means a person or organization who has registered with the City of Encinitas, per the process outlined by this chapter and developed by staff, in order to obtain a business license for a cannabis business.
means the commercial cultivation, possession, manufacture, distribution, processing, storing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products.
means any person lawfully engaged in a commercial cannabis activity as set forth by the California Business and Professions Code, Division 10, and state rules and regulations implementing those laws.
means the classification of "cannabis business" that a person is pursuing in the City of Encinitas. For the purposes of this chapter, the cannabis business types are: retail, cultivation, product manufacturing, cannabis kitchen, and distribution.
means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency, as defined by Section 26001 of the California Business and Professions Code.
means a premises where edible cannabis products are produced by a manufacturer.
as defined by Section 26001 of the California Business and Professions Code.
is defined to mean a California state commercial marijuana license classification for cultivation in California Business and Professions Code section 26050, subdivision (a).
as defined by Section 26001 of the California Business and Professions Code.
is the organization or entity holding the business license for cultivation.
as defined by Section 11018.1 of the California Health and Safety Code.
as defined by Section 1596.76 of the California Health and Safety Code, properly licensed and zoned in the City of Encinitas, and actively operating and providing childcare to children under the age of 18.
as defined by Section 26001 of the California Business and Professions Code.
is the organization or entity engaging in wholesale distribution of cannabis in compliance with the regulations for a State Cultivation License Type 11 (Distributor), defined in California Business and Professions Code section 26050, subdivision (a)(19).
is defined to mean a physical premises where cannabis and cannabis products are distributed by a distributor.
means cannabis product that is intended to be used, in whole or in part, for human consumption, as defined by Section 26001 of the California Business and Professions Code.
means the production of edible cannabis products by a manufacturer.
means a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of one percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
as defined by Section 26001 of the California Business and Professions Code.
means a person with an aggregate ownership interest, direct or indirect, of 20% or more in a commercial cannabis business, whether a partner, shareholder, member, or the like, including any security, lien, or encumbrance in an ownership interest that, upon default, could become an ownership interest of 20% or more in a commercial cannabis business.
is the designated area at a indoor or mixed-light cultivation site that will contain mature plants, defined as cannabis plants that are flowering. For nursery cultivation, plant canopy shall mean the designated area that will contain seeds, clones, and immature plants, defined as plants that are not flowering.
means any outdoor grounds, owned or operated by the City, that contains any play or athletic equipment primarily used, or primarily intended to be used by, any person less than 18 years old.
means that if there exists multiple conflicting applicants who register to obtain a cannabis businesses of the same type, during the registration period, where the granting of a business license to one applicant would preclude another applicant from being granted a business license, the applicant who meets the criteria for preference who has submitted their initial application shall be considered for a business license prior to other applicants to whom granting a business license would conflict with their ability to obtain a business license. In a scenario where there are of multiple conflicting applicants, the applicant who meets the largest number of criteria for preference shall receive preference.
is defined to mean the legal parcel(s) of land and the improvements on it, including building(s), store(s), shop(s), apartment(s), or other designated structure. In the case of a parcel in an agricultural zone, premises is defined as the area inside of a building or other structure or the area surrounded by a fence that is dedicated to commercial cannabis activity. For a playground, premises is defined as the area containing the play or athletic equipment primarily used, or primarily intended to be used by, any person less than 18 years old. For a playground, measurements will be from the boundary of this area containing equipment.
as defined in Section 11362.7 of the Health and Safety Code.
means the manufacturing of a non-edible cannabis product, such as a cannabis concentrate, by a manufacturer.
is defined to mean a physical premises where product manufacturing occurs.
as defined in Section 11362.7 of the Health and Safety Code.
is the organization or entity engaging in retail sale and delivery of cannabis or cannabis products to customers, in compliance with the regulations for a State Retail License Type 10 (Retail), as specified in the California Business and Professions Code section 26050, subdivision (a)(18).
is defined as the person who is responsible for the operation, management, direction, or policy of a marijuana retailer, cultivator, manufacturer, or distributor.
is defined as a workforce that meets all of the following conditions:
All of the workers are either skilled journeypersons or apprentices registered in an apprenticeship program approved by the Chief of the Division of Apprenticeship Standards of the California Department of lndustrial Relations;
At least 60% of the skilled journeypersons by each contractor employed to perform work on the project are graduates of an apprenticeship program for the applicable occupation that was either approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the Federal Secretary of Labor.
For an apprenticeable occupation in which no apprenticeship program had been approved by the Chief of the Division of Apprenticeship Standards of the California Department of Industrial Relations before January 1, 1995, up to one half of the graduation percentage requirements of subsection (2) above may be satisfied by skilled journeypersons who commenced working in the apprenticeable occupation before the approval of an apprenticeship program for that occupation in the county in which the project is located by the Chief of the Division of Apprenticeship Standards of the California Department of lndustrial Relations.
An "apprenticeable occupation" means an occupation for which the Chief of the Division of Apprenticeship Standards of the California Department of Industrial Relations has approved an apprenticeship program pursuant to Section 3075 of the Labor Code before January 1, 2014. |
means a worker who either:
Graduated from an apprenticeship program for the applicable occupation that was approved by the chief pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the Federal Secretary of Labor; or
Has at least as many hours of on-the-job experience in an applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the Chief of the Division of Apprenticeship Standards of the California Department of Industrial Relations.
is defined as a day care center, playground, other retailer, or school. For purposes of this section, school means any public, or private, accredited institution of learning providing instruction in kindergarten or grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
(Ord. 2020-18)