Unless otherwise defined herein, the terms in this chapter shall have the same meaning as set forth in the MAUCRSA and any rules promulgated pursuant thereto. In addition, the following terms shall be defined as follows:
"Certificate of accreditation"means a certificate issued by an accrediting body to a licensed testing laboratory, entity, or site to be registered in the state.
"City"means Cathedral City, California.
"City manager"shall mean the city manager of the city or duly authorized designee.
"Commercial cannabis activity"means any activity, recreational or medicinal, including the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and/or cannabis products as provided in this chapter.
"Cultivation"means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
"Delivery"means the commercial transfer of cannabis or cannabis products to a customer.
"Dispensary"means a cannabis business that engages in the retail sale and delivery of cannabis or cannabis products to customers. A dispensary, as that term is used in this code, is a "retailer" under the MAUCRSA.
"Distribution"means the procurement, wholesale, and transport of cannabis and cannabis products between licensees, and may include the storage of packaged goods, coordination of compliance testing, packaging, re-packaging, labeling, re-labeling, and preparation of pre-rolls using previously processed plant material.
"Distributor"means a cannabis business that engages in the distribution and transportation of cannabis and cannabis products to other cannabis businesses.
"Good cause"for purposes of denying an initial local license issuance, for suspending or revoking a local license, or for denying a local license renewal, means:
1. The applicant or licensee has been cited for violating any of the terms, conditions or provisions of this chapter, of state law, of any regulations and rules promulgated pursuant to state law, any applicable local rules and regulations, or any special terms or conditions placed upon its conditional use permit, state license, or local license;
2. The premises has been or is proposed to be operated in a manner that adversely affects the public health, safety or welfare or the safety of the immediate neighborhood in which the establishment is located;
3. The applicant or licensee has knowingly made false statements, misrepresentations or material omissions on an application form, renewal form, or any other document submitted to the city;
4. The criminal history of the applicant's or licensee's owner(s) indicates that one or more of the owner(s) lack good moral character;
5. An owner of the applicant or licensee is a licensed physician providing physician's recommendation to qualified patients for medicinal cannabis;
6. The applicant or licensees, or any owner of the applicant or licensee, is a person who is prohibited from holding the license under this chapter;
7. The premises proposed to be licensed or the licensed premises is located on land that is owned by the United States and held in trust for any federally-recognized Indian tribe or any member of the tribe, or that is subject to a restriction on alienation imposed by the United States;
8. For renewals, suspensions and revocations, the licensee has allowed a person whose criminal history indicates that person is not of good moral character to work within the premises as an employee, independent contractor, or volunteer; or
9. For renewals, suspensions and revocations, the licensee fails to allow inspection of the security recordings, activity logs, or business records of the licensed premises by city officials.
"Good moral character"means having a personal history that demonstrates the propensity to serve the public in the licensed area in a manner that reflects openness, honesty, fairness, and respect for the rights of others and for the law. In determining good moral character, the following standards shall apply:
1. A person who has been convicted of any of the following offenses shall not be considered to be of good moral character:
a. A violent felony, as specified in Penal Code Section
667.5(c);
b. A serious felony, as specified in Penal Code Section
1192.7(c);
c. A felony conviction involving fraud, deceit, or embezzlement;
d. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor;
e. A felony conviction for selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;
f. A felony conviction for drug trafficking with enhancements pursuant to Section
11370.4 or
11379.8 of the Health and Safety Code.
2. Except as provided in paragraph 1 of this definition, and notwithstanding Chapter
2 of Division 1.5 of the California Business and Professions Code, a prior conviction where the sentence, including any term of probation, incarceration, or supervised release is completed for possession of, possession for sale, sale, manufacture, transportation, or cultivation of cannabis shall not be the sole ground for a determination that a person lacks good moral character.
3. An owner of a licensee who is convicted of any controlled substance felony subsequent to issuance of a local license shall be deemed to lack good moral character.
"Identification card"or "ID card" means a valid identification card issued pursuant to Section
11362.7 et seq., of the California Health and Safety Code.
"Identification card holder"or "ID card holder" means an individual who is a qualified patient who has applied for and received a valid ID card pursuant to Article
2.5 of Chapter 6 of Division 10 of the California Health and Safety Code.
"Licensed premises"means a premises for which a local license has been issued pursuant to this chapter. "Licensee" means a person who has been issued a local license pursuant to this chapter.
"Limited access area"means a building, room or other area that is part of the licensed premises where cannabis is grown, cultivated, stored, weighed, displayed, packaged, or sold to other cannabis businesses with limited access to only authorized personnel.
"Local license"means a license granted by the local licensing authority, pursuant to this chapter. "Local licensing authority" means the city manager.
"Manufacturing"means a cannabis operation that engages in extraction and/ or infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products. "Manufacturing" also includes any processing, preparing, holding, or storing of components and ingredients. Manufacturing operations may involve the use of chemical solvents, heating, mixing, or other processes.
"Non-supervisorial employee"means an individual employed by the licensee that does not have the authority to hire, fire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. For the purposes of this definition, an individual shall not be considered an employee of a licensee if the individual is working for the licensee pursuant to a written agreement that expressly states the individual is an independent contractor.
"Odor control plan"means a written plan prepared by a licensed professional engineer or certified industrial hygienist that describes the odor emitting activities or processes specific to a cannabis business together with a description of the methods used for odor control to ensure that odors are not detected off site.
"Owner"means any of the following:
1. A person with an aggregate ownership interest of twenty percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
2. The chief executive officer of a nonprofit or other entity.
3. A member of the board of directors of a nonprofit.
4. An individual who will be participating in the direction, control, or management of a cannabis facility on behalf of the owner of the license.
"Physician,"as used in this chapter, shall mean an individual who possesses a license in good standing to practice medicine or osteopathy from the state of California.
"Seed to sale software"means the track and trace inventory control system established pursuant to Section
26067 of the California Business and Professions Code that utilizes a unique identifier pursuant to Section
26069 of the California Business and Professions Code and tracks transfers of cannabis from seed through sale. Until such a time that the state of California implements Section
26067 of the California Business and Professions Code, the "seed to sale software" shall refer to the third-party tracking software required by Section
5.88.065(P) of this chapter.
"State law(s)"shall mean and include California Health and Safety Code Section
11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections
11362.7 to
11362.85 (Medicinal Marijuana Program Act); the MAUCRSA, and all other applicable laws and regulations of the state of California.
"State license"means a state license issued under MAUCRSA, and includes both an A-license and an Mlicense, as well as a testing laboratory license.
"State licensing authority"shall mean the state agency responsible for the issuance, renewal, or reinstatement of a state license, or the state agency authorized to take disciplinary action against a state licensee.
"Testing laboratory"means a facility, laboratory, entity, or site that: (i) offers or performs tests of cannabis or cannabis products; (ii) offers no service other than such tests; (iii) sells no products, excepting only testing supplies and materials; (iv) is accredited by any necessary accrediting body that is independent from all other persons involved in the cannabis industry in the state; and (v) is registered with any necessary state agency required by law.
(Ord. 800 § 1, 2017; Ord. 817 § 1, 2018; Ord. 863 § 1, 2022; Ord. 892, 10/22/2025)