A. "Business" means any sole proprietorship, partnership, limited liability company, joint venture, corporation, association, or other entity formed for profit-making purposes or for nonprofit charitable, religious, philanthropic, educational, political, social, or similar purposes. A government agency is not a business within the meaning of this chapter.
B. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including but not limited to 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" also means marijuana as defined by California Health and Safety Code section 11018 and Business and Professions Code section 26001(f), as both may be amended from time to time. Any reference to cannabis or cannabis products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products, unless otherwise specified. Cannabis or cannabis product does not mean industrial hemp as defined by Health and Safety Code section 11018.5, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. 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.
C. "City" means the City of San Bernardino, a Charter City in the State of California.
D. "City campus" means enclosed areas and unenclosed areas under the legal control of the City, including property that is owned, leased, or maintained by the City or governed by the Mayor and City Council.
E. "Prohibited smoking area" means a designated portion of an unenclosed area where cannabis smoking is prohibited.
1. Cannabis smoking shall be prohibited within one thousand (1,000) feet of any of the following:
i. Any school (k-12) regardless if it is a public, private or charter school;
ii. Day care center as defined in Section 1596.76 of the Health and Safety Code;
iii. Youth center as defined in Section 11353.1 of the Health and Safety Code;
iv. Any library, park, bicycle paths or area in which the primary purpose is used for minors; and
v. Any alcohol rehabilitation center or substance abuse facility.
F. "Dining area" means any area which is available to or customarily used by the general public or an employee and which is designed, established, or regularly used for consuming food or drink.
G. "Electronic smoking device" means an electronic device that can be used to deliver an inhaled dose of cannabis, cannabis oils or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vaping pens or any other product name or descriptor.
H. "Employee" means any natural person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any natural person who volunteers his or her services for an employer.
I. "Employer" means any business with one or more employees.
J. "Enclosed area" means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has:
1. Any type of overhead cover and at least three walls or other vertical constraint to airflow; or
2. Four walls or other vertical constraints to airflow.
K. "Person" means any natural person, business, personal representative, receiver, trustee, assignee, or any other legal entity.
L. "Place of employment" means any area under the legal or de facto control of an employer that an employee or the general public may have cause to enter in the normal course of operations, regardless of the hours of operation.
M. "Public place" means any place, publicly or privately owned, when being used for a public event, including but not limited to a farmers' market, parade, craft fair, festival, or any other event open to the general public.
N. "Recreational area" means any area that is owned, controlled, or used by the City and open to the general public for recreational purposes, regardless of any fee or age requirement. "Recreational area" includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, skateboard parks, and amusement parks. "Recreational area" does not include golf courses.
O. "Service area" means any publicly or privately-owned area designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. "Service area" includes, but is not limited to, areas including or adjacent to information kiosks, automatic teller machines, ticket lines, bus stops or shelters, mobile vendor lines, or cab stands.
P. "Smoke" means the gases, oils, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, cannabis, cannabis oils, or nicotine and the purpose of inhalation is solely olfactory, such as smoke from incense. "Smoke" includes, but is not limited to, tobacco smoke, electronic smoking device vapors, and cannabis smoke.
Q. "Smoking" means inhaling, exhaling, burning, or carrying any ignited, heated, or activated cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product intended for human inhalation including, but not limited to, cannabis or cannabis products.
R. "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 Chapter. 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.
S. "Cannabis paraphernalia" means any item designed for the consumption, use, or preparation of cannabis or cannabis product.
T. "Cannabis product" means:
1. Any product containing, made, or derived from cannabis or cannabis products that is intended for human consumption, whether smoked, heated, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, bongs, blunts, pipes; and
2. Any electronic smoking device. Notwithstanding any provision of subparagraphs (1) and (2) to the contrary, "cannabis products" includes any component, part, or accessory of a cannabis product, whether or not sold separately.
U. "Unenclosed area" means any area that is not an enclosed area.
(Ord. MC-1465, 3-07-18)