When used in this chapter, the following words shall have the meanings ascribed to them as set forth herein. Any reference to state statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
ADULT-USE CANNABIS or ADULT-USE CANNABIS PRODUCT. CANNABIS or a CANNABIS PRODUCT, respectively, intended for adults 21 years of age and over and who do not possess PHYSICIAN'S RECOMMENDATIONS.
APPLICANT. An OWNER applying for a CANNABIS BUSINESS PERMIT pursuant to this chapter.
BATCH. A specific quantity of homogeneous CANNABIS or CANNABIS PRODUCT that is one of the following types:
(1) HARVEST BATCH. 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.
(2) MANUFACTURED CANNABIS BATCH. Either of the following:
(a) An amount of CANNABIS CONCENTRATE or extract that is produced in one production cycle using the same extraction methods and standard operating procedures.
(b) An amount of a type of MANUFACTURED CANNABIS produced in one production cycle using the same formulation and standard operating procedures.
BUREAU. 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. 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 Cal. Health and Safety Code § 11018.5.
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 GOODS into the human body.
CANNABIS BUSINESS. Any business or OPERATION which engages in any medicinal or adult-use COMMERCIAL CANNABIS ACTIVITY. CANNABIS BUSINESS also means the location at which a person engages in COMMERCIAL CANNABIS ACTIVITIES.
CANNABIS BUSINESS PERMIT. A regulatory permit issued by the COUNTY pursuant to this chapter to a STATE LICENSED CANNABIS BUSINESS to engage in those COMMERCIAL CANNABIS ACTIVITIES authorized by the permit; and is required before any CANNABIS BUSINESS may conduct any COMMERCIAL CANNABIS ACTIVITY in the COUNTY. The CANNABIS BUSINESS PERMIT, and any annual renewal, is made expressly contingent upon the CANNABIS BUSINESS' ongoing compliance with all requirements of this chapter and any regulations adopted by the COUNTY governing the specified type of COMMERCIAL CANNABIS ACTIVITY.
CANNABIS BUSINESS SITE. A fixed location, under the control of a STATE LICENSED CANNABIS BUSINESS where the CANNABIS BUSINESS is LOCALLY AUTHORIZED to ENGAGE IN COMMERCIAL CANNABIS ACTIVITY.
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 division. A CANNABIS CONCENTRATE is not considered food as defined by Cal. Health and Safety Code § 109935, or drug as defined by Cal. Health and Safety Code § 109925.
CANNABIS COORDINATOR. The County Administrative Officer, or his/her designee, responsible for:
(1) The issuance, renewal, or reinstatement of CANNABIS BUSINESS PERMITS; and
(2) Authorized to initiate and/or take disciplinary and/or enforcement action against a PERMITTEE.
CANNABIS EMPLOYEE WORK PERMIT. A work permit issued by the COUNTY pursuant to this chapter to an EMPLOYEE-APPLICANT within a CANNABIS BUSINESS which authorizes the EMPLOYEE-APPLICANT to be employed by a CANNABIS BUSINESS and is required prior to commencing work.
CANNABIS GOODS. Both CANNABIS and/or CANNABIS PRODUCTS.
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. CANNABIS PRODUCTS shall also mean medicinal concentrates and MEDICINAL CANNABIS PRODUCTS.
CANOPY. The designated area(s) at a STATE LICENSED CANNABIS BUSINESS SITE that will contain LIVE CANNABIS PLANTS at any point in time, as follows:
(1) CANOPY shall be calculated in square feet and measured using clearly identifiable boundaries of all areas(s) that will contain LIVE CANNABIS PLANTS at any point in time, including all of the space(s) within the boundaries;
(2) CANOPY may be noncontiguous but each unique area included in the total CANOPY calculation shall be separated by an identifiable boundary which includes, but is not limited to, interior walls, shelves, GREENHOUSE walls, HOOP HOUSE walls, garden benches, hedgerows, fencing, garden beds, or garden plots; and
(3) If LIVE CANNABIS 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 Cal. Health and Safety Code § 11362.7.
