Zoneomics Logo
search icon

Firebaugh City Zoning Code

§ 25-41.13.1.2

Definitions.

[Amended 7-15-2019 by Ord. No. 19-03]
For purposes of this chapter, these words and phrases shall be defined as follows:
ACT
The Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), including implementing regulations, as the Act and implementing regulations may be amended from time to time. Definitions in this section referencing provisions of the Act shall also include amendments to the Act.[1]
APPLICANT
A person who is required to file an application for a permit under this chapter.
BUSINESS OWNER
The owner(s) of the cannabis operations. "Owner" means any of the following:
a. 
A person with an aggregate ownership interest of 20% or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
b. 
The chief executive officer, president, and vice president of a nonprofit or other corporate entity.
c. 
A member of the board of directors of a nonprofit.
d. 
An individual who will be participating in the direction, control, or management of the entity or person applying for a license.
CANNABIS
Shall have the meaning set forth in California Business and Professions Code section 26001, subdivision (f). "Cannabis" and "marijuana" may be used interchangeably, but shall have the same meaning.
CANNABIS DISPENSARY OR DISPENSARY
Any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, transferred by, or transferred to more than two persons for sale or barter, including, but not limited to, all retail sales.
CANNABIS PRODUCTS
Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, cannabidiol (CBD), or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
CITY
The City of Firebaugh.
COLLECTIVE OR COOPERATIVE CULTIVATION
An association within California of qualified patients, persons with valid identification cards, and designated primary caregivers to cultivate cannabis for medical purposes as may have been allowed under the Compassionate Use Act of 1996, the "Medical Marijuana Program Act," or the California "Medical Cannabis Regulation and Safety Act" adopted on October 9, 2015 through legislative bills AB 243, AB 266, and SB 643.[2]
COMMERCIAL CANNABIS OPERATION
Any commercial cannabis activity, and all facilities and equipment that support that activity, as set forth in California Business and Professions Code section 26001, subdivision (k) and allowed under the Act, and as the Act and implementing regulations may be amended from time to time.
COMMERCIAL CANNABIS REGULATORY PERMIT OR REGULATORY PERMIT
The permit required under this chapter to operate a commercial cannabis operation within the City of Firebaugh boundaries.
CULTIVATE OR CULTIVATION
Shall have the meaning set forth in California Business and Professions Code Section 26001, subdivision (l) and shall also include the storage of one or more cannabis plants or any part thereof in any location.
DELIVERY
Shall have the meaning set forth in California Business and Professions Code Section 26001, subdivision (p), shall also include mobile dispensaries, as defined above, retail cannabis sales at any location other than a permitted commercial cannabis operation under this § 25-41.13, and any technological platform that enables persons to arrange or facilitate the transfer of cannabis.
EMPLOYEE PERMIT
The permit required under this § 25-41.13 for every employee or independent contractor working at a commercial cannabis operation or involved in transportation/delivery-related services for a commercial cannabis operation, other than solely as a vender or a certificated common carrier.
MEDICINAL CANNABIS OR MEDICAL CANNABIS USE
The use of cannabis for the purposes set forth in California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
OPERATOR
The business owner and any other person designated by the business owner as responsible for the day-to-day commercial cannabis operation.
ORDINANCE
The ordinance enacting this § 25-41.13 and including the terms of this and related sections, which may be commonly referred to as the City's "Cannabis Control Ordinance."
POLICE CHIEF
The Police Chief of the City of Firebaugh or his or her designee.
PREMISES OR SITE
The designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or permittee where the commercial cannabis operation will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one permittee.
PREMISES OWNER
The fee owner(s) of the premises where commercial cannabis operations are occurring.
PRIMARY CAREGIVER
Shall have the same definition as set forth in California Health and Safety Code Sections 11362.5 and 11362.7, et seq.
PROPERTY OWNER
The title holder of real property within the City of Firebaugh.
QUALIFIED PATIENT
Shall have the same definition as set forth in California Health and Safety Code Sections 11362.5 and 11362.7, et seq.
RECREATIONAL CANNABIS, RECREATIONAL CANNABIS USE, OR ADULT USE CANNABIS
All uses of cannabis not included within the definition of medicinal cannabis use.
RESPONSIBLE PARTY
The business owner, operator, manager(s), and any employee having significant control over the commercial cannabis operations.
[1]
Editor's Note: See Business and Professions Code § 26000 et seq.
[2]
Editor's Note: See Health and Safety Code §§ 11362.5 and 11362.775, and Business and Professions Code § 205.1, respectively.