 188 28.0' 8'
co I <� O O O O O� O� O� O� O� O M I M I M I M CV 1 PARKING SPACES I o I co I co I M I M I M �I
LOT 207 1°° LOT 193 M TRACT o PUE o
�o I I o Z LOT 206 LOT 205 LOT 204 LOT 203 LOT 202 LOT 201 LOT 200 LOT 199 LOT 198 0 N o I SHOWN FOR REFERENCE ONLY 1 o LOT 21 0
Q O I LJU 1 O M co M M M M M M M O O O O O 1' ZI O O O O O L6
w V 1' CV CV CV CV CV CV CV CV Z Z 2-1
Z 1 M Z Z Z Z Z z I V &PE
1-►I� VNAE co
I z I Z I Z I Z I Z I Z I Z I Z I Z I VNAE I I o TRACT Q I I S89°47'24"W 100_01
Q o 1 II I I I I I I I I I 1 -45.00' 45.00_ 45.00'- --45_00' - 40.00 _ z 50.00- _ 45.00 _ 50.00 45.00 - 50.00 -45.00'
- - - - - - - TRACTS bm -1¢ n I I 20.00 S89°47'24"W 180.00' 1, 410' 45.00' N89°47'24"E g' NMI 1
pc "' 1 Q S89°4T24"W o - o Lo LOT 22 Lri
- - - - - - - - - - - - - - - - - - VNAE PUE o o Z
Lo O c•� w 10 _ Q o 0 0 0 0 o m o Lo v v _0
N "� M �, 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 - Q PARKING SPACES
z I� � > CD CD CD CD � �I o �' N
> SHOWN FOR REFERENCE ONLY 1
Z I 11 N II LOT 181 1 LOT 182 1 LOT 183 1 LOT 184 1 LOT 185 1 LOT 186 1 LOT 187 1 s89°4T24"W 100_03_ w o
T.C.E.9 .� � 1 w °o � 1EL
v o
1 II I I I I I I I I I I w Imo' IM I`"' I`� IM IM Imo' �I EL
Q z 1 11 1°�° 10 10 01 10 10 10 10 1 I TRACTS z o 0 0 0 0 0 0
1 M o LOT 23 w
O O O O O O O V I M > I Z Z Z Z Z Z Z 2 O O U
`� I LOT 208 LOT 212 LOT 213 LOT 214 LOT 215 LOT 216 � LOT 217 ° c24
Q I w � N LOT 209 � LOT 210 � LOT 211 � N I z 1 - 220.41' I 45.00' 45.00' 45.00' 50.00' 45.00' 50.00' 33.00' G��
O ol$ z I O N N w w GV N N N VNAE / / 1 - - - -
_ M M M M M M
w F I 1 z I o I o o I I o I o I o I o I z C29 N89°47'24"E 533.41' S89°4T24"W 100.04'
TRACT D BOULDER AVE
1 z z z a- z z z z II 104.62 - o c-> - - - - - - - `''
0 w I S41°32'30"E 11.83' C44 I I I I I I I 1 C35 ° g'�0'E1�5'25 C30 0 N89°47'24"E 567.41' Lo
0 1 Q
O 1 _ 41 C36 N�5 3 S89 47'24"W 533.41ED
r\jT.C.E.7 I __ _ _ __ _ _ _ __ _ ___ _ _ _ - ��. LOT w
1 �45 23.63' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 35.71'- 40.63 S,5°3g 40 w 145 25 145.25 C31_ _45.41'_ --50.00'_ - - 50.00'_ _50.00' -- --50.00'_ - - 50.00'_- - _50.00'- --50.00'_ - - 50.00'_- _50.00'- - 38.00'-
N I :0 ¢ �I BOULDER AVE N89°47'24"E 329.34' ° C33 C34 Sly°39'Q�W 1' 1 - _ - _ a
r o a / - o c, N89 47'24"E 293.91 TRACT D - C27 I S89°47'24"W 100.05'
1 C26 c o o
iw Q N 1 C6 VNAE o o C
od Q o w o 0 0 0 0 0 0 0 ,� zQ q O
6 Q z R BSI �g C48 S89°47'24"W 199.03' �233.03' 60.88' C32 TRACT B II o I� � I� I� I� I� I� I� I� I� �1 I � J O Z
m LOT 180 � LOT 177 QD LOT 176 co LOT 175 � LOT 174 � LOT 173 o LOT 172 o LOT 171 M 1 0 o w
oz T T C 26.57_ 45.00_-,45.00', -- 45.00 - 37,46 _ c� __ _�' 1� IM_ IM IM IM IM IM IM IM IM °„ o 0 0 � < O
' I LOT 179
Q o a �9c c47 c3 z M o o LOT 178 0 0 0 0 0 0 o Z I LOT 25 Ln ! Q
''' O 1 G� - - - C,�'1 PARKING SPACES Q 1 o a
1 / z z z Z z z z z z 1 1
°O z I I / I I I I C4 I S89°47'24"W 26.88' SHOWN FOR REFERENCE ONLY I Z VNAE
I - _ - _
R S89°47'24"W 100.07'
J O 1 \ Q / O O w O O "'
o l o `� l o I o PUE E'Irl 8' - _ N89°47'24"E 130.00' - - -50.00' - -50.00' - 50.00' 50.00' 50.00' -50.00 - -50.00 - 50.00 - 50.00 - 50.00 o I and
Z o o O O NI I PUE
1 \\ / I L � 0 1 45 00, 45.00 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' o o ��
w LOT 222 LOT 221 LOT 220 LOT 219 I 1 &PE
1 LOT 26
�4s � M M M coM LOT 218 VNAE VNAE p �� 48680�0
•� Q 1 ` I co 1 1 O � V I O O O O O O O O O O O O O I 0 n '
a t o t o t o t o I o 1 LOT 170 I S89 47'24 W 100.08 DURAN T.
N O o o o o O O O O O O O O o TFi �,i t - - THOMPSON
z z z z I I I LOT 159 °� `� `� `� `� `� `� `� `� o
,,; ' a I TRACTA 1I� I I I I of �I I� �I I� I� I� I� I� I� I� I� I� I� I� �I o ¢ o.
1 S45°14'02"E 35.37' 11 o w w z I SO
28 0' I PARKING SPACES �11 LOT 157 1 o LOT 158 Co 1 1 o LOT 160 1 Qo LOT 161 1 o LOT 162 1 o LOT 163 1 o LOT 164 1 o LOT 165 1 co LOT 166 1 co LOT 167 sl� 1 co LOT 168 1 co LOT 169 10 o
;i ~ l 33'x 33' I SID
z o Lu I I TRACT I SHOWN FOR REFERENCE ONLY �„ I �, �, a
M CV CV CV CV CV CV CV CV CV CV N CO O O fs ^Sd •�'•'
� � � �
u, I \ S.V.T. __ 5.00'_ -45.00' 45.00- - - 45.00'- -45.00' - I I TRACT B 0 1 � z o LOT 27 q s�
_ z z z z z z z z z z z z z z C155 = R/2pN V
00 S89°47'24"W 225.00' - - - _ 1 1 149 - - -- - _ - - C154 �
C53 -- ---- ---- - -- - -- --- ,,, - - - - -- - -- -- - - -- - - -- I� S89°47'24"W100.09'
00 0 h0 0 1 VNAE _ Q / 38.79' 45.00 45'00' 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 33.00 ��h0 _ _ _ _
33.12' G 2 205.48' z N89°47'24"E 611.79'
DESIGNED DTT
5� cs ¢ I ��� _ o �_DUTCHMAN'S TRAIL AVE TRACT D-ct _ _ _ _ 1 DRAWN AGY
DUTCHMAN'S TRAIL AVE TRACT D o w 1 s89°47'24"w 80.00' /�' �`°h N 0 N89°47'24"E 645.79' � LOT 28 0
,, _ _ S8947'24"W611.79 �, CHECKED DTT
1 - - - N89°47'24"E 402.34' >- - 1 - -__ - I ��o - - - -- -- - -
c� _38.79'- 45.00'-- 45.00'_- 45.00'_ 45.00'- 45.00' - 45.00'-- 45.00'_- 45.00'_ 45.00'- 45.00' - 45.00'-- 45.00'_- 33.00'_ �s� 1 DATE 8-21-2020
N I " LOT 129 o ? 1 C147 - - -- -- C152 0 -S89°47'24"W 100_10'
¢ o o "51 C153 o I SCALE 1" = 50'
303.32' p o o ¢ C146
Q Cs7 �. 1 0 I I 1 b b o 0 0 0 0 0 0 0 0 0 0 1 I o o PROJECT 180805
0 0 0 0 0 0 0 0 0 0 0 o O rn
---- -- --- ---- ---- --- ---- ---- VNAE I I o O o u, O O O o 0 0 0 0 0 o O
\ I ° 1 I Y VNAE I I I I I I I I I I VNAco co co co co oo co co co co - o FILE NAME Final Plat
S44°45'58"W 35.34' ¢ S89 47 24"w 80.0o I I ¢ 1i 1 LOT 155 1 LOT 154 1 LOT 152 LOT 151 LOT 150 LOT 149 LOT 148 LOT 147 LOT 146 LOT 145 LOT 144 = 1' LOT 29
w = ''� o LOT1561_ I_ MI I_ I_ I_ I_ I_ I_ I_ I_ I_ MI
_ Q 0- O 1 O M M M M M M M M M M M LOT 143 1
M o LOT 153 `v o VNAE SHEET
40'INGRESSIEGRESS AND P.U.E. 33'x 33' > 1 z 1 1 1 6' o 0 0 0 0 0 0 0 0 0 0 0 0 o 1 S89°47'24"W 100.12' VNAE
O C+'J LV
TRACT C o f o o z z z z z z z z z z z z z o - _
FEE NO.2005-070550,P.C.R. S.V.T. 1 o oI 1 1 z o �1
TO BE EXTINGUISHED VNAE 1 1 LOT 128 1i I 1 TRACT 0 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' Z TRACT N
O
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00
MATCHLINE SEE SHEET 3 Z of 3
CD
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00
00
00
MATCHLINE SEE S H E E T 2
50.00' 45.00' -50.00' 45.00' 50.00' 50.00' 50.00' 45.00' 50.00' 45.00' 50.00, 45.00' 50.00, I o LOT 30 0 �' M O
rT S89°47'24"W 80.00' I I 5.00 1
TRACT C _ _ _ _ U
1 � I _ I 1FI
g I VNAE I cD CD cD � � o f �I S89°47'24"W 100.13' �I N 00
cn o_ _o 0 0 0 0 0 0 0 0 0 0 0 0 1�■I
LOT 127 0 I oD co oo co co co co o I 1' �=
w � .� I , LOT 133 o
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z I M i 4 I - LOT 130 LOT 131 LOT 132 M o - Q o VNAE
M I m M I _ w w M LOT 134 LOT 135 LOT 136 LOT 137 LOT 138 LOT 139 LOT 140 LOT 141 LOT 142
> N o i n ' M a- I- IM IM IM IM IM IM IM IM N .l, z LOT31 .,; X •�
O S89 47 24 W 80.00' 11 I N N N MZD N N N N N N N N N o I A l
1' S89°47'24"W 135.00' 1 1' z C142 z z z z z z z z z z z z z N 1 LU > LL
N 20'INGRESSIEGRESS AND P.U.E. - - - - - - - - I co
z I VNAE I I� I - - - - -
VNAE 20'INGRESSIEGRESS AND P.U.E. FEE N0.2005 070550,P.C.R. - 1 VNAE�I C141 C16 0 _S89°47'24"W 100.14' •i O
FEE N0.2005 070550,P.C.R. TO BE EXTINGUISHED 45.00' 45.00' 45.00' I o o _ - _ - _ _ _ -_ _ -- -- - _- - - - - - - -_ - -_ - _ z 0
I I Co o LOT 126 o II I o c 48.79'• �45.00'� '50.00' 45.00' 50.00' 50.00' 50.00' 45.00' 50.00' 45.00' 50.00' 45.00' 38.00'
w I TO BE EXTINGUISHED 1 v �, N �3� ° G��'1 161 0 TRACT T- -� o • L
c�I 1' I o o u 1 II I °, N89 47'24 E 611.79 ° TRACT D - __- - - - - O N 04 O
~ I VNAE I o LOT 225 oo ti I Q I S89°47'24"W 80.00' 1 _ - - N Q- � - -S89 47 24 W 679.79'- - - - - - I S89°47'24"W 100.15' �I to Lid ' N
Ilo I Qo I� III1 N o I 1 BLUFF SPRING AVE ° �.I O
�,, ,,, I LOT 224 El> I LOT 223 I v I o o S89 47 24 W 611.79' I o o (� LO
Ri oo z z Z I 1 � o LOT 125 o II' o � 0, _38.79'- - 45.00'. - -45.00'_- -45.00'_ 45.00'_ -_45.00' - - 45.00'. - -45.00'_- -45.00'_ - _45.00'- -_45.00, - - 45.00'. - -45.00'_- 33.00'_ c,s6 LOT 32 Z W O Q
"'I = � 140 C15 I O
0 9c� __ _ _ ___ _ _C58 _ I "'I � I C139
" ~ I 34.77' 45.00' 45.00' 35.23' S89°47'24"W 80.00' o 0 0 0 0 o 0 0 0 0 0 0 0 o S89°47'24"W 100_16' 00
Z I - o 0 0 o w o 0 0 0 0 0 0 0 0 1' I C 158 L LJ _
O Q �1 rn o 0 0 0 o 0 0 0 0 0 0 0 0 � Q
1 160.00' G55 C57 8, z1 z I �� I I I coI I I I I I I I I I� VNAE 1 1, 1 (� O (�
o I TRACT D o �, - S89°47'24"W 194.00' �- I 1' LOT 123 LOT 122 LOT 121 LOT 120 It LOT 119 ED LOT 118 LOT 117 LOT 116 LOT 115 LOT 114 LOT 113 "o LOT 112 LOT 111 LOT 110 I o � CV
w w PUE Iml `� IC9 IC9 IC9 I I_ _ I_ I_ I_ I_ I_ I_ I_ - VNAE LOT33 o n� I '�I
V`° -`� BLUFF SPRING AVE O OI VNAE IM M M M M co M M M M M M M M O MI O I O V r 0- ••u
N N N N CV N N N N N N N N N_ � �27
160.00' &PE LOT 124 II I I z 8' z z z Z z z z z z z Z Z Z o
.o () o 0 0 0 0 0 0 0 0 0 0 0 0 0 o
IQ i v�� _35.00'- - 45.00'_ -_45.00'_ -35.00' 7-11
cs6 ° I 1 ¢o PUE TRACT M z I S89°47'24"W 100_17'
w J v C64S89 47 24 W 80.00' � I 28.0 8
Q I C6 - - 1 _ _45.00' _45.00' 45.00' _ 45.00' _ 45.00' _ 45.00' _ 45.00' 45.00' _ 45.00' 45.00' 45.00, 45.00'_ 45.00' 45.00'
IIIM C65 0 0 o M I I 59 I I ¢ 1 50.00' 45.00' 50.00' 45.00, 50.00' 50.00' 50.00, 45.00' 50.00, 45.00' 50.00, 45.00' 50.00' ' TRACT o PUE o
28.0' cow o co O , I I w o I 8 0 &PE o
PUE TRACT I I LOT 229 I 1 LOT 227 I LOT 226 III 28.0 LOT 96 III I I 5.00' PUE I LOT 34
m 1 &PE 1 0 111`' cl>N I LOT 228 I N I N M I I TRACT �, I I o TRACT L o 0 0 o a o 0 0 0 0 0 0CD
z o �, �„ o 0 0 0 0 0 0 0 0 0 0 0J- -
Cloo l I S89°47'24"W 100,19-
T.C.E.5 J o I I to �I I o I I 1= LOT 101 _ _ _ _
1 J o0 00 0o ao 0o 0o oo oo 00 00 00 ao
o o zl z Iz z o o I S894724W80.00' w IN I� I� I� �I I� I� I� I� I� I� I� I� N
o I!z I I ¢ - - I I I LOT 97 Co LOT 98 Co LOT 99 Co LOT 100 ct co LOT 102 cn LOT 103 co LOT 104 co LOT 105 QD LOT 106 QD LOT 107 QD LOT 108 LOT
z I N TRACTU TRACTV �' p $ 28.0' 1 IIo IM IM IM MI _ w IM IM IM IM IM IM I`' ID
Eo I o
�p Qo N N N N CD N N N N N N N N
3: zo I I" I 45.00' 45.00' 45.00' 45.o0' I Y I PUE�1~ TRACT Z 1' LOT 35 Ln
co o N o 0 0 0 0 0 0 0 0 0 0 oc�
co :� _ TRACT C I ¢ o - - - - - - - - o o I VNAE z z z z z z z z z z z z C112 � 11*1
z o I < o z 8' 8' ¢ .n LOT 95 &PE�I �, - ~
C' I _ C135 _ _ _ __ __ _ __ _ _ _ _ _ _ __ _ _ _ C113
w Q I I Y PUE PUE w I 1 `� �p6 48.79'� �45.00'• '50.00' 45.00' ,,, 50.00' 50.00' 50.00' 45.00' ,,, 50.00' 45.00' 50.00' ,,, 45.00' 38.00I S89°47'24"W 100.20'Jio I v IIM o 0 o M 1 z I S89°47'24"W 80.00' ! \ �'>3? z Io o 0 0 1- o - - > 611.79� o I I� � � r-I I o J I I c, TRACT D ° MONUMENT CANYON AVE I I LOT 231 o S89 4T24"W 645.79 w o oo
o w I o I I� LOT 230 co co LOT 232 co LOT 233 MI I o II 81.79' N 1ss.00' 1ss.00' TRACT J 18s.00' TRACT I M LOT 36cow = I N I M M I _ w I M I M - I N o \ 47.79 120.00' 120.00' 120.00'.6 I I N ao mi N N I I C76 LOT 94 � c,w - z o o 1' _ _ _ C131 _ �6 C,`' _ C128 _ _ _ C125 _ ��p c,`�� C1-2 C116 �y C, C119 op
- - - - - - - - - - - - - - -
w
o ° ° ° ° ° ' - - N8 o - a' S89°47'24"W 100.21'
co '¢ No°12'36"W 28.00' > I I I z C68 z z z C7 z `E3 73.90' VNAE N89 47 24 E 76.00' N89 47'24 E N89 47 24 E N89 47 24 E N89 47'24"E I N89 47 24 E N89 47'24 E _
o eO / C69_ ___ _ C78 _ S89 47 24 W o
T.C.E.3 v ---- - - - - C130 ¢ ( 76.00' 76.00' 123 76.00' 76.00' ¢ 76.00' 76.00' 1
- 35.00 45.00'- 45.00 35.00 G11 = I o i C129 LOT 79 _ w o w w w o C117 o C11 s _ w o C11 '
LL I 66.82' 160.00' �� o LOT 93 o Y o z o a LOT 78 0 o LOT 65 Z LOT 64 0 o z o I Q o LOT 37 0 ~
1 100.82' 194.00' o u c,� 1'- 06w II � a cn TRACT K I C124 Q � I U) co LOT 51 I LOT 50
VN � Z II 1 I I 1 o I I 1 1 I 1
287 gg ;0p Em,
MONUMENT CANYON AVE Ss9°47'24"W 294.sz' TRACT D C70 �1 �� AF - - _ _ _ _ o N _ _ _ _ J ° - - ° _ _ Q S89°47'24W 100.23'-
o - _45.00'- -.45.00' - - 45.00'_ - 45.00'_--_45.00'- 17.99' ��tk i 1 N89°47'24"E 80.00, N89°47'24"E 80.00' N89°47'24"E 80.00' v ¢ N89°47'24"E 80.00' N89°47'24"E 80.00' 1 N89 47 24 E 80.00 N89 47 24"E 80.00 1 1 ¢
45.00'
o- � I Lr- - �c�3 I I w I I ¢ � I I z
I o o � I o 0 0 � l o 0 o ml o 0 0 0 0 0 z
N58°23'59"W 18.14' l o LOT 92 LID LOT 80 o I LOT 77 0 w o LOT 66 I LOT 63 o LOT 52 I LOT 49 _ o LOT 38 0 1�-� o
11 I I I I I I II I"'N 1 V � V V V z d- V V a N
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M VNAE _ _ _ _ _ _ _S89 47 24 W 100.24'_ Q
c1q :Zr
1 I o LOT 241 LOT 240 LOT 239 LOT 238 o N89°47'24"E 80.00' N89°47'24"E 80.00' N89°47'24"E 80.00' N89°47'24"E 80.00' 8' 28.0' 8' N89°47'24"E 80.00' C9
LOT 237 LOT 236 LOT 235 LOT 234 I z
I� E0 E0 E0 coN N N N E0 E0 N N co I I I I N I PUE TRACT 1�PUE I N I M o 0
co o
LOT 48 LOT 39
NIO o N o of o N o of &PE I I �I a o o .� o
" I �I VNAE I� IZ II Rio LOT91 o I o LOT81 0l LOT76 o I LOT67 0l Io `� I o � 00 $ Q o II Iz Iz Iz zl Iz Iz I I N M coN `f' LOT62 0 IZ0 - LOT �I zo- `�, �' o w w Z
TRACT B I �' N c� �,
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v o 1 z N89°47'24"E 80.00' Z N89°47'24"E 80.00, N89°47'24"E 80.00, z N89°47'24"E 80.00, "' N N89°47'24"E 80.00'
45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00, - - - - - - - - - - - - - M
1 ¢ _ _ _ _ _ _ C I _ 28.0' �� 8 _ 28.0' 8' N89°47'24"E 80.00' I M I N89°47'24"E 80.00' g 28.0' I 8 w
PUE TRACT PUE _I PUE TRACT PUE I � I PUE TRACT o PUE o o _M M
1 o I I o II o &PE o I I I &PE o o 0 0 0 0 0 l o o LOT 40 o v'
I I LOT 61 Z �; LOT 54 �, �, &PE ¢
LOT 90 I LOT 82 z II I I I I I I I II Z IL-7,
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o I 1 S89°47'24"W 100.27_ Q
I ooO o 0 0 00 89°47'24"E 80.00' N89°47'24"E 80.00' N89°47'24"E 80.00' N89°47'24"E 80.00' N89°47'24"E 80.00' N89°47'24"E 80.00' N89°47'24"E 80.00'
~ VNAE I o LOT 242 LOT 243 LOT 244 LOT 245 LOT 246 LOT 247 LOT 248 LOT 249 o I PARKING SPACES 11 I o I I I I I I �I I I� N o
SHOWN FOR REFERENCE ONLY I, Lu w I Eo _ I U � w I M
Iy I N CV N N N N N I O _ Q - Q O - Q O - Q O O C107 LOT 41 0Lo rT•,
,_,_, LL, � � � o Z Q v z o � c Z v ¢ � z w w v ° v I■`I
o o I I o I o I o I o I o 75.14' w o > LOT 89 LOT 83 > o w LOT 74 LOT 69 > o w LOT 60 96 LOT 55 > LOT 46 I N71 48'14"E 22.35'
z z z z z z Z II_ Q _ -< I I Lo - -< I I - Q I
�\\ I I I I I 1 I I 16.39' II z (VNAE) z r- z C90 z 97 o ° '
> >I 77.41 C83 C84 77.41, > 77.41 C89 77.41' > 77.41 C95 ( 77.41 77.41' C10 S89 4724"W73.72
33 x 33 \\ (VNAE) _ N89°47'24"E I _N89°47'24"E _ _ N89°47'24"E I _N89°47'24"E _ -_ N89°47'24"E_ I _N89°47'24_E - N89°47'24"E_
S.V.T. \ I - 45.00' 45.00' 45.00' 45.00' 45.00' 4--45.00' 45.00' 45.00' I �176.59' C82 �o cp --C85- - - -- egg- �� cps C91 C94 G�Z cy3 C9 G�� 1 C106 o w
M 544.57' G 120.00' G 120,00' 120.0o' LOT 42 o 0
I - CL
S45°14'02"E 35.37' - - o - 643.56'- - HOUSTON AVE - - TRACT F 188.00' - TRACT G 188.00' - - 154.00' � ¢ C,`�Oof
~ 110325 S89°47'24"W 1173.56' TRACT D TRACT H N z c101 c>��� / ° _ z w
S89 47 24 W 79.14
-_45.00'- - 45.00',- 45.00'_- _45.00'_- -_45.00'_ -_45.00'- - 45.00'.- - --_95.50'- -- - 45.00'. - 45.00'_- _45.00'_-- _45.00'_ -_45.00'- - 45.00'. - -45.00'_- _45.00'_-- _45.00'_ -_45.00'- -.45.00'. - -45.00'_- 45.00'-
33'x33' � /�N89'47''24'E - - _45.00'_ 1 J t
S.V.T. ' 1' 1' 1' 1.16'
56.61 I S61°01'33"E 21.22' VNAE U �
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- o o 025 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
oL o EXCEPTION O o 0 0 0 0 o I o I o 0 0 o O O O O o 0 0 0 0 0 0 ,r; * m
NOT APART -o CONVEYANCE TO APACHE JUNCTION o
- LOT 256 LOT 255 LOT 254 LOT 253 LOT 252 LOT 251 LOT 250 I TRACT E I LOT 88 LOT 87 LOT 86 LOT 85 LOT 84 LOT 73 LOT 72 LOT 71 LOT 70 LOT 59 LOT 58 LOT 57 LOT 56 LOT 45 LOT 44 LOT 43 * o WATER DISTRICT FOR FUTURE WELL SITE w
LIFT STATION TO BE O M cM E0 E0 E0 E0 E0 M E0 E0 M E0 cM CM CM CM Eo Eo Eo M Eo Eo M cCD r%Q .
