Unless otherwise defined in this chapter or Article XXV of Chapter 25, Division 1 of Article I of Chapter 1, Article XII of Chapter 2, or the context clearly indicates a different meaning, the words and phrases used in this chapter shall have the same definitions ascribed to them in Division 10 of the Business and Professions Code, including § 26001, California Code of Regulations Title 4, Division 19, Department of Cannabis Control, and California Health and Safety Code § 11362.7; 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.
ACT or MAUCRSA. The California Medicinal and Adult-Use Cannabis Regulation and Safety Act, as set forth in California Business and Professions Code § 26000 et seq.
ADULT USE. Use of cannabis products by individuals 21 years of age and older and who do not possess a physician’s recommendation.
APPLICANT. Any individual or entity applying for a commercial cannabis permit, and shall include any officer, director, partner or other duly authorized representative applying on behalf of an entity.
BUSINESS LICENSE. A license issued by the Finance Director pursuant to Chapter 12 of this code.
CANNABIS. All parts of the cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis plants, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of a cannabis 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 purposes of this chapter, CANNABIS does not mean INDUSTRIAL HEMP as defined by California Health and Safety Code § 11018.5. CANNABIS shall also have the same meaning as in California Business and Professions Code § 26001(f), as the same may be amended from time to time.
CANNABIS ACCESSORIES. Any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body. CANNABIS ACCESSORIES shall also have the same meaning as in California Health and Safety Code § 11018.2, as same may be amended from time to time.
CANNABIS CONCENTRATE. Cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from glandular trichomes from a cannabis plant is a concentrate for purposes of this chapter. A cannabis concentrate is not considered food, as defined by California Health and Safety Code § 109935, or a drug, as defined by California Health and Safety Code § 109925. CANNABIS CONCENTRATE shall also have the same meaning as in California Business and Professions Code § 26001(g), as same may be amended from time to time.
CANNABIS EVENT. A public or private event where compensation is provided or exchanged, either directly or indirectly or as part of an admission or other fee for service, for the provision, hosting, promotion or conduct of the event where consumption of cannabis is part of the activities.
CANNABIS PRODUCTS. Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate (or a solution/dilution), including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. Cannabis products are not considered food, as defined by California Health and Safety Code § 109935, a drug, as defined by California Health and Safety Code § 109925, or a cosmetic, as defined by California Health and Safety Code § 109900. CANNABIS PRODUCTS shall also have the same meaning as in California Health and Safety Code § 11018.1, as same may be amended from time to time.
CITY ATTORNEY. The City Attorney of the City of Red Bluff, including their designee.
CITY CLERK. The City Clerk of the City of Red Bluff, including their designee.
CITY MANAGER. The City Manager of the City of Red Bluff, including their designee.
COMMERCIAL CANNABIS ACTIVITY. Includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and/or cannabis products as provided for in MAUCRSA and state regulations. COMMERCIAL CANNABIS ACTIVITY shall also have the same meaning as in California Business and Professions Code § 26001, or any successor section thereto.
COMMERCIAL CANNABIS BUSINESS. Any business or operation which engages in medicinal or adult-use commercial cannabis activity, as authorized by this chapter, including the cultivation, manufacturing, testing, distribution, microbusiness, event organization and retail as explicitly allowed herein of medicinal and adult use cannabis and cannabis products, and the ancillary transportation and delivery of same.
COMMERCIAL CANNABIS BUSINESS PERMIT or CCBP. A permit issued by the Director to allow a person to engage in commercial cannabis activity and/or operate a commercial cannabis business pursuant to the requirements of this chapter.
COMPETITIVE APPLICATION. The process to issue CCBPs when the number of applications received exceeds the number of CCBPs that may be issued pursuant to this chapter.
CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis pursuant to California Business and Professions Code § 26001, as may be amended from time to time. Whenever references to CULTIVATION are made in this chapter, CULTIVATION may refer to either commercial cultivation or non-commercial personal cultivation as specified.
CULTIVATOR. A person who cultivates cannabis.
CULTIVATION AREA. A location where cannabis is sprouted, cloned, planted, grown, harvested, dried, cured, graded, sorted, or trimmed, or a location where any combination of those activities occurs.
CUSTOMER. A natural person 21 years of age or older, or a natural person 18 years of age or older who possesses a physician’s recommendation for medicinal use, or a primary caregiver. CUSTOMER shall also have the same meaning as in California Business and Professions Code § 26001, as may be amended from time to time.
DATE OF SERVICE. The date when a notice or written decision was served upon a person pursuant to this chapter.
