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: Means a State license issued by the Bureau of Cannabis Regulation for cannabis or cannabis products that are intended for adults twenty one (21) years of age and over and who do not possess physician's recommendations.
A-LICENSEE: Means any person holding a license under this chapter for cannabis or cannabis products that are intended for adults twenty one (21) years of age and over and who do not possess physician's recommendations.
APPLICANT: Means an owner applying for a City license pursuant to this chapter.
BATCH: Means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:
(A) "Harvest batch" means a specifically identified quantity of dried flower or trim, leaves, and other cannabis plant matter that is uniform in strain, harvested at the same time, and, if applicable, cultivated using the same pesticides and other agricultural chemicals and harvested at the same time.
(B) "Manufactured cannabis batch" means either of the following:
1. An amount of cannabis concentrates or extract that is produced in one production cycle using the same extraction methods and standard operating procedures.
2. An amount of a type of manufactured cannabis produced in one production cycle using the same formulation and standard operating procedures.
BUREAU: Means the Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation.
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 chapter, "cannabis" does not mean "industrial hemp" as defined by section 11018.5 of the Health and Safety Code.
CANNABIS ACCESSORIES: Has the same meaning as in section 11018.2 of the Health and Safety Code.
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 definition. A cannabis concentrate is not considered food, as defined by section 109935 of the Health and Safety Code, or drug, as defined by section 109925 of the Health and Safety Code.
CANNABIS INNOVATION ZONE: Is defined as a park or campus which is one contiguous commercial area of land which has many cannabis related businesses grouped together. Each individual business would be clearly defined, which has a unique entrance and immovable physical barriers between uniquely licensed premises.
CANNABIS PRODUCT: Means a product containing cannabis or cannabis, including, but not limited to, manufactured cannabis, intended to be sold for use by cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at section 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time) or pursuant to the Adult Use of Cannabis Act. For purposes of this chapter, "cannabis" does not include industrial hemp as defined by section 81000 of the California Food and Agricultural Code or section 11018.5 of the California Health and Safety Code.
CANNABIS PRODUCTS: Has the same meaning as in section 11018.1 of the Health and Safety Code.
CANOPY: Means the designated area(s) at a licensed premises, except nurseries that will contain mature plants at any point in time.
(A) Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all areas(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries;
(B) Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary which include, but are not limited to: interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds or garden plots; and if mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.
CAREGIVER OR PRIMARY CAREGIVER: Has the same meaning as that term is defined in section 11362.7 of the California Health and Safety Code.
CHILD RESISTANT: Means designed or constructed to be significantly difficult for children under five (5) years of age to open, and not difficult for normal adults to use properly.
CITY: Means the City of Placerville, a General Law City.
COMMERCIAL CANNABIS ACTIVITY: Includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in this chapter.
COMMERCIAL CANNABIS BUSINESS: Means any business or operation which engages in medicinal or adult-use commercial cannabis activity.
COMMERCIAL CANNABIS BUSINESS PERMIT: Means a regulatory permit issued by the City of Placerville 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 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.
CULTIVATION: Means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
CULTIVATION SITE: Means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
CUSTOMER: Means a natural person twenty one (21) years of age or over, or a natural person eighteen (18) years of age or older who possesses a physician's recommendation, or a medical marijuana identification card.
DAY CARE CENTER: Has the same meaning as in section 1596.76 of the Health and Safety Code.
DELIVERY: Means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.
DIRECTOR: Means the Director of Consumer Affairs.
DISPENSING: Means any activity involving the retail sale of cannabis or cannabis products from a retailer.
DISTRIBUTION: Means the procurement, sale, and transport of cannabis and cannabis products between licensees.
DISTRIBUTOR: Means a person holding a valid commercial cannabis business permit for distribution issued by the City of Placerville, and, a valid State license for distribution, required by State law to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a licensed manufacturer, for sale to a licensed retailer.
DRIED FLOWER: Means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
EDIBLE CANNABIS PRODUCT: Means 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 division 15 (commencing with section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by section 109935 of the Health and Safety Code, or a drug, as defined by section 109925 of the Health and Safety Code.
FUND: Means the Cannabis Control Fund established pursuant to section 26210 of the Business and Professions Code.
