When used in this Chapter, the following words shall have the meanings ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder, and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
A-LICENSE. A license issued by the State of California under MAUCRSA for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess a physician's recommendation.
APPLICANT. Applicant shall include any person applying for a Commercial Cannabis Business Permit under this Chapter, including any officer, director, partner, or other duly authorized representative applying on behalf of an entity.
BUSINESS TAX CERTIFICATE. The certificate issued by the City's Revenue Division after payment of the business tax fee as set forth in Chapter 11.01 of the City of Culver City Municipal Code.
CANNABIS. Except as specified herein, 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 Chapter, "cannabis" does not mean "industrial hemp" as defined by § 11018.5 of the California Health and Safety Code.
CANNABIS CONCENTRATE. 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. A cannabis concentrate is not considered food, as defined by Section 109935 of the California Health and Safety Code, or drug, as defined by Section 109925 of the California Health and Safety Code.
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, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
CANOPY. All areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site.
CAREGIVER OR PRIMARY CAREGIVER. Has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code.
CHIEF OF POLICE. The Chief of the Culver City Police Department, including his or her designee.
CITY. The City of Culver City, California.
CITY MANAGER. City Manager of the City of Culver City, including his or her designee.
CODE. The Culver City Municipal Code.
COMMERCIAL CANNABIS ACTIVITY. Activities that include the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in MAUCRSA and its related or successor laws and regulations.
COMMERCIAL CANNABIS BUSINESS. Any business or operation which engages in medicinal or adult-use commercial cannabis activity.
COMMERCIAL CANNABIS BUSINESS PERMIT. The regulatory permit issued by the City pursuant to this Chapter, to a commercial cannabis business, which is required before any commercial cannabis activity may be conducted in the City.
COMMUNITY DEVELOPMENT DIRECTOR. The Director of the City's Community Development Department, including his or her designee.
CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
CUSTOMER. A natural person twenty-one (21) years of age or older; or, a natural person eighteen (18) years of age or older who possesses a physician's recommendation, or a primary caregiver.
DAY CARE CENTER. Day care center has the same meaning as in § 1596.76 of the California Health and Safety Code.
DELIVERY. The commercial transfer of cannabis or cannabis products to a customer. Delivery also includes the use by a retailer of any technology platform.
DISPENSING. Any activity involving the retail sale of cannabis or cannabis products from a retailer.
DISTRIBUTION. The procurement, sale, and transport of cannabis and cannabis products between licensees.
DISTRIBUTOR. A person holding a valid Commercial Cannabis Business Permit for distribution issued by the City of Culver City, and, a valid state license for distribution.
EDIBLE CANNABIS PRODUCT. Cannabis product that is intended to be used, in whole or in part, for human consumption, and is not considered food. Edible cannabis product has the same meaning as § 26001 of the California Business and Professions Code.
EMPLOYEE. Each person who renders any service, with or without compensation, for the owner, permittee, or agent of either an owner or permittee of a commercial cannabis business. For purposes of this Chapter, the term employee shall include part-time, full-time, temporary, or permanent employees.
FIRE CHIEF. The Chief of the Culver City Fire Department, including his or her designee.
LICENSE OR STATE LICENSE. A permit or license issued by the State of California, or one of its departments or divisions, under MAUCRSA and any subsequent State of California legislation regarding the same, to engage in commercial cannabis activity.
LICENSEE. Any person holding a license issued by the State of California to conduct commercial cannabis business activities.
LIVE PLANTS. Living cannabis flowers and plants including seeds, immature plants, and vegetative stage plants.
MANAGER. Any person(s) designated by the commercial cannabis business to act as the representative or agent of the commercial cannabis business in managing day-to-day operations with corresponding liabilities and responsibilities, and/or the individual in apparent charge of the premises where the commercial cannabis business is located. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct, supervise, or hire and dismiss Employees, controls hours of operations, creates policy rules, or purchases supplies.
M-LICENSE. A license issued by the state of California under MAUCRSA for commercial cannabis activity involving medicinal cannabis.
MANUFACTURE. To compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
MANUFACTURED CANNABIS. Raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application.
MANUFACTURER. A licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or container. A manufacturer may also be a person that infuses cannabis in its products but does not perform its own extraction.
MEDICINAL CANNABIS OR MEDICINAL CANNABIS PRODUCT. Cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at § 11362.5 of the California Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.
OWNER. Any of the following:
(1) An entity or individual with an aggregate ownership interest of ten percent (10%) or more in the applicant or permittee, whether a partner, shareholder, member, or the like, unless the interest is solely a security, lien, or encumbrance.
(2) The chief executive officer of a nonprofit or other entity.
(3) A member of the board of directors of a nonprofit.
PARK AND PLAYGROUND. Public parks, play lots, playgrounds, and athletic fields for non-commercial or private neighborhood or community use, including tennis courts. Does not include parkways, golf courses, country clubs, private sport courts or play structures accessory to a single-family dwelling.
PATIENT OR QUALIFIED PATIENT. The same definition as §§ 11362.7 et seq. of the California Health and Safety Code, as it may be amended, and which means a person who is entitled to the protections of § 11362.5 of the California Health & Safety Code.
PERMIT ADMINISTRATOR. The Chief Financial Officer of the City, or his/her designee.
PERMITTEE. Any person to whom a current and valid City-issued Commercial Cannabis Business Permit has been issued.
PERSON. Any individual, firm, partnership, joint venture, association, corporation, 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.
PREMISES. 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 activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one permittee.
PURCHASER. The customer who is engaged in a transaction with a permittee for purposes of obtaining cannabis or cannabis products.
RESPONSIBLE PERSON. All owners and operators of a commercial cannabis business, including the permittee and all officers, directors, managers, or partners, and all persons with authority, including apparent authority, over the premises of the commercial cannabis business.
RETAILER-STOREFRONT. A storefront retailer is a commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale to customers at an on-site fixed location, including an establishment that also offers delivery of cannabis and cannabis products as part of a retail sale, in addition to on-site sales, and where the permittee holds a valid Commercial Cannabis Business Permit authorizing the operation of a retailer, and a valid state license as required by state law to operate a retailer.
RETAILER-DELIVERY ONLY. A delivery only retailer is a commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale to customers, where the premises are closed to the public and sales are conducted exclusively by delivery, where a vehicle is used to convey the cannabis or cannabis products to the customer from a fixed location, and where the permittee holds a valid Commercial Cannabis Business Permit authorizing the operation of a retailer, and a valid state license as required by state law to operate a retailer.
SELL, SALE, AND TO SELL. Includes any transaction whereby, for any consideration, title to cannabis or cannabis products are 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, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
STATE CANNABIS LAWS. Laws of the State of California, which include California Health and Safety Code §§ 11362.1 through 11362.45; California Health and Safety Code § 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code §§ 11362.7 to 11362.83 (Medical Marijuana Program); California Health and Safety Code §§ 26000 through 26211 (Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")); California Health and Safety Code §§ 26220 through 26231.2; 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.
TESTING LABORATORY. 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.
(2) Licensed by the State of California.
TOPICAL CANNABIS. A product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by § 109925 of the California Health and Safety Code.
YOUTH CENTER. The same meaning as in § 11353.1 of the California Health and Safety Code.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))