DAY CARE CENTER. Has the same meaning as in California Health and Safety Code § 1596.76, meaning a child day care facility other than a family day care home.
DELIVERY. The commercial transfer of cannabis or cannabis products to a customer. DELIVERY shall also have the same meaning as in California Business and Professions Code § 26001, as same may be amended from time to time.
DCC. The state Department of Cannabis Control.
DIRECTOR. Unless otherwise specified, means the Community Development Director of the City of Red Bluff, including their designee.
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 or permittees. DISTRIBUTION shall also have the same meaning as in California Business and Professions Code § 26001, as may be amended from time to time. Distribution shall also encompass all activities authorized by the DCC for “distributor” or “transport” type licenses.
DISTRIBUTOR. An entity that engages in the distribution of cannabis from a licensed commercial cannabis business and transporting it for sale or other purposes necessary for operations to another commercial cannabis business. This definition shall encompass all distributor or transport type licenses issued by the DCC.
EVENT ORGANIZER. A person or commercial cannabis business who engages in the organizing and operating of a cannabis event.
FINANCE DIRECTOR. The Finance Director of the City of Red Bluff, including their designee.
FIRE CHIEF. The Fire Chief of the City of Red Bluff Fire Department, including their designee.
INDOOR CULTIVATION. The cultivation of cannabis within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above 25 watts per square foot, and includes mixed-light cultivation.
LICENSE OR STATE LICENSE. A license issued by the State of California, or one of its departments or divisions, under MAUCRSA, and any subsequent State of California legislation or regulations regarding the same, to lawfully engage in commercial cannabis activity.
LICENSEE. Any person holding a license issued by the State of California to conduct commercial cannabis business activities.
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 person 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, hire and dismiss employees, controls hours of operations, creates policy rules, and purchases supplies.
MANUFACTURE. To compound, blend, extract, infuse, dilute, or otherwise make or prepare a cannabis product. Manufacture shall also have the same meaning as in California Business and Professions Code § 26001, as same may be amended from time to time.
MARIJUANA. Shall have the same meaning as cannabis.
MEDICINAL/MEDICAL CANNABIS. Any cannabis or cannabis product(s), intended to be cultivated, possessed, remunerated or donated, for use pursuant to the Compassionate Use Act of 1996 (California Health and Safety Code § 11362.5) and/or the Medical Marijuana Program Act (California Health and Safety Code § 11362.7) by any qualified individual on behalf of any qualified patient who possesses a physician’s recommendation or approval to use cannabis for medicinal purposes.
MICROBUSINESS. A business which would be required to obtain a DCC microbusiness license and who is engaged in at least three of the following commercial cannabis activities: cultivation (less than 10,000 square feet), manufacturing (non-volatile), distribution, and retailer as defined within this chapter.
MIXED LIGHT CULTIVATION. Cultivation using a combination of natural sunlight and supplemental artificial lighting that may also include light deprivation mechanisms, as defined by state regulation. This term refers to various types of greenhouses, whereby all cannabis plants are not legally visible or accessible to the public, and the rooftop of the structure is transparent or translucent to natural light, with the walls and ingress/egress points being secured, opaque and obstructed from public view and access. For the purposes of this chapter, mixed light is included within the meaning of indoor cultivation.
NON-VOLATILE MANUFACTURER. An entity engaging in the manufacture of cannabis whereby the use of any mechanical methods, solvent or extraction medium used in the extraction, concentration or dilution of cannabis that is not a volatile solvent as defined by the DCC. For purposes of this chapter, such solvents and mediums include, but are not limited to: lipids; vinegars; glycerin; heat; cold; water; ice; pressure; carbon dioxide; and ethanol. This definition shall comply with the definition set forth by the DCC and includes all cannabis manufacture methods not explicitly deemed volatile by the DCC.
OPERATION. Any act for which a license is required under state law for commercial cannabis activities or any commercial transfer of cannabis or cannabis products. OPERATION shall also have the same meaning as in California Business and Professions Code § 26001, as same may be amended from time to time.
OUTDOOR CULTIVATION. Any cultivation of cannabis that does not occur within a fully enclosed structure and/or the contents of that structure are visible from any public right-of-way.
OWNER, OWNING, OWNERSHIP. Any of the following, or a group or combination of any of the following acting as a unit: a person with an aggregate ownership interest of 5% or more in the business applying for CCBP, whether a partner, shareholder, principal, member, or the like, unless the interest is solely a security, lien, or encumbrance.
PATIENT or QUALIFIED PATIENT. The same definition as California Health and Safety Code §§ 11362.5 and 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 § 11362.5.
