For purposes of this chapter, the following definitions shall apply:
"A-license"means a license issued by the state of California for the sale of cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician's recommendation.
"Applicant"means a person who is required to file an application for a permit or license under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a retail establishment or dispensary.
"AUMA"refers to the California law entitled "Control, Regulate and Tax Adult Use of Marijuana Act of 2016," also known as Proposition 64, and any regulations promulgated thereunder.
"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. The terms "cannabis" and "marijuana" may be used interchangeably herein, and both shall have the meaning specified here.
"Cannabis business owner"means any of the following:
(a) Each person or entity having an ownership interest in a commercial cannabis business other than a security interest, lien, or encumbrance on property that will be used by the commercial cannabis business.
(b) Each person or entity applying for a commercial cannabis license, or having an ownership interest in an entity applying for a commercial cannabis license, in the city of Willows.
(c) The chief executive officer of a nonprofit or other entity, or any person or entity with an aggregate ownership interest of five percent or more in such entity.
(d) A member of the board of directors of a nonprofit or other entity.
(e) Each person who participates in the direction, control, or management of the commercial cannabis business.
"Cannabis product"means marijuana or 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 marijuana and other ingredients.
"Caregiver"shall have the same meaning as "primary caregiver."
"Church"means a structure or leased portion of a structure which is used primarily for religious worship and related religious activities.
"City"means the city of Willows.
"Commercial cannabis activity"includes cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, research and development, delivery or sale of cannabis or cannabis products for commercial purposes, whether for profit or nonprofit.
"Cultivation"means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of cannabis.
"Cultivation site"means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
"Customer"means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physician's recommendation, or a primary caregiver.
"Deliver" or "delivery"shall have the same meaning as set forth in Business and Professions Code Section
26001 and Health and Safety Code Section
11009. "Deliver" or "delivery" as used in this chapter shall not include the transfer of cannabis to a patient by a primary caregiver, or the transfer of bulk cannabis or cannabis product by a transporter to or from a licensed dispensary or retail business for resale.
"Dispensary"means a retail establishment, facility or location holding an Mlicense issued by the state of California where the primary purpose is to dispense medical cannabis or medical cannabis products. A "dispensary" shall not include dispensing of medical cannabis by primary caregivers to qualified patients in the following locations and uses, as long as the location of such uses is otherwise regulated by this code or applicable law: a qualified patient's or caregiver's place of residence, a clinic licensed pursuant to Health and Safety Code Division 2, Chapter
1, a health care facility licensed pursuant to Health and Safety Code Division 2, Chapter
2, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Health and Safety Code Division 2, Chapter
3.01, a residential care facility for the elderly licensed pursuant to Health and Safety Code Division 2, Chapter
3.2, a residential hospice, or a home health agency licensed pursuant to Health and Safety Code Division 2, Chapter
8, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section
11362.5 et seq.
"License"means an authorization issued by the city of Willows, subject to all terms and conditions under which such license may be issued, authorizing a licensee to engage in the retail business of selling medical or nonmedical cannabis and cannabis products at a specified location within the city.
"Licensee"means any person or entity holding a license to sell medical or nonmedical cannabis and cannabis products in the city under this chapter.
"M-license"means a state of California license issued for commercial cannabis activity involving medicinal cannabis and cannabis products.
"Manufacture"means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
"Marijuana"as used in this chapter shall have the same meaning as "cannabis" set forth in this section.
"MAUCRSA"means the Medicinal and Adult-Use Cannabis Regulation and Safety Act of 2017.
"MCRSA"refers to the California law entitled Medical Cannabis Regulation and Safety Act.
"Medicinal or medical cannabis" or "medicinal or medical cannabis product"means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Health and Safety Code Section
11362.5, by a medicinal cannabis patient in California who possesses an identification card issued by the California Department of Public Health, Glenn County department of public health, or a physician's recommendation.
"Owner"means the title holder to a parcel of real estate.
"Permit"refers to an authorization issued by the city to a person as described in Article III to cultivate cannabis for personal use.
"Permittee"means any natural person holding a permit issued by the city to engage in cultivation of not more than six cannabis plants in accordance with Article III.
"Person"includes any individual, firm, partnership, joint venture, association, corporation, collective, 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.
"Physician's recommendation"means a recommendation by a physician and surgeon that a patient may use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Health and Safety Code Section
11362.5.
"Premises"means the designated structure or structures and land specified in an 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. "Premises" shall also mean the designated residence structure or structures and land specified in an application where the applicant cultivates cannabis for his or her personal use.
"Primary caregiver"has the same meaning as in Health and Safety Code Section
11362.7 and who holds a valid caregiver identification card issued by the California Department of Health or the Glenn County department of public health.
"Purchaser"means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.
"Retail"means the sale of either medical or nonmedical cannabis or cannabis products to the public in relatively small quantities for use or consumption rather than for resale.
"School"means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the
California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or a special institution of learning under the jurisdiction of the State Department of Education, or a site that is planned for such school uses in the city's general plan, but it does not include a vocational or professional institution or any institution of higher education, including a community or junior college, college or university.
"Sell,""sale," and "to sell" include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another in exchange for payment.
"Youth-oriented facility"shall mean elementary school, middle school, high school, public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. This shall not include a licensed daycare or preschool facility that provides supervision of eight or fewer minor children, or children under 10 years of age.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)