CHILD RESISTANT. Designed or constructed to be significantly difficult for children under five years of age to open, and not difficult for average adults to use properly.
COMMERCIAL CANNABIS ACTIVITY or CANNABIS BUSINESS ACTIVITY. Includes the CULTIVATION, possession, MANUFACTURE, DISTRIBUTION, PROCESSING, storing, laboratory testing, packaging, LABELING, transportation, DELIVERY, dispensing, or SALE of CANNABIS and/or CANNABIS PRODUCTS as provided for in this chapter.
COUNTY OF SAN BENITO or COUNTY. The COUNTY OF SAN BENITO, as a political subdivision of the State of California or entity, and/or as related to the land or jurisdiction to which this chapter applies, means the unincorporated area of the COUNTY OF SAN BENITO.
CULTIVATION. Any activity involving the PROPAGATION, planting, growing, harvesting, drying, curing, grading, or trimming of CANNABIS.
CULTIVATION SITE. A fixed location, under the control of a CULTIVATOR or MICROBUSINESS, where CANNABIS is cultivated.
CULTIVATOR. A STATE LICENSED CANNABIS BUSINESS that is LOCALLY AUTHORIZED to engage in the CULTIVATION of CANNABIS.
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, or a PRIMARY CAREGIVER who is engaged in a transaction with a RETAILER or MICROBUSINESS for purposes of obtaining CANNABIS GOODS, specifically, to purchase.
DELIVERY or DELIVER. The commercial transfer of CANNABIS GOODS from a STATE LICENSED RETAILER or STATE LICENSED MICROBUSINESS to a CUSTOMER or PURCHASER at a physical address. DELIVERY also includes the use by a RETAILER of any technology platform, whether or not owned and controlled by the RETAILER.
DELIVERY EMPLOYEE. An individual employed by a RETAILER or MICROBUSINESS, including an OUT OF COUNTY DELIVERY SERVICE, who DELIVERS CANNABIS GOODS from the authorized CANNABIS BUSINESS SITE of the RETAILER or MICROBUSINESS to a CUSTOMER or PURCHASER at a physical address.
DELIVERY VEHICLE. Any motor vehicle operated by a DELIVERY EMPLOYEE.
DISTRIBUTION. The procurement, SALE, and TRANSPORT of CANNABIS GOODS between STATE LICENSED CANNABIS BUSINESSES that are LOCALLY AUTHORIZED to ENGAGE IN COMMERCIAL CANNABIS ACTIVITY.
DISTRIBUTION EMPLOYEE. An individual employed by a DISTRIBUTOR or MICROBUSINESS who TRANSPORTS CANNABIS GOODS from one CANNABIS BUSINESS SITE to another CANNABIS BUSINESS SITE.
DISTRIBUTION VEHICLE. Any motor vehicle operated by a DISTRIBUTION EMPLOYEE.
DISTRIBUTOR. A STATE LICENSED CANNABIS BUSINESS that is LOCALLY AUTHORIZED to engage in the DISTRIBUTION of CANNABIS GOODS.
DRIED FLOWER. All dead CANNABIS that has been harvested, dried, cured, or otherwise PROCESSED, excluding leaves and stems.
EDIBLE CANNABIS PRODUCT. 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 Cal. Food and Agricultural Code Division 15 (commencing with § 32501). An EDIBLE CANNABIS PRODUCT is not considered food as defined by Cal. Health and Safety Code § 109935, or a drug as defined by Cal. Health and Safety Code § 109925.
EMPLOYEE. An individual employed by a STATE LICENSED CANNABIS BUSINESS that is LOCALLY AUTHORIZED to ENGAGE IN COMMERCIAL CANNABIS ACTIVITY.
EMPLOYEE-APPLICANT. Any person applying for a CANNABIS EMPLOYEE WORK PERMIT pursuant to this chapter.