CONVEYED TO THE $ N <V N N N N_ 1 N N N N N N N N N N N N N_ CV N N_ CV
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T.C.E.1 S89'47'21 PY 1200.26'
WEST 114 CORNER w w STATE LAND Lu FOUND
OACCEPTEDR f�� FOUND REBAR N
SECTION 3,TOWNSHIP 1 SOUTH, z z APN-104-07-0060 ` z
a, RANGE 8 EAST o :if it 58 E 35.34 > >
.N FOUND IRON PIPE �I ' � , EAST 114 CORNER �
NO°46'58"E f SECTION 3,TOWNSHIP 1 SOUTH, z
� N• RANGE 8 EAST w
`" S89'47'21�W 40.00' 0.37 �� FOUND BRASS CAP FLUSH
EL
aj
I CENTER OF SECTION 3 FOUND REBAR
NOT ACCEPTED
Q TOWNSHIP 1 SOUTH,RANGE 8 EAST CURVE TABLE CURVE TABLE CURVE TABLE CURVE TABLE CURVE TABLE w
Q FOUND REBAR p
NT CURVE# RADIUS LENGTH DELTA CURVE# RADIUS LENGTH DELTA CURVE# RADIUS LENGTH DELTA CURVE# RADIUS LENGTH DELTA CURVE# RADIUS LENGTH DELTA
SOUTH 114 CORNER
SECTION 3,TOWNSHIP 1 SOUTH, I C55 20.00' 31.42' 90°00'00" C75 35.00' 27.49' 45°00'35" C95 20.00' 10.29' 29°29'02" C115 20.00' 31.42' 90°00'00" C135 20.00' 1.21' 3°27'16" ¢
RANGE 8 EAST
oN FOUND BRASS CAP FLUSH C56 20.00' 31.42' 90°00'00" C76 35.00' 9.82' 16'04'16" C96 20.00' 10.29' 29°29'02" C116 20.00' 18.55' 53°07'48" C136 20.00' 30.21' 86°32'44" w
o
N Q
N GUADALUPE ROAD(ALIGNMENT) C57 20.00, 21.21' 60°45'55" C77 20.00' 31.42' 90°00'oo" C97 20.00' 21.12' 60°30'58" C117 20.00' 12.87' 36°52'12" C137 20.00' 31.42' 90°00'00"
0 o
C58 20.00' 10.20' 29°14'05" C78 20.00' 10.47' 30°00'00" C98 20.00' 31.42' 90°00100" C118 20.00' 12.87' 36°52'12" C138 20.00' 31.42' 90°00'00" z
3
C59 20.00, 20.94' 60°00'00" C79 20.00' 20.94' 60°00'00" C99 20.00' 21.12' 60°30'58" C119 20.00' 18.55' 53°07'48" C139 20.00' 25.11' 71°55'32"
Q
ov C60 20.00' 10.4T 30°00'00" C80 20.00' 31.42' 90°00'00" C100 20.00' 10.29' 29°29'02" C120 20.00' 31.42' 90°00'00" C140 20.00' 6.31' 18°04'28"
C61 48.00' 75.40' 90,00,001, C81 20.00' 31.42' 90°00'00" C101 34.00' 15.45' 26°02'28" C121 20.00' 31.42 90,00,001, C141 20.00, 1.21' 3°27'16" °"d S
C62 34.00' 53.41' 90°00'00" C82 20.00' 21.12' 60°30'58" C102 35.00' 86.80' 142°05'15" C122 20.00' 18.55' 53°07'48" C142 20.00' 30.21' 86°32'44" �� ` 48680 ' o
° o ° ° ° DURAN T.
C63 20.00 31.42 90 0000 C83 20.00 10.29 29 2902 C103 34.00 15.46 26 0247 C123 20.00 12.87 36 5212 C156 20.00 31.42 90 0000 THOMPSON
a moo:
C64 20.00' 10.47' 30°00100" C84 20.00' 10.29' 29°29'02" C104 35.00' 29.82' 48°49'09" C124 20.00' 12.87' 36°52'12" C157 20.00' 31.42' 90°00'00"
C nod
UF
u, C65 20.00' 20.94' 60°00'00" C85 20.00' 21.12' 60°30'58" C105 35.00' 23.37' 38'1655" C125 20.00' 18.55' 53°07'48" C158 20.00' 18.55' 53°07'48" gR�20N VS
0
00
00 C66 20.00' 31.42' 90°00'00" C86 20.00' 31.42' 90°00'00" C106 35.00' 28.68' 46°56'35" C126 20.00' 31.42' 90°00'00" C159 20.00' 12.87' 36°52'12" LINE TABLE
i
DESIGNED DTT
C67 20.00' 31.42' 90°00'00" C87 20.00' 31.42' 90°00'00" C107 35.00' 4.92' 8°03'36" C127 20.00' 31.42' 90°00'00" C160 20.00' 12.87' 36°52'12" LINE DIRECTION DISTANCE DRAWN AGY
iv C68 20.00' 20.94' 60°00'00" C88 20.00' 21.12' 60°30'58" C108 20.00' 31.42' 90°00'00" C128 20.00' 18.55' 53°07'48" C161 20.00' 18.55' 53°07'48" T.C.E.1 S89°47'43"W 25.00' CHECKED DTT
DATE 8-21-2020
C69 20.00' 10.47' 30°00'00" C89 20.00' 10.29' 29°29'02" C109 20.00' 18.55' 53°07'48" C129 20.00' 12.87' 36°52'12" C163 34.00' 53.41' 90°00'00" T.C.E.2 N0°15'27"W 383.80' SCALE 1" = 50'
Q PROJECT 180805
' C70 20.00' 10.20' 29°13'19" C90 20.00' 10.29' 29°29'02" Clio 20.00' 12.87' 36°52'12" C130 20.00' 12.87' 36°52'12" C164 34.00' 53.41' 90°0000 T.C.E.3 S89°44'33"W 10.00,
0
FILE NAME Final Plat
� C71 35.00' 90.71' 148°29'32" C91 20.00' 21.12' 60°30'58" C111 20.00' 31.42' 90°00'00" C131 20.00' 18.55' 53°07'48" T.C.E.4 No°15'27"W 67.72' GRAPHIC SCALE
`u -25 0 25 50 100 SHEET
E
C72 20.00' 1022' 29°16'14" C92 20.00' 31.42' 90°00'00" C112 20.00' 18.55' 53°07'48" C132 20.00' 31.42' 90°00'00" T.C.E.5 N89°44'33"E 10.00'
C73 35.00, 18.01' 29°28'46" C93 20.00' 31.42' 90°00'00" C113 20.00, 12.87' 36°52'12" C133 34.00' 53.41, 90°00'00" T.C.E.6 No°15'27"W 518.43' IN FEET
0 1 INCH =50 FT 3 O
�'j
o 3
C74 35.00' 35.39' 57°55'56" C94 20.00, 21.12' 60°30'58" C114 20.00' 31.42' 90,00,001, C134 48.00' 75.40' 90°00'00" 1
1
N
u-
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
= Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No. 5.
Piz File ID: 20-557
Sponsor: Janine Solley Agenda Date: 11/17/2020
Index: In Control: City Council Meeting
Presentation of proclamation designating Saturday, November 28, 2020 as "Small Business
Saturday". The Chamber of Commerce will accept the proclamation.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
r
vroclam tion
SMALL BUSINESS SATURDAY
NOVEMBER 28,2020
WHEREAS, the City of Apache Junction, Arizona celebrates our local small businesses
and the contributions they make to our local economy and community;
according to the United States Small Business Administration, there are
currently 30.7 million small businesses in the United States, they represent
99.7 percent of all firms with paid employees in the United States, are
responsible for 64.9 percent of net new jobs created from 2000 to 2018; and
WHEREAS, small businesses employ 47.3 percent of the employees in the private sector
in the United States, 96 percent of consumers who shopped on Small
Business Saturday*' agree that shopping small, independently-owned
businesses supports their commitment to have a positive social, economic,
and environmental impact and 97 percent of consumers who shopped on
Small Business Saturday agree that small businesses are essential to their
community; and
WHEREAS, the City of Apache Junction, Arizona supports our local businesses that
create jobs,boost our local economy and preserve our communities; and
WHEREAS, advocacy groups as well as public and private organizations across the
country have endorsed the Saturday after Thanksgiving as Small Business
Saturday.
NOW, THEREFORE, I, Jeff Serdy, Mayor of the City of Apache Junction, Arizona, do
hereby proclaim November 28,2020 as
SMALL BUSINESS SATURDAY
and urge the residents of our community, and communities across the country, to support
small businesses and merchants on Small Business Saturday and throughout the year.
Signed and attested to this day of
JEFF SERDY
Mayor
ATTEST:
JENNIFER PENA
City Clerk
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ
U =i 85119
Agenda Item No.6.
�Piz oN* File ID: 20-580
Sponsor: Agenda Date: 11/17/2020
Index: In Control: City Council Meeting
Presentation of proclamation designating November 2020 as National American Indian Heritage
Month. Daughters of the American Revolution will accept the proclamation.
City of Apache Junction,Arizona Pagel Printed on 6/16/2026
r
Vrorlam tton
NATIONAL AMERICAN INDIAN HERITAGE MONTH
NOVEMBER 2020
WHEREAS, the history and culture of our great nation have been
significantly influenced by American Indians and indigenous
peoples; and
WHEREAS, the contributions of American Indians have enhanced the
freedom,prosperity and greatness of America today; and
WHEREAS, their customs and traditions are respected and celebrated as
part of a rich legacy throughout the United States; and
WHEREAS, as Native American Awareness Week began in 1976 and
recognition was expanded by Congress and approved by
President George Bush in August 1990, designating the month
of November as National American Indian Heritage Month;
and
WHEREAS, in honor of National American Indian Heritage Month,
community celebrations as well as numerous cultural, artistic,
educational and historical activities have been planned.
NOW,THEREFORE, I,Jeff Serdy,by virtue of the authority vested in me as
Mayor of the City of Apache Junction do hereby proclaim November as the
NATIONAL AMERICAN INDIAN HERITAGE MONTH
in the City of Apache Junction and urge all our citizens to observe this
month with appropriate programs,ceremonies and activities.
Signed and attested to this day of 2020.
JEFF SERDY
Mayor
ATTEST:
JENNIFER PENA
City Clerk
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ
U =i 85119
Agenda Item No. 7.
�Piz oN* File ID: 20-600
Sponsor: Jeff Serdy Agenda Date: 11/17/2020
Index: In Control: City Council Meeting
Announcement of current events from mayor and councilmembers.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
= Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No.8.
Piz File ID: 20-601
Sponsor: Bryant Powell Agenda Date: 11/17/2020
Index: In Control: City Council Meeting
City Manager's Report.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ
U =i 85119
Agenda Item No. 9.
�Piz oN* File ID: 20-558
Sponsor: Agenda Date: 11/17/2020
Index: In Control: City Council Meeting
Presentation and discussion with Denise Hart, CEO/President of the Apache Junction
Chamber of Commerce, on the operation of the local visitor information center.
City of Apache Junction,Arizona Pagel Printed on 6/16/2026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ
U =i 85119
Agenda Item No. 10.
'+'Piz oN� File ID: 20-573
Sponsor: Larry Kirch Agenda Date: 11/17/2020
Index: In Control: City Council Meeting
Presentation and discussion on the Planning and Zoning Commission's recommendation on
amending cargo container regulations in the city's zoning code.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
Old Buseiness Item
P &Z Commission recommendation on amending
cargo container regulations in the zoning code
City of Apache Junction
Council Meeting
November 17,, 2020
Cargo Container Options
• Currently permitted only in RS-GR zoning and if 1 . 25
acre parcel :
1 ) leave 2014 provisions in place
2 ) Allow in all zoning districts, set new standards,
limit size, limit number
3 ) Keep only in RS-GR but eliminate 1 . 25 acre min
requirement
4 ) Keep only in RS-GR but limit to ? ? ? certain
minimum parcel size .
P&Z Commission Evaluation 4- 14-2020
Legislative history of the regulation of cargo containers
( 1) Ordinance #630 CC Minutes 06071988
(2) Ordinance #1302 CC Minutes 10022007
(3) Ordinance #1365 CC Minutes 11062007
(4) Cargo Container Regulations - CC Minutes 01152008
Updated per Ord . 1365 CC Minutes 02052008
(5) Cargo Container Regulations in CC Minutes 02192008
Zoning Ordinance per Ord 1402 CC Minutes 09072010
P &Z Commission Recommendation :
March 141, 2020 Regular P &Z Meeting :
Leave 2014 provisions in place
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
= Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No. 11.
PizoNr File ID: 20-546
Sponsor: Raquel Schatz Agenda Date: 11/17/2020
Index: In Control: City Council Meeting
Presentation, discussion and consideration on the extinguishment of a federally patent
easement located at Smoketree Street from Tomahawk Road to Vista Road for the purpose of
alleviating setbacks so that Filly's Roadhouse can rebuild/repair the duplex which was
destroyed in a fire.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
Public Works Department
�. Home of the Superstition Mountains
Date: November 2, 2020
To: Honorable Mayor and Members of the City Council
Through: Bryant Powell, Assistant City Manager
Mike Wever P.E., Public Works Director
From: Raquel Schatz, Project Engineer
Subject: Federal Patented Easements
Proposed Resolution No. 20-33
Smoketree Street from Tomahawk Road to Vista Road
BACKGROUND
Federal Patented Easements "FPEs" are the means whereby properties are accessed by citizens
in portions of Apache Junction to mitigate the need of local government to acquire right-of-way
for access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33
feet on each side of common parcel lines.
EXISTING CONDITIONS
Smoketree Street from Tomahawk Road to Vista Road has never been maintained by the city.
The roadway alignment is not classified as a local roadway. In addition, the FPE does not
provide access to any parcels which would be landlocked in the event of extinguishment. Area
transportation would not be adversely affected by an extinguishment of these portions of the
roadway easement.
PURPOSE
Robert Fusaro, owner of Filly's Roadhouse, filed an application for the extinguishment of the
above mentioned portions of roadway easement on August 24t", 2020. The applicant owns the
south abutting parcels.The property owners desire the use of the south 33 feet to
rebuild/repair a duplex that was destroyed by a fire. More than 50% of the duplex was lost due
to the fire and in order to rebuild/repair, it is now considered new construction which per city
code can no longer be located within a FPE.
On June 151", 2020, Develoment Services Director, Larry Kirch, and City Engineer, Emile Schmid,
did a presentation on "Public Policy Implications for Long-Range Transportation Planning with
Federally Patented Easements" and this particular site falls under the category of "Commercial
Development/Redevelopment" in which an extinguishment is recommended by staff.
575 E. Baseline Avenue, Apache Junction, AZ 85119
• Voice (480) 982-1055 • Fax (480) 982-8005
Public Works Department
L,41� ialAlmotelui
H r Home of the Superstition Mountains
PROCESS
Once the easement has been extinguished then the property owner can apply for a building
permit to rebuild the fire stricken structure.
RECOMMENDATION
Staff recommends extinguishment of the FPE on Smoketree Street from Tomahawk Road to
Vista Road.
ACTION REQUIRED
After tonight's presentation and discussion this item will be placed on Consent Agenda
scheduled for November 17t", 2020.
575 E. Baseline Avenue, Apache Junction, AZ 85119
• Voice (480) 982-1055 • Fax (480) 982-8005
RESOLUTION NO. 20-33
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING A FEDERALLY
PATENTED EASEMENT LOCATED AT SMOKETREE STREET FROM
TOMAHAWK ROAD TO VISTA ROAD, IS NO LONGER NECESSARY
FOR PUBLIC USE AS A FEDERALLY PATENTED EASEMENT AND IS
HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC
RIGHTS-OF-WAY.
WHEREAS, upon incorporation, the City of Apache Junction,
an Arizona municipal corporation, became the holder of roadway
easements, pursuant to the Small Tract Act of 1938 (52 Stat.
609, as amended, 43 U. S .C. 682a-682e) , as more fully described
in Exhibit A and depicted in Exhibit B; and
WHEREAS, the reason for the extinguishment request is to
allow Filly' s Roadhouse to rebuild/repair the duplex which was
destroyed due to a fire on June 22, 2020 . The existing building
was constructed inside the existing federal patent easement .
Rebuilding the duplex is considered new construction under the
city code and is not allowed on a federally patented easement;
and
WHEREAS, such easement may be extinguished by a local
municipal government pursuant to A.R. S . §§ 9-500 . 24 and 28-7214;
and
WHEREAS, under A.R. S . § 9-500 . 24 the city has notified and
obtained consent of utility providers; and
WHEREAS, on August 24, 2020 the applicant paid the required
non-refundable application and filing fee for the extinguishment
request pursuant to Apache Junction City Code § 13-2-4 (H) ; and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4,
the director of public works on September 10, 2020, submitted
copies of the application for comment to the development
services director, the public safety director, the Superstition
Fire and Medical District, as well as all public utility
providers; and
WHEREAS, the extinguishment request, if approved, would not
leave a parcel in separate ownership without access to an
established public roadway or easement connecting such lands
with another public roadway or easement; and
RESOLUTION NO. 20-33
PAGE 1 OF 4
WHEREAS, the city engineer has determined that the easement
in question, because of its location, topography, and
encroachments therein, have no or de minimis public value.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS :
1) The mayor and city council of the City of Apache
Junction find that the public roadway easement, as
described in Exhibit A and depicted in Exhibit B, is
classified as a local street on the Street
Classification Plan and is no longer necessary for
public roadway purposes, has no or de minimis public
value, and is hereby extinguished for public roadway
purposes .
2) Nothing in this approval extinguishes any utility
easement interest of any public utility agency or
entity on the subject street right-of-way.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 20
SIGNED AND ATTESTED TO THIS DAY OF 20
JEFF SERDY
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 20-33
PAGE 2 OF 4
EXHIBIT A
PARCEL 1 (Adjacent to parcels 100-25-0210, 100-25-020B, and 100-
25-020C)
The South thirty-three feet (33' ) of the South half of the
Northwest quarter of the Southwest quarter of the Northwest
quarter of Section 15, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the East thirty three feet (33' ) THEREOF;
PARCEL 2 (Adjacent to parcel 100-25-033C & 100-25-033D)
The North thirty-three feet (331 ) of the North half of the
Southwest quarter of the Southwest quarter of the Northwest
quarter of Section 15, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the West fifty feet (50' ) and the East thirty three feet
(33' ) THEREOF;
RESOLUTION NO. 20-33
PAGE 3 OF 4
EXHIBIT "B"
F ST
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I
AZ
I
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MCFCD
g� 020B I I
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0210 OC
137-578
AZ 186 530
033D
0 033C
0 I I
I
DI
0� 033B X Q
50' 0
40' I
AZ
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TEPEE STREET
_66, LEGEND
I I 33'
- - 66' - 3' PROPOSED EXTINGUISHMENT
PREVIOUSLY EXTINGUISHED
If 33' DEDICATED RIGHT-OF-WAY TO REMAIN
--- ROAD CENTERLINE
TYPICAL FPE/ROW DIMENSION - - FEDERAL PATENT EASEMENT
(UNLESS OTHERWISE NOTED) PROPERTY LINE
119-086 PATENT DEED(S)
RESOLUTION NO. 20-33
z
Direction to Staff: 20-XXX
Roadway Easement Extinguishment :
- Smoketree St from Tomahawk Rd to Vista Rd
Department of Public Works
November 2J. 2020
By: Raquel Schatz
Background
• A GLO easement is a roadway and utility easement created by
the initial transfer of land titles from the Federal government to
an individual through the General Land Office (GLO) through the
Bureau of Land Management (BLM), pursuant to the provisions
of an Act of Congress approved June 1, 1938.
• Federal Patent Easements (FPEs) are either 5 or 2 % acre parcels
with a reservation of right-of-way of 33' in width along the
boundaries of said land.
• The reservation of right-of-way along the boundaries of the land
ensured that no individual parcel would be land locked, or
without legal access to the land.
• June 15t", 2020, Larry Kirch and Emile Schmid did a presentation
on "Public Policy Implications for Long-Range Transportation
Planning with FPE" and this site falls under the category of
Commercial Development/Redevelopment which staff
recommended as an allowable circumstance where
extinguishments would be considered.
Resolution 20-33: Extinguishment (Smoketree Street) 2
ire
•� Art '� y�ti'n':�:•^.... ;�.�» - ••, ' • t -�
WAL
Ap
04
or
IF
EXTINGUISHED ROADWAY
�... DEDICATED RIGHT-OF-WAY
u FEDERAL PATENT EASEMENT
zoa-sss DOCUMENT NUMBER
204-555 RIGHT-OF-WAY
DOCUMENT NUMBER
Staff Recommendation
The Public Works Department recommends
APPROVAL
Consent Agenda on 11/17/20
L 60 Qu e st i
Thank You
Resolution 20-33: Extinguishment (Smoketree Street) 4
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ
U =i 85119
Agenda Item No. 12.
�Piz oN* File ID: 20-607
Sponsor: Rudy Esquivias Agenda Date: 11/17/2020
Index: In Control: City Council Meeting
Presentation, discussion and direction to staff on the creation of a draft ordinance relating to the
regulation of recreational marijuana using the model ordinance language provided by League of
Arizona Cities and Towns.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
Q
�z City of Apache Junction
Development Sejvices Department
NOVEMBER 9, 2020
MEMORANDUM TO: Honorable Mayor and City Council Members
THROUGH: Bryant Powell, City Manager
Larry Kirch, Development Services Director
FROM: Rudy Esquivias, Planning Manager/Zoning Admin.
SUBJECT: Nov. 17, 2020, Direction to Staff Item: Cit s
Options Regarding Voter Approval of the Smart
and Safe Arizona Act (Recreational Marijuana)
BACKGROUND
On November 3, 2020, as part of the general election, the voters of Arizona
passed the "Smart and Safe Arizona Act" (see text attached) , a citizen
initiative......"relating to the responsible adult use, regulation and taxation
of marijuana", also referred to as recreational marijuana. The act declares
that in the interest of public health and safety, the legal adult use of
marijuana should be regulated so that:
a) Legitimate, taxpaying business people, and not criminal actors, conduct
sales of marijuana;
b) Marijuana sold in this state is tested, labeled and subject to
additional regulations to ensure that consumers are informed and
prctected;
c) Employers retain their rights to maintain drug and alcohol free places
of employment;
d) The health and safety of employees in the marijuana industry are
protected;
e) Individuals must show proof of age before purchasing marijuana;
f) Selling, transferring or providing marijuana to minors and other
individuals under the age of 21 remains illegal;
g) Driving, flying or boating while impaired to the slightest degree by
marijuana remains illegal.
The act also allocates funds from the medical marijuana fund for things such
as the Arizona Teachers Academy, to the Arizona Department of Health Services
("ADHS") , the Governor' s Office of Highway Safety, to non-profit agencies
through ADHS to help individuals file petitions for expungement of previous
minor, non-violent marijuana convictions, and other services.
The act is very detailed in how the creation and operation of licensed
"marijuana establishments" and "marijuana testing facilities" will be
allowed. A marijuana establishment includes: a retail establishment at which
the sale of marijuana and marijuana products is conducted, along with the
possible cultivation and manufacture of marijuana products; an off-site
location where marijuana is cultivated, processed and products are made, but
which does not conduct sales to consumers; an off-site location at which
marijuana products are manufactured, packaged and stored, but which does not
Planning& Zoning- Building& Safety— Revenue Development
300 B. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 9 Fax(480)982-7010
Direction to Staff: Rec-Mar
Page 2 of 3
conduct sales to consumers. A marijuana testing facility includes ADHS
facilities or facilities operated by another licensed entity to analyze the
potency of and test the marijuana for harmful contaminants.
This act does not change the medical marijuana laws, except that a licensed
medical marijuana dispensary may also apply to offer recreational marijuana
products to consumers over 21 years of age. This is what is referred to as
being a "dual licensee". Recreational marijuana products would carry a sales
tax of 16't .
The act does not allow smoking in public or open spaces; and does not allow
persons to operate motor vehicles, boats or fly aircraft under the influence.