KIND: Means applicable type or designation regarding a particular cannabis variant or cannabis product type, including, but not limited to, strain name or other grower trademark, or growing area designation.
LABELING: Means any label or other written, printed, or graphic matter upon a cannabis product, upon its container.
LABOR PEACE AGREEMENT: Means an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the State's proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicant's business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent the applicant's employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicant'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.
LICENSE: Means a State license issued by the State and includes both an A-license and an M-license, as well as a testing laboratory license.
LICENSEE: Means any person holding a license under this chapter, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.
LICENSING AUTHORITY: Means the City of Placerville who is the agency responsible for the issuance, renewal, or reinstatement of the local license, and authorized to take disciplinary action against the licensee.
LIMITED-ACCESS AREA: Means an area in which cannabis is stored or held and is only accessible to some licensee and authorized personnel.
LIVE PLANTS: Means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.
LOCAL JURISDICTION: Means a city, county or city and county.
LOT: Means a batch or a specifically identified portion of a batch.
M-LICENSE: Means a State license issued by the State for commercial cannabis activity involving medicinal cannabis.
M-LICENSEE: Means any person holding a license by the State for commercial cannabis activity involving medicinal cannabis.
MANUFACTURE: Means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
MANUFACTURED CANNABIS: Means 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: Means 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.
MANUFACTURING SITE: Means 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 commercial cannabis business permit for manufacturing from the City of Placerville and, a valid State license as required for manufacturing of cannabis products.
MEDICINAL CANNABIS OR MEDICINAL CANNABIS PRODUCT: Means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.
MICROBUSINESS: Means the cultivation of cannabis on an area less than ten thousand (10,000) square feet, by an entity authorized to act as a licensed distributor, level 1 manufacturer, and retailer under State law, provided such licensee can demonstrate compliance with all requirements imposed by State law on licensed cultivators, distributors, level 1 manufacturers, and retailers to the extent the licensee engages in such activities. Microbusiness licenses that authorize cultivation of cannabis shall include the license conditions described in subdivision (b) of section 26060.1 of the Business and Professions Code.
NONVOLATILE SOLVENT: Means any solvent used in the extraction process that is not a volatile solvent. For purposes of this chapter, a nonvolatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post-extraction processing.
NURSERY: Means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically, for the propagation and cultivation of cannabis.
OPERATION: Means any act for which licensure is required under the provisions of this chapter, or any commercial transfer of cannabis or cannabis products.
OWNER: Means any of the following:
(A) A person with an aggregate ownership interest of twenty percent (20%) or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
(B) The manager of a nonprofit or other entity.
(C) A member of the board of directors of a nonprofit.
(D) An individual who will be participating in the direction, control, or management of the business applying for a license, or who has a financial interest in the business other than a fixed lease of real property.
PACKAGE: Means any container or receptacle used for holding cannabis or cannabis products.
PATIENT OR QUALIFIED PATIENT: Shall have the same definition as California Health and Safety Code section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health and Safety Code section 11362.5.
PERSON: Includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
PERSON WITH AN IDENTIFICATION CARD: Shall have the meaning given that term by California Health and Safety Code section 11362.7.
PHYSICIAN'S RECOMMENDATION: Means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at section 11362.5 of the Health and Safety Code.
PREMISES: Means 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 licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee unless the operator is granted an M-license and an A-license for the same type of activity and such operation is lawful under State and local laws, rules and regulations.
PROCESSING: Means a cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and nonmanufactured cannabis products.
PURCHASER: Means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.
RETAILER: Means 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, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale, and where the operator holds a valid commercial cannabis business permit from the City of Placerville 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: Include 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 LICENSE: Means 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.
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:
(A) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State.
(B) Licensed by the bureau.
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 section 109925 of the California Health and Safety Code.
TRANSPORT: Means 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 commercial cannabis activity authorized by MAUCRSA which may be amended or repealed by any subsequent State of California legislation regarding the same. Transport does not include deliveries of cannabis or cannabis products.
UNIQUE IDENTIFIER: Means an alphanumeric code or designation used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant.
VOLATILE SOLVENT: Means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Examples of volatile solvents include, but are not limited to, butane, hexane, and propane.
YOUTH CENTER: Means any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where ten (10) or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. 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. 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. 1694, 10-9-2018)