All definitions pertaining to cannabis regulation that appear in Cal. Business and Professions Code § 26001, as codified by Senate Bill 94, the MAUCRSA of 2017, are hereby incorporated by reference. Definitions appearing in this chapter are either those that are not covered by state law, pre-date Proposition 64 and the MAUCRSA, or are outside the scope of Cal. Business and Professions Code § 26001.
APPLICANT. A person or entity that submits an application for a cannabis business permit under this chapter.
BUREAU. The Bureau of Cannabis Control with the California Department of Consumer Affairs, or its successor the Department of Cannabis Control which becomes effective July 1, 2021.
CANNABIS. Shall have the same meaning as that appearing in Cal. Business and Professions Code § 26001(f).
CANOPY. Shall have the same meaning as that appearing in Title 3, § 8000(f) of the Cal. Code of Regulations.
CAREGIVER or PRIMARY CAREGIVER. Has the same meaning as that term is defined in Cal. Health and Safety Code § 11362.7.
CITY. The City of Madera, California.
CITY MANAGER. The City of Madera City Manager or his or her designee.
COMMERCIAL CANNABIS BUSINESS. Any business or operation which engages in medicinal or adult-use commercial cannabis activity.
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 commercial cannabis business 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.
DISPENSING. Any activity involving the retail sale of cannabis or cannabis products from a retailer.
DISTRIBUTOR. Shall have the same meaning as that appearing in § 26070 of the Cal. Business and Professions Code.
LIMITED-ACCESS AREA. An area in which cannabis is stored or held and is only accessible to a permittee and authorized personnel.
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.
MANUFACTURING SITE. A location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid cannabis business permit for manufacturing from the City of Madera and a valid state license as required for manufacturing of cannabis products.
MICROBUSINESS. Has the same meaning as that contained in § 26070(a)(3) of the Cal. Business and Professions Code.
NON-RETAILER BUSINESS. A wholesale business which includes cultivation, manufacturing, distribution, and testing labs.
NON-STOREFRONT RETAILER. A subset of RETAILER and is a licensed 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.
NON-VOLATILE SOLVENT. Any solvent used in the extraction process that is not a volatile solvent as defined by state law. For purposes of this chapter, a non-volatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post-extraction processing.
OWNER. Any of the following:
(1) A person with an aggregate ownership interest of 10% or more in the person applying for a license or a licensee, unless the interest is solely a security, lien or encumbrance.
(2) The manager of a nonprofit or other entity.
(3) A member of the board of directors of a nonprofit.
(4) An individual who will be participating in the direction, control, or management of the person applying for a license. Such an individual includes any of the following:
(a) A general partner of a commercial cannabis business that is organized as a partnership.
(b) A non-member manager or manager of a commercial cannabis business that is organized as a limited liability company.
(c) An officer or director of a commercial cannabis business that is organized as a corporation.
(d) An individual entitled to a share of at least 10% of the profits of the commercial cannabis business.
(5) Any individual who assumes responsibility for the license.
(6) 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 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.
PACKAGE. Any container or receptacle used for holding cannabis or cannabis products.
PATIENT or QUALIFIED PATIENT. Shall have the same meaning as that contained in Cal. Health and Safety Code §§ 11362.7 et seq., as it may be amended, and which includes within its definition a person who is entitled to the protections of Cal. Health and Safety Code § 11362.22.
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.
PERSON WITH AN IDENTIFICATION CARD. Shall have the same meaning as that contained in Cal. Health and Safety Code § 11362.7.
PROCESSING. A cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and non-manufactured cannabis products.
RETAILER or STOREFRONT RETAILER. Shall have the same meaning as that contained in Cal. Business and Professions Code § 26070(a)(1).
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 permit or other authorization issued by a local jurisdiction.
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 Cal. Health and Safety Code § 109925.
TRANSPORT. The transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting cannabis activity authorized by the MAUCRSA which may be amended or repealed by any subsequent related State of California legislation. Transport can only be performed by licensed distributors and does not include deliveries of cannabis or cannabis products.
VERTICAL INTEGRATION. A cannabis business that will hold a minimum of three non-retail cannabis permit which includes manufacturing, distribution, and at least one cultivation license which shall cultivate at least 20,000 square feet of canopy in the city. A vertical integrated business may also be eligible to operate a retail or non-storefront retail business upon evidence of actual operation of at least three non-retail cannabis permit in the city.
VOLATILE SOLVENT. A solvent as defined by Health and Safety Code § 11362.3(b)(3) as of the effective date of this chapter and as subsequently amended.
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 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. 977 C.S., passed 6-16-21)