The act does allow people to consume marijuana products in private places,
carry small quantities of marijuana and/or marijuana products and
paraphernalia, allow a person over the age of 21 to securely cultivate up to
6 plants in their own private residence (no more than 12 plants if two or
more persons over the age of 21 reside together) and sets penalties for
violators.
CITY'S OPTIONS FOR REGULATION
The act also offers cities, towns and counties options for the regulation of
marijuana establishments and marijuana testing facilities. The city may:
1) Enact reasonable zoning regulations that limit the use of land for
marijuana establishments and marijuana testing facilities to specified
areas;
2) Limit the number of marijuana establishments or marijuana testing
facilities, or both;
3) Prohibit marijuana establishments or marijuana testing facilities, or
both;
4) Regulate the time, place and manner of marijuana establishment and
marijuana testing facility operations;
5) Establish reasonable restrictions on public signage regarding
marijuana, marijuana establishments and marijuana testing facilities;
6) Prohibit or restrict delivery within its jurisdiction.
The city may not enact any ordinance, regulation or rule that:
1) Is more restrictive than a comparable ordinance, regulation or rule
that applies to non-profit medical marijuana dispensaries;
2) Makes the operation of a marijuana establishment or marijuana testing
facility unduly burdensome if the locality has not prohibited marijuana
establishments or marijuana testing facilities;
3) Conflicts with the chapter (state law) or rules adopted pursuant to the
chapter;
4) Prohibits the transportation of marijuana by a marijuana establishment
or marijuana testing facility on public roads;
5) Restricts or interferes with the ability of a dual licensee or an
entity eligible to become a dual licensee to operate a nonprofit
medical marijuana dispensary and a marijuana establishment
cooperatively at shared locations;
6) Except as expressly authorized by this Section (state law) or Section
36-2851, prohibits or restricts any conduct or transaction allowed by
this chapter, or imposes any liability or penalty in addition to that
prescribed by this chapter for any conduct or transaction constituting
a violation of this chapter.
Planning &Zoning-Building&Safety-Revenue Development
300 E.Superstition Boulevard - Apache Junction,AZ 85119 - Ph:(480)474-5083 - Fax(480)982-7010
Direction to Staff: Rec-Mar
Page 3 of 3
POSSIBLE DIRECTION TO STAFF
With the understanding that ADHS has yet to establish rules and procedures
for the licensing of recreational marijuana uses, that the city already has
two medical marijuana dispensaries, and insofar as a possible direction to
staff, council may wish to consider the following options:
1) Direct staff to draft an ordinance for the P&Z and Council's
consideration which regulates marijuana establishments and marijuana
testing facilities in the same manner as medical marijuana dispensaries
and cultivation facilities; through the city's CUP process, which
includes specific zoning, limit on number of establishments, imposes
separation distances and other requirements (see med-mar regulations
attached) ;
2) Direct staff to draft an ordinance which allows marijuana
establishments and marijuana testing facilities outright in certain
zoning districts, to include limit on number, specify separation
distances, delivery and signage considerations, be subject to the
city' s normal development and design requirements, etc. ;
3) Direct staff to draft an ordinance prohibiting marijuana establishments
and marijuana testing facilities in the city;
4) Direct staff to draft an ordinance which allows existing medical
marijuana dispensaries to becomes dual licensees, through a CUP
amendment process.
5) Other?
Attachments:
- Smart and Safe Arizona Act
- City of AJ Medical Marijuana Regs, Section 1-6-12
Planning &Zoning-Building&Safety-Revenue Development
300 E.Superstition Boulevard • Apache Junction,AZ 85119 • Ph:(480)474-5083 • Fax(480)982-7010
ti
4 OFFICIAL TITLE
AN INITIATIVE MEASURE
AMENDING SECTION 36-2817,ARIZONA REVISED STATUTES;AMMNDING TITLE 36,ARIZONA REVISED STATUTES,
BY ADDING CHAPTER 28.2;AMENDING TITLE 42,CHAPTER 5,ARIZONA REVISED STATUTES,BY ADDING ARTICLE
10;AMENDING TITTLE 43,CHAPTER 1,ARTICLE 1,ARIZONA REVISED STATUTES,BY ADDING SECTION 43-108;
! RELATING TO THE RESPONSIBLE ADULT USE,REGULATION AND TAXATION OF MARIJUANA.
i
! TEXT OF PROPOSED AMENDMENT
i
Be it enacted by the People of the State of Arizona: Fa 0 [L
Section L Short title SEP 2 6 2019
This act may be cited as the"Smart and Safe Arizona Act". �J
Section 2.Findings and declaration of purpose ARIZONA SECRETARY OF STATE
The People of the Stale of Arizona find and declare as follows:
1. In the interest of the efficient use of law enforcement resources,enhancing revenue for public purposes,and
individual freedom,the responsible adult use of marijuana should be legal for persons twenty-one years of age or older,subject to
state regulation,taxation,and local ordinance.
2. In the interest of the health and public safety of our citizenry,the legal adult use of marijuana should be regulated so
that:
(a) Legitimate,taxpaying business people,and not criminal actors,conduct sales of marijuana.
(b) Marijuana sold in this slate is tested,labeled and subject to additional regulations to ensure that consumers are
informed and protected.
(c) Employers retain their rights to maintain drug-and-alcohol-free places of employment
(d) The health and safety of employees in the marijuana industry are protected.
(c) Individuals must show proof of age before purchasing marijuana.
(0 Selling,transferring,or providing marijuana to minors and other individuals under the age of twenty-one remains
i illegal.
(g) Drit�ing,flying or boating while impaired to the slighlest degree by marijuana remains illegal.
Section 2,Section 36-2817,Arizona Revised Statutes,is amended to read:
36-2817.Medical mariivana fund:private donations
A. The medical marijuana fund is established consisting of fees collected,civil penalties imposed and private donations
received under this chapter. The department shall administer the fund. Monies in the fund are continuously appropriated.
B The director of the department may accept and spend private grants,gifts,donations,contributions and devises to
assist in carrying out the provisions of this chapter.
C. Monies in the medical marijuana fund do not revert to the state general fund at the end of a fiscal year.
D. ON THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION,THE DIRECTOR OF THE
DEPARTMENT SHALL TRANSFER THE FOLLOWING SUMS FROM THE MEDICAL MARIJUANA FUND FOR THE
FOLLOWING PURPOSES:
1. $15,000,000 TO THE ARIZONA TEACHERS ACADEMY FUND ESTABLISHED BY SECTION 15-1655.
2. $10,000,000 TO THE DEPARTMENT TO FUND THE FORMATION AND OPERATION OF COUNCILS,
COMMISSIONS AND PROGRAMS DEDICATED TO IMPROVING PUBLIC HEALTH,INCLUDING TEEN SUICIDE
PREVENTION,THE MATERNAL MORTALITY REVIEW PROGRAM,IMPROVING YOUTH HEALTH,SUBSTANCE
ABUSE PREVENTION,ADDRESSING ADVERSE CHILDHOOD EXPERIENCES,THE ARIZONA POISON CONTROL
SYSI EM ESTABLISHED PURSUANT TO SECTION 36-1161,THE ARIZONA HEALTH IMPROVEMENT PLAN,THE CHILD
FATALITY REVIEW TEAM ESTABLISHED PURSUANT TO SECTION 36-3501 AND THE CHRONIC PAIN SELF
MANAGEMENT PROGRAM.
3. $10,000,000 TO THE GOVERNOR'S OFFICE OF IBGHWAY SAI- fY TO DISTRIBUTE GRANTS FOR THE
FOLLOWING PURPOSES:
(a) REDUCING IMPAIRED DRIVING,INCLUDING CONDUCTING TRAINING PROGRAMS AND
PURCHASING EQUIPMENT FOR DETECTING,TESTING AND ENFORCING LAWS AGAINST DRIVING,FLYING OR
BOATING WHILE IMPAIRED.
(b) EQUIPMENT,TRAINING AND PERSONNEL COSTS FOR DEDICATED TRAFFIC ENFORCEMENT,
4. $2,000,000 TO THE DEPARTMENT TO IMPLEMENT,CARRY OUT AND ENFORCE CHAPTER 28.2 OF
THIS z'TTLE.
Page 1 of 17
5. $4,000,000 TO THE DEPARTMENT-1.0 DISTRIBUTE GRANTS TO QUALIFIED NONPROFIT ENTITIES
THAT WILL PROVIDE OUTREACH TO INDIVIDUALS WHO MAY BE ELIGIBLE TO FILE PETITIONS FOR
EXPUNGEMENT PURSUANT TO SECTION 36-2962 AND WILL ASSIST WITH THE EXPUNGEMENT PETITION PROCESS.
THE DEPARTMENT SHALL DISTRIBUTE GRANTS PURSUANT TO THIS PARAGRAPH ON OR BEFORE- JUNE 30,2021.
6. $2,000,000 TO TIE DEPARTMENT TO DEVELOP AND IMPLEMENT,IN CONJUNCTION WITH THE
DEPARTMENT OF ECONOMIC SECURITY AND OTHER STATE AGENCIES,A SOCIAL EQUITY OWNERSHIP PROGRAM
TO PROMOTE THE OWNERSHIP AND OPERATION OF MARIJUANA ESTABLISH TENTS AND MARIJUANA TESTING
FACILITIES BY INDIVIDUALS FROM COMMUNITIES DISPROPORTIONATELY IMPACTED BY THE ENFORCEMENT OF
PREVIOUS MARIJUANA LAWS. FOR THE PURPOSES OF THIS PARAGRAPH,"MARIJUANA ESTABLISHMENT"AND
"MARIJUANA TESTING FACMTY"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36-2850.
7. S1,000,000 TO THE DEPARTMENT TO FUND PROGRAMS AND GRANTS TO QUALIFIED NONPROFIT
ORGANIZATIONS FOR EDUCATION AND COMMUNITY OUTREACH RELATED TO CHAPTER 28.2 OF THIS TITLE.
S. $1,000,000 TO THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856,
Section 4.Title 36,Arizona Revised Statutes,is amended by adding chapter 28.2,to read: a L E
CHAPTER28.2 SEP 2 6 zals
RESPONSIBLE ADULT USE OF MARIJUANA
36-2850,Definitions ARIZONA SECRE T A..RY OF STATE
IN THIS CHAPTER,UNLESS TIIE CONTEXT REQUIRES OTHERWISE:
1, "ADVERTISE,""ADVERTISLIWENT'AND"ADVERTISING"MEAN ANY PUBLIC COMMUNICATION IN
ANY MEDIUM THAT OFFERS OR SOLICITS A COMMERCIAL TRANSACTION INVOLVING THE SALE,PURCHASE OR
DELIVERY OF MARIJUANA OR MARIJUANA PRODUCTS.
2, "CHILD-RESISTANT"MEANS DESIGNED OR CONSTRUCTED TO BE SIGNIFICANTLY DIFFICULT FOR
CHILDREN UNDER FIVE YEARS OF AGE TO OPEN,AND NOT DIFFICULT FOR NORMAL ADULTS TO USE PROPERLY.
3. "CONSUNIE,""CONSUMING"AND"CONSUMPTION"MEAN THE ACT OF INGESTING,HALING OR
OTHERWISE INTRODUCING MARIJUANA INTO THE HUMAN BODY.
4. "CONSUMER"MEANS AN INDIVIDUAL WHO IS AT LEAST TWENTY-ONE YEARS OF AGE AND WHO
PURCHASES MARIJUANA OR MARIJUANA PRODUCTS,
5. "CULTIVATE"AND"CULTIVATION"MEAN TO PROPAGATE,BREED,GROW,PREPARE AND
PACKAGE MARIJUANA.
6. "DELIVER"AND"DELIVERY"MEAN THE TRANSPORTATION,TRANSFER OR PROVISION OF
MARIJUANA OR MARIJUANA PRODUCTS TO A CONSUMER AT A LOCATION OTHER THAN TIIE DESIGNATED
RETAIL LOCATION OF A MARIJUANA ESTABLISHMENT.
7. "DEPARTMENT'MEANS THE DEPARTMENT OF HEALTH SERVICES OR ITS SUCCESSOR AGENCY.
S. "DESIGNATED CAREGIVER,""EXCLUDED FELONY OFFENSE,""INDEPENDENT THIRD-PARTY
LABORATORY,""NONPROFIT MEDICAL MARIJUANA DISPENSARY,""NONPROFIT MEDICAL MARIJUANA
DISPENSARY AGENT,"AND"QUALIFYING PATIENT"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36-
2801E
9. "DUAL LICENSEE"MEANS AN ENTITY TIIAT HOLDS BOTH A NONPROFIT MEDICAL MARIJUANA
DISPENSARY REGISTRATION AND A MARIJUANA ESTABLISHMENT LICENSE.
10. "EARLY APPLICANT'MEANS EITHER OF THE FOLLOWING:
(a) AN ENTITY SEEKING TO OPERATE A MARIJUANA ESTABLISHMENT IN A COUNTY WITH FEWER
THAN TWO REGISTT;RED NONPROFIT MEDICAL MARIJUANA DISPENSARIES.
(b) A NONPROFIT MEDICAL MARIJUANA DISPENSARY THAT IS REGISTERED AND IN GOOD STANDING
WITH THE DEPARTMENT.
11. "EMPLOYEE,""EMPLOYER, "HEALTH CARE FACILITY,"AND"PLACES OF EMPLOYMENT"HAVE
THE SAA'IE MEANINGS PRESCRIBED IN THE SMOKE-FREE ARIZONA ACT,SECTION 36-601.01.
12. "GOOD STANDING"MEANS THAT A NONPROFIT MEDICAL MARIJUANA DISPENSARY IS NOT THE
SUBJECT OF A PENDING NOTICE OF INTENT TO REVOKE ISSUED BY THE DEPARTMENT.
13. "INDUSTRIAL HEMP"HAS THE SAME MEANING PRESCRIBED IN SECTION 3.311.
14. "LOCALITY"MEANS A CITY,TOWN OR COUNTY.
15. "MANUFACTURE"AND"MANUFACTURING"MEAN TO COMPOUND,BLEND,EXTRACT,INFUSE OR
OTHERWISE MAKE OR PREPARE A MARIJUANA PRODUCT.
16. "MARIJUANA":
(a) MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,WHETHER GROWING OR NOT,AS
WELL AS THE SEEDS FROM THE PLANT,THE RESIN EXTRACTED FROM ANY PART OF THE PLANT,AND EVERY
COMPOUND,MANUFACTURE,SALT,DERIVATIVE,MIXTURE OR PREPARATION OF THE PLANT OR ITS SEEDS OR
RESIN,
Pagc 2 of 17
SEP 2 6 2019
(b) INCLUDES CANNABIS AS DEFINED IN SECTION 13-3401, IARIZONA SECRETARY OF S I ATE
(c) DOES NOT INCLUDE INDUSTMAL HEMP,THE FIBER PRODUCED FROM THE STALKS OF THE PLANT
OF THE GENUS CANNABIS,OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT,STERILIZED SEEDS OF THE
PLANI THAT ARE INCAPABLF OF GERMINATION,OR THE WEIGHT OF ANY OTHER INGREDIENT COMBINED WITH
MARIJUANA TO PREPARE TOPICAL OR ORAL ADMINISTRATIONS,FOOD,DRINK OR OTHER PRODUCTS.
17. "MARIJUANA CONCEN'l RATE'':
(a) MEANS RESIN EXTRACTED FROM ANY PART OF A PLANT OF THE GENIUS CANNABIS AND EVERY
COMPOUND,MANUFACTURE,SALT,DERIVATIVE,MIXTURE OR PREPARATION OF THAT RESIN OR
TE IRAHYDROCANNABINOL
(b) DOES NOT INCLUDE INDUSTRIAL HEMP OR THE WEIGHT OF ANY OTHER INGREDIENT COMBINED
WITH CANNABIS TO PREPARE TOPICAL OR ORAL ADMINISTRATIONS,FOOD,DRINK OR OTHER PRODUCTS.
18 "MARIJUANA ESTABLISHMENT'MEANS AN ENTITY LICENSED BY THE DEPARTMENT TO OPERATE
ALL OF T1IE FOLLOWING:
(a) A SINGLE RETAIL LOCATION AT WHICH THE LICENSEE MAY SELL MARIJUANA AND MARIJUANA
PRODUCTS TO CONSUMERS,CULTIVATE MARIJUANA AND MANUFACTURE MARIJUANA PRODUCTS.
(b) A SINGLE OFF-SITE CULTIVATION LOCATION AT WHICH THE LICENSEE MAY CULTIVATE
MARIJUANA,PROCESS MARIJUANA AND MANUFACTURE MARIJUANA PRODUCTS,BUT FROM WHICH
j MARIJUANA AND MARIJUANA PRODUCTS MAY NOT BE TRANSFERRED OR SOLD TO CONSUMERS.
(c) A SINGLE OFF-SITE LOCATION AT WHICH THE LICENSEE MAY MANUFACTURE MARIJUANA
PRODUCTS AND PACKAGE AND STORE MARIJUANA AND MARIJUANA PRODUCTS,BUT FROM WHICH MARIJUANA
f AND MARIJUANA PRODUCTS MAY NOT BE TRANSFERRED OR SOLD TO CONSUMERS.
19. "MARIJUANA FACILITY AGENT'MEANS A PRINCIPAL OFFICER,BOARD MEMBER OR EMPLOYEE
OF A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY WHO IS AT LEAST TWENTY-ONE YEARS
OF AGE AND HAS NOT BEEN CONVICTED OF AN EXCLUDED FELONY OFFENSE.
20. "NIARIJUANA PRODUCTS"MEANS MARIJUANA CONCENTRATE AND PRODUCTS THAT ARE
COMPOSED OF MARIJUANA AND OTHER INGREDIENTS AND THAT ARE INTENDED FOR USE OR CONSUMPTION,
INCLUDING EDIBLE PRODUCTS,OINTMENTS AND TINCTURES
I 21. "MARIJUANA TESTING FACILITY"MEANS THE DEPARTMENT OR ANOTHER ENTITY THAT IS
1 LICENSED BY THE DEPARTMENT TO ANALYZE THE POTENCY OF MARIJUANA AND TEST MARIJUANA FOR
0
HARMFUL CONTAMINANTS.
22. "OPEN SPACE"MEANS A PUBLIC PARK,PUBLIC SIDEWALK,PUBLIC WALKWAY OR PUBLIC
f PEDESTRIAN THOROUGHFARE.
23. "PROCESS"AND"PROCESSING"MEAN TO HARVEST,DRY,CURE,TRIM OR SEPARATE PARTS OF
THE MARIJUANA PLANT.
24. "PUBLIC PLACE"HAS THE SAME MEANING PRESCRIBED IN THE SMOKE-FREE ARIZONA ACT,
i SECTION 36-601,01.
i 25. "SMOKE"MEANS TO INHALE,EXHALE,BURN,CARRY OR POSSESS ANY LIGHTED MARIJUANA OR
LIGHTED MARIJUANA PRODUCTS,WHETHER NATURAL OR SYNTHETIC.
36-2851. r 'driving: i :cQnlrol of muoutv.smokin"I public placcs and open 5paces
THIS CHAPTER:
1, DOES NOT RESTRICT THE RIGHTS OF EMPLOYERS TO MAINTAIN A DRUG-AND-ALCOHOL-FREE
WORKPLACE OR AFFECT THE ABILITY OF EMPLOYERS TO HAVE WORKPLACE POLICIES RESTRICTING THE USE
OF MARIJUANA BY EMPLOYEES OR PROSPECTIVE EMPLOYEES.
2. DOES NOT REQUIRE AN EMPLOYER TO ALLOW OR ACCOMMODATE THE USE,CONSUMPTION,
POSSESSION,'TRANSFER,DISPLAY,TRANSPORTATION,SALE OR CULTIVATION OF MARIJUANA IN A PLACE OF
EMPLOYMENT.
3. DOES NOT ALLOW DRIVING,FLYING OR BOATING WHILE IMPAIRED TO EVEN THE SLIGHTEST
DEGREE BY MARIJUANA OR PREVENT THIS STATE FROM ENACTING AND IMPOSING PENALTIES FOR DRIVING,
FLYING OR BOATING WHILE IMPAIRED TO EVEN THE SLIGHTEST DEGREE BY MARIJUANA.
4. DOES NOT ALLOW AN INDIVIDUAL WHO IS UNDER TWENTY-ONE YEARS OF AGE TO PURCHASE,
POSSESS,TRANSPORT OR CONSUME MARIJUANA OR MARIJUANA PRODUCTS.
5. DOES NOT ALLOW THE SALE,TRANSFER OR PROVISION OF MARIJUANA OR MARIJUANA
PRODUCTS TO AN INDIVIDUAL WHO IS UNDER TWENTY-ONE YEARS OF AGE.
6. DOES NOT RESTRICT THE RIGHTS OF EMPLOYERS,SCHOOLS,DAY CARE CENTERS,ADULT DAY
CARE FACILITIES,HEALTH CARE FACILITIES OR CORRECTIONS FACILITIES TO PROHIBIT OR REGULATE
CONDUCT OTHERWISE ALLOWED BY THIS CHAPTER WHEN SUCH CONDUCT OCCURS ON OR IN TI[EIR
PROPERTIES.
7. DOES NOT RESTRICT THE ABILITY OF AN INDIVIDUAL,PARTNERSHIP,LIMITED LIABILITY
COMPANY,PRIVATE CORPORATION,PRIVATE ENTITY OR PRIVATE ORGANIZATION OF ANY CHARACTER THAT
Page 3 of 17
OCCUPIES,OWNS OR CONTROLS PROPERTY TO PROHIBIT OR REGULATE CONDUCT OTHERWISE ALLOWED BY
THIS CHAPTER ON OR IN SUCH PROPERTY.
8. DOES NOT ALLOW ANY PERSON TO:
(a) SMOKE MARIJUANA IN A PUBLIC PLACE OR OPEN SPACE.
(b) CONSUME MARIJUANA OR MARIJUANA PRODUCT'S WHILE DRIVING,OPERATING OR RIDING IN
THE PASSENGER SEAT OR COMPARTMENT OF AN OPERATING MOTOR VFHICLE,BOAT,VESSEL,AIRCRAFT OR
ANOTHER VEHICLE USED FOR TRANSPORTATION.
9. DOES NOT PROHIBIT THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE FROM
PROHIBITING OR REGULATING CONDUCT OTHERWISE-ALLOWED BY THIS CHAPTER WHEN SUCH CONDUCT
OCCURS ON OR IN PROPERTY THAT IS OCCUPIED,OWNED,CONTROLLED OR OPERATED BY THIS STATE OR A
POLITICAL SU13DMSION OF THIS STATE,
10. DOES NOT AUTHORIZE A PERSON TO PROCESS OR MANUFACTURE MARIJUANA BY MEANS OF
ANY LIQUID OR GAS,OTHER THAN ALCOHOL,THAT HAS A FLASHPOINT BELOW ONE HUNDRED DEGREES
FAHRENHEIT,UNLESS PERFORMED BY A MARIJUANA ESTABLISHMENT.
IL. DOES NOT REQUIRE A PERSON TO VIOLATE FEDERAL LAW OR TO IMPLEMENT OR FAIL TO
IMPLEMENT A RESTRICTION ON THE POSSESSION,CONSUMPTION,DISPLAY,TRANSFER,PROCESSING,
MANUFACTURING OR CULTIVATION OF MARIJUANA IF BY SO DOING THE PERSON WILL LOSE-A MONETARY OR
LICENSING-RELATED BENEFIT UNDER FEDERAL LAW.
12. DOES NOT SUPERSEDE OR ELIMINATE ANY EXISTING RIGHTS OR PRIVILEGES OF ANY PERSON
EXCEPT AS SPECIFICALLY SET FORTH IN THIS CHAPTER.
13. DOES NOT LIMIT ANY PRIVILEGE OR RIGHT OF A NONPROFIT MEDICAL MARIJUANA DISPENSARY
UNDER CHAPTER 28.1 OF THIS TITLE EXCEPT AS EXPRESSLY SET FORTH IN THIS CHAPTER.
14. DOES NOT LIMIT ANY PRIVILEGE OR RIGHT OF A QUALIFYING PATIENT OR DESIGNATED
CAREGIVER UNDER CHAPTER 28.1 OF THIS TITLE.