ENFORCING OFFICER. The San Benito County Administrative Officer, Health Officer, Resources Management Agency Director, Sheriff, or Agricultural Commissioner, or their authorized deputy(ies) or designee(s), or any person employed by the COUNTY and appointed to the position of CANNABIS COORDINATOR, or any person employed by the COUNTY and appointed to the position of Code Enforcement Officer, as established by Resolution No. 90-27 and Ordinances 567 and 625, each of whom is independently authorized to enforce this chapter.
ENGAGE IN COMMERCIAL CANNABIS ACTIVITY.
(1) The commencing, conducting, operating, managingm, or carrying on of a CANNABIS BUSINESS, and the exercise of corporate or franchise powers, whether done as OWNER, or by means of an officer, agent, manager, EMPLOYEE, or otherwise, whether operating from a fixed location in the unincorporated area of the COUNTY or coming into the unincorporated area of the COUNTY from an outside location to ENGAGE IN CANNABIS BUSINESS ACTIVITIES. A person shall be deemed ENGAGED IN CANNABIS BUSINESS ACTIVITIES within the COUNTY if:
(a) Such person or person's EMPLOYEE maintains a fixed place of business within the unincorporated area of the COUNTY for the benefit or partial benefit of such person;
(b) Such person or person's EMPLOYEE owns or leases real property within the unincorporated area of the COUNTY for business purposes;
(c) Such person or person's EMPLOYEE regularly maintains a stock of tangible personal property in the unincorporated area of COUNTY for SALE in the ordinary course of business;
(d) Such person or person's EMPLOYEE regularly conducts solicitation of business within the unincorporated area of the COUNTY;
(e) Such person or person's EMPLOYEE performs work or renders services in the unincorporated area of the COUNTY; and
(f) Such person or person's EMPLOYEE utilizes the streets within the unincorporated area of the COUNTY in connection with the operation of motor vehicles for business purposes.
(2) The foregoing specified CANNABIS BUSINESS ACTIVITIES shall not be a limitation on the meaning of ENGAGED IN COMMERCIAL CANNABIS ACTIVITY.
FLOWERING. That a CANNABIS plant has formed a mass of pistils measuring greater than one-half inch wide at its widest point.
GREENHOUSE. A completely enclosed structure whose structural members are made of pre-formed, rigid materials. The walls, roof, and ends are typically covered using a transparent material, often glass, and which allows solar radiation to penetrate the surface and affect the growing environment of plants.
HOOP HOUSE. A structure with structural members which are made of flexible and somewhat rigid construction materials, typically PVC pipe or similar material. The ends may be covered or left open and the material covering the structural members is readily removable and is typically removed and re-affixed frequently.
IMMATURE PLANT. A CANNABIS plant that is nonflowering and is shorter and/or narrower than 18 inches.
INDOOR CULTIVATION. CULTIVATION that is conducted within a fully enclosed, permitted building or structure, accessible only through one or more locking doors, which is secure against unauthorized entry, and which uses artificial light.
LABELING. Any label or other written, printed, or graphic matter upon a CANNABIS GOOD, upon its container or wrapper, or that accompanies any CANNABIS GOOD.
LABOR PEACE AGREEMENT. An agreement between a STATE 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.
LEGAL PARCEL. A parcel of real property for which one legal title exists that may be separately sold
in compliance with the Subdivision Map Act, Cal. Government Code Title 7, Division 2 (commencing with § 66410).
LIMITED ACCESS AREA. An area in which CANNABIS GOODS, cash, business records, surveillance equipment, and the ability to control or monitor the surveillance equipment is/are stored or held and is only accessible to PERMITTEE'S authorized personnel.
LIVE CANNABIS PLANTS. Living CANNABIS flowers and plants, including seeds, IMMATURE PLANTS, and vegetative stage plants.
LOCAL JURISDICTION OF ORIGIN. A city, county, or city and county within the state.
LOCALLY AUTHORIZED. A city, county, or city and county within the state that has issued a permit, license, or the like to any STATE LICENSED CANNABIS BUSINESS to ENGAGE IN COMMERCIAL CANNABIS ACTIVITY within that jurisdiction.
LOT. A BATCH or a specifically identified portion of a BATCH.
