For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. A person or entity that submits an application for a cannabis business permit under this chapter.
CANNABIS. Shall have the same meaning as that appearing in Business and Professions Code Section 26001(e).
CANNABIS PRODUCTS. Shall have the same meaning as that appearing in Business and Professions Code Section 26001(h).
CITY. The City of Indio, California.
CITY MANAGER. The City of Indio City Manager or his or her designee.
COMMERCIAL CANNABIS BUSINESS OR CANNABIS BUSINESS. Any business or operation which engages in medicinal or adult-use commercial cannabis activity authorized by this chapter.
CANNABIS BUSINESS PERMIT. A regulatory permit issued by the city pursuant to this chapter, to a commercial cannabis business and is required before any commercial cannabis activity may be conducted in the city. The initial permit and annual renewal of a permit is made expressly contingent upon the business' ongoing compliance with all of the requirements of this chapter and any regulations adopted by the city governing the commercial cannabis activity at issue.
CANNABIS BUSINESS PERMITTEE OR PERMITTEE. A person or entity that has received a cannabis business permit from the city as authorized under this chapter
DELIVERY. Shall have the same meaning as that appearing in Business and Professions Code Section 26001(o).
DISPENSING. Any activity involving the retail sale of cannabis or cannabis products from a retailer.
LIMITED-ACCESS AREA. An area in which cannabis is stored or held and is only accessible to a permittee and authorized personnel.
MEDICINAL CANNABIS OR MEDICINAL CANNABIS PRODUCT. Shall have the same meaning as that appearing in Business and Professions Code Section 26001(ai).
NON-STOREFRONT RETAILER. A subset of RETAILER and is a permitted retail business that is closed to the public and provides product to customers solely by means of a delivery service which the retailer owns and controls.
OWNER. Any of the following:
(1) A person with an aggregate ownership interest of 10% or more in the commercial cannabis business, unless the interest is solely a security, lien or encumbrance.
(2) An individual who manages, directs, or controls the operations of the commercial cannabis business, including but not limited to:
(a) A member of the board of directors of a nonprofit.
(b) A general partner of a commercial cannabis business that is organized as a partnership.
(c) A non-member manager or manager of a commercial cannabis 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 commercial cannabis business that is held in trust.
(e) An individual with the authority to provide strategic direction and oversight for the overall operations of the commercial cannabis 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 commercial cannabis business.
(g) When an entity is an owner in a commercial cannabis 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 commercial cannabis business. For example, this includes all entities in a multilayer 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.
PACKAGE. Any container or receptacle used for holding cannabis or cannabis products.
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.
PHYSICIAN'S RECOMMENDATION. Shall have the same meaning as that appearing in Business and Professions Code Section 26001(ap).
PREMISES. All have the same meaning as that appearing in Business and Professions Code Section 26001(aq).
RETAILER OR STOREFRONT RETAILER. Shall have the same meaning as that contained in Section 26070(a)(1) of the California Business and Professions Code.
STATE LICENSE. A permit or license issued by the State of California, or one of its departments or divisions, under the MAUCRSA and any subsequent related State of California legislation, to engage in cannabis activity. A state license alone will not authorize the holder to operate a cannabis business, as state law also requires a license or other authorization issued by a local jurisdiction.
YOUTH CENTER. Any:
(1) 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 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or
(d) Similar amusement park facilities, and
(e) Must be used for youth activities at least 60% of the time in a calendar year.
(2) It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county, or state parks.
(3) This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.
(Ord. 1780, passed 6-1-22)