36-2852.Allowable possession_andr o f mari'uana.marjuatia producLa and ma6*uana paraphmnlin
A. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED IN SECTIONS 36.2851 AND 36-2853 AND
NOTWITHSTANDING ANY OTHER LAW,THE FOLLOWING ACTS BY AN INDIVIDUAL WHO 1S AT LEAST TWENI'Y-
ONE YEARS OF AGE ARE LAWFUL,ARE NOT AN OFFENSE UNDER THE LAWS OF THIS STATE OR ANY LOCALITY,
MAY NOT CONSTITUTE THE BASIS FOR DETENTION,SEARCH OR ARREST,AND CANNOT SERVE AS THE SOLE
BASIS FOR SEIZURE OR FORFEITURE OF ASSETS,FOR I]VPOSING PENALTIES OF ANY KIND UNDER THE LAWS OF
THIS STATE OR ANY LOCALITY OR FOR ABROGATING OR LIMITING ANY RIGHT OR PRIVILEGE CONFERRED OR
PROTECTED BY THE LAWS OF THIS STATE OR ANY LOCALITY:
I. POSSESSING,CONSUMING,PURCHASING,PROCESSING,MANUFACTURING BY MANUAL OR
MECHANICAL MEANS,INCLUDING SIEVING OR ICE WATER SEPARATION BUT EXCLUDING CHEMICAL
EXTRACTION OR CHEMICAL SYNTHESIS,OR TRANSPORTING ONE OUNCE OR LESS OF MARIJUANA,EXCEPT THAT
NOT MORE TITAN FIVE GRAMS OF MARIJUANA MAY BE IN THE FORM OF MARIJUANA CONCENTRATE.
2 POSSESSING,TRANSPORTING,CULTIVATING OR PROCESSING NOT MORE TITAN SIX MARIJUANA
PLANTS FOR PERSONAL USE AT THE INDIVIDUAL'S PRIMARY RESIDENCE,AND POSSESSING,PROCESSING AND
MANUFACTURING BY MANUAL OR MECHANICAL MEANS,INCLUDING SIEVING OR ICE WATER SEPARATION BUT
EXCLUDING CHEMICAL EXTRACTION OR CHEMICAL SYNTHESIS,THE MARIJUANA PRODUCED BY THE PLANTS
ON THE PREMISES WHERE THE MARIJUANA PLANTS WERE GROWN IF ALL OF THE FOLLOWING APPLY:
(a) NOT MORE THAN TWELVE PLANTS ARE PRODUCED AT SINGLE RESIDENCE WHFRF TWO OR
MORE INDIVIDUALS WHO ARE AT LEAST TWI_NTY-ONE YEARS OF AGE RESIDE AT ONE TIME.
(b) CULTIVATION TAKES PLACE WITHIN A CLOSET,ROOM,GREENHOUSE OR OTHER ENCLOSED
AREA ON THE GROUNDS OF THE RESIDENCE EQUIPPED WITH A LOCK OR OTHER SECURITY DEVICE THAT
PREVENTS ACCESS BY MINORS.
(c) CULTIVATION TAKES PLACE IN AN AREA WHERE THE MARIJUANA PLANTS ARE NOT VISIBLE
FROM PUBLIC VIEW WITHOUT USING BINOCULARS,AIRCRAFT OR OTHER OPTICAL AIDS.
3. TRANSFERRING ONE OUNCE OR LESS OF MARIJUANA,OF WHICH NOT MORE THAN FIVE GRAMS
MAY BE IN THE FORM OF MARIJUANA CONCENTRATE,TO AN INDIVIDUAL WHO IS AT LEAST TWENTY-ONE
YEARS OF AGE IF THE TRANSFER IS WITHOUT REMUNERATION AND IS NOT ADVERTISED OR PROMOTED TO THE
PUBLIC.
4. TRANSFERRING UP TO SIX MARIJUANA PLANTS TO AN INDIVIDUAL WHO IS AT LEAST TWENTY-
ONE YEARS OF AGE IF THE TRANSFER IS WITHOUT REMUNERATION AND IS NOT ADVERTISED OR PROMOTED TO
THE.PUBLIC.
5. ACQUIRING,POSSESSING,MANUFACTURING,USING,PURCHASING,SELLING OR TRANSPORTING'
PARAPHERNALIA RELATING TO THE CULTIVATION,MANUFACTURE,PROCESSING OR CONSUMPTION OF
MARIJUANA OR MARIJUANA PRODUCTS. nn
d L�
Page 4 of 17
SEP 2 6 2019
ARIZONA SECRETARY OF STATE
6. ASSISTING ANOTHER INDIVIDUAL WHO IS AT LEAST TWENTY-ONE YEARS OF AGE IN ANY OF THE
ACTS DESCRIBED IN THIS SUBSECTION.
B. NOTWITIISTANDING ANY OTHER LAW,A PERSON WITH METABOLITES OR COMPONENTS OF
(MARIJUANA IN THE PERSON'S BODY 1S GUILTY OF VIOLATING SECTION 28-1381,SUBSECTION A,PARAGRAPH 3
ONLY IF THE PERSON IS ALSO IMPAIRED TO THE SLIGHTEST DEGREE.
C. NOTWITHSTANDING ANY OTHER LAW,THE ODOR OF MARIJUANA OR BURNT MARIJUANA DOES
NOT BY ITSELF CONSTITUTE REASONABLE ARTICULABLE SUSPICION OF A CRIME. THIS SUBSECTION DOES NOT
APPLY WHEN A LAW ENFORCEMENT OFFICER IS INVESTIGATING WHETHER A PERSON HAS VIOLATED SECTION
28-1381.
36-2853.Violati ns•c a ' c i ]penaky-,-addiligilal fim enforcmem
A. NOTWITHSTANDING ANY OTHER LAW AND EXCEPT AS OTHERWISE PROVIDED W THIS CHAPTER,
A PERSON WHO POSSESSES AN AMOUNT OF MARIJUANA GREATER THAN THE AMOUNT ALLOWED PURSUANT
TO SECTION 36-2852,BUT NOT MORE THAN TWO AND ONE-HALF OUNCES OF MARIJUANA,OF WHICH NOT MORE
THAN TWELVE-AND ONE-HALF GRAMS IS IN THE FORM OF MARIJUANA CONCENTRATE, IS GUILTY OF A PETTY
OFFENSE.
B. NOTWITHSTANDING ANY OTHER LAW,A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE
AND WHO POSSESSES,CONSUMES,TRANSPORTS OR TRANSFERS WITHOUT REMUNERATION ONE OUNCE OR
LESS OF MARIJUANA,OF WHICH NOT MORE THAN FIVE GRAMS IS IN THE FORM OF MARIJUANA CONCENTRATE,
OR PARAPHERNALIA RELATING TO THE CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS:
1. FOR A FIRST VIOLATION,SHALL PAY A CIVIL PENALTY OF NOT MORE THAN$100 TO THE SMART
AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856 AND 1N THE COURT'S DISCRETION MAY BE
ORDERED TO ATTEND UP TO FOUR HOURS OF DRUG EDUCATION OR COUNSELING.
2, FOR A SECOND VIOLATION,IS GUILTY OF A PETTY OFFENSE,AND IN THE COURT'S DISCRETION
MAY BE ORDERED TO ATTEND UP TO EIGHT HOURS OF DRUG EDUCATION OR COUNSELING,
3. FOR A THIRD OR SUBSLQUENT VIOLATION,IS GUILTY OF A CLASS 1 MISDEMEANOR.
C. A PERSON WHO SMOKES MARIJUANA IN A PUBLIC PLACE OR OPEN SPACE IS GUILTY OF A PETTY
OFFENSE,
D. EXCEPT AS OTHERWISE PROVIDED IN CHAPTER 28,1 OF THIS TITLE AND NOTWITHSTANDING ANY
OTHER LAW,ANY UNLICENSED PERSON WHO CULTIVATES MARIJUANA PLANTS PURSUANT TO SECTION 36-2852
WHERE THEY ARE VISIBLE FROM PUBLIC VIEW WITHOUT USING BINOCULARS,AIRCRAFT OR OTHER OPTICAL
AIDS OR OUTSIDE OF AN ENCLOSED AREA THAT IS EQUIPPED WITH A LOCK OR OTHER SECURITY DEVICE THAT
PREVENTS ACCESS BY MINORS IS GUILTY OF:
1 FOR A FIRST VIOLATION,A PETTY OFFENSE.
2. FOR A SECOND OR SUBSEQUENT VIOLATION,A CLASS 3 MISDEMEANOR.
E. A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE AND WHO MISREPRESENTS THE
PERSON'S AGE TO ANY OTHER PERSON BY MEANS OF A WRITTEN INSTRUMENT OF IDENTIFICATION OR WHO
USES A FRAUDULENT OR FALSE WRITTEN INSTRUMENT OF IDENTIFICATION WITH THE INTENT TO INDUCE A
PERSON TO SELL OR OTHERWISE TRANSFER MARIJUANA OR A MARIJUANA PRODUCT TO THE PERSON WIIO IS
UNDER TWENTY-ONE YEARS OF AGE IS GUILTY OF:
1 FOR A FIRST VIOLATION,A PETIY OFFENSE
2 FOR A SECOND OR SUBSEQUENT VIOLATION,A CLASS l MISDEMEANOR.
F, A PERSON WHO IS CINDER TWENTY-ONE YEARS OF AGE AND WHO SOLICITS ANOTHER PERSON
TO PURCHASE MARIJUANA OR A MARIJUANA PRODUCT IN VIOLATION OF THIS CHAPTER IS GUILTY OF:
1. FOR A FIRST VIOLATION,A PETTY OFFENSE
2. FOR A SECOND OR SUBSEQUENT VIOLATION,A CLASS 3 MISDEMEANOR.
36-2854.Rules licelisin2e carlY apPlicnism ee •v' cna t •Irgal c u[ el
A. THE DEPARTMENT SHALL ADOPT RULES TO lMPLEIvIENT AND ENFORCE THIS CHAPTER AND
REGULATE MARIJUANA,MARIJUANA PRODUCTS,MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING
FACILITIES. THOSE RULES SHALL INCLUDE REQUIREMENTS FOR:
1. LICENSING MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES,INCLUDING
CONDUCTING INVESTIGATIONS AND BACKGROUND CHECKS TO DETERMINE ELIGIBILITY FOR LICENSING FOR
MARIJUANA ESTABLISIMENT AND MARIJUANA TESTING FACILITY APPLICANTS,EXCEPT THAT:
(a) AN APPLICATION FOR A MARIJUANA ESTABLISHMENT LICENSE OR MARIJUANA TESTING
FACILITY LICENSE MAY NOT REQUIRE THE DISCLOSURE OF THE IDENTITY OF ANY PERSON WHO IS ENTITLED
TO A SHARE OF LESS THAN TEN PERCENT OF THE PROFITS OF AN APPLICANT THAT IS A PUBLICLY TRADED
CORPORATION. _
L �V
Page 5 of 17 SEP 2 6 20i9
�r"70k!�rrl,r rT'c�v OF SIATE
(b) THE DEPARTMENT MAY NOT ISSUE MORE THAN ONE MARIJUANA ESTABLISHMENT LICENSE FOR
EVERY TEN PHARMACIES THAT HAVE REGISTERED UNDER SECTION 32-1929,THAT HAVE 013TAINED A
PHARMACY PERMIT FROM THE ARIZONA BOARD OF PHARMACY AND THAT OPERATE WITHIN THIS STATE.
(c) NOTWITHSTANDING SUBDIVISION(b)OF THIS PARAGRAPH,THE DEPARTMENT MAY ISSUE A
MARIJUANA ESTABLISHMENT LICENSE TO NOT MORE THAN TWO MARIJUANA ESTABLISHMENTS PER COUNTY
THAT CONTAINS NO REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARIES,OR ONE MARIJUANA
ESTABLISHMENT LICENSE PER COUNTY THAT CONTAINS ONE REGISTERED NONPROFIT MEDICAL MARIJUANA
DISPENSARY. ANY LICENSE ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE FOR A FIXED COUNTY AND
MAY NOT BE RELOCATED OUTSIDE OF THAT COUNTY.
(d) THE DEPARTMENT SHALL ACCEPT APPLICATIONS FOR MARIJUANA ESTABLISHMENT LICENSES
FROM EARLY APPLICANTS BEGINNING JANUARY 19,2021 THROUGH MARCH 9,2U21. NOT LATER THAN SIXTY
DAYS AFTER RECEIVING AN APPLICATION PURSUANT TO THIS SUBDIVISION,THE DEPARTMENT SIEALL ISSUE A
MARIJUANA ESTABLISHMENT LICENSE TO EACH QUALIFIED EARLY APPLICANT.IF THE DEPARTMENT HAS NOT
ADOPTED FINAL RULES PURSUANT TO THIS SECTION AT THE TIME MARIJUANA ESTABLISHMENT LICENSES ARE
ISSUED PURSUANT TO THIS SUBDIVISION,LICENSEES SHALL COMPLY WITH THE RULES ADOPTED BY THE
DEPARTMENT TO IMPLEMENT CHAPTER 28.1 OF THIS TITLE EXCEPT THOSE THAT ARE INCONSISTENT WITH THIS
CHAPTER.
(e) AFTER ISSUING MARIJUANA ESTABLISHMENT LICENSES TO QUALIFIED EARLY APPLICANTS,THE
DEPARTMENT SHALL ISSUE MARIJUANA ESTABLISHMENT LICENSES AVAILABLE UNDER SUBDIVISIONS(b)AND
(c)OF THIS PARAGRAPH BY RANDOM SELECTION AND ACCORDING TO RULES ADOPTED PURSUANT TO THIS
SECTION. AT LEAST SIXTY DAYS PRIOR TO ANY RANDOM SELECTION,THE DEPARTMENT SHALL PROMINENTLY
PUBLICIZE THE RANDOM SELECTION ON ITS WEBSITE AND THROUGH OTHER MEANS OF GENERAL
DISTRIBUTION INTENDED TO REACH AS MANY INTERESTED PARTIES AS POSSIBLE AND SHALL PROVIDE NOTICE
THROUGII AN EMAIL NOTIFICATION SYSTEM TO WHICH INTERESTED PARTIES CAN SUBSCRIBE.
(f) NOTWITHSTANDING SUBDIVISIONS(b)AND(c)OF THIS PARAGRAPH,AND NO LATER THAN SIX
MONTHS A=THE DEPARTMENT ADOPTS FINAL RULES TO IIvII'LEMENT A SOCIAL EQUITY OWNERSHIP
PROGRAM PURSUANT TO PARAGRAPH 9 OF THIS SUBSECTION,THE DEPARTMENT SHALL ISSUE TIVENTY-SIX
ADDITIONAL MARIJUANA ESTABLISHMENT LICENSES TO ENTITIES THAT ARE QUALIFIED PURSUANT TO THE
SOCIAL EQUITY OWNERSHIP PROGRAM.
(g) LICENSES ISSUED BY THE DEPARTMENT TO MARIJUANA ESTABLISHMENTS AND MARIJUANA
TESTING FACILITIES SHALL BE VALID FOR A PERIOD OF TWO YEARS.
2. LICENSING FEES AND RENEWAL FEES FOR MARIJUANA ESTABLISHMENTS AND MARIJUANA
TESTING FACILITIES IN AMOUNTS THAT ARE REASONABLE AND RELATED TO THE ACTUAL COST OF
PROCESSING APPLICATIONS FOR LICENSES AND RENEWALS AND THAT DO NOT EXCEED FIVE TIMES THE FEES
PRESCRIBED BY THE DEPARTMENT TO REGISTER OR RENEW A NONPROFIT'MEDICAL.MARIJUANA DISPENSARY.
3. THE SECURITY OF MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES.
4. MARIJUANA ESTABLISHMENTS TO SAFELY CULTIVATE,PROCESS AND MANUFACTURE
MARIJUANA AND MARIJUANA PRODUCTS.
5. TRACKING,TESTING,LABELING AND PACKAGING MARIJUANA AND MARIJUANA PRODUCT'S,
INCLUDING REQUIREMENTS THAT MARIJUANA AND MARIJUANA PRODUCTS BE:
(a) SOLD TO CONSUMERS IN CLEARLY AND CONSPICUOUSLY LABELED CONTAINERS THAT CONTAIN
ACCURATE WARNINGS REGARDING THE USE OF MARIJUANA OR MARIJUANA PRODUCTS,
(b) PLACED IN CHILD-RESISTANT PACKAGING ON EXIT FROM A MARIJUANA ESTABLISHMENT.
6. FORMS OF GOVERNMENT-ISSUED IDENTIFICATION THAT ARE ACCEPTABLE BY A MARIJUANA
ESTABLISHMENT VERIFYING A CONSUMER'S AGE AND PROCEDURES RELATED TO VERIFYING A CONSUMER'S
AGE CONSISTENT WITH SECTION 4-241.UNTIL THE DEPARTMENT ADOPTS FINAL RULES RELATED TO VERIFYING
A CONSUMER'S AGE,MARIJUANA ESTABLISHMENTS SHALL COMPLY WITH THE PROOF OF LEGAL AGE
REQUIREMENTS PRESCRIBED IN SECTION 4-241.
7. THE POTENCY OF EDIBLE MARIJUANA PRODUCTS THAT MAY BE SOLD TO CONSUMERS BY
MARIJUANA ESTABLISHMENTS AT REASONABLE LEVELS UPON CONSIDERATION OF INDUSTRY STANDARDS,
EXCEPT THAT THE RULES:
(a) SHALL LIMIT THE STRENGTH OF EDIBLE MARIJUANA PRODUCTS TO NO MORE THAN TEN
MILLIGRAMS OF TETRAHYDROCANNABINOL PER SERVING OR ONE HUNDRED MILLIGRAMS OF
T1 tRAI IYDROCANNABINOL PER PACKAGE.
(b) SHALL REQUIRE THAT IF A MARIJUANA PRODUCT CONTAINS MORE THAN ONE SERVING,IT MUST
BE DELINEATED OR SCORED INTO STANDARD SERVING SIZES AND HOMOGENIZED TO ENSURE UNIFORM
DISBURSEMENT THROUGHOUT THE MARIJUANA PRODUCT.
8. ENSURING THE HEALTH,SAFETY AND TRAINING OF EMPLOYEES OF MARIJUANA
ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES. F� SEP
Pagc 6 oC17
2019
ARIZONA SECRETARY OF STATE
L
6 2MARY OF STATE
9. THE CREATION AND IMPLEMENTATION OF A SOCIAL EQUITY OWNERSHIP PROGRAM TO
PROMOTE THE OWNERSHIP AND OPERATION OF MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING
FACILITIES BY INDIVIDUALS FROM COMMUNITIES DISPROPORTIONATELY IMPACTED BY THE ENFORCEMENT OF
PREVIOUS MARIJUANA LAWS.
B. THE DEPARTMENT MAY:
1. SUBJECT TO TITLE 41,CHAPTER 6,ARTICLE 10,DENY ANY APPLICATION SUBMITTED OR DENY,
SUSPEND OR REVOKE,IN WHOLE OR IN PART,ANY REGISTRATION OR LICENSE ISSUED UNDER THIS CHAPTER IF
THE REGISTERED OR LICENSED PARTY OR AN OFFICER,AGENT OR EMPLOYEE OF THE REGISTERED OR
LICENSED PARTY DOES ANY OF THE FOLLOWING:
(a) VIOLATES THIS CHAPTER OR ANY RULE ADOPTED PURSUANT TO THIS CHAPTER.
(b) HAS BEEN,IS OR MAY CONTINUE TO BE IN SUBSTANTIAL VIOLATION OF THE REQUIREMENTS
FOR LICENSING OR REGISTRATION AND,AS A RESULT,THE HEALTH OR SAFETY OF THE GENERAL PUBLIC IS IN
IMMEDIATE DANGER.
2, SUBJECT TO TITLE 41,CHAPTER 6,ARTICLE 10,AND UNLESS ANOTHER PENALTY IS PROVIDED
ELSEWHERE IN THIS CHAPTER,ASSESS A CIVIL PENALTY AGAINST A PERSON THAT VIOLATES THIS CHAPTER OR
ANY RULE ADOPTED PURSUANT TO THIS CHAPTER IN AN AMOUNT NOT TO EXCEED$1,000 FOR EACH
VIOLATION. EACH DAY A VIOLATION OCCURS CONSTITUTES A SEPARATE VIOLATION. THE MAXIMUM
AMOUNT OF ANY ASSESSMENT IS$25,000 FOR ANY THIRTY-DAY PERIOD. IN DETERMINING THE AMOUNT OF A
f 1 CIVII.PENALTY ASSESSED AGAINST A PERSON,THE DEPARTMENT SHALL CONSIDER ALL OF THE FACTORS SET
1 FORTH IN SECTION 36-2816,SUBSECTION H. ALL CIVIL PENALTIES COLLECTED BY THE DEPARTMENT PURSUANT
1 TO THIS PARAGRAPH SHALL BE DEPOSITED IN THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION
36-2856.
1 3. AT ANY TIME DURING REGULAR HOURS OF OPERATION,VISIT AND INSPECT A MARIJUANA
ESTABLISHMENT,MARIJUANA TESTING FACIi_iTY OR DUAL LICENSEE-TO DETERMINE IF IT COMPLIES WITH THIS
CHAPTER AND RULES ADOPTED PURSUANT TO THIS CHAPTER.THE DEPARTMENT SHALL MAKE AT LEAST ONE
UNANNOUNCED VISIT ANNUALLY TO EACH FACILITY LICENSED PURSUANT TO THIS CHAPTER.
4. ADOPT ANY OTHER RULES NOT EXPRESSLY STATED IN THIS SECTION THAT ARE NECESSARY TO
ENSURE THE SAFE AND RESPONSIBLE CULTIVATION,SALE,PROCESSING,MANUFACTURE,TESTING AND
TRANSPORT OF MARIJUANA AND MARIJUANA PRODUCTS,
C. UNTIL THE DEPARTMENT ADOPTS RULES PERMITTING AND REGULATING DELIVERY BY
r� MARIJUANA ESTABLISHMENTS PURSUANT TO SUBSECTION D OF THIS SECTION,DELIVERY 1S UNLAWFUL
UNDER THIS CHAPTER.
D. ON OR AFTER JANUARY 1,2023,THE DEPARTMENT MAY,AND NO LATER THAN JANUARY 1,2025
THE DEPARTMENT SHALL,ADOPT RULES TO PERMIT AND REGULATE DELIVERY BY MARIJUANA
ESTABLISHMENTS. THE RULES SHALL:
I, REQUIRE THAT DELIVERY AND THE MARIJUANA AND MARIJUANA PRODUCTS TO BE DELIVERED
ORIGINATE FROM A DESIGNATED RETAIL LOCATION OF A MARIJUANA ESTABLISHMENT AND ONLY AFTER AN
ORDER IS MADE WITH TT-IE MARIJUANA ESTABLISHMENT BY A CONSUMER.
2. PROIHBIT DELIVERY TO ANY PROPERTY OWNED OR LEASED BY THE UNITED STATES,THIS
STATE,A POLITICAL SUBDIVISION OF THIS STATE OR THE ARIZONA BOARD OF REGENTS,
3. LIMIT THE AMOUNT OF MAR.LIUANA AND MARIJUANA PRODUCTS BASED ON RETAIL PRICE TIIAT
MAY BE IN A DELIVERY VEHICLE DURING A SINGLE TRIP FROM THE DESIGNATED RETAIL LOCATION OF A
MARIJUANA ESTABLISHMENT.
4. PROHIBIT EXTRA OR UNALLOCATED MARIJUANA OR MARIJUANA PRODUCTS IN DELIVERY
VEHICLES.
5. REQUIRE THAT DELIVERIES BE MADE ONLY BY MARIJUANA FACILITY AGENTS IN UNMARKED
VEHICLES THAT ARE EQUIPPED WITH A GLOBAL POSITIONING SYSTEM OR SIMILAR LOCATION TRACKING
SYSTEM AND VIDEO SURVEILLANCE AND RECORDING EQUIPMENT,AND THAT CONTAIN A LOCKED
COMPARTMENT IN WHICH MARIJUANA AND MARIJUANA PRODUCTS MUST BE STORED.
6. REQUIRE DELIVERY LOGS NECESSARY TO ENSURE COMPLIANCE WITH THIS SUBSECTION AND
RULES ADOPTED PURSUANTTO THIS SUBSECTION.
7. REQUIRE INSPECTIONS TO ENSURE COMPLIANCE WITH THIS SUBSECTION AND RULES ADOPTED
PURSUANT TO THIS SUBSECTION.
8. INCLUDE ANY OTHER PROVISIONS NECESSARY TO ENSURE SAFE AND RESTRICTED DELIVERY.
9. REQUIRE DUAL LICENSEES TO COMPLY WITH THE RULES ADOPTED PURSUANT TO THIS
SUBSECTION.
E EXCEPT AS PROVIDED IN SUBSECTION D OF THIS SECTION,THE DEPARTMENT MAY NOT PERMIT
DELIVERY OF MARIJUANA OR MARIJUANA PRODUCTS UNDER THIS CHAPTER BY ANY INDIVIDUAL OR ENTITY.
IN ADDITION TO ANY OTHER PENALTY IMPOSED BY LAW,AN INDIVIDUAL OR ENTITY THAT DELIVERS
MARIJUANA OR MARIJUANA PRODUCTS IN A MANNER THAT IS NOT AUTHORIZED BY THIS CHAPTER SHALL PAY
Page 7 of 17
A CIVIL PENALTY OF$20,000 PER VIOLATION TO THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY
SECTION 36-2856. TRIS SUBSECTION MAY BE ENFORCED BY THE ATTORNEY GENERAL.
