[Amended 7-15-2019 by Ord. No. 19-03]
For purposes of this chapter, these words and phrases shall be defined as follows:
ACTThe 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.
APPLICANTA person who is required to file an application for a permit under this chapter.
BUSINESS OWNERThe 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.
CANNABISShall 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 DISPENSARYAny 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 PRODUCTSCannabis 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.
CITYThe City of Firebaugh.
COLLECTIVE OR COOPERATIVE CULTIVATIONAn 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.
COMMERCIAL CANNABIS OPERATIONAny 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.
CULTIVATE OR CULTIVATIONShall 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.
DELIVERYShall 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 PERMITThe 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.
OPERATORThe business owner and any other person designated by the business owner as responsible for the day-to-day commercial cannabis operation.
ORDINANCEThe 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 CHIEFThe Police Chief of the City of Firebaugh or his or her designee.
PREMISES OR SITEThe 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 OWNERThe fee owner(s) of the premises where commercial cannabis operations are occurring.
PROPERTY OWNERThe title holder of real property within the City of Firebaugh.
RESPONSIBLE PARTYThe business owner, operator, manager(s), and any employee having significant control over the commercial cannabis operations.