MANUFACTURE. To produce, prepare, PROPAGATE, or compound, or otherwise blend, extract, or infuse CANNABIS and/or a CANNABIS PRODUCT, either directly or indirectly, or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
MANUFACTURED CANNABIS. RAW CANNABIS that has undergone a PROCESS whereby the RAW CANNABIS has been transformed into a concentrate, extract, or other manufactured product intended for either internal consumption, through inhalation or oral ingestion, or for TOPICAL application.
MANUFACTURER. A STATE LICENSED CANNABIS BUSINESS that is LOCALLY AUTHORIZED to conduct the production, preparation, PROPAGATION, or compounding of CANNABIS GOODS, 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 GOODS, or LABELS or re-labels its container.
MANUFACTURING EMPLOYEE. An individual employed by a MANUFACTURER or MICROBUSINESS who is engaged in the performance or supervision of OPERATIONS at a MANUFACTURING SITE.
MANUFACTURING SITE. A fixed location, under the control of a MANUFACTURER or MICROBUSINESS where CANNABIS GOODS are MANUFACTURED.
MATURE PLANT. A CANNABIS plant capable of producing the CANNABIS flower or is FLOWERING, and is at least 18 inches tall and/or wide.
MAUCRSA. The Medicinal and Adult-Use Cannabis Regulation and Safety Act, Cal. Business and Professions Code §§ 26000 et seq.
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 Cal. Health and Safety Code § 11362.5, by a MEDICINAL CANNABIS PATIENT in the state who possesses a valid PHYSICIAN'S RECOMMENDATION.
MICROBUSINESS. A STATE LICENSED CANNABIS BUSINESS that is LOCALLY AUTHORIZED to engage in the CULTIVATION of CANNABIS on an area less than 10,000 square feet, and may additionally act as any three of the following: a STATE LICENSED, LOCALLY AUTHORIZED DISTRIBUTOR, CULTIVATOR, Level 1 MANUFACTURER, or 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 Cal. Business and Professions Code § 26060.1(b).
MIXED-LIGHT CULTIVATION. CULTIVATION of CANNABIS using light deprivation, and both natural and/or artificial lighting during the growing cycle, and is conducted within a permitted GREENHOUSE or similar structure, accessible only through one or more locking doors, which is secure against unauthorized entry.
NON-VOLATILE SOLVENT. Any solvent used in the extraction PROCESS that is not a VOLATILE SOLVENT as defined in Cal. Health and Safety Code § 11362.3(b)(3). NON- VOLATILE SOLVENT includes carbon dioxide (CO2) used for extraction and ethanol, when used for extraction or post-extraction PROCESSING.
NURSERY. A CULTIVATOR that produces only clones, IMMATURE PLANTS, seeds, and other agricultural products used specifically for the PROPAGATION and CULTIVATION of CANNABIS.
OPERATION. Any activity for which a STATE LICENSE and a CANNABIS BUSINESS PERMIT is required under the provisions of this chapter, including any commercial transfer, including, but not limited to, DELIVERY or DISTRIBUTION of CANNABIS GOODS.
OUT OF COUNTY DELIVERY SERVICE. A STATE LICENSED RETAILER or MICROBUSINESS that:
(1) Is LOCALLY AUTHORIZED to engage in the RETAIL SALE and DELIVERY of CANNABIS
GOODS, and whose place of business, main office, or center of OPERATIONS is located outside the unincorporated area of the COUNTY; and
(2) DELIVERS CANNABIS GOODS to a CUSTOMER within the COUNTY.
OUT OF COUNTY DISTRIBUTORS. A STATE LICENSED DISTRIBUTOR or MICROBUSINESS that:
(1) Is LOCALLY AUTHORIZED to engage in the DISTRIBUTION of CANNABIS GOODS, and whose place of business, main office, or center of OPERATIONS is located outside the unincorporated area of the COUNTY; and
(2) TRANSPORTS CANNABIS GOODS to or from an authorized CANNABIS BUSINESS SITE.