PERMITTEE. Any person holding a commercial cannabis business permit issued by the city authorizing the holder to engage in a locally authorized commercial cannabis business.
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 or entity, and the plural as well as the singular. For the purposes of this chapter, PERSON also includes any subsidiaries, affiliates, solely owned entities or “doing business as” filings that involve more than name changes only. The intent of this definition is to prevent the obfuscation of ownership and to remove the potential for monopolies being held in the commercial cannabis sector within city limits.
PERSONAL CULTIVATION. Includes cultivation of adult use cannabis by natural persons for their own use pursuant to California Health and Safety Code § 11362.2, and medical cannabis by patients for their own use or by primary caregivers for a patient’s use within the meaning of the Compassionate Use Act of 1996, California Health and Safety Code § 11362.5 and the Medical Marijuana Program Act, California Health and Safety Code § 11362.7.
POLICE CHIEF. The Chief of the City of Red Bluff Police Department, including their designee.
POSSESSION. Any activities involving the possession, storage, or transportation of cannabis.
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 where the commercial cannabis business will be or is being conducted.
PRIMARY CAREGIVER. Shall have the same meaning as set forth in California Health and Safety Code, §§ 11362.5 and 11362.7.
PUBLIC WORKS DIRECTOR. The Public Works Director of the City of Red Bluff, including their designee.
QUALIFIED INDIVIDUAL. Shall have the same meaning as set forth in California Health and Safety Code, §§ 11362.5 and 11362.7.
RESPONSIBLE PERSON. All owners and operators of a commercial cannabis business, including the permittee and all officers, directors, or partners.
RETAILER-DELIVERY or NON-STOREFRONT RETAILER. A non-storefront, delivery only retailer as a commercial cannabis business facility where cannabis, cannabis products, either individually or in any combination, are for retail sale to customers; where the premises are non-storefront, 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 operator is authorized by the City of Red Bluff to operate as a retailer, and holds a valid California Department of Cannabis Control License as required by state law to operate as a retailer. This definition shall comply with the definition set forth by the Department of Cannabis Control as it may change for non-storefront retailers.
RETAILER-STOREFRONT or STOREFRONT RETAILER. A storefront retailer of a commercial cannabis business facility where cannabis, cannabis products, or cannabis accessories are offered, either individually or in any combination, for retail sale to customers at a fixed location, including an establishment that also offers delivery of cannabis and cannabis products as part of a retail sale, and which are open to the public, and where the operator is authorized to operate in the city as a retailer, and holds a valid California Department of Cannabis Control License as required by state law to operate as a retailer. This definition shall comply with the definition set forth by the Department of Cannabis Control as it may change.
REVOKE/REVOCATION. To render null, void and vacate entirely any entitlement or permit without intent to grant again, return or otherwise reinstate.
SCHOOL. Has the same meaning as "educational institution" as defined in California Education Code § 210.3.
SELL, SALE and TO SELL. Includes any transaction whereby, for any consideration, title to or ownership of 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, and does not include nontransferable exchanges of cannabis where the receiving party has prior ownership interest before harvest (otherwise known as “direct access”).
STATE LAW. All laws of the State of California and includes any duly adopted regulation set forth in the California Code of Regulations.
STATE REGULATIONS. Those regulations issued by the State of California, through its respective departments and/or divisions, pursuant to California Business and Professions Code § 26013, including those set forth in the California Code of Regulations Title 4, Division 19, as may be amended from time to time, to implement, interpret, administer and enforce the Act, and providing licensing and enforcement criteria for commercial and medicinal cannabis activities and businesses.
TAC. The City of Red Bluff Technical Advisory Committee, as set forth in Chapter 2 of this code.
TESTING LABORATORY. A laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products. TESTING LABORATORY shall also have the same meaning as in California Business and Professions Code § 26001(at), as same may be amended from time to time. This definition shall remain compliant with the definition of TESTING LAB as it may be updated by the DCC.
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 commercial cannabis activity authorized by law and which may be amended or repealed by any subsequent State of California legislation regarding the same.
VOLATILE MANUFACTURER. An entity engaging in the use of volatile substances to process and manufacture cannabis and produce cannabis products using the full capacity of techniques, chemicals and solvents allowed by the DCC to manufacture cannabis, cannabis products, and/or cannabis concentrates, or to package/repackage cannabis products. This definition shall encompass the full range of cannabis manufacture activities as they may be updated by the DCC.
YOUTH CENTER. Has the same meaning as set forth in California Health and Safety Code § 11353.1.
(Ord. 1063, passed 2-15-2022)