For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS CULTIVATION FACILITY. Any facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, or any facility that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis. CULTIVATION as used in this subchapter shall include both CULTIVATION and NURSERY as those terms are defined in Cal. Business and Professions Code § 26001.
CANNABIS DELIVERY. The commercial transfer of cannabis or cannabis products to a customer at their place of residence. Delivery also includes the use by a retailer of any technology platform owned and controlled by the retailer.
CANNABIS DISPENSARY. A facility authorized under this chapter 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 that delivers cannabis and cannabis products as part of a retail sale.
CANNABIS DISTRIBUTION FACILITY. A facility used to facilitate the procurement, sale, and transport of cannabis or cannabis products between cannabis facilities and to customers as allowed under this chapter.
CANNABIS DISTRIBUTOR. A person holding a valid commercial cannabis business permit for distribution issued by the city and a valid state license for distribution, as 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.
CANNABIS MANUFACTURING FACILITY. A facility that produces, prepares, propagates, or compounds manufactured 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 relabels its container.
CANNABIS PRODUCT. Raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible or ingestible product, or a topical product.
CANNABIS TESTING FACILITY. A facility that offers or performs tests of cannabis or cannabis products.
CANNABIS TRANSPORTER. A person or entity that transports or transfers cannabis or cannabis products between cannabis facilities for the purposes of conducting commercial cannabis activity authorized pursuant to this subchapter.
CANOPY. For cannabis cultivation purposes, means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site. The plant canopy does not need to be continuous on any premises in determining the total square footage which will be subject to tax.
DISTRIBUTOR. A person or facility involved in the procurement, sale, and/or transport of cannabis and cannabis products between permitted or licensed entities.
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; or
(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; or
(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.
RETAILER or STOREFRONT RETAILER. Shall have the same meaning as that contained in Cal. Business and Professions Code § 26070(a)(1).
TRANSPORTER. Of cannabis, means a person issued all required state and city permits to transport cannabis or cannabis products between permitted facilities.
(Ord. 2021-03, passed 12-7-2021)