OUTDOOR CULTIVATION. Any commercial CANNABIS CULTIVATION without the use of light deprivation and/or artificial lighting in the CANOPY area, and that is not conducted within a fully enclosed, permitted building, accessible only through one or more locking doors, which is secure against unauthorized entry. OUTDOOR CULTIVATION includes, without limitation, CULTIVATION of CANNABIS within a HOOP HOUSE or similar structure.
OWNER. Any of the following:
(1) A person with an aggregate ownership interest of 20% or more in the person applying for a CANNABIS BUSINESS PERMIT or a PERMITTEE, unless the interest is solely a security, lien, or encumbrance;
(2) The Chief Executive Officer, or other manager, of a nonprofit or other entity;
(3) A member of the Board of Directors of a nonprofit; or
(4) An individual who will be participating in the direction, control, or management of the business applying for a CANNABIS BUSINESS PERMIT, or who has a financial interest in the business other than a fixed lease of real property.
PACKAGE. Any container or receptacle used for holding CANNABIS GOODS.
PATIENT or QUALIFIED PATIENT. Shall have the same definition as Cal. Health and Safety Code §§ 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of Cal. Health and Safety Code § 11362.5. For purposes of this chapter, QUALIFIED PATIENT shall also refer to QUALIFIED PATIENTS who have obtained an identification card from the State Department of Health Services via a local county health department, as that term is defined by Cal. Health and Safety Code §§ 11362.7 et seq.
PERMITTEE or PERMITTED CANNABIS BUSINESS. Any person holding a valid CANNABIS BUSINESS PERMIT issued by the COUNTY pursuant to this chapter.
PERMITTING AUTHORITY. The county department that is responsible for the issuance, renewal, or reinstatement of the CANNABIS BUSINESS PERMIT, and authorized to take disciplinary action against the PERMITTEE.
PERSON. Includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business, business trust, receiver, syndicate, collective, cooperative, or any other group or entity, or combination acting as a unit, and the plural as well as the singular.
PHYSICIAN'S RECOMMENDATION. 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 Cal. Health and Safety Code § 11362.5.
PREMISES. The designated structure(s) and land of a LEGAL PARCEL specified in the application that is owned, leased, used, possessed, 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.
PROCESS or PROCESSING. COMMERCIAL CANNABIS ACTIVITY associated with curing, drying, grading, LABELING, packaging, or trimming of raw or non-manufactured CANNABIS GOODS.
PROCESSING SITE. A CULTIVATION SITE that conducts only trimming, drying, curing, grading, packaging, or LABELING of raw or non-manufactured CANNABIS GOODS.
PROPAGATE or PROPAGATION. To CULTIVATE IMMATURE PLANTS from CANNABIS plant cuttings or seeds.
PROPERTY OWNER. The person who is the record OWNER of the subject real property where the CANNABIS BUSINESS is located and the OPERATIONS thereof occur or are proposed to occur.
PURCHASER. The CUSTOMER who is engaged in a transaction with a PERMITTEE for purposes of obtaining CANNABIS GOODS.
RAW CANNABIS. Shall include CANNABIS flowers, CANNABIS leaves, or other categories of harvested CANNABIS, categories for unprocessed or frozen CANNABIS or IMMATURE PLANTS, or CANNABIS that is shipped directly to MANUFACTURERS.
RETAIL. Both STOREFRONT and NON-STOREFRONT RETAIL as follows:
(1) NON-STOREFRONT RETAIL. The RETAIL SALE and DELIVERY of commercial CANNABIS GOODS to CUSTOMERS from vehicular DELIVERY only.
(2) STOREFRONT RETAIL. The RETAIL SALE and DELIVERY of commercial CANNABIS GOODS to CUSTOMERS from either:
(a) A physical location where the CANNABIS BUSINESS is authorized to conduct COMMERCIAL CANNABIS ACTIVITY; or
(b) Vehicular DELIVERY.
RETAILER. A STATE LICENSED CANNABIS BUSINESS that it LOCALLY AUTHORIZED to engage in the RETAIL SALE and DELIVERY of CANNABIS GOODS.
