[Ord. No. 1251-17.]
It is the intent of the city to encourage responsible personal
and commercial cannabis activities and to discourage violations of
related state laws, especially those that prohibit the sale, use,
or distribution of cannabis and cannabis products to minors. It is
not the intent of the city to expand, reduce, or alter the penalties
for violations of state cannabis laws.
(a)
CANNABIS — Means all parts of the plant Cannabis sativa Linnaeus,
Cannabis indica, or Cannabis ruderalis, whether growing or not; the
seeds thereof; the resin, whether crude or purified, extracted from
any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin. "Cannabis"
also means the separated resin, whether crude or purified, obtained
from cannabis. "Cannabis" does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from the seeds
of the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom),
fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination. "Cannabis" does not mean "industrial hemp"
as defined by Section 11018.5 of the Health and Safety Code.
(b)
CANNABIS BUSINESS — Means any business engaged in commercial
cannabis activity. "Cannabis business" does not include any of the
following:
(1)
A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.
(2)
A residential care facility for persons with chronic life-threatening
illness licensed pursuant to Chapter 3.01 of Division 2 of the Health
and Safety Code.
(3)
A residential care facility for the elderly licensed pursuant to
Chapter 3.2 of Division 2 of the Health and Safety Code.
(4)
A residential hospice or a home health agency licensed pursuant to Chapter 8 and Chapter 8.5 of Division 2 of the Health and Safety Code.
(5)
The cultivation, delivery, gift, or furnishing of cannabis by a qualified
patient, a primary caregiver, or other person with an identification
card as defined by Section 11362.7 of Health and Safety Code provided
such activity complies strictly with all applicable state law, including
but not limited to, Sections 11362.5 and 11362.765 of the Health and
Safety Code.
(c)
CANNABIS CULTIVATION BUSINESS — Means any cannabis business
that, pursuant to a Type 1, Type 1A, Type 1B, Type 1C, Type 2, Type
2A, Type 2B, Type 3, Type 3A, Type 3B, Type 4, Type 5, Type 5A, Type
5B, or Type 12 state cannabis license, cultivates cannabis or cannabis
products.
(d)
CANNABIS DELIVERY BUSINESS — Means any cannabis business that,
pursuant to a Type 10 state cannabis license, delivers, makes available,
or distributes cannabis and cannabis products to a consumer.
(e)
CANNABIS DISTRIBUTION BUSINESS — Means any cannabis business
that, pursuant to a state cannabis license, procures, sells, or transports
cannabis and cannabis products between cannabis businesses.
(f)
CANNABIS FOR PERSONAL USE — Means the use or possession of cannabis that does not require a license pursuant to Chapter 1 of Division 10 of the Business and Professions Code.
(g)
CANNABIS MANUFACTURING BUSINESS — Means any cannabis business
that, pursuant to a Type 6, Type 7, or Type 12 state cannabis licenses
manufactures cannabis or cannabis products.
(h)
CANNABIS PRODUCT — Means cannabis that has undergone a process
whereby the plant material has been transformed into a concentrate,
including, but not limited to, concentrated cannabis, or an edible
or topical product containing cannabis or concentrated cannabis and
other ingredients.
(i)
CANNABIS TESTING LABORATORY — Means a cannabis business that
tests cannabis or cannabis products pursuant to a Type 8 state cannabis
license.
(j)
COMMERCIAL CANNABIS ACTIVITY — Includes the cultivation, manufacture,
distribution, processing, storing, laboratory testing, packaging,
labeling, transportation, delivery, or sale of cannabis or cannabis
products that requires a state license.
(k)
COMMERCIAL CANNABIS WASTE — Means cannabis plants and plant
materials that are discarded by a cannabis business, including but
not limited to extra vegetative plants, failed clones, and harvest
waste.
(l)
CULTIVATION — Means any activity involving the planting, growing,
harvesting, drying, curing, grading, or trimming of cannabis.
(m)
CULTIVATION SITE — Means the location where cannabis is planted,
grown, harvested, dried, cured, graded, or trimmed, or a location
where any combination of those activities occur.
(n)
DAY CARE — Means a facility, center, or home requiring a license
that is issued by the State of California which provides for the care,
health, safety, supervision, or guidance of a child's social, emotional,
and educational growth on a regular basis, in a place other than the
child's own home, or any facility meeting the definition of Section
1596.76 of the Health and Safety Code.
(o)
DISPENSARY— Means any cannabis business where medicinal or
adult-use cannabis or cannabis products are sold at retail to customers,
pursuant to a Type 10 state cannabis license.
(p)
GROUP HOME — Means any community care facility regulated and
licensed by a Federal or State agency. Unlicensed community care facilities
or those community care facilities the regulation of which is not
otherwise preempted by State or Federal law shall not constitute group
homes.
(q)
INDOOR CULTIVATION — Means the cultivation of cannabis for
personal use within a fully enclosed and secure structure that has
a complete roof in which cannabis plants cannot be seen from any public
right-of-way. Indoor cultivation does not include any commercial cannabis
activity.
(r)
MANUFACTURE — Means to compound, blend, extract, infuse, or
otherwise make or prepare a cannabis product.
(s)
OUTDOOR CULTIVATION — Means the cultivation of cannabis that
does not meet the definition of indoor cultivation.
(t)
PRIVATE RESIDENCE — Means a house, an apartment unit, a mobile
home, or other similar dwelling.
(u)
PRIMARY CAREGIVER — Has the same meaning as that term is defined
by Section 11362.7 of the Health and Safety Code.
(v)
QUALIFIED PATIENT — Has the same meaning as that term is defined
by Section 11362.7 of the Health and Safety Code.
(w)
YOUTH CENTER — Means any public or private facility that is
primarily used to host recreational or social activities for minors,
including, but not limited to, private youth membership organizations
or clubs, social service teenage club facilities, video arcades, or
similar amusement park facilities.
[Ord. No. 1251-17; Ord. No. 1255-18 § 1.]
(a)
Any cannabis business that does not have an applicable state license
is prohibited within the city.
(b)
Any cannabis business allowed in the city shall obtain a development
agreement, a city business license, and a conditional use permit,
as set forth in this chapter.
(c)
At the time of application to the city, every cannabis business applicant
shall submit to the Public Services Director a copy of its state license
or state license application required for its operation.
[Ord. No. 1251-17.]
