For purposes of this article, the following definitions apply unless the context in which they are used clearly requires otherwise:
APPLICANT: A person or entity that submits an application for a non-storefront, delivery-only medical cannabis retail regulatory permit under this article.
DAY CARE CENTER: Has the same meaning as in Section 26001 of the Business and Professions Code. "Day care center" means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers, and child care centers licensed pursuant to Section 1596.951 of the Health and Safety Code.
FULLY ENCLOSED AND SECURE STRUCTURE: A space within a building or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. The fully enclosed and secure structure must have valid electrical, plumbing, and building permits, if required by other provisions of this code.
MEDICAL CANNABIS or MEDICAL CANNABIS PRODUCT or MEDICINAL CANNABIS or MEDICINAL CANNABIS PRODUCT: As defined in subdivision (ak) of Section 26001 of the Business and Professions Code, meaning cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.
MEDICINAL CANNABIS PATIENT: A qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician's recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
NON-STOREFRONT, DELIVERY-ONLY MEDICAL CANNABIS RETAIL OR RETAILER: A commercial operation that is closed to the public but delivers medical cannabis and/or medical cannabis products as part of retail sale transactions to customers at fixed locations in accordance with state law. No on-site sales, nor public access to commercial facilities or delivery vehicles, is permitted. Non-storefront, delivery-only medical cannabis retailers must be authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to State License: Type M-Type 9, Non-Storefront Retailer.
OWNER: Any of the following: a person with an aggregate ownership interest of 20 percent or more in the non-storefront, delivery-only medical cannabis retail business, unless the interest is solely a security, lien or encumbrance; or an individual who manages, directs, or controls the operations of the non-storefront, delivery-only medical cannabis retail business, including but not limited to:
A. A member of the board of directors of a nonprofit.
B. A general partner of a non-storefront, delivery-only medical cannabis retail business that is organized as a partnership.
C. A non-member manager or manager of a non-storefront, delivery-only medical cannabis retail 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 non-storefront, delivery-only medical cannabis retail business that is held in trust.
E. An individual with the authority to provide strategic direction and oversight for the overall operations of the non-storefront, delivery-only medical cannabis retail business, such as the chief executive officer, president or their equivalent, or an officer, director, vice president, general manager, or their equivalent.
F. An individual with the authority to execute contracts on behalf of the non-storefront, delivery-only medical cannabis retail business.
G. When an entity is an owner in a non-storefront, delivery-only medical cannabis retail business, all entities and individuals with a financial interest in the entity shall be disclosed to the City and may be considered owners of the non-storefront, delivery-only medical cannabis retail business. For example, this includes all entities in a multi-layer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees and all persons who have control of a trust and managing members or non-member managers of the entity. Each entity disclosed as having a financial interest must disclose the identities of persons holding financial interests until only individuals remain.
POSSESSION: To have, own, control, or possess.
PRIVATE RESIDENCE: A house, an apartment unit, a mobile home, or other similar dwelling that is lawfully permitted to be used as a residence.
STATE LICENSE: Any license required by the State of California for the operation of a non-storefront retailer providing delivery of medicinal cannabis (State License of the type: M-Type 9 Non-Storefront Retailer), including but not limited to licenses issued under Division 10 of the Business & Professions Code.
YOUTH CENTER: Means any of the following:
A. Public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to: (a) Private youth membership organizations or clubs, (b) Social service teenage club facilities, (c) Video arcades where ten (10) or more video games or game machines or devices are operated, and where minors are legally permitted to enter the arcade, (d) amusement park facilities, (e) any facility used for youth activities at least sixty percent (60%) of the time in a calendar year; (f) a park, playground or recreational area located on a public or private school grounds or in City, county, or state park specifically designed to be used by children or which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility. (Ord. 23-O-2881, 11-17-2023)