SELL, SALE, and TO SELL. Includes any transaction whereby, for any consideration, title to CANNABIS GOODS is transferred from one person to another, and includes the DELIVERY of CANNABIS GOODS 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 GOODS by a licensee to the licensee from whom the CANNABIS GOODS was purchased.
SENSITIVE USE. Any of the following:
(1) CHURCH. A structure or leased portion of a structure, which is used primarily for religious worship and related religious activities;
(2) Licensed child care facility;
(3) Licensed child care home;
(4) LICENSED CHILD DAY CARE FACILITY. A facility that provides non- medical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. CHILD DAY CARE FACILITY includes:
(a) DAY CARE CENTER. Any CHILD DAY CARE FACILITY other than a FAMILY DAY CARE HOME, and includes infant centers,
preschools, extended day care facilities, and school-age child care centers;
(b) EMPLOYER-SPONSORED CHILD CARE CENTER. Any CHILD DAY CARE FACILITY at the employer's site of business operated directly or through a provider contract by any person or entity having one or more EMPLOYEES, and available exclusively for the care of children of that employer, and of the officers, managers, and EMPLOYEES of that employer;
(c) FAMILY DAY CARE HOME. A home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large FAMILY DAY CARE HOME or a small FAMILY DAY CARE HOME;
(5) SCHOOL. An institution of learning for minors, whether public, private, or charter, offering a regular course of instruction required by the California Education Code, or any licensed CHILD or DAY CARE FACILITY. This definition includes a nursery school, pre-school, transitional kindergarten, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university;
(6) SCHOOL BUS STOP. Any location designated in accordance with Cal. Code of Regulations Title 13, § 1238, to receive school buses, as defined in Cal. Vehicle Code § 233, or school pupil activity buses, as defined in Cal. Vehicle Code § 546;
(7) SCHOOL EVACUATION SITE. Any location designated by formal action of the governing body, superintendent, or principal of any SCHOOL as a location to which juveniles are to be evacuated to, or are to assemble at, in the event of an emergency or other incident at the SCHOOL;
(8) YOUTH CENTER. Any 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, social service teenage club facilities, 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 similar amusement park facilities;
(b) 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;
(c) 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's office or doctor's office, primarily serving children, or a location which is primarily utilized as an administrative office or facility for youth programs or organizations; and
(9) YOUTH-ORIENTED FACILITY. Elementary school, middle school, high school, public park, any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate, or assemble at the establishment are predominately minors.
STATE LICENSE. A license issued by the State of California, or one of its departments or divisions, including the Bureau of Cannabis Regulation, under MAUCRSA and any subsequent state legislation regarding the same, authorizing the holder to ENGAGE IN COMMERCIAL CANNABIS ACTIVITY.
STATE LICENSEE or STATE LICENSED. A person to whom a STATE LICENSE has been issued, authorizing that person to ENGAGE IN COMMERCIAL CANNABIS ACTIVITY.
TESTING LABORATORY. A STATE LICENSED laboratory, facility, or entity that offers or performs tests of CANNABIS GOODS and that is:
(1) Accredited by an accrediting body that is independent from all other persons involved in COMMERCIAL CANNABIS ACTIVITY in the state; and
(2) Authorized by the COUNTY to engage in laboratory testing of CANNABIS GOODS via a valid CANNABIS BUSINESS PERMIT.
TOPICAL or 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 physical movement of CANNABIS GOODS from one authorized CANNABIS BUSINESS SITE to another authorized CANNABIS BUSINESS SITE, for the purposes of conducting COMMERCIAL CANNABIS ACTIVITY authorized by MAUCRSA which may be amended or repealed by any subsequent state legislation regarding the same. TRANSPORT does not include DELIVERY.
UNIQUE IDENTIFIER. An alphanumeric code or designation used for reference to a specific CANNABIS plant on a STATE LICENSED PREMISES and any CANNABIS GOODS derived or MANUFACTURED from that plant.
VOLATILE SOLVENT. 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.
(Ord. 974, § 1, 2018; Ord. 1036, § 2, 2021)