When used in this Chapter, the following words shall have the meanings ascribed to them in this section.
"Annual certification"means a form provided by the City and signed, under penalty of perjury, by the individual to whom the City issued the use license for a cannabis commercial activity certifying that activity was, is and will be in full compliance with this code and State laws.
"Cannabis" or "marijuana"means any or all parts of the 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 marijuana. "Cannabis" also means marijuana as defined by Section
11018 of the California Health and Safety Code as enacted by Proposition 64. For the purpose of this Chapter, "Cannabis" does not mean industrial hemp as that term is defined in Section
11018.5 of the California Health and Safety Code or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or another product.
"Cannabis application"means a form provided by the City for an individual to seek a commercial cannabis use license.
"Cannabis concentrate"means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency. An edible cannabis product is not considered food, as defined by Section
109935 of the California Health and Safety Code, or a drug, as defined by Section
109925 of the California Health and Safety Code.
"Cannabis cultivation"means the propagation, growing, planting, harvesting, drying, curing, grading or trimming of marijuana or any part thereof.
"Cannabis dispensary"means any for-profit or not-for-profit facility or location, whether permanent or temporary, where the owner(s) or operator(s) intends to or does possess and distribute cannabis, or allows others to possess and distribute cannabis, to more than one person. A "cannabis dispensary" includes a "collective" or "cooperative" as described in Health and Safety Code Section
11362.775, and includes an establishment that delivers cannabis to offsite locations. A "cannabis dispensary" shall not include the following uses; provided, that the location of such uses is permitted by the Code and the uses comply with State laws, including Health and Safety Code Section
11362.5 et seq.:
1. A clinic licensed pursuant to Chapter
1 of Division 2 of the Health and Safety Code;
2. A health care facility licensed pursuant to Chapter
2 of Division 2 of the Health and Safety Code;
3. A facility licensed pursuant to Chapter
2 of Division 2 of the Health and Safety Code;
4. 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;
5. A residential care facility for the elderly licensed pursuant to Chapter
3.2 of Division 2 of the Health and Safety Code; or
6. A residential hospice or a home health agency licensed pursuant to Chapter
8 of Division 2 of the Health and Safety Code.
"Cannabis event"means a temporary event including on-site sale of cannabis to, and/or consumption of cannabis by, persons 21 years of age or older, as described and regulated in Section
26200(e) of the California Business and Professions Code and Chapter 5 of Division 19 of Title
4 of the California Code of Regulations (commencing at Section 15600).
"Commercial cannabis activity" or "commercial cannabis use"includes cultivation, possession, manufacture, distribution, processing, storing, staking, laboratory testing, packaging, labeling, transportation, delivery or wholesale or retail sale of cannabis or a cannabis product, whether fixed or mobile, as part of a for-profit or non-profit business.
"Delivery"means the commercial transfer of one or more cannabis products from a dispensary, up to an amount determined by the State of California, or any of its departments or divisions, to any person, business or location. "Delivery" also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed by the State of California, that enables any person to arrange for or facilitate the commercial transfer by a licensed dispensary of cannabis or cannabis products.
"Dispensary"means a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale.
"Distribution"means the procurement, sale, and transport of cannabis or cannabis products between entities licensed pursuant to State Law.
"Edible cannabis product"means manufactured cannabis that is intended to be used, in whole or in part, for human consumption. An edible medical cannabis product is not considered food as defined by Section
109935 of the California Health and Safety Code or a drug as defined by Section
109925 of the California Health and Safety Code.
"Live plants"means living cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants.
"Operation"means any effort to locate, operate, own, lease, supply, allow to be conducted, or aid, abet or assist in the conduct of a commercial cannabis activity.
"Person"means any individual, firm, corporation, partnership, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer or salesperson.
"Smoke"means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "Smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and cannabis smoke.
"Smoking"means engaging in an act that generates smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind or lighting or igniting a pipe, a hookah pipe, a cigar, or a cigarette of any kind.
"Stacking"means the practice of growing marijuana plants on platforms or tables and stacking them in multiple layers on top of each other.
"State laws"mean all applicable: (i) legislation chaptered as part of a State of California code; (ii) rules and regulations adopted by any State of California agency; and (iii) final supreme or appellate court decisions.
"Transport" or "transportation"means the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity.
"Video monitoring"means 24-hour security surveillance cameras of at least HD quality to show all entrances and exits to and from a secure area and to show all interior spaces within the premises where a commercial cannabis activity, including each retail transaction, is conducted and are open and accessible to the public.
(Ord. 1621(16) § 2; Ord. 1640(17) § 2; Ord. 1645(18) § 1; Ord. 1683(21) § 2)