5.36.020 Definitions.
   Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter. Unless the context otherwise clearly indicates, words used in the singular include the plural and words used in the plural includes the singular.
   "A-License" means a state license for commercial cannabis activity related to cannabis products for individuals 21 years of age and over without the need for a physician's recommendation.
   "Applicant" means the owner or owners applying for a commercial cannabis permit pursuant to this chapter.
   "Backflow preventer" means a device approved by the General Manager that is designed to keep the undesirable reversal of flow of a liquid, gas, or suspended solid into the city's potable water supply.
   "Cannabis" means all parts of the 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. For the purpose of this definition, "cannabis" does not mean or include industrial hemp.
   "Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter. "Cannabis concentrate" does not include any product intended for oral ingestion by the final consumer. A cannabis concentrate is not considered food, as defined by Health and Safety Code § 109935, or drug, as defined by Health and Safety Code § 109925.
   "Cannabis product" means cannabis that has undergone a process whereby the plant material has been concentrated and, with or without the addition of ingredients, been transformed into a product for sale. Cannabis products include but are not limited to: cannabis concentrate, edible cannabis products, topical cannabis, or an inhalant containing cannabis or cannabis product.
   "Cannabis waste" means waste that is not hazardous waste which contains cannabis and that has been made unusable and unrecognizable in the manner required by the state cannabis laws.
   "City Attorney" means the City Attorney of the City of Corona, or his/her designee.
   "City Manager" means the City Manager of the City of Corona, or his/her designee.
   "Commercial cannabis activity" means the commercial possession, furnishing, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products.
   "Commercial cannabis business" means any person lawfully engaged in a commercial cannabis activity, which may include businesses operating with an A-License, a M-License or both.
   "Commercial cannabis operational agreement" means an agreement entered into by and between the city and the owner(s) of a commercial cannabis business setting forth the terms and conditions under which the commercial cannabis business shall operate, in addition to the requirements of this chapter, the state cannabis laws and all other applicable state and local laws, rules and regulations, and such other terms and conditions that will protect and promote the public health, safety and welfare.
   "Commercial cannabis permit" means the regulatory permit issued by the city pursuant to this chapter that authorizes the permittee to operate a commercial cannabis business or engage in a commercial cannabis activity within the city.
   "Community Development Director" means the Community Development Director of the City of Corona, or his/her designee.
   "Convicted" means a plea or verdict of guilty or a conviction following entry of a plea of no contest, but does not include any plea, verdict or conviction that is expunged pursuant to state or federal law.
   "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis or industrial hemp, other than for personal use as allowed by state law pursuant to the authority described in § 5.36.240(G).
   "Day" or "days" means calendar day(s).
   "Day care center" has the same meaning as in California Health and Safety Code § 1596.76, as presently adopted or further amended.
   "Delivery" means the commercial transfer of cannabis or cannabis products from a storefront or non-storefront retailer premises to a customer at a physical address. "Delivery" also includes the use by a storefront retailer or a non-storefront retailer of any technology platform to facilitate delivery.
   "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between commercial cannabis businesses.
   "Distributor" means a person engaged in distribution.
   "DWP General Manager" means the General Manager of the Department of Water and Power for the City of Corona, or his/her designee.
   "Edible cannabis product" means a cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in California Food and Agricultural Code Division 15 (commencing with § 32501). An edible cannabis product is not considered food, as defined by § 109935 of the Health and Safety Code, or a drug, as defined by § 109925 of the Health and Safety Code.
   "Fire code official" means the person designated by the Fire Chief pursuant to the California Fire Code and Chapter 15.12 of this code who is charged with the administration and enforcement of the fire code.
   "Financial interest" has the same meaning as § 5004 of Division 42 of Title 16 of the California Code of Regulations, as presently adopted or further amended.
   "Hazardous waste" means waste that meets the criteria described in California Public Resources Code § 40191, as presently adopted or further amended.
   "Industrial hemp" means a crop that is limited to types of the plant Cannabis sativa L. having no more than 0.3% 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.
   "Labor peace agreement" means an agreement between a permittee and any bona fide labor organization that is required by state cannabis laws and this chapter and that, at a minimum, protects public interests with the following provisions: (1) a prohibition on labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with a permittee's commercial cannabis business; (2) an agreement by the permittee not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the permittee's employees; access for a bona fide labor organization at reasonable times to areas in which the permittee's employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.
   "Limited-access area" means an area in which cannabis and cannabis products are stored or held and is only accessible to a permittee and its employees and authorized persons.
   "M-License" means a state license for commercial cannabis activity involving medicinal cannabis for individuals 18 years of age and over with a physician's recommendation.
   "Manager" means any individual person(s) designated by a commercial cannabis business to manage day-to-day operations of the commercial cannabis business or any person acting with apparent management authority. Evidence of management authority includes, but is not limited to, evidence that the person has the power to direct, supervise, or hire and dismiss employees or volunteers, control hours of operation, create policy rules, or purchase supplies.
   "Manufacture" or "manufacturing" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
   "Manufacturer" means a person engaged in manufacturing.
   "Medicinal cannabis" means cannabis or a cannabis product for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at California Health and Safety Code § 11362.5, by a medicinal cannabis patient in California who possesses a physician's recommendation.
   "Microbusiness" means a person engaged in manufacturing, distribution and the retail sale of cannabis on the same premises.