F ALL RULES ADOPTED BY THE DEPARTMENT PURSUANT TO THIS SECTION SHALL BE CONSIS'ITN l
WITH THE PURPOSE OF THIS CHAPTER.
G THE DEPARTMENT MAY NOI ADOPT ANY RULE THAT:
1 PROHIBITS THE OPERATION OF MARIJUANA ESTABLISHMENTS,EITHER EXPRESSLY OR TITROUGH
REQUIREMENTS THAT MAKE THE OPERATION OF A MARIJUANA ESTABLISHMENT UNDULY BURDENSOME.
2 PROHIBITS OR INTERFERES WITH THE ABILITY OF A DUAL LICENSEE TO OPERATE A MARIJUANA
ESTABLISHMENT AND A NONPROFIT MEDICAL MARIJUANA DISPENSARY AT SHARED LOCATIONS.
H. NOTWITHSTANDING SECTION 41-192,THE DEPARTMENT MAY EMPLOY LEGAL COUNSEL AND
MAKE AN EXPENDITURE OR INCUR AN INDEBTEDNESS FOR LEGAL SERVICES FOR THE PURPOSES OF:
I DEFENDING THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER.
2 DEFENDING CHAPTER 28,1 OF THIS TITLE OR RULES ADOPTED PURSUANT TO CHAPTER 28.1 OF
THIS TITLE.
I. THE DEPARTMENT SHALL DEPOSIT ALL LICENSE FEES,APPLICATION FEES AND RENEWAL FEES
PAID TO THE DEPARTMENT PURSUANT TO THIS CHAPTER IN THE SMART AND SAFE ARIZONA FUND
ESTABLISHED BY SECTION 36-2856.
J. ON REQUEST,THE DEPARTMENT SHALL SHARE WITH THE DEPARTMENT OF REVENUE
INFORMATION REGARDING A MARIJUANA ESTABLISHMENT,MARIJUANA TESTING FACILITY OR DUAL
LICENSEE,INCLUDING ITS NAME,PHYSICAL ADDRESS,CULTIVATION SITE AND TRANSACTION PRIVILEGE TAX
LICENSE NUMBER.
K. NOTWI LISTANDING ANY OTHER LAW,THE DEPARTMENT MAY:
I. LICENSE AN INDEPENDENT THIRD-PARTY LABORATORY TO ALSO OPERATE AS A MARIJUANA
TESTING FACILITY.
2. OPERATE A MARIJUANA TESTING FACILITY.
L. THE DEPARTMENT SHALL MAINTAIN AND PUBLISH A CURRENT LIST OF ALL MARIJUANA
ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES BY NAME AND LICENSE NUMBER
M NOTWITHSTANDING ANY OTHER LAW,THE ISSUANCE OF AN OCCUPATIONAL,PROFESSIONAL OR
OTHER REGULATORY LICENSE OR CERTIFICATION TO A PERSON BY A JURISDICT10N OR REGULATORY
AUITIORITY OUTSIDE THIS STATE DOES NOT ENTITLE THAT PERSON TO BE ISSUED A MARIJUANA
ESTABLISHMENT LICENSE,A MARIJUANA TESTING FACILITY LICENSE,OR ANY OTHER LICENSE,REGISTRATION
OR CERTIFICATION UNDER THIS CHAPTER.
36-2855,h1a66uana facility_agcnt5:rcyis(rationt card;ruic5
A. A MARIJUANA FACILITY AGENT SHALL BE REGISTERED WITH THE DEPARTMENT 13E ORE
WORKING AT A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY,
B. A PERSON WHO WISHES TO BE REGISTERED AS A MARIJUANA FACILITY AGENT OR RENEW THE
PERSON'S REGISTRATION AS A MARIJUANA FACILITY AGENT SHALL:
1, SUBMIT A COMPLETED APPLICATION ON A FORM PRESCRIBED BY THE DEPARTMENT AND PAY A
NONREFUNDABLE FEE THAT IS REASONABLE AND RELATED TO THE ACTUAL COST OF PROCESSING
APPLICATIONS SUBMITTED PURSUANT TO THIS SECTION.
2. SUBMIT EVIDENCE THAT THE APPLICANT HOLDS A CURRENT LEVEL 1 FINGERPRINT CLEARANCE
CARD ISSUED PURSUANT TO SECTION 41-1758.07,OR SUBMIT A FULL SET OF THE APPLICANT'S FINGERPRINTS
FOR THE PURPOSE OF OBTAINING A STATE AND FEDERAL CRIMINAL RECORDS CHECK PURSUANT TO SECTION
41-1750 AND PUBLIC LAW 92-544. THE DEPARTMENT OF PUBLIC SAFETY MAY EXCHANGE THIS FINGERPRINT
DATA WITH THE FEDERAL BUREAU OF INVESTIGATION WITHOUT DISCLOSING THAT THE RECORDS CHECK IS
RELATED TO THIS CHAPTER AND ACTS ALLOWED BY THIS CHAPTER. THE DEPARTMENT OF PUBLIC SAFETY
SHALL DESTROY EACH SET OF FINGERPRINTS AFTER THE CRLMINAL RECORDS CHECK IS COMPLETED.
C. IF THE DEPARTMENT DETERMINES THAT AN APPLICANT MEETS THE CRITERIA FOR
REGISTRATION UNDER THIS CHAPTER AND RULES PURSUANT TO THIS CIIAPTER,THE DEPARTMENT SHALL
ISSUE THE APPLICANT A MARIJUANA FACILITY AGENT CARD THAT IS VALID FOR TWO YEARS.
D. A REGISTERED MARIJUANA FACILITY AGENT MAY BE EMPLOYED BY OR ASSOCIATED WITH ANY
MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY.A MARIJUANA ESTABLISHMENT OR
MARIJUANA TESTING FACILITY SHALL PROMPTLY NOTIFY THE DEPARTMENT WHEN IT EMPLOYS OR BECOMES
ASSOCIATED WITH A NEW MARIJUANA FACILITY AGENT.A MARIJUANA FACILITY AGENT SHALL PROMPTLY
NOTIFY THE-DEPARTMENT WHEN THE MARIJUANA FACILITY AGENT IS EMPLOYED BY OR BECOMES
ASSOCIATED WITH A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY AND WHEN THE
MARIJUANA FACILITY AGENT IS NO LONGER EMPLOYED BY OR ASSOCIATED 1VITR A MARIJUANA
ESTABLISHMENT OR MARIJUANA TESTING FACILITY.
Page 8 of 17
SEP 2 6 2019
ARIZONA SECRETARY OF STATE
E A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT OF A DUAL LICENSEE WHO HAS
APPLIED TO BE REGISTERED AS A MARIJUANA FACILITY AGENT MAY SERVE AS A MARIJUANA FACILITY AGENT
OF THAT DUAL LICENSEE UNTIL THE DEPARTMENT HAS APPROVED OR REJECTED THE AGENT'S APPLICATION
F THE DEPARTMENT SHALL ADOPT RULES TO IMPLEMENT THIS SECTION.
36-2856 Smart and safe Arizona fund,disposition:exemption
1 A. THE SMART AND SAFE ARIZONA FUND IS ESTABLISHED CONSISTING OF ALL MONIES DEPOSITED
{l PURSUANT TO SECTIONS 36-2954,42-5452 AND 42-5503,PRIVATE DONATIONS AND INTEREST EARNED ON THOSE
MONIES. MONIES IN THE FUND ARE CONTINUOUSLY APPROPRIATED. MONIES IN THE FUND AND ITS ACCOUNTS
MAY NOT BE TRANSFERRED TO ANY OTHER FUND EXCEPT AS PROVIDED IN THIS SECTION,DO NOT REVERT TO
THE STATE GENERAL FUND AND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO THE
LAPSING OF APPROPRIATIONS.THE STATE TREASURER SHALL ADMINISTER THE FUND.
B ALL MONIES IN THE SMART AND SAFE ARIZONA FUND MUST FIRST BE SPENT,AND THE STATE
TREASURER SHALL TRANSFER MONIES FROM THE FUND,TO PAY:
k 1 l TIIE ACTUAL REASONABLE COSTS INCURRED BY THE DEPARTMENT TO IMPLEMENT,CARRY OUT
AND ENFORCE THIS CHAPTER AND RULES ADOPTED PURSUANT TO THIS CHAPTER.
2. THE ACTUAL REASONABLE COSTS INCURRED BY THE DEPARTMENT OF REVENUE TO IMPOSE
AND ENFORCE THE TAX AUTHORIZED AND LEVIED BY SECTION 42-5452.
a 3. THE ACTUAL REASONABLE COSTS INCURRED BY THE SUPREME COURT AND THE DEPARTMENT
' OF PUBLIC SAFETY TO PROCESS PETITIONS FOR EXPUNGEMENT AND EXPUNGEMENT ORDERS PURSUANT TO
SECTION 36-2862 AND TO OTHERWISE IMPLEMENT SECTION 36-2862.
4 THE ACTUAL REASONABLE COSTS INCURRED BY THE STATE TREASURER TO ADMINISTER THE
FUND
5 ANY OTHER MANDATORY EXPENDITURE OF STATE REVENUES REQUIRED BY THIS CHAPTER TO
IMPLEMENT OR ENFORCE THE PROVISIONS OF THIS CHAPTER.
C THE STATE TREASURER MAY PRESCRIBE FORMS NECESSARY TO MAKE TRANSFERS FROM THE
SMART AND SAFE ARIZONA FUND PURSUANT TO SUBSECTION B OF THIS SECTION.
D. ON OR BEFORE JUNE 30 AND DECEMBER 31 OF EACH YEAR,THE STATE TREASURER SHALL
TRANSFER ALL MONIES IN THE SMART AND SAFE ARIZONA FUND IN EXCESS OF THE AMOUNTS PAID PURSUANT
l TO SUBSECTION B OF THIS SECTION AS FOLLOWS:
I. 33 PERCENT TO COMMUNITY COLLEGE DISTRICTS AND PROVISIONAL COMMUNITY COLLEGE
DISTRICTS,BUT NOT TO COMlaJNTTY COLLEGE TUITION FINANCING DISTRICTS ESTABLISHED PURSUANT TO
SECTION 15-1409,FOR THE PURPOSES OF INVESTING IN AND PROVIDING WORKFORCE DEVELOPMENT
PROGRAMS,JOB TRAINING,CAREER AND TECHNICAL EDUCATION,AND SCIENCE,TECHNOLOGY,ENGINEERING
AND MATH PROGRAMS,AS FOLLOWS:
(a) 15 PERCENT OF THE 33 PERCENT DIVIDED EQUALLY BETWEEN EACH COMMUNITY COLLEGE
DISTRICT.
(b) 0.5 PERCENT OF THE 33 PERCENT DIVIDED EQUALLY BETWEEN EACH PROVISIONAL COMMUNITY
COLLEGE DISTRICT,IF ONE OR MORE PROVISIONAL COMMUNITY COLLEGE DISTRICTS EXIST.
(c) THE REMAINDER TO COMMUNITY COLLEGE DISTRICTS AND PROVISIONAL COMMUNITY
COLLEGES DISTRICTS IN PROPORTION TO EACH DISTRICT'S FULL-TINIE EQUIVALENT STUDENT ENROLLMENT
l PERCENTAGE OF THE TOTAL STATEWIDE AUDITED FULL-TIME EQUIVALENT STUDENT ENROLLMENT IN THE
PRECEDING FISCAL YEAR PRESCRIBED IN SECTION 15-1466 01.
2. 31.4 PERCENT TO MUNICIPAL POLICE DEPARTMENTS,MUNICIPAL FIRE DEPARTMENTS,FIRE
DISTRICTS ESTABLISHED PURSUANT TO TITLE 48,CHAPTER 5 AND COUNTY SHERIFFS'DEPARTMENT'S IN
PROPORTION TO TTIF NUMBER OF ENROLLED MEMBERS FOR EACH SUCH AGENCY IN THE PUBLIC SAFETY
PERSONNEL RETIREMENT SYSTEM ESTABLISHED BY TITLE 38,CHAPTER 5,ARTICLE 4 AND THE PUBLIC SAFETY
PERSONNEL DEFINED CONTRIBUTION PLAN ESTABLISI-LED BY TITLE 38,CHAPTER 5,ARTICLE 4.1,FOR
PERSONNEL COSTS.
3. 25.4 PERCENT TO THE ARIZONA HIGHWAY USER REVENUE FUND ESTABLISHED BY SECTION 28-
6533.
4. 10 PERCENT TO THE JUSTICE REINVF-STML-NT FUND ESTABLISHED BY SECTION 36-2863.
5. 0.2 PERCENT TO TIC ATTORNEY GENERAL TO USE TO ENFORCE TINS CHAPTER,OR TO GRANT TO
LOCALITIES TO ENFORCE THIS CHAPTER
E. THE MONIES TRANSFERRED AND RECEIVED PURSUANT TO THIS SECTION:
l. ARE IN ADDITION TO ANY OTHER APPROPRIATION,'TRANSFER OR OTHER ALLOCATION OF
MONIES AND MAY NOT SUPPLANT,REPLACE OR CAUSE A REDUCTION IN OTHER FUNDING SOURCES.
1 2, ARE NOT CONSIDERED LOCAL REVENUES FOR THE PURPOSES OF ARTICLE IX,SECTIONS 20 AND
21,CONSTITUTION OF ARIZONA.
i
Page 9 of 17
t
SEP 2 6 2019
1
ARIZONA SECRETARY OF STATE
0 L E
SEP 2 6 2019
36-2857.Localities:marijuana csta lishment and marijuana t stin facilitic
A. A LOCALITY MAY: ARIZONA SECRETARY OF STATE
I. ENACT REASONABLE ZONING REGULATIONS THAT LIMIT THE USE OF LAND FOR MARIJUANA
ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES TO SPECFRFD AREAS.
2. LIMTT TI-lF NUMBER OF MARIJUANA ESTABLISHMENTS OR MARIJUANA TESTING FACILITIES,OR
BOTH.
3. PROHIBIT MARIJUANA ESTABLISHMENTS OR MARIJUANA TESTING FACILITIES,OR BOTH.
4. REGULATE THE TIME,PLACE AND MANNER OF MARIJUANA ESTABLISHMENT AND MARIJUANA
TESTING FACILITY OPERATIONS,
5. ESTABLISH REASONABLE RESTRICTIONS ON PUBLIC SIGNAGE REGARDING MARIJUANA,
MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES.
6. PROHIBIT OR RESTRICT DELIVERY WITHIN ITS JURISDICTION.
B. A COUNTY MAY EXERCISE ITS AUTHORITY PURSUANT TO SUBSECTION A OF THIS SECTION ONLY
IN UNINCORPORATED AREAS OF THE COUNTY.
C. A LOCALITY MAY NOT ENACT ANY ORDINANCE,REGULATION OR RULE THAT:
1. IS MORE RESTRICTIVE THAN A COMPARABLE ORDINANCE,REGULATION OR RULE THAT APPLIES
TO NONPROFIT MEDICAL MARIJUANA DISPENSARIES.
2, MAKES THE OPERATION OF A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY
UNDULY BURDENSOME IF THE LOCALITY HAS NOT PROHIBITED MARIJUANA ESTABLISHMENTS OR MARIJUANA
TESTING FACILITIES.
3. CONFLICT'S NVTTH THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER
4. PROHIBITS THE TRANSPORTATION OF MARIJUANA BY A MARIJUANA ESTABLISHMENT OR
MARIJUANA TESTING FACILITY ON PUBLIC ROADS.
5, RESTRICTS DR INTERFERES WITH THE ABILITY OF A DUAL LICENSEE OR AN ENTITY ELIGIBLE TO
BECOME A DUAL LICENSEE TO OPERATE A NONPROFIT MEDICAL MARIJUANA DISPENSARY AND A MARIJUANA
ESTABLISHMENT COOPERATIVELY AT SHARED LOCATIONS.
6. EXCEPT AS EXPRESSLY AUTHORIZED BY THIS SECTION OR SECTION 36-2E51,PROHIBITS OR
RESTRICTS ANY CONDUCT OR TRANSACTION ALLOWED BY THIS CHAPTER,OR IMPOSES ANY LIABILITY OR
PENALTY IN ADDITION TO THAT PRESCRIBED BY THIS CHAPTER FOR ANY CONDUCT OR TRANSACTION
CONSTITUTING A VIOLATION OF THIS CHAPTER.
36-2858.lAwful gumtiona cstablishincnis ond mulivana t
A. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED IN SECTION 36-2857 AND
NOTWITHSTANDING ANY OTHER LAW,IT IS LAWFUL AND IS NOT AN OFFENSE UNDER THE LAWS OF THIS STATE.
OR ANY LOCALITY,MAY NOT CONSTITUTE THE BASIS FOR DETENTION,SEARCH OR ARREST,AND MAY NOT
CONSTITUTE THE SOLE BASIS FOR SEIZURE OR FORFEITURE OF ASSETS OR THE BASIS FOR IMPOSING PENALTIES
UNDER THE LAWS OF THIS STATE OR ANY LOCALITY FOR:
1. A MARIJUANA ESTABLISHMENT,OR AN AGENT ACTING ON BEHALF OF A MARIJUANA
ESTABLISHMENT,TO:
(a) POSSESS MARIJUANA OR MARIJUANA PRODUCTS.
(b) PURCHASE,SELL OR TRANSPORT MARIJUANA AND MARIJUANA PRODUCTS TO OR FROM A
MARIJUANA ESTABLISHMENT.
(c) SELL MARIJUANA AND MARIJUANA PRODUCTS TO CONSUMERS,EXCEPT THAT A MARIJUANA
ESTABLISHMENT MAY NOT SELL MORE THAN ONE OUNCE OF MARIJUANA TO A CONSUMER IN A SINGLE
TRANSACTION,NOT MORE THAN FIVE GRAMS OF WHICH MAY BE IN THE FORM OF MARIJUANA CONCENTRATE..
(d) CULTIVATE,PRODUCE,TEST OR PROCESS MARIJUANA OR MANUFACTURE MARIJUANA OR
MARIJUANA PRODUCTS BY ANY MEANS INCLUDING CHEMICAL EXTRACTION OR CHEMICAL SYNTHESIS.
2. AN AGENT ACTING ON 13EEIALF OF A MARIJUANA ESTABLISHMENT TO SET I OR OTHERWISE
TRANSFER MARIJUANA TO AN INDIVIDUAL UNDER TWENTY-ONE YEARS OF AGE,IF THE AGENT REASONABLY
VERIFIED THAT THE INDIVIDUAL APPEARED TO BE TWENTY-ONE YEARS OF AGE OR OLDER BY MEANS OF A
GOVERNMENT-ISSUED PHOTOGRAPHIC IDENTIFICATION IN COMPLIANCE WITH RULES ADOPTED PURSUANT TO
SECTION 36-2854,SUBSECTION A,PARAGRAPH 6,
3. A MARIJUANA TESTING FACILITY,OR AN AGENT ACTING ON BEHALF OF A MARIJUANA TESTING
FACILITY,TO OBTAIN,POSSESS,PROCESS,REPACKAGE,TRANSFER,TRANSPORT OR TEST MARIJUANA AND
MARIJUANA PRODUCTS.
4. A NONPROFIT MEDICAL MARIJUANA DISPENSARY OR A MARIJUANA ESTABLISIMMNT,OR AN
AGENT ACTING ON BEHALF OF A NONPROFIT MEDICAL MARIJUANA DISPENSARY OR A MARIJUANA
ESTABLISHMENT,TO SELL OR OTHERWISE TRANSFER MARIJUANA OR MARIJUANA PRODUCTS TO A NONPROFIT
MEDICAL MARIJUANA DISPENSARY,A MARIJUANA ESTABLISHMENT OR AN AGENT ACTING ON BEHALF OF A
NONPROFIT MEDICAL MARIJUANA DISPENSARY OR A MARIJUANA ESTABLISHMENT.
Page 10 of 17
SEP 2 6 2019
ARIZONA SETHARY OF STATE
5, ANY INDIVIDUAL,CORPORATION OR OTHER ENTITY TO SELL,LEASE OR OTHERWISE ALLOW
PROPERTY OR GOODS THAT ARE OWNED,MANAGED OR CONTROLLED BY THE INDIVIDUAL,CORPORATION OR
OTHER ENTITY TO BE USED FOR ANY ACTIVITY AUTHORIZED BY THIS CHAPTER,OR TO PROVIDE SERVICES TO A
MARIJUANA ESTABLISHMENT,OR MARIJUANA TESTING FACILITY OR AGENT ACTING ON BEHALF OF A
MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY IN CONNECTION WITH ANY ACTIVITY
AUTHORIZED BY THIS CHAPTER.
B. THIS SECTION DOES NOT PRECLUDE THE DEPARTMENT FROM IMPOSING PENALTIES AGAINST A
MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY FOR FAILING TO COMPLY WITH THIS CHAPTER
j OR RULES ADOPTED PURSUANT TO THIS CHAPTER,
C. A MARIJUANA ESTABLISHMENT MAY BE OWNED OR OPERATED BY A PUBLICLY TRADED
COMPANY.
i D. NOTWITHSTANDING ANY OTHER LAW,A DUAL LICENSEE:
i I MAY HOLD A MARIJUANA ESTABLISHMENT LICENSE AND OPERATE A MARIJUANA
ESTABLISHMENT PURSUANT TO THIS CHAPTER
2- MAY OPERATE ON A FOR-PROFIT BASIS IF THE DUAL LICENSEE PROMPTLY NOTIFIES THE
DEPARTMENT AND DEPARTMENT OF REVENUE AND TAKES ANY ACTIONS NECESSARY TO ENABLE ITS FOR-
PROFIT OPERATION,INCLUDING CONVERTING ITS CORPORATE FORM AND AMENDING ITS ORGANIZATIONAL
AND OPERATING DOCUMENTS.
3. MUST CONTINUE TO HOLD BOTH ITS MARIJUANA ESTABLISHMENT LICENSE AND NONPROFIT
MEDICAL MARIJUANA DISPENSARY REGISTRATION,REGARDLESS OF ANY CHANGE IN OWNERSHIP OF THE
DUAL LICENSEE,UNLESS IT TERMINATES ITS STATUS AS A DUAL LICENSEE AND FORFEITS EITHER ITS
MARIJUANA ESTABLISHMENT LICENSE OR NONPROFIT MEDICAL MARIJUANA DISPENSARY REGISTRATION BY
NOTIFYING THE DEPARTMENT OF SUCH A TERMINATION AND FORFEITURE,
4. MAY NOT BE REQUIRED TO
(a) EMPLOY OR CONTRACT WITH A MEDICAL DIRECTOR
(b) OBTAIN NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT OR MARIJUANA FACILITY
AGENT REGISTRATIONS FOR OUTSIDE VENDORS THAT DO NOT HAVE REGULAR,UNSUPERVISED ACCESS TO THE
INTERIOR OF THE DUAL LICENSEE.
i (c) HAVE AS INGLE SECURE ENTRANCE AS REQUIRED BY SECTION 36-2806,SUBSECTION C,BUT MAY
E BE REQUIRED TO IMPLEMENT APPROPRIATE SECURITY MEASURES TO DETER AND PREVENT THE THEFT OF
MARIJUANA AND TO REASONABLY REGULATE CUSTOMER ACCESS TO THE PREMISES.
(d) COMPLY WITH ANY OTHER PROVISION OF CHAPTER 28.1 OF THIS TITLE OR ANY RULE ADOPTED
PURSUANT TO CHAPTER 28.1 OF THIS TITLE THAT MAKES ITS OPERATION AS A DUAL LICENSEE UNDULY
BURDENSOME,
E. NOTWITHSTANDING ANY OTHER LAW,A DUAL LICENSEE THAT ELECTS TO OPERATE ON A FOR-
PROFIT BASIS PURSUANT TO SUBSECTION D,PARAGRAPH 2 OF THIS SECTION:
I. IS SUBJECT TO THE TA,\7ES IMPOSED PURSUANT TO TIME 43,
2, IS NOT REQUIRED TO SUBMIT ITS ANNUAL FINANCIAL STATEMENTS OR AN AUDIT REPORT TO
THE DEPARTMENT FOR PURPOSES OF RENEWING ITS NONPROFIT IYfEDICAL MAIUJUANA DISPENSARY
REGISTRATION.
F. NOTWITHSTANDING ANY OTHER LAW,A DUAL LICENSEE MUST CONDUCT BOTH OF THE
FOLLOWING OPERATIONS AT A SHARED LOCATION:
I. SELL MARIJUANA AND MARIJUANA PRODUCTS TO CONSUMERS PURSUANT TO THIS CHAPTER.
2. DISPENSE MARIJUANA TO REGISTERED QUALIFYING PATIENTS AND REGISTERED DESIGNATED
CAREGIVERS PURSUANT TO CHAPTER 28.1 OF THIS TITLE.
