When used in this chapter, the following words are defined as follows. If a word is not defined in this section, other provisions of the Goleta Municipal Code, or City ordinance, the definitions shall be as in State law or, in case where a definition is not provided in State law, as determined by the Director of Neighborhood Services and Public Safety.
“Cannabis business”means a person operating any or all commercial activities relating to cannabis that requires a license under State law.
“City Manager”shall mean the City of Goleta City Manager, or designee.
“Director”shall be the Finance Director or designee.
“Financial interest”means an investment into a commercial cannabis business, a loan provided to a commercial cannabis business, or any other equity interest in a commercial cannabis business.
“Financial interest holder”means any individual(s) or business entity(ies) that have a financial interest in a commercial cannabis business but are not owners as defined in this section.
“Fire Chief”shall mean the Santa Barbara County Fire Department Fire Chief, or designee.
“Owner”of a commercial cannabis business means any of the following:
1. A person with an aggregate ownership interest of 20% or more in the commercial cannabis business, unless the interest is solely a security, lien, or encumbrance. For purposes of this section, “aggregate” means the total ownership interest held by a single person through any combination of individually held ownership interests in a commercial cannabis business and ownership interests in an entity that has an ownership interest in the same commercial cannabis business. For example, a person who owns 10% of the stock in a commercial cannabis business as an individual shareholder and 100% of the stock in an entity that owns 10% of the stock in the same commercial cannabis business has a 20% aggregate ownership interest in the commercial cannabis business.
2. An individual who manages, directs, or controls the operations of the commercial cannabis business, including, but not limited to:
a. A member of the board of directors of a nonprofit.
b. A general partner of a commercial cannabis business that is organized as a partnership.
c. A non-member manager or managing member of a commercial cannabis business that is organized as a limited liability company.
d. The trustee(s) and all persons who have control of the trust and/or the commercial cannabis business that is held in trust.
e. The chief executive officer, president or their equivalent, or an officer, director, vice president, general manager or their equivalent.
3. If the commercial cannabis business is owned in whole or in part by an entity and the entity includes individuals who manage, direct, or control the operations of the commercial cannabis business, as described in subsection (2)(e), those individuals shall also be disclosed as owners.
4. If available evidence indicates that an individual qualifies as an owner, the Department may notify the applicant or licensee that they must either disclose the individual as an owner and submit the information required by Section
5.09.040 or demonstrate that the individual does not qualify as an owner.
“Person”means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
“Premises”means the designated structure(s) and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.
“Seller’s permit”means a State business license that allows a business to make sales of tangible personal property in California.
“State law”means the codified sections promulgated by the California State Legislature related to commercial cannabis businesses.
(Ord. 19-07 § 4; Ord. 23-12 § 4)