   "Minor" means an individual under 18 years of age.
   "Non-storefront retailer" means a person that offers cannabis, cannabis products, or devices for the use of cannabis or cannabis products, either individually or in any combination, for retail sale to customers exclusively by delivery.
   "Non-storefront retail microbusiness" means a microbusiness that includes a non-storefront retailer as a component of the business.
   "Officer" means any of the following:
      (1)   The chief executive officer of an entity engaged in a commercial cannabis business.
      (2)   A member of the board of directors of an entity engaged in a commercial cannabis business.
      (3)   A person participating in the direction or control of an applicant for a commercial cannabis permit or any owner of a commercial cannabis business within the city.
   "Owner" means any of the following:
      (1)   A person with an aggregate ownership interest of 20% or more in the person applying for a license or licensee, unless the interest is solely a security, lien, or encumbrance.
      (2)   The chief executive officer of a nonprofit or other entity.
      (3)   An individual who will be participating in the direction, control, or management of the person applying for a license.
   "Permittee" means any person who has been issued a commercial cannabis permit pursuant to this chapter.
   "Permittee representative" means any owner, officer, manager or employee of a commercial cannabis business.
   "Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of persons acting as a unit.
   "Police Chief" means the Chief of the Corona Police Department, or his/her designee.
   "Premises" means the designated structure or structures and land, or portions thereof, specified in an application for a commercial cannabis permit or, if a commercial cannabis permit is issued, that is owned, leased, or otherwise held under the control of the permittee, and is designated as the structure or structures and land, or portions thereof, where the commercial cannabis business will be or is operated.
   "Private parks" means privately owned outdoor premises, available for community use, containing recreational areas or playground equipment, including tot-lots, swings, or similar equipment, designed for use by minors. Where a private park is located within a parcel containing other uses, the private park premises shall be defined as the area within which all recreational areas or playground equipment designed for use by minors is contained.
   "Public parks" means outdoor premises containing existing or proposed parks, including community parks, neighborhood parks, mini-parks, and urban parks that are currently or proposed to be owned or operated by the city or other governmental agency.
   "Residential zone" means an A, A-14.4, R-1A, R-20.0, R-12.0, R-1-9.6, R-1.8.4, R-1-7.2, R-1-14.4, R-2, R-3, R-3-C, R-G or MP zone, a residential land use adopted by a specific plan, or an equivalent residential zone, in each case within which residential uses are allowed by right. The term "residential zone" does not include mixed-use zones established by a specific plan that permit residential uses.
   "Retail area" means a building, room, or other area on the premises of a storefront retailer or storefront retail microbusiness that is open to the public and upon which the permittee is authorized to engage in the retail sale of cannabis or cannabis products.
   "Retailer" means a person engaged in the retail sale of cannabis and/or cannabis products directly to a consumer. Retailer shall include storefront retailer and non-storefront retailer.
   "Sell" and "sale" mean any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same.
   "State" means the State of California.
   "State cannabis laws" means the laws of the State of California, as presently adopted or further amended, which include, but are not limited to, California Health and Safety Code § 11000 et seq.; California Health and Safety §§ 11362.1 through 11362.45; California Health and Safety Code § 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code § 11362.7 et seq. (Medical Marijuana Program); California Health and Safety Code § 26000 et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")), as such laws may be amended from time to time; the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code § 147.5; California Revenue and Taxation Code §§ 31020 and 34010 through 34021.5; California Fish and Game Code § 12029; California Water Code § 13276; all state regulations adopted pursuant to MAUCRSA; and all other applicable laws of the State of California, as presently adopted or further amended.
   "State license" means a license issued by the State of California, or one (1) of its departments or divisions, under the state cannabis laws to engage in commercial cannabis activity.
   "Storefront retail microbusiness" means a microbusiness that includes a storefront retailer as a component of the business.
   "Storefront retailer" means a person that offers cannabis, cannabis products, or devices for the use thereof, either individually or in any combination, for retail sale to customers exclusively at premises providing access to the public.
   "Testing laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:
      (1)   Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and
      (2)   Licensed by the state.
   "Topical cannabis" means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by California Health and Safety Code § 109925.
   "Track and trace system" means the program used statewide to record the inventory and movement of cannabis and cannabis products through the commercial cannabis supply chain — from seed to sale.
   "Transfer" means to sell, transfer, pledge, assign, grant an option, or otherwise dispose of a commercial cannabis business or a commercial cannabis permit. The transfer, or attempted transfer, of all or any portion of a permitted commercial cannabis business shall constitute the transfer, or attempted transfer, of the underlying commercial cannabis permit.
   "Transport" means transfer of cannabis or cannabis products from the premises of one commercial cannabis business to the premises of another commercial cannabis business, for the purposes of conducting commercial cannabis activity authorized by the state cannabis laws and this chapter.
   "Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, a game arcade (as defined in Section 17.04.268 of this Code) where minors are legally permitted to accept services, or similar amusement park facilities. Notwithstanding the foregoing, this definition shall not include any private gym, private athletic training facility, any private studio at which instruction is provided in gymnastics, martial arts, yoga, ballet, music, art, or similar recreational activities, or a location which is primarily utilized as an administrative office or administrative facility for youth programs or organizations.
(Ord. 3327 §§ 2, 3, 2021; Ord. 3321 § 3, 2020)