G. NOTWITHSTANDING CHAPTER 28.1 OF THIS TITLE OR ANY RULE ADOPTED PURSUANT TO
CHAPTER 28.1 OF THIS TITLE,A DUAL LICENSEE MAY ENGAGE IN ANY ACT,PRACTICE,CONDUCT OR
TRANSACTION ALLOWED FOR A MARIJUANA ESTABLISHMENT BY THIS CHAPTER.
H. NOTWITHSTANDING ANY OTHER LAW:
I. AN INDIVIDUAL MAY BE AN APPLICANT,PRINCIPAL OFFICER OR BOARD MEMBER OF MORE
THAN ONE MARIJUANA ESTABLISHMENT OR MORE THAN ONE DUAL LICENSEE REGARDLESS OF THE
ESTABLISHA4ENT'S LOCATION.
2. TWO OR MORE MARIJUANA ESTABLISHMENTS OR DUAL LICENSEES MAY DESIGNATE A SINGLE
OFF-SITE LOCATION AS PRESCRIBED IN SECTION 36-2850,PARAGRAPH 18,SUBDIVISION(c)TO BE JOINTLY USED
BY THOSE DUAL LICENSEES OR MARIJUANA ESTABLISHMENTS.
I. MARIJUANA ESTABLISHMENTS,MARIJUANA TESTING FACILITIES AND DUAL LICENSEES THAT
ARE SUBJECT TO APPLICABLE FEDERAL OR STATE ANTIDISCRIMINATION LAWS MAY NOT PAY THEIR
EMPLOYEES DIFFERENTLY BASED SOLELY ON A PROTECTED CLASS STATUS SUCH AS SEX,RACE,COLOR,
RELIGION,NATIONAL ORIGIN,AGE OR DISABILITY.THIS SUBSECTION DOES NOT EXPAND OR MODIFY THE
JURISDICTIONAL REACH,PROVISIONS OR REQUIREMENTS OF ANY APPLICABLE ANTI-DISCRIMINATION LAW.
Page 11 of 17
i
36-2859.AAdvcrtising restrictions;en fqrccmentt civil pcnalty
A. A MARIJUANA ESTABLISHMENT OR NONPROFIT MEDICAL MARIJUANA DISPENSARY MAY
ENGAGE IN ADVERTISING,
B. AN ADVERTISING PLATFORM MAY HOST ADVERTISING ONLY IF ALL OF THE FOLLOWING APPLY
1. TIE ADVERTISING IS AUTHORIZED BY A MARIJUANA ESTABLISHMENT OR NONPROFIT MEDICAL
MARIJUANA DISPENSARY.
2. THE ADVERTISING ACCURATELY AND LEGIBLY IDENTITIES THE MARIJUANA ESTABLISHMENT
OR NONPROFIT MEDICAL MARIJUANA DISPENSARY RESPONSIBLE FOR THE CONTENT OF THE ADVERTISING BY
NAME AND LICENSE NUMBER OR REGISTRATION NUMBER.
C. ANY ADVERTISING UNDER THIS CHAPTER INVOLVING DIRECT,INDIVIDUALIZED
COMMUNICATION OR DIALOGUE SHALL USE A METHOD OF AGE AFFIRMATION TO VERIFY THAT THE RECIPIENT
IS TWENTY-ONE YEARS OF AGE OR OLDER BEFORE ENGAGING IN THAT COMMUNICATION OR DIALOGUE. FOR
THE PURPOSES OF THIS SUBSECTION,THAT METHOD OF AGE AFFIRMATION MAY INCLUDE USER
CONFIRMATION,BIRTH DATE DISCLOSURE OR OTHER SIMILAR REGISTRATION METHODS.
D. IT IS UNLAWFUL FOR AN INDIVIDUAL OR ENTITY OTHER THAN A MARIJUANA ESTABLISHMENT
OR DUAL LICENSEE TO DO ANY OF THE FOLLOWING IN A MANNER THAT IS NOT AUTHORIZED BY THIS CHAPTER
OR RULES ADOPTED BY THE DLPARTNiENT PURSUANT TO THIS CHAPTER
I. FACILITATE THE DELIVERY OF MARIJUANA OR MARIJUANA PRODUCTS.
2. SOLICIT OR ACCEPT ORDERS FOR MARIJUANA OR MARIJUANA PRODUCTS OR OPERATE A
PLATFORM THAT SOLICITS OR ACCEPTS ORDERS FOR MARIJUANA OR MARIJUANA PRODUCTS.
3. OPERATE A LISTING SERVICE RELATED TO THE SALE OR DELIVERY OF MARIJUANA OR
MARIJUANA PRODUCTS.
E. A MARIJUANA ESTABLISHMENT THAT VIOLATES THIS SECTION IS SUBJECT TO DISCIPLINARY
ACTION BY THE DEPARTMENT PURSUANT TO SECTION 36-2854,SUBSECTION B. A NONPROFIT MEDICAL
MARIJUANA DISPENSARY THAT VIOLATES THIS SECTION IS SUBJECT'TO DISCIPLINARY ACTION BY THE
DEPARTMENT PURSUANT TO SECTION 36-2816.
F. IN ADDITION TO ANY OTHER PENALTY IMPOSED BY LAW,AN INDIVIDUAL OR ENTITY OTHER
THAN A MARIJUANA ESTABLISHMENT OR NONPROFIT MEDICAL MARIJUANA DISPENSARY THAT ADVERTISES
MARIJUANA OR MARIJUANA PRODUCTS IN VIOLATION OF THIS SECTION OR OTHERWISE VIOLATES THIS
SECTION SHALL PAY A CIVIL PENALTY OF 520,000 PER VIOLATION TO THE SMART AND SAFE ARIZONA FUND
ESTABLISHED BY SECTION 36-2856. TIES SUBSECTION MAY BE ENFORCED BY THE ATTORNEY GENERAL.
36-2860.Packaging;restrictions on particular marijuana Products
A. A MARIJUANA ESTABLISHMENT MAY NOT:
1. PACKAGE OR LABEL MARIJUANA OR MARIJUANA PRODUCTS IN A FALSE OR MISLEADING
MANNER.
2. MANUFACTURE OR SELL MARIJUANA PRODUCTS THAT RESEMBLE THE FORM OF A HUMAN,
ANIMAL,INSECT,FRUIT,TOY OR CARTOON.
3. SELL OR ADVERTISE MARIJUANA OR MARIJUANA PRODUCTS WITH NAMES THAT RESEMBLE OR
IMITATE FOOD OR DRINK BRANDS MARKETED TO CHILDREN,OR OTHERWISE ADVERTISE MARIJUANA OR
MARIJUANA PRODUCTS TO CHILDREN,
B. A MARIJUANA ESTABLISHMENT THAT VIOLATES'PHIS SECTION 1S SUBJECT TO DISCIPLINARY
ACTION BY THE DEPARTMENT PURSUANT TO SECTION 36-2854,SUBSECTION B.
36.2861.Contracts iQnal scrviccs
A. IT IS TIM PUBLIC POLICY OF THIS STATE THAT CONTRACTS RELATED TO MARIJUANA
ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES ARE ENFORCEABLE.
B. A PERSON THAT IS LICENSED,CERTIFIED OR REGISTERED BY ANY DEPARTMENT,AGENCY OR
REGULATORY BOARD OF THIS STATE IS NOT SUBJECT TO DISCIPLINARY ACTION BY THAT ENTITY FOR
PROVIDING PROFESSIONAL ASSISTANCE TO A PROSPECTIVE OR REGISTERED MARIJUANA ESTABLISHMENT,
MARIJUANA TESTING FACILITY OR OTHER PERSON FOR ANY LAWFUL ACTIVITY UNDER THIS CHAPTER.
36-2862.Exxj2vngc cat:petition:appeal; dismissal of complaints:rules
A. BEGINNING JULY 12,2021,AN INDIVIDUAL WHO WAS ARRESTED FOR,CHARGED WITH,
ADJUDICATED OR CONVICTED BY TRIAL OR PLEA OF,OR SENTENCED I.OR,ANY OF THE FOLLOWING O1TENSES
BASED ON OR ARISING OUT OF CONDUCT OCCURRING BEFORE THE EFFECTIVE DATE OF THIS SECTION MAY
PETITION THE COURT TO HAVE THE RECORD OF THAT ARREST,CHARGE,ADJUDICATION,CONVICTION OR
SENTENCE EXPUNGED:
019
Page 12 of 17 LA
2 6 2
RETARY OF STATE
h SEP 2 6 2019
ARIZONA SECRETARY OF STATE
1. POSSESSING,CONSUMING OR TRANSPORTING TWO AND ONE-HALF OUNCES OR LESS OF
MARIJUANA,OF WHICH NOT MORE THAN TWELVE AND ONE-HALF GRAMS WAS 1N THE FORM OF MARIJUANA
N CONCENTRATE,
is 2. POSSESSING,TRANSPORTING,CULTIVATING OR PROCESSING NOT MORE THAN SIX MARIJUANA
PLANT'S AT THE INDIVIDUAL'S PRI,NIARY RESIDENCE FOR PERSONAL USE.
y 3. POSSESSING, USING OR TRANSPORTING PARAPHERNALIA RELATING TO THE CULTIVATION,
a MANUFACTURE,PROCESSING OR CONSUMPTION OF MARIJUANA,
B. IF THE COURT RECEIVES A PETITION FOR EXPUNGEMENT PURSUANT TO THIS SECTION:
f 1. THE COURT SHALL NOTIFY THE PROSECUTING AGENCY OF THE FILING OF THE PETN ION,AND
ALLOW THE PROSECUTING AGENCY TO RESPOND TO THE PETITION WITHIN THIRTY DAYS.
2, THE COURT MAY HOLD A HEARING;
� (a) ON THE REQUEST OF EITHER THE PETITIONER OR THE PROSECUTING AGENCY,
(b) IF THE COURT CONCLUDES THERE ARE GENUINE DISPUTES OF FACT REGARDING WHETHER THE
PETITION SHOULD BE GRANTED.
' 3. THE COURT SHALL GRANT THE PETITION UNLESS THE PROSECUTING AGENCY ESTABLISHES BY
CLEAR AND CONVINCING EVIDENCE THAT THE PETITIONER IS NOT ELIGIBLE FOR EXPUNGEMENT,
4. THE COURT SHALL ISSUE A SIGNED ORDER OR MINUTE ENTRY GRANTING OR DENYING THE
PETITION IN WHICH IT MAKES FINDINGS OF FACT AND CONCLUSIONS OF LAW.
Fi C. IF THE COURT GRANTS A PETITION FOR EXPUNGEMENT;
I 1. THE SIGNED ORDER OR MINUTE ENTRY REQUIRED PURSUANT TO SUBSECTION B,PARAGRAPH 4
i OF THIS SECTION SHALL DO ALL OF THE FOLLOWING:
( (a) IF THE PETITIONER WAS ADJUDICATED OR CONVICTED OF AN OFFENSE SET FORTH IN
SUBSECTION A OF THIS SECTION,VACATE THE JUDGMENT OF ADJUDICATION OR CONVICTION.
(b) STATE THAT IT EXPUNGES ANY RECORD OF THE PETITIONER'S ARREST,CHARGE,CONVICTION,
ADJUDICATION AND SENTENCE.
(c) IF THE PETITIONER WAS CONVICTED OR ADJUDICATED OF AN OFFENSE SET FORTH IN
SUBSECTION A OF THIS SECTION,STATE THAT THE PETITIONER'S CIVIL RIGHTS,INCLUDING THE RIGHT TO
POSSESS FIREARMS,ARE RESTORED,UNLESS THE PETITIONER IS OTHERWISE NOT ELIGIBLE FOR THE
RESTORATION OF CIVIL RIGHTS ON GROUNDS OTHER THAN A CONVICTION FOR AN OFFENSE SET FORTH IN
SUBSECTION A OF THIS SECTION.
(d) REQUIRE THE CLERK OF THE COURT TO NOTIFY THE DEPARTMENT OF PUBLIC SAFETY,THE
PROSECUTING AGENCY AND THE ARRESTING LAW ENFORCEMENT AGENCY,IF APPLICABLE,OF THE
EXPUNGEMENT ORDER.
I (e) REQUIRE THE CLERK OF THE COURT TO SEAL ALL RECORDS RELATING TO THE EXPUNGED
ARREST,CHARGE,ADJUDICATION,CONVICTION OR SENTENCE AND ALLOW THE RECORDS TO BE ACCESSED
ONLY BY THE INDIVIDUAL WHOSE RECORD WAS EXPUNGED OR THE INDIVIDUAL'S ATTORNEY.
2, THE DEPARTMENT OF PUBLIC SAFETY SHALL SEAL AND SEPARATE THE EXPUNGED RECORD
FROM ITS RECORDS AND INFORM ALL APPROPRIATE STATE AND FEDERAL LAW ENFORCEMENT AGENCIES OF
THE EXPUNGEh1ENT.UNLESS THE PETITIONER IS INDIGENT,THE DEPARTMENT OF PUBLIC SAFE-IY MAY
CHARGE THE SUCCESSFUL PETITIONER A REASONABLE FEE DETERMINED BY THE DIRECTOR OF THE
DEPARTMENT OF PUBLIC SAFETY TO RESEARCH AND CORRECT THE PETITIONER'S CRIMINAL HISTORY RECORD.
3, 3. THE ARRESTING AND PROSECUTING AGENCIES SHALL CLEARLY IDENTIFY IN EACH AGENCY'S
6 FILES AND ELECTRONIC RECORDS THAT THE PETITIONER'S ARREST,CHARGE,CONVICTION,ADJUDICATION
AND SENTENCE ARE EXPUNGED AND SHALL NOT MAKE ANY RECORDS OF THE EXPUNGED ARREST,CHARGE,
CONVICTION,ADJUDICATION OR SENTENCE AVAILABLE AS A PUBLIC RECORD TO ANY PERSON EXCEPT TO THE
INDIVIDUAL WHOSE RECORD WAS EXPUNGED OR THAT INDIVIDUAL'S ATTORNEY,
D. AN ARREST,CHARGE,ADJUDICATION,CONVICTION OR SENTENCE THAT IS EXPUNGED
PURSUANT TO THIS SECTION MAY NOT BE USED IN A SUBSEQUENT PROSECUTION BY A PROSECUTING AGENCY
OR COURT FOR ANY PURPOSE.
E. AN INDIVIDUAL WHOSE RECORD OF ARREST,CHARGE,ADJUDICATION,CONVICTION OR
SENTENCE IS EXPUNGED PURSUANT TO THIS SECTION MAY STATE THAT T711E INDIVIDUAL HAS NEVER BEEN
ARRESTED FOR,CHARGED WITH,ADJUDICATED OR CONVICTED OF,OR SENTENCED FOR THE CRIME THAT IS
THE SUBJECT OF THE EXPUNGEI>IENT.
F. IF THE COURT DENIES A PETITION FOR EXPUNGEMENT,THE PETITIONER MAY FILE A DIRECT
APPEAL PURSUANT TO SECTION 13-4033,SUBSECTION A,PARAGRAPH 3.
G. ON MOTION,THE COURT SHALL DISMISS WITH PREJUDICE ANY PENDING COMPLAINT,
INFORMATION OR INDICTMENT BASED ON ANY OFFENSE SET FORTH IN SUBSECTION A OF THIS SECTION,TO
' INCLUDE CHARGES OR ALLEGATIONS BASED ON OR ARISING OUT OF CONDUCT OCCURRING BEFORE THE
EFFECTIVE DATE OF THIS CHAPTER. THE INDIVIDUAL CHARGED MAY THEREAFTER PETITION THE COURT TO
t Page 13 of 17
SEP 2 6 2019
ARIZONA SECRETARY OF STATE
EXPUNGE RECORDS OF THE ARREST AND CHARGE OR ALLEGATION AS PROVIDED IN THIS SECTION. A MOTION
BROUGHT PURSUANT TO THIS SUBSECTION MAY BE FILED WITH THE COURT BEFORE JULY 12,2021.
H. THE SUPREME COURT MAY ADOPT RULES NECESSARY TO IMPLEIhiENT THIS SECTION,AND MAY
ALSO SPONSOR PUBLIC SERVICE ANNOUNCEMENTS OR OTHER NOTIFICATIONS INTENDED TO PROVIDE NOTICE
TO INDIVIDUALS WHO MAY BE ELIGIBLE TO FILE PETITIONS FOR EXPUNGEMENT PURSUANT TO THIS SECTION.
1. A PROSECUTING AGENCY MAY FILE A PETITION FOR EXPUNGEMENT PURSUANT TO THIS
SECTION ON BEHALF OF ANY INDIVIDUAL WHO WAS PROSECUTED BY THAT PROSECUTING AGENCY,AND THE
ATTORNEY GENERAL MAY FILE A PETITION FOR EXPUNGEMENT PURSUANT TO THIS SECTION ON BEHALF OF
ANY INDIVIDUAI-.
36-2863.Justice reinvestment fund;exemption;distnbulion:dcfinition
A. T14F JUSTICE REINVESTMENT FUND IS ESTABLISHED CONSISTING OF ALL MONIES DEPOSITED
PURSUANT TO SECTION 36-2856 AND INTEREST EARNED ON THOSE MONIES. MONIES IN THE FUND ARE
CONTINUOUSLY APPROPRIATED. MONIES IN THE FUND AND ITS ACCOUNTS MAY NOT BE TRANSFERRED TO
ANY OTHER FUND EXCEPT AS PROVIDED IN THIS SECTION,DO NOT REVERT TO THE STATE GENERAL FUND,AND
ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO THE LAPSING OF APPROPRIATIONS.THE
STATE TREASURER SHALL ADMINISTER THE FUND.
B. ALL MONIES IN THE JUSTICE REINVESTMENT FUND MUST FIRST BE SPENT,AND THE STATE
TREASURER SHALL TRANSFER MONIES FROM THE FUND,TO PAY.
1. TIE REASONABLE COSTS INCURRED BY THE STATE TREASURER TO ADMINISTER THE FUND
2. THE REASONABLE ADMINISTRATIVE COSTS INCURRED BY THE DEPARTMENT TO CARRY OUT ITS
DUTIES PURSUANT TO THIS SECTION.
C. ON OR BEFORE JUNE 30 AND DECEMBER 31 OF EACH YEAR,THE STATE TREASURER SIIALL
TRANSFER ALL MONIES IN THE JUSTICE REINVESTMENT FUND IN EXCESS OF THE AMOUNTS PAID PURSUANT TO
SUBSECTION B OF THIS SECTION AS FOLLOWS-
1. THIRTY-FIVE PERCENT TO COUNTY PUBLIC IMALTH DEPARTMENTS,IN PROPORTION TO THE
POPULATION OF EACH COUNTY ACCORDING TO THE MOST RECENT UNITED STATES DECENNIAL CENSUS,FOR
THE PURPOSE OF PROVIDING JUSTICE REINVESTMENT PROGRAMS OR DISTRIBUTING GRANTS TO QUALIFIED
NONPROFIT ORGANIZATIONS TO PROVIDE JUSTICE REINVESTMENT PROGRAMS IN THAT COUNTY.
2. THIRTY-FIVE PERCENT TO THE DEPARTMENT FOR THE PURPOSE OF DISTRIBUTING GRANTS TO
QUALIFIED NONPROFIT ORGANIZATIONS THAT PROVIDE JUSTICE REINVESTMENT PROGRAMS IN THIS STATE.
3. THIRTY PERCENT TO THE DEPARTMENT FOR THE PURPOSE OF ADDRESSING IMPORTANT PUBLIC
HEALTH ISSUES THAT AFFECT THIS STATE.
D. GRANTS MADE PURSUANT TO THIS SECTION ARE EXEMPT FROM TITLE 41,CHAPTER 23,AND
EACH GRANTEE SHALL PROVIDE THE GRANTING AGENCY WITH AN ANNUAL REPORT DETAILING THE USE OF
GRANTED MONIES.
E. MONIES TRANSFERRED AND RECEIVED PURSUANT TO SUBSECTION C OF THIS SECTION ARE NOT
CONSIDERED LOCAL REVENUES FOR THE PURPOSES OF ARTICLE IX,SECTION 20,CONSTITUTION OF ARIZONA.
F. THE STATE TREASURER MAY PRESCRIBE FORMS NECESSARY TO MAKE TRANSFERS PURSUANT
TO SUBSECTION B OF THIS SECTION.
G. FOR THE PURPOSES OF THIS SECTION,"JUSTICE REINVESTMENT PROGRAMS"MEANS INITIATIVES
OR PROGRAMS THAT FOCUS ON ANY OF THE FOLLOWING:
I. PUBLIC AND BEHAVIORAL HEALTH,INCLUDING EVIDENCE-BASED AND EVIDENCE-rNTORMED
SUBSTANCE USE PREVENTION AND'I'REATN=AND SUBSTANCE USE EARLY INTERVENTION SERVICES.
2. RESTORATIVE JUSTICE,JAIL DIVERSION,WORKFORCE DEVELOPMENT,INDUSTRY-SPECIFIC
TECHNICAL ASSISTANCE OR MENTORQNG SERVICES FOR ECONONUCALLY DISADVANTAGED PERSONS IN
COMMUNITIES DISPROPORTIONATELY IMPACTED BY HIGH RATES OF ARREST AND INCARCERATION.
3. ADDRESSING THE UNDERLYING CAUSES OF CRIh4E,REDUCING DRUG-RELATED ARRESTS AND
REDUCING THE PRISON POPULATION IN THIS STATE.
4. CREATING OR DEVELOPING TECHNOLOGY AND PROGRAMS TO ASSIST WMJ THE RESTORATION
OF CIVIL RIGHTS AND THE EXPUNGEMENT OF CRIMINAL RECORDS.
36-2864.Transaction privilcgc tax;use tax;addition al taxes prohibitcd:exception
A. FOR PURPOSES OF THE TRANSACTJON PRIVILEGE TAX AND USE TAX LEVIED AND COLLECTED
PURSUANT TO TITLE 42,CHAPTERS 5 AND 6,MARIJUANA AND MARIJUANA PRODUCTS ARE TANGIBLE
PERSONAL PROPERTY DEFINED IN SECTION 42-5001 AND ARE SUBJECT TO THE TRANSACTION PRIVILEGE TAX IN
THE RETAIL CLASSIFICATION AND USE TAX.
B. EXCEPT AS PROVIDED IN SUBSECTION A OF THIS SECTION AND SECTION 42-5452,THIS STATE AND
LOCALITIES MAY NOT LEVY OR COLLECT ADDITIONAL TAXES OF ANY KIND ON THE SALE OF MARIJUANA OR
MARIJUANA PRODUCTS AND MAY NOT LEVY OR COLLECT ANY FEES OR ASSESSMENTS OF ANY KIND ON THE
Page 14 of 17
SALE OF MARIJUANA OR MARIJUANA PRODUCTS OR ON THE LICENSING,OPERATIONS OR ACTIVITIES OF
MARIJUANA ESTABLISHMENTS OR MARIJUANA TESTING FACILITIES,UNLESS THE FEE OR ASSESSMENT IS OF
GENERAL APPLICABILITY TO INDIVIDUALS OR BUSINESSES THAT ARE NOT ENGAGED IN TI SAL E OF
MARIJUANA OR MARIJUANA PRODUCTS.
C. THE PROHIBITION IMPOSED BY SUBSECTION B OF THIS SECTION DOES NOT APPLY TO UNIFORM
INCREASES TO THE TRANSACTION PRIVILEGE TAX RATE FOR THE RETAIL CLASSIFICATION OR USE TAX RATE
BY TOS STATE OR A LOCALITY OR TO UNIFORM INCREASES TO FEES OR ASSESSMENTS
SUBSECTION B OF THIS SECTION, ALLOWED BY
36-2865.Enf2rcernent of this cha t r•cnccial action
A. IF THE DEPARTMENT FAILS TO ADOPT RULES NECESSARY TO IMPLEMENT THIS CHAPTER ON OR
BEFORE JUNE 1,2021,OR FAILS TO BEGIN ACCEPTING APPLICATIONS AS PROVIDED IN SECTION 36-2854,
SUBSECTION A,PARAGRAPH 1,SUBDIVISION(d),ANY CITIZEN MAY COMMENCE A SPECIAL ACTION IN SUPERIOR
COURT TO COMPEL THE DEPARTMENT TO PERFORM THE.ACTIONS MANDATED UNDER 71US CHAPTER.
B IF THE DEPARTMENT'FAILS TO ISSUE A LICENSE OR SEND A NOTICE OF DENIAL WITHIN SIXTY
DAYS AFTER RECEIVING A COMPLETE MARIJUANA ESTABLISI-IMENT APPLICATION PURSUANT TO SECTION 36-
2854,SUBSECTION A,PARAGRAPH 1,SUBDIVISION(d),THE APPLICANT MAY COMMENCE A SPECIAL ACTION IN
SUPERIOR COURT TO COMPEL THE DEPARTMENT TO PERFORM THE ACTIONS MANDATED UNDER THIS
CHAPTER,
C. NOTWITHSTANDING CHAPTER 28,I OF THIS TITLE, IF THE DEPARTMENT FAILS TO ISSUE ANY
MARIJUANA ESTABLISHMENT LICENSES PURSUANT TO SECTION 36-2854, SUBSECTION A, PARAGRAPH 1,
SUBDIVISION D ON OR BEFORE APRIL 5, 2021, EACH NONPROFIT MEDICAL h1AR17UANA DISPENSARY IN GOOD
STANDING MAY BEGIN TO CULTIVATE,PRODUCE,PROCESS,MANUFAC111RE,TRANSPORT AND TEST MAItI1UANA
AND MARIJUANA PRODUCTS AND MAY SELL MARIJUANA AND MARIJUANA PRODUCTS TO CONSUMERS UNTIL
THE DEPARTMENT ISSUES LICENSES TO OPERATE MARIJUANA ESTABLISHMENTS
MEDICAL MARIJUANA DISPENSARIES IN GOOD STANDING SHALL: . IF THIS OCCURS,NONPROFIT
1. BE TREATED AS MARIJUANA ESTABLISHMENTS FOR ALL PURPOSES UNDER THIS CHAPTER, AND
THEM NONPROFIT MEDICAL MARIJUANA ESTABLISHMENT AGENTS SHALL BE TREATED AS MARIJUANA
FACILITY AGENTS FOR ALL PURPOSES UNDER TIJIS CHAPTER.
2. COMPLY WITH THE RULES ADOPTED BY THE DEPARTMENT TO IMPLEMENT CHAPTER 28,1 OF THIS
TITLE,EXCEPT THOSE THAT ARE INCONSISTENT WITH THIS CHAPTER ecti 5.Title 42,Chapter 5,Arizona Revised Statutes,is amended by adding article 10 to read: to
ARTICLE 10.
MARIJUANA AND MARIJUANA PRODUCT'S
42-5451. I inns IN THIS ARTICLE,UNLESS THE CONTEXT OTHERWISE REQUIRES:
I. "CONSUMER,""DUAL LICENSEE,""MARIJUANA,""NiARIJUANA ESTABLISIIh4ENI—AND
"MARIJUANA PRODUCTS"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36-2850.
2. "DESIGNATED CAREGIVER,""NONPROFIT MEDICAL MARIJUANA DISPENSARY"AND
"QUALIFYING PATIENT"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36-2801.
42-5452.LSyy end_rnte of tax:effect of federal mi5e tax
A. THERE IS LEVIED AND THE DEPARTMENT SHALL COLLECT AN EXCISE TAX ON ALL MARIJUANA
AND MARIJUANA PRODUCTS SOLD TO A CONSUMER BY A MARIJUANA ESTABLISHMENT AT A RATE OF SIXTEEN
PERCENT OF THE PRICE OF THE MARIJUANA OR MARIJUANA PRODUCT SOLD. THIS SUBSECTION DOES NOT
APPLY TO MARIJUANA DISPENSED TO A REGISTERED QUALIFYING PATIENT OR REGISTERED DESIGNATED
CAREGIVER PURSUANT TO TITLE 36,CHAPTER 28.1 BY A DUAL LICENSEE OR NONPROFIT MEDICAL MARIJUANA
DISPENSARY.
B. IF THE UNITED STATES LEVIES AND COLLECTS AN EXCISE TAX ON MARIJUANA AND MARIJUANA
PRODUCTS,THE-AGGREGATE OF FEDERAL AND STATE EXCISE TAXES MAY NOT EXCEED A RATE OF THIRTY
PERCENT OF THE PRICE OF THE MARIJUANA OR MARIJUANA PRODUCT SOLD,AND THE TAX LEVIED PURSUANT
TO SUBSECTION A OF THIS SECTION SHALL BE LOWERED ACCORDINGLY AND AUTOMATICALLY ON"f
EFFECTIVE DATE OF THE FEDERAL EXCISE TAX. HE
C. A PRODUCT SUBJECT TO THE TAX IMPOSED BY THIS SECTION MAY NOT BE BUNDLED WITH A
PRODUCT OR SERVICE THAT IS NOT SUBJECT TO THE TAX IMPOSED BY THIS SECI'ION,
D. THE TAX LEVIED AND COLLECTED PURSUANT TO THIS SECTION SHALL NOT BE INCLUDED IN
COMPUTING THE TAX BASE,GROSS PROCEEDS OF SALES OR GROSS INCOME OF A MARIJUANA ESTABLISHMENT
Pogo 15 of 17
FOR PURPOSES OF TITLE 42,CHAPTERS 5 AND 6,AND IS NOT SUBJECT TO ANY TRANSACTION PRIVILEGE,SALES,
USE OR OTHER SIMILAR TAX LEVIED BY A COUNTY,CITY,TOWN OR SPECIAL TAXING DISTRICT.
E. NOTWITHSTANDING SECTION 42-3102,THE DEPARTMENT SHALL DEPOSIT ALL MONIES LEVIED
AND COLLECTED PURSUANT TO THIS SECTION IN THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY
SECTION 36-2856.
42-5453.Return statemcilt and ppyment by ma •'uana csjablishjnent cnnit inl ICEc nfid ntial 'n aCon
A. THE TAX IMPOSED BY TIES IES ARTICLE IS DUE AND PAYABLE,TOGETHER WITH A RETURN
STATEMENT PRESCRIBED BY THE DEPARTMENT,FOR EACH MONTH ON OR BEFORE THE TWENT•TI_TII DAY OF
THE SUCCEEDING MONTH.
B. A MARIJUANA ESTABLISHMENT THAT FAILS TO PAY THE TAX IMPOSED BY THIS ARTICLE- WIIIIIN
TEN DAYS AFTER THE DATE THE PAYMENT IS DUE IS SUBJECT TO AND SHALL PAY A PENALTY DETERMINED
UNDER SECTION 42-1125,PLUS INTEREST AT THE RATE DETERMINED PURSUANT TO SECTION 42-1123,FROM THE
TIME THE TAX WAS DUE AND PAYABLE UNTIL PAID.THE DEPARTMENT MAY WAIVE ANY PENALTY OR
INTEREST ff IT DETERMINES THAT THE MARIJUANA ESTABLISHMENT HAS MADE A GOOD FAITH ATTEMPT TO
COMPLY WITH THE REQUIREMENTS OF TIES ARTICLE
C. THE MONTHLY RETURN STATEMENT PRESCRIBED BY THE DEPARTMENT SHALL INCLUDE AN
ACCOUNTING OF THE QUANTITY OF MARIJUANA THAT IS SOLD BY A MARIJUANA ESTABLISHMENT THAT IS
SUBJECT TO THE TAX IMPOSED BY THIS ARTICLE DURING THE TAX MONTH.
D. ALL PENALTIES AND INTEREST COLLECTED PURSUANT TO THIS SECTION SHALL BE DEPOSITED
IN THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856.
E. THE DEPARTMENT MAY ADOPT RULES THAT ARE NECESSARY OR CONVENIENT TO ENFORCE
THIS ARTICLE,EXCEPT THAT THOSE RULES MAY NOT CONFLICT WITH TITLE 36,CHAPTER 28.2.
F. THE DEPARTMENT MAY SHARE CONFIDENTIAL INFORMATION AS DEFINED IN SECTION 42-2001
WITH THE DEPARTMENT OF HEALTH SERVICES FOR ITS USE IN DETERMINING WHETHER A MARIJUANA
ESTABLISHMENT,MARIJUANA TESTING FACILITY OR DUAL LICENSEE IS IN COMPLIANCE WITH TAX
OBLIGATIONS UNDER THIS TITLE OR TITLE 43.
section 6. Title 43,Chapter I,article 1,Arizona Revised Statutes,is amended by adding Section 43-108 to read:
t tin
43-168.5 raction from eras m incoe,4rdinary and necessary expenses:tr�j�tna cstablishmcnts and mariluann�g
facilities•definitions
A. NOTWITHSTANDING ANY OTHER LAW, IN COMPUTING ARIZONA ADJUSTED GROSS INCOME OR
ARIZONA TAXABLE INCOME FOR A TAXPAYER,ALL ORDINARY AND NECESSARY EXPENSES PAID OR INCURRED
DURING THE TAXABLE YEAR IN CARRYING ON A TRADE OR BUSINESS AS A MARIJUANA ESTABLISHMENT,
MARIJUANA TESTING FACILITY, OR DUAL LICENSEE THAT ELECTS TO OPERATE ON A FOR-PROFIT 13ASIS
PURSUANT TO TITLE 36,CHAPTER 28.2 SHALL BE SUBTRAC"fLD FROM ARIZONA GROSS INCOb1E TO THE EXTENT
NOT ALREADY EXCLUDED FROM ARIZONA GROSS INCOME,
B. FOR THE PURPOSES OF TIIIS SECTION, "DUAL LICENSEE." "MARIJUANA ESTABLISHMENT," AND
"MARIJUANA TESTING FACILITY"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36-2850.
Section 7. Voter Protection Act
For the purposes of the Voter Protection Act,Ariz.Const.art.IV,pt. 1,§ 1(6)(C),the People of llte State of Arizona declare
that the following acts of the Legislature would flrrther the purpose of this act:
I. Enacting a per sc law for the presumption of marijuana impairment based on the concentration of delta-9
tetrahydrocannabinol in a person's body when scientific research on the subject is conclusive and the National Highway Traffic Safety
Administration recommends the adoption of such a law.
2. Reducing or eliminating any offense,offense level or penalty provided for in this act.
3. Increasing the amount of marijuana thnt a person may lawfully possess.
4. Amending the provisions of this act to align more closely with federal laws and regulations if marijuana is legalized
er decriminalized by the federal government,but only if and to the extent that such federal laws and regulations are not more
restrictive than the provisions of this act.
5. Amending the provisions of this act to align more closely with federal laws and regulations govcmiug the
possession,processing,cultivation,transport,or transfer of industrial hemp,but only if and to the extent that such federal laws and
regulations are not more restrictive than the provisions of this act.
6. Increasing the number of marijuana establishment licenses by up to 10 percent in furtherance of the social equity
ownership program established by this act.
7. Facilitating the expungement and sealing of records of arrests,charges,convictions,adjudications and sentences that
were predicated on conduct made lawful by this act,including by automatic means,and otherwise preventing or mitigating prejudice
to individuals whose arrests,charges,convictions,adjudications or sentences arc expunged. FE 0 !
Page 16 of 17
SEP 2 6 2019
ARIZONA SECRETARY OF STATE
i
Amending the definition of"smoking"in this act to conform with the Smoke-Free Arizona Act if that act is
amended to include the use of an electronic smoking device that creates an aerosol or vapor.
ScctIon 8. Exemption from rulcmaking
f" For the purposes of this act,and for sixty months aRer the effective date of this act,the department of revenue and the
department of health services are exempt from(a)any executive order or other directive purporting to limit or restrict their ability to
adopt new rules,and(b)the rulemaking requirements of tide 41,chaptc�5 6 and 6.1,Arizona Revised Statutes,except that e c
department shall provide the public with a reasonable opportunity to comment on proposed rules and shall publish otherwise exempted a h
rules.
i� Sectl01,9. Severability
If any provision of this act or its application to any person or circumstance is declared invalid by a court of competent
jurisdiction,such invalidity does not affect other provisions or applications of this act that can be given effect without the invalid
provision or application. The invalidated provision or provisions shall be deemed reformed to the extent necessary to conform to
1 applicable law and to give the maximum effect to the intent of this act and,to the fullest extent( including each portion of any section of this act containing any invalidated provision that is not pt el bilnvalidpons shall the consthrued is so as
jto give effect to the intent thereof.
!t
i
MMg
Y OF STATE
Page 17 of 17
CITY OF APACHE JUNCTION MEDICAL MARIJUANA REGULATIONS
AMENDED ON 3-7-17 (ORDINANCE NO. 1444)
1-6-12 MEDICAL MARIJUANA
A. Permit Required. A CUP shall be required for the establishment of nonprofit medical
marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities. The
requirements of this section, for the establishment of a nonprofit medical marijuana use,
may also be accomplished through a planned development ("PD") rezoning process or PD
major amendment process.
B. Number of Facilities Allowed in City.The total number of nonprofit medical marijuana
dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute
for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36,
Chapter 28.1 Arizona Medical Mariivana Act, for definitions and statutes pertaining to
medical marijuana.)
C. Allowed Zoning Districts.
1) Location of nonprofit medical marijuana dispensaries shall be allowed in the city's B-1, B-
2, B-4 and B-S zoning districts.
2) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana
infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be
limited to the city's B-5 zoning district.
3)An existing medical marijuana facility that has received a conditional use permit approval
from the city prior to the effective date of this ordinance, shall be allowed to continue
operating at the approved location, regardless of any newly defined spacing requirements;
and as long as said operation remains in strict accordance with the conditions of approval of
said facility, or as may otherwise be approved by a CUP amendment or renewal.
D. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities
shall be located in an enclosed locked facility, such as a permanent secure building and not
in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation
facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants
from outside the building.
E. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or
Infusion facilities shall include all the information required on the CUP application form and
the following supplemental information:
1. Signature and consent on the application form by the property owner of record that
he or she is aware the property will be used for medical marijuana dispensing,
cultivating or infusion.
2. A copy of the preliminary approval from the State Department of Health Services
("DNS"), such as a registration certificate, for the nonprofit medical marijuana
dispensary, nonprofit medical marijuana dispensary off-site cultivation facility or
stand-alone nonprofit medical marijuana infusion facility, and a written assurance
that all nonprofit medical marijuana dispensary agents associated with the approved
facility shall register with the Apache Junction Police Department upon final
approval to operate from DHS, as well as a copy of said final approval document.
3. Application and all applicable fees paid as required by Apache Junction City Code
Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended.
4. A detailed site plan and floor plan for the facility prepared in accordance with
Section 1-16-9, and narrative explaining the operation of the facility and hours of
operation.
F. Conditions of Approval. The conditions of approval which may be considered by the
planning and zoning commission in evaluating these requests include the following:
1. Required Spacing Requirements:
a. A minimum of 1,320 feet between another dispensary, cultivation facility or
infusion facility, as measured from nearest building wall to nearest building
wall.
b. A minimum of 750 feet between a dispensary, cultivation facility or infusion
facility and any public or private education institution, library, public park,
commercial-zoned day care facility, free-standing church, or drug and/or alcohol
rehabilitation center, as measured from nearest building wall of the business to
the nearest building wall of the protected use.
2. Operating Requirements:
a. Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b. Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities
shall not be allowed.
c. A medical marijuana facility shall submit a security plan containing the following
information:
i) Proof that any cultivation and storage of medical marijuana will take
place in an "enclosed, locked facility" equipped with locks or other
security devices that permit access only by persons authorized to enter
pursuant to state and local law.
ii) A floor plan that details the security measures required by state law,
including an on-site alarm system, video surveillance devices and a single
secure entrance.
iii) Additional protections, if any, against medical marijuana diversion and
theft.
iv) Provide and update as needed a current list of all persons who are
authorized to access the dispensary, off-site cultivation site or infusion
facility.
d. On-site consumption of medical marijuana at a dispensary, cultivation facility or
infusion facility shall not be allowed.
e. Dispensaries selling marijuana related products such as pipes, water pipes,
rolling paper, screens, vaporizers, mills, concealing devices, etc., shall be
restricted to selling only to patients displaying the required Arizona Department
of Health Services medical marijuana card and to be used only in conjunction
with a physician's certification or recommendation. Cookbooks and educational
materials are excepted from this provision.
f. The size of facility in terms of square footage, building height or other factors
shall be consistent with the character of existing or planned surrounding
development.
g. Signage that will be visible from the exterior of the facility may be approved by
the city if all sign code regulations have been met. The use of the marijuana leaf
symbol shall not be allowed on any exterior Signage.
3. Other Conditions.The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a. Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b. The commission shall reserve the right to revoke a CUP for noncompliance with
any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or community.
c. Hours of operation will be addressed through the CUP process.
4. Patient Home Cultivation. In the event that a qualifying patient residing in the city
lives 25 miles or farther from a dispensary, said individual or his or her designated
caregiver may cultivate no more than 12 marijuana plants at the place of primary
residence (including a manufactured home or a recreational vehicle) of the
qualifying patient, with owner's permission, without need to apply for a CUP.
However, said individual or his or her designated caregiver shall apply the same
types of precautions as above for security, use, documentation and must advise the
chief of police of his or her intent to cultivate marijuana at home. At such time as a
dispensary is located within 25 miles from the qualifying patient's home, all
cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
5. Caregiver Home Cultivation. In the event that a designated caregiver whose
residence is in the city limits is cultivating marijuana for the qualifying patient or
patients in his or her care, and whose qualifying patient or patients in his or her care
live 25 miles or farther from a dispensary, said designated caregiver may cultivate no
more than 12 marijuana plants per patient at the place of primary residency of the
designated caregiver (including a manufactured home or a recreational vehicle),
with homeowner's permission, without need to apply for a CUP. However, said
designated caregiver shall apply the same types of precautions as above for security,
use, documentation and must advise the chief of police of his or her intent to
cultivate marijuana at home for the benefit of his or her qualifying patient or
patients. At such time as a dispensary is located within 25 miles from the designated
caregiver's home, all cultivation of marijuana plants in the home must cease or shall
be considered a zoning violation, among other possible local, state and federal law
violations. Any change in residence location shall be reported to the chief of police
within 30 days.
Direction to Staff
RE : Voter Approval of Smart
and Safe Arizona Act
( Recreational Marijuana )
City of Apache Junction
Ar City Council Direction to Staff Item
wwq November 17, 2020
Background
On November 3, 2020, the voters of Arizona passed the "Smart
and Safe Arizona Act", a citizen initiative. . . . . . -"'relating to the
responsible adult use, regulation and taxation of marijuana",
(also referred to as the "recreational marijuana act" ) .
The act declares that in the interest of public health and safety,
the legal adult use of marijuana should be regulated so that :
• Legitimate, taxpaying business people, and not criminal actors,
conduct sales of marijuana;
• Marijuana sold in this state is tested, labeled and subject to
additional regulations to ensure that consumers are informed
and protected;
Background ( cont . )
• Employers retain their rights to maintain drug and alcohol
free places of employment;
• The health and safety of employees in the marijuana
industry are protected;
• Individuals must show proof of age before purchasing
marijuana;
• Selling, transferring or providing marijuana to minors and
other individuals under the age of 21 remains illegal;
• Driving, flying or boating while impaired to the slightest
degree by marijuana remains illegal .
Newly Defined Uses :
A marijuana establishment includes :
• a retail establishment at which the sale of marijuana and
marijuana products is conducted, along with the possible
cultivation and manufacture of marijuana products;
• an off-site location where marijuana is cultivated, processed
and products are made, but which does not conduct sales to
consumers;
• an off-site location at which marijuana products are
manufactured, packaged and stored, but which does not
conduct sales to consumers.
Newly Defined Uses ( cont . )
• A marijuana testing facility includes ADHS facilities or
facilities operated by another licensed entity to analyze the
potency of, and test the marijuana for, harmful
contaminants.
The act does not :
• change the medical marijuana laws, except that a licensed
medical marijuana dispensary may also apply to offer
recreational marijuana products to consumers over 21 years
of age ( referred to as being a "dual licensee" );
• allow smoking in public or open spaces;
• allow persons to operate motor vehicles, boats or fly aircraft
under the influence .
The act does :
• impose a sales tax of 16% on recreational marijuana
products;
• allow people to consume marijuana products in private
places, carry small quantities of marijuana and/or marijuana
products and paraphernalia;
• allow a person over the age of 21 to securely cultivate up to
6 plants in their own private residence ( no more than 12
plants if two or more persons over the age of 21 reside
together);
• set penalties for violators .
City's Optionsfor Regulation — A City May :
• Enact reasonable zoning regulations that limit the use of land for
marijuana establishments and marijuana testing facilities to specified
areas;
• Limit the number of marijuana establishments or marijuana testing
facilities, or both;
• Prohibit marijuana establishments or marijuana testing facilities, or
both;
• Regulate the time, place and manner of marijuana establishment and
marijuana testing facility operations;
• Establish reasonable restrictions on public signage regarding
marijuana, marijuana establishments and marijuana testing facilities;
• Prohibit or restrict delivery within its jurisdiction .
City's Options for Regulation — A City May Not :
Enact any ordinance, regulation or rule that:
• Is more restrictive than a comparable ordinance, regulation or rule
that applies to non-profit medical marijuana dispensaries;
• Makes the operation of a marijuana establishment or marijuana
testing facility unduly burdensome if the locality has not prohibited
marijuana establishments or marijuana testing facilities;
• Conflicts with state law or rules adopted pursuant to state law;
• Prohibits the transportation of marijuana by a marijuana
establishment or marijuana testing facility on public roads;
City's Optionsfor Regulation — A City May Not :
... ...enact a rule that:
• Restricts or interferes with the ability of a dual licensee or an entity
eligible to become a dual licensee to operate a nonprofit medical
marijuana dispensary and a marijuana establishment cooperatively at
shared locations;
• Except as expressly authorized by state law (Section 36-2851),
prohibits or restricts any conduct or transaction allowed by this
chapter, or imposes any liability or penalty in addition to that
prescribed by this chapter for any conduct or transaction constituting
a violation of this chapter.
Possible Direction to Staff:
• Draft an ordinance to amend the Zoning Ordinance ( '20" ) to regulate
marijuana establishments and marijuana testing facilities in the same
manner as medical marijuana dispensaries and cultivation facilities;
through the city's CUP process, which includes specific zoning, limit
on number of establishments, imposes separation distances and
other requirements (see med-mar regulations attached );
• Draft an ordinance to amend the ZO to allow marijuana
establishments and marijuana testing facilities outright in certain
zoning districts, to include limit on number, specify separation
distances, delivery and signage considerations, subject to the city's
normal development and design requirements, etc.;
Possible Direction to Staff (cont. ) :
• Draft an ordinance to amend the ZO to prohibit marijuana
establishments and marijuana testing facilities in the city;
• Draft an ordinance to amend the ZO to allow existing medical
marijuana dispensaries to becomes dual licensees, through a CUP
amendment process.
• Research and report on what other AZ cities are contemplating
regarding regulating recreational use of marijuana
• Other?
Final Comments :
• Staff report also contains a model ordinance drafted by the League of
Cities and Towns for the possible regulation of marijuana
establishments and marijuana testing facilities.
• AJ presently has two licensed dispensaries which could apply to be
dual licensees.
Questions/direction to staff? :
League of Arizona Cities and Towns
Model Ordinance Relating to Recreational Marijuana
(September 29, 2020)
Options are highlighted in yellow.
Notes are in red.
1
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
[CITY/TOWN] OF ,ARIZONA, AMENDING
THE CODE OF , ARIZONA BY ADOPTING A
NEW ARTICLE RELATING TO THE REGULATION OF
RECREATIONAL MARIJUANA; ESTABLISHING A
PURPOSE; SETTING FORTH DEFINITIONS; PROHIBITING
MARIJUANA ON PUBLIC PROPERTY; [PROHIBITING
MARIJUANA ESTABLISHMENTS AND/OR MARIJUANA
TESTING FACILITIES OR REGULATING MARIJUANA
ESTABLISHMENTS AND/OR MARIJUANA TESTING
FACILITIES]; ESTABLISHING REGULATIONS FOR
PERSONAL USE AT AN INDIVIDUAL'S PRIMARY
RESIDENCE; AUTHORIZING RETAIL SALES FROM
MARIJUANA AND MARIJUANA PRODUCTS; IMPOSING
FEES; SETTING FORTH VIOLATIONS; AND PROVIDING
FOR ENFORCEMENT AND PENALTIES.
WHEREAS, marijuana contains tetrahydrocannabinol ("THC"), which remains
on Schedule I of the Controlled Substances Act pursuant to 21 U.S.C. § 811 et al. and any
possession and use is a violation of federal law pursuant to 21 U.S.C. § 841 et. al.;
WHEREAS, the Arizona Medical Marijuana Act, Arizona Revised Statutes
Sections § 36-2801 et al., and Title 9, Chapter 17 of the Arizona Administrative Code allow the
establishment and operation of nonprofit medical marijuana dispensaries in [City/Town] according
to a prescribed statutory and regulatory process;
WHEREAS, the statewide ballot measure I-23-2020, known as "Smart and
Safe Arizona Act" has been certified as Proposition 207 and placed on the November 3, 2020
general election ballot and contains provisions authorizing the possession, consumption,purchase,
processing, manufacturing or transporting of marijuana by an individual who is at least twenty-
one (21) years of age; authorizing possession, transport, cultivation or processing of marijuana
plants in a primary residence by adults over 21 years of older; allowing a nonprofit medical
marijuana dispensary or other non-dispensary applicant to apply to the Department of Health
Services to become a licensed marijuana establishment authorized to engage in the retail sale,
cultivation and manufacturing of marijuana; and allowing the Department, or another entity
designated by the Department, to become a marijuana testing facility to test the potency of
marijuana and detect any harmful contaminants;
WHEREAS, the [City/Town] finds that Proposition 207 authorizes marijuana
establishments to use chemical extraction or chemical synthesis, including butane and other
flammable gases, to extract marijuana concentrate, which poses a threat to the health, safety and
security of the community and increases the responsibilities of law enforcement and other
[City/Town] departments to respond to violations of state and local laws, including building,
electrical and fire codes;
2
[OPTION.If Prohibiting establishments/facilities/
WHEREAS, the [City/Town] seeks to protect public health, safety, and welfare
by prohibiting marijuana establishments and/or marijuana testing facilities in the [City/Town];
[OPTION.If Allowing/Regulating establishments/facilities/
WHEREAS, the [City/Town] seeks to protect public health, safety, and welfare
by enacting reasonable zoning regulations to limit the number of marijuana establishments and/or
marijuana testing facilities in [City/Town];
NOW THEREFORE, BE IT ORDAINED by the Common Council of the
[City/Town] of ,Arizona, as follows:
Section I. In General.
The Code of , Arizona, is hereby amended by adding a new Article
Recreational Marijuana to read as follows:
Article X-X
Sec.X-X-1 Purpose
Sec.X-X-2 Definitions
Sec.X-X-3 Marijuana Prohibited on Public Property
Option A:Prohibits Marijuana Establishments and Marijuana Testing Facilities
Sec.X-X-4(A) Marijuana Establishment Prohibited
Sec.X-X-S(A) Marijuana Testing Facility Prohibited
Option B: Prohibits Marijuana Establishments Except for Dual Licensees; Prohibits
Marijuana Testing Facilities
Sec.X-X-4(B) Marijuana Establishment Prohibited; Dual Licensee
Exception.
Sec.X-X-S(B) Marijuana Testing Facility Prohibited
Option C. Prohibits Marijuana Establishments (with or without exception for dual
licensees);Permits Marijuana Testing Facilities
Sec.X-X-4(C) INSERT Sec.X-X-4(A) or Sec. X-X-4(B)
Sec.X-X-4(C) Marijuana Testing Facility Permitted
Option D:Permits Marijuana Establishments;Prohibits or Permits Marijuana Testing
Facilities
Sec.X-X-4(D) Marijuana Establishments Permitted; Nonresidential
Sec.X-X-S(D) INSERT Sec. X-X-S(A) or X-X-S(C)
Sec.X-X-6 Individual's Primary Residence for Personal Use
Sec.X-X-7 Retail Sales from Marijuana and Marijuana Products
Sec.X-X-8 Fees
Sec.X-X-9 Violations
Sec.X-X-10 Enforcement; Penalties
3
Sec.X-X-1 Purpose.
[OPTION.If prohibiting marijuana.]
This article is adopted to protect the health, safety, and welfare of the
community. Except as allowed by law for personal, private use, the
[City/Town] prohibits the retail sale, cultivation, and manufacturing of
marijuana or marijuana products in [City/Town]. Nothing in this article is
intended to promote or condone the sale, cultivation, manufacture,
transport, production, distribution, possession, or use of marijuana or
marijuana products in violation of any applicable law.
OR
[OPTION.If regulating marijuana.]
This article is adopted to protect the health, safety, and welfare of the
community. Except as allowed by law for personal, private use, the
[City/Town] enacts reasonable regulations and requires compliance with
zoning laws for the retail sale, cultivation and manufacturing of marijuana
or marijuana products in a marijuana establishment or marijuana testing
facility and the cultivation,processing and manufacturing of marijuana in a
primary residence. Nothing in this article is intended to promote or condone
the sale, cultivation, manufacture, transport, production, distribution,
possession, or use of marijuana or marijuana products in violation of any
applicable law.
Sec.X-X-2 Definitions.
The below words and phrases, wherever used in this article, shall be
construed as defined in this section unless, clearly from the context, a
different meaning is intended. Words used in the present tense include the
future tense, words in the plural number include the singular number, and
words in the singular number include the plural number.
A. "Chemical Extraction" means the process of removing a particular
component of a mixture from others present, including removing
resinous tetrahydrocannabinol from marijuana.
B. "Chemical Synthesis" means production of a new particular
molecule by adding to, subtracting from, or changing the structure
of a precursor molecule.
C. "Consume," "Consuming, " and "Consumption" mean the act of
ingesting, inhaling or otherwise introducing marijuana into the
human body.
4
D. "Consumer" means an individual who is at least twenty-one years
of age and who purchases marijuana or marijuana products.
E. "Cultivate" and "Cultivation" mean to propagate, breed, grow,
prepare and package marijuana.
F. "Deliver" and "Delivery" mean the transportation, transfer or
provision of marijuana or marijuana products to a consumer at a
location other than the designated retail location of a marijuana
establishment.
G. "Department' means the State of Arizona Department of Health
Services or its successor agency.
H. "Dual Licensee"means an entity that holds both a nonprofit medical
marijuana dispensary registration and a marijuana establishment
license.
I. "Enclosed Area' means a building, greenhouse, or other structure
that has:
1. A complete roof enclosure supported by connecting walls that
are constructed of solid material extending from the ground to
the roof,
2. Is secure against unauthorized entry;
3. Has a foundation, slab or equivalent base to which the floor is
securely attached; and
4. Meets performance standards ensuring that cultivation and
processing activities cannot be and are not perceptible from the
structure in terms of not being visible from public view without
using binoculars, aircraft or other optical aids and is equipped
with a lock or other security device that prevents access by
minors.
J. "Extraction" means the process of extracting or separating resin
from marijuana to produce or process any form of marijuana
concentrates using water, lipids, gases, solvents, or other chemicals
or chemical processes.
K. "Manufacture" and "Manufacturing" mean to compound, blend,
extract, infuse or otherwise make or prepare a marijuana product.
L. "Marijuana"
1. Means all parts of the plant of the genus cannabis, whether
growing or not, as well as the seeds from the plant, the resin
extracted from any part of the plant, and every compound,
5
manufacture, salt, derivative,mixture or preparation of the plant
or its seeds or resin.
2. Includes cannabis as defined in A.R.S. § 13-3401.
3. Does not include industrial hemp, the fiber produced from the
stalks of the plant of the genus cannabis, oil or cake made from
the seeds of the plant, sterilized seeds of the plant that are
incapable of germination, or the weight of any other ingredient
combined with marijuana to prepare topical or oral
administrations, food, drink or other products.
M. "Marijuana Concentrate:"
1. Means resin extracted from any part of a plant of the genus
cannabis and every compound, manufacture, salt, derivative,
mixture or preparation of that resin or tetrahydrocannabinol.
2. Does not include industrial hemp or the weight of any other
ingredient combined with cannabis to prepare topical or oral
administrations, food, drink or other products.
N. "Marijuana Establishment' means an entity licensed by the
Department to operate all of the following:
1. A single retail location at which the licensee may sell marijuana
and marijuana products to consumers, cultivate marijuana and
manufacture marijuana products.
2. A single off-site cultivation location at which the licensee may
cultivate marijuana, process marijuana and manufacture
marijuana products, but from which marijuana and marijuana
products may not be transferred or sold to consumers.
3. A single off-site location at which the licensee may manufacture
marijuana products and package and store marijuana and
marijuana products, but from which marijuana and marijuana
products may not be transferred or sold to consumers.
O. "Marijuana Products" means marijuana concentrate and products
that are composed of marijuana and other ingredients and that are
intended for use or consumption, including edible products,
ointments, and tinctures.
P. "Marijuana Testing Facility" means the Department or another
entity that is licensed by the Department to analyze the potency of
marijuana and test marijuana for harmful contaminants.
Q. "Nonprofit Medical Marijuana Dispensary" means a nonprofit
entity as defined in A.R.S. § 36-2801(12).
R. "Open Space" means a public park, public sidewalk, public
walkway or public pedestrian thoroughfare.
6
S. "Person"means an individual,partnership,corporation,association,
or any other entity of whatever kind or nature.
T. "Process" and "Processing" means to harvest, dry, cure, trim or
separate parts of the marijuana plant.
U. "Public Place"has the same meaning prescribed in the Smoke-Free-
Arizona Act, A.R.S. § 36-601.01.
V. "Smoke"means to inhale, exhale,burn, carry or possess any lighted
marijuana or lighted marijuana products, whether natural or
synthetic.
Sec.X-X-3 Marijuana Prohibited on Public Property.
A. The use, sale, cultivation, manufacture, production or distribution
of marijuana or marijuana products is prohibited on property that is
occupied, owned, controlled or operated by [City/Town].
B. It is unlawful for an individual to smoke marijuana in a public place
or open space in [City/Town].
[OPTION A:Sec.X-X-4(A) and X-X-S(A)prohibits a marijuana establishment and
marijuana testing facility—a municipality may prohibit either or both4
Sec.X-X-4(A) Marijuana Establishment Prohibited.
A. To the fullest extent allowable by law, the operation of a marijuana
establishment is prohibited in [City/Town].
B. To the fullest extent allowable by law, the operation of a marijuana
establishment by a dual licensee is prohibited in [City/Town].
Sec.X-X-S(A) Marijuana Testing Facility Prohibited.
A. To the fullest extent allowable by law, the operation of a marijuana
testing facility is prohibited in [City/Town].
[OPTIONS:Sec.X-X-4(B) and X-X-S(B)prohibits a marijuana establishment with the
exception of dual licensees who operate both medical dispensaries and marijuana
establishments at a shared location;prohibits a marijuana testing facility.
Sec. X-X-4(B) Marijuana Establishment Prohibited; Dual Licensee
Exception.
7
A. To the fullest extent allowable by law, the operation of a marijuana
establishment is prohibited in[City/Town],except where authorized
for a dual licensee who:
1. Operates both a nonprofit medical marijuana dispensary and
marijuana establishment cooperatively in a shared location; and
2. Has not forfeited or terminated the nonprofit medical marijuana
dispensary registration from the Department.
Sec.X-X-5(B) Marijuana Testing Facility Prohibited.
B. To the fullest extent allowable by law, the operation of a marijuana
testing facility is prohibited in [City/Town].
[OPTION C.Sec.X-X-4(Q and X-X-5(Q prohibits a marijuana establishment but
allows a marijuana testing facilityl.
Sec.X-X-4(C)
[INSERT Sec. X-X-4(A) prohibition of all Marijuana Establishments
or Sec. X-X-4(B) prohibition of Marijuana Establishment with dual
licensee exception].
Sec.X-X-5(C) Marijuana Testing Facility Permitted.
A. It shall be unlawful for a person to operate a marijuana testing
facility at any location within the [City/Town] without obtaining a
permit from the [City/Town] clerk in accordance
with [City/Town] Zoning Code Section including any
application and review procedures pursuant to
B. A marijuana testing facility is permitted in [City/Town] subject to
the following conditions:
1. There are no more than number of marijuana testing
facilities operating in [City/Town].
2. Shall ensure that access to the area of the facility where
marijuana or marijuana products are being tested or stored for
testing is limited to a facility's owners or authorized agents.
3. Shall ensure that transportation of marijuana or marijuana
products is in compliance with applicable law.
4. Shall comply with all testing processes, protocols, standards,
and criteria adopted by the Department for testing marijuana and
marijuana products.
5. Shall maintain records, equipment and instrumentation as
required by the Department.
8
6. Shall submit a written security plan to the [City/Town] that
specifies the measures that will be taken to deter and prevent
unauthorized entrance into limited access areas including the use
of security equipment to detect unauthorized intrusion, exterior
lighting to facilitate surveillance,and electronic monitoring such
as video cameras that provide coverage of all entrances to and
exits from limited access areas and all entrances to and exits
from the building and has sufficient recording resolution.
OR
Shall comply with all security protocols required by the
Department.
[OPTIOND:Sec.X-X-4(D) and X-X-5(D)permits a Marijuana Establishment and has
an option for prohibiting or permitting a Marijuana Testing Facility].
[NOTE: The following provisions are provided as examples to include in your
ordinance to regulate a Marijuana Establishment. However, if your city or town has
existing medical marijuana regulations it may be simpler to reference back to those
provisions since the Act prohibits a city or town from enacting an ordinance,
regulation or rule that is unduly burdensome or more restrictive than a comparable
ordinance, regulation, or rule that applies to nonprofit medical marijuana dispensaries.]
Sec.X-X-4(D) Marijuana Establishments Permitted; Nonresidential.
Marijuana establishments shall be regulated as outlined in Section
of the [City/Town] Code (reference to nonprofit medical
marijuana dispensary regulations instead of including the following
provisions).
OR
A. It shall be unlawful for a person to operate a marijuana establishment
at any location within the [City/Town] without obtaining a
permit from the [City/Town] clerk in accordance
with [City/Town] Zoning Code Section including any
application and review procedures pursuant to
B. If authorized by state law and a valid permit has been obtained from
the [City/Town], a marijuana establishment is permitted in
[City/Town] subject to the following conditions and limitations:
[OPTION.Dual licensee only]
1. To the fullest extent allowable by law, shall be authorized for a
dual licensee who operates both a nonprofit medical marijuana
dispensary and marijuana establishment cooperatively in a
9
shared location and has not forfeited or terminated the nonprofit
medical marijuana dispensary registration from the Department.
OR
[OPTION: Dual licensee (who is not limited to a shared location or
maintaining dispensary registration) or any other licensed applicant; the
Act allows the Department to issue social equity ownership program
licenses that will be authorized to operate as marijuana establishments].
1. To the fullest extent allowable by law, shall be authorized in
[City/Town] for:
a. A dual licensee who operates both a nonprofit medical
marijuana dispensary and marijuana establishment.
b. Any other entity licensed by the Department to provide
marijuana or marijuana products to consumers.
2. Shall not be more than marijuana establishments operating
in [City/Town].
3. Shall be authorized in zoning districts.
4. Shall not be located within hundred feet of the same type
of use or a nonprofit medical marijuana dispensary. This
distance shall be measured from the lot line of the property in
which the businesses are conducted or proposed to be conducted.
5. Shall not be located within hundred feet of a residentially
zoned property.This distance shall be measured from the lot line
of the property in which the business is conducted or proposed
to be conducted to the property boundary line of the residentially
zoned property.
6. Shall not be located within feet of a preschool,
kindergarten, elementary, secondary or high school, place of
worship, public park, public cemetery or community center.
This distance shall be measured from the lot line of the property
in which the business is conducted or proposed to be conducted
to the property line of the protected use.
7. Shall be located in a permanent building on an established
foundation adhering to [City/Town] building codes and shall not
include any temporary, portable or self-powered mobile
facilities, or trailer, cargo container or motor vehicle.
10
8. Shall be a total maximum square feet. Maximum
square footage may be expanded subject to Use Permit
application and hearing procedures set forth under [City/Town
Code].
9. The secure storage area for the marijuana stored at the location
shall not exceed square feet of the total square foot
maximum floor area of the facility. Maximum square footage
may be expanded subject to Use Permit application and hearing
procedures set forth under [City/Town Code].
10. Shall have operating hours not earlier than a.m. and not
later than p.m.
11. Shall not provide drive-thru services or offsite deliveries of
marijuana or marijuana products.
12. Shall not allow a person to consume marijuana or marijuana
products on the premises or provide outdoor seating areas.
13. Shall provide for proper disposal of marijuana remnants or by-
products. The remnants or by-products shall not to be placed
within the facility's exterior refuse containers, [City/Town]trash
can, bin or other [City/Town] facility, or in any park refuse
container unless authorized by the [City/Town].
14. Shall not emit dust, fumes,vapors or odors into the environment
from the facility and shall ensure that ventilation, air filtration,
building and design standards are compatible with adjacent uses
and the requirements of adopted building codes of[City/Town].
15. Shall not sell marijuana or marijuana products, except as
permitted by state law to consumers.
16. Shall not display or keep marijuana or marijuana products that
are visible from outside the premises.
17. Shall comply with applicable county health regulations for food
preparation and handling.
18. Shall comply with applicable laws to safely and securely engage
in extraction processes.
19. Shall submit a written security plan to the [City/Town] that
describes the actions taken to deter and prevent unauthorized
11
entrance into limited access areas including use of security
equipment, exterior lighting to facilitate surveillance, and
electronic monitoring such as video cameras.
20. For a marijuana establishment that engages in cultivation or
manufacturing, shall submit a written operations plan to the
[City/Town] that describes the following:
i. Procedures showing that the marijuana cultivation will
be conducted in accordance with state and local laws and
regulations regarding use and disposal of pesticides and
fertilizers.
ii. The legal water source, irrigation plan, wastewater
systems to be used, and projected water use.
iii. The plan for addressing odor and other public nuisances
that may derive from the establishment.
Sec.X-X-5(D)
[INSERT Sec. X-X-5(A) to prohibit a Marijuana Testing Facility or
Sec.X-X-5(C) to permit a Marijuana Testing Facility]
Sec.X-X-6 INDIVIDUAL'S PRIMARY RESIDENCE FOR
PERSONAL USE
[NOTE: Your city or town may want to reference or incorporate any existing
regulations for medical marijuana use and cultivation in residential areas.]
A. To the fullest extent allowable by law, marijuana possession, consumption,
processing, manufacturing, transportation, and cultivation is permitted in a
residential zoning district in [City/Town] and is subject to the following
conditions and limitation:
I. It shall be unlawful for any individual who is at least twenty-one (21)
years of age to possess, transport, cultivate or process more than six (6)
marijuana plants.
2. It shall be unlawful for two or more individuals who are at least twenty-
one(21)year of age to possess,transport, cultivate or process more than
twelve (12) marijuana plants at the individuals' primary residence.
3. Except as provided by A.R.S. § 36-2801 et al. and this Section, it shall
be unlawful for an individual to otherwise cultivate marijuana in a
residential zoning district within the [City/Town] limits.
4. Individuals shall not process or manufacture marijuana by means of any
liquid or gas other than alcohol,that has a flashpoint below one hundred
(100) degrees Fahrenheit.
12
5. Kitchen, bathrooms, and primary bedroom(s) shall be used for their
intended use and shall not be used primarily for residential marijuana
processing, manufacturing, or cultivation.
6. A residence shall not emit dust, fumes, vapors, or odors into the
environment and individuals shall ensure that ventilation, air filtration,
building and design standards are compatible with adjacent uses and the
requirements of adopted building codes of[City/Town].
7. Cultivation shall be limited to a closet, room, greenhouse, or other
enclosed area on the grounds of the residence equipped with a lock or
other security device that prevents access by minors.
8. Cultivation shall take place in an area where the marijuana plants are
not visible from public view without using binoculars, aircraft, or other
optical aids.
[NOTE: Cities and towns are not allowed to impose any tax rate above or below their
regular retail tax rate on sales or purchases of marijuana or marijuana products.]
Sec.X-X-7 Retail Sales from Marijuana and Marijuana Products.
To the fullest extent allowable by law, the sale of marijuana and
marijuana products is authorized within the [City/Town] from a
marijuana establishment and is tangible personal property as
defined in A.R.S. § 42-5001 and subject to the transaction
privilege tax in the retail classification and use tax.
[OPTIONAL:If marijuana establishments and/or marijuana testing facilities are
permitted in your city or town].
Sec. X-X-8 Fees.
A. [FOR PERMITS] The fee for the permit shall be established by
[RESOLUTION OF THE CITY/TOWN COUNCIL/FEE
SCHEDULE].
OR
The permit fee for a marijuana establishment pursuant to Sec.
X-X-_is ($ ) annually.
The permit fee for a marijuana testing facility pursuant to Sec.
X-X-_is ($ ) annually.
13
Sec. X-X-9 Violations.
A. It is unlawful and a violation of this article for a person to sell,
cultivate, process, manufacture or transport marijuana or
marijuana products if the person fails to meet all the
requirements in this article or state law, including the
Department's rules.
B. It is a violation of this article for any person to provide false
information on any permit application.
C. Each day any violation of any provision of this article shall
continue shall constitute a separate offense.
Sec.X-X-10 Enforcement; Penalties.
A. The permit may be revoked by the [City/Town] for
violation of any provision of this article, for any violation of the
requirements of the permit, or if the Department revokes the
license for a marijuana establishment or marijuana testing
facility. If a permit is revoked,the permittee shall have the right
to appeal the decision of the [City/Town] to as
outlined in Section of the [City/Town] Code.
B. Violations of this article are in addition to any other violation
enumerated within the [City/Town] ordinances or the
[City/Town] Code and in no way limits the penalties, actions or
abatement procedures which may be taken by the [City/Town]
for any violation of this article, which is also a violation of any
other ordinance or Code provision of the [City/Town] or federal
or state law. Conviction and punishment of judgment and civil
sanction against any person under this article shall not relieve
such person from the responsibility of correcting prohibited
conditions, or removing prohibited structures or improvements,
and shall not prevent the enforced correction or removal thereof.
C. Civil Penalty: Violations of any provision of this article shall be
civil code offenses which may be adjudicated and enforced by
the [City/Town] civil hearing process set forth in subsection
or [City/Town] Court under Section of the
[City/Town Code].
14
Section IL Providingfor or 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 III. Recitals.
The recitals above are fully incorporated in this Ordinance by reference.
Section IV. Effective Date.
[OPTION: Conditional Effective Date]
This Ordinance does not become effective unless the Smart and Safety Act
(Proposition 207)becomes law when approved by a majority of the votes cast at the November
3, 2020 general election and on proclamation of the governor. Upon the governor's
proclamation, the effective date of this Ordinance shall be days following adoption by the
[City/Town] Council.
OR
[OPTION:Emergency Act]
Emergency.
Because of the urgent need for the implementation of the [City/Town]'s regulations
concerning recreational marijuana, the immediate operation of this Ordinance is necessary for
the preservation of the health, safety, and general welfare. An emergency is hereby declared
to exist and this Ordinance shall be in full force and effect from and after its passage and
approval by the Mayor and Council as required by law.
Section V. Zoning Considerations.
In accordance with Article II, Sections 1 and 2, Constitution of Arizona, the [City/Town]
Council has considered the individual property rights and personal liberties of the residents of the
Town before adopting this ordinance.
Section VI. Preservation of Rights and Duties.
This Ordinance does not affect the rights and duties that matured, penalties that
were incurred, or proceedings that were begun before the effective date of this Ordinance.
Section VII. 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.
15
PASSED AND ADOPTED by the Common Council of the [City/Town] of
Arizona, this day of , 202_,by the following vote:
AYES:
NAYES: ABSENT:
EXCUSED: ABSTAINED:
APPROVED this day of , 202_.
Mayor
ATTEST:
[City/Town] Clerk
APPROVED AS TO FORM:
[City/Town] Attorney
I, , [CITY/TOWN] CLERK, DO HEREBY CERTIFY THAT A TRUE
AND CORRECT COPY OF THE ORDINANCE NO. ADOPTED BY THE
COMMON COUNCIL OF THE [CITY/TOWN] OF ON THE
DAY OF , 202, WAS POSTED IN THREE PLACES ON THE DAY
OF , 202_.
[City/Town] Clerk
16
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ
U =i 85119
Agenda Item No. 13.
'+'Piz File ID: 20-611
Sponsor: Larry Kirch Agenda Date: 11/17/2020
Index: In Control: City Council Meeting
Discussion and direction to staff on resignation of Planning and Zoning Commissioner Shirley
Ooley and the process to fill the vacant position.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
Pp ACHE
O�
F-
qR ONP Home of the Superstition Mountains
DATE: NOVEMBER 9, 2020
MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
THROUGH: BRYANT POWELL, CITY MANAGER
FROM: JENNIFER PENA, CITY CLERK
SUBJECT APPOINTMENT TO VACANCY ON PLANNING AND ZONING
COMMISSION (Regular meeting 11-17-2020)
On October 31 , 2020, Shirley Ooley submitted her resignation from the Planning
and Zoning (P&Z) Commission effective the same day. Ms. Ooley's term was
due to expire October 31 , 2021 .
Staff is seeking direction on how and when the Council would like to fill the
position.
Staff could use the most recent list of applicants who were interviewed during the
month of October and Council could either:
1 . Appoint an applicant from the October interviews.
2. Have staff contact the list of candidates from the October interviews to
determine candidates' interest in still serving, schedule interviews and
appointment of applicant on an upcoming December meeting.
3. Re-open the application process and later schedule interviews and
appointment at a future date.
4. Delay the appointment process until after the new council is sworn in.
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
= Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No. 14.
Piz File ID: 20-602
Sponsor: Bryant Powell Agenda Date: 11/17/2020
Index: In Control: City Council Meeting
Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, November 30 and
Tuesday December 1, 2020 be held in the city council conference room and city council
chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively;
and other meetings if necessary.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026