The following definitions apply to this chapter:
APPLICANT. A person who is required to file an application for a permit under this chapter.
BUSINESS OWNER. The owner(s) of the cannabis business. For publicly traded companies, owner means the chief executive officer or any person or entity with an aggregate ownership interest of 5% or more. For all other businesses, other than publicly traded companies, an owner is an individual that has an aggregate ownership of interest other than a lien or encumbrance, of 20% or more in the commercial cannabis business.
CANNABIS. 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 hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. CANNABIS also means 1) CANNABIS as defined by § 11018 of the Cal. Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972, and amended by the California Control, Regulate and Tax Adult Use of Cannabis Initiative; 2) INDUSTRIAL HEMP as defined by § 11018.5 of the Cal. Health and Safety Code; and 3) CANNABIS as defined by other applicable state law. CANNABIS shall not mean cannabidiol (CBD) or hemp products (of 0.03% per weight or less of THC), such as creams or lotions, so long as those products cannot be inhaled, or manufactured as edible food products.
CANNABIS BUSINESS or CANNABIS INDUSTRY. Any business activity in the city relating to cannabis, including but not limited to cultivation (including nurseries), transportation, distribution, manufacture, compounding, conversion, processing, preparation, testing, storage, packaging, delivery and sales (wholesale and/or retail sales) of cannabis or cannabis products, whether or not carried on for gain or profit. A cannabis business does not include any business whose only relationship to cannabis or cannabis products is the production or sale of cannabis accessories.
CANNABIS CULTIVATION AREA. The total aggregate area(s) of cannabis cultivation by a cannabis business as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the dripline of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are grown, excluding non-production areas, as determined by the City Manager or his or her designee.
CANNABIS PRODUCT. Any product containing cannabis, including, but not limited to, flowers, buds, oils, tinctures, concentrates, extractions, edibles and those products described in § 11018.1 of the Cal. Health and Safety Code.
CANOPY. All areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether the areas are contiguous or noncontiguous. The plant canopy need not be contained to a single parcel of land in determining the total square footage that will be subject to tax under this chapter. If mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.
CHIEF OF POLICE. The Chief of the Tulare Police Department or his or her designee.
CITY. The City of Tulare, either the entity or its territorial limits, as the context requires.
CITY COUNCIL or COUNCIL. The City Council of the City of Tulare.
COLLECTOR. The city's Director of Finance or Chief Financial Officer or his or her designee.
COMMERCIAL CANNABIS CULTIVATION. Cultivation conducted by, for, or as part of a cannabis business. Commercial cannabis cultivation does not include personal medical cannabis cultivation, or cultivation for personal recreational use as authorized under the Control, Regulate and Tax Adult Use of Marijuana Act approved by the state's voters on November 8, 2016, for which the individual receives no compensation whatsoever.
COMMERCIAL CANNABIS BUSINESS or CANNABIS BUSINESS or CANNABIS OPERATION. Any commercial cannabis activity allowed under state law and the implementing regulations, as state law and the implementing regulations may be amended from time to time, and all uses permitted under any subsequently enacted state law pertaining to the same or similar uses for recreational cannabis.
CANNABIS OPERATOR. The person or persons responsible for the commercial cannabis business regardless of the type of entity; e.g. partnership, corporation, etc.
CANNABIS PRODUCTION. The processes associated with the processing, extraction, manufacturing, testing, distribution and transportation of medical and non-medical cannabis products.
COMMERCIAL CANNABIS REGULATORY PERMIT or REGULATORY PERMIT. The permit required under this chapter to have a cannabis business.
COMMINGLING. The physical aggregation of harvest batches or nonmanufactured cannabis products by a licensee.
CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. CULTIVATION also includes nurseries. In addition, and without limiting the foregoing, CULTIVATION includes CULTIVATION as defined in Cal. Business and Professions Code § 19300.5 and any successor statute, as may be adopted and amended from time to time.
DELIVERY. The commercial transfer of marijuana cannabis or marijuana cannabis products to a customer. DELIVERY also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under this chapter, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.
DELIVERY EMPLOYEE. An individual employed by a licensed dispensary who delivers cannabis goods from the licensed dispensary premises to a physical address.
DISPENSARY. A facility where cannabis or cannabis products, are offered, either individually or in combination, for retail sale, including an establishment that engages in delivery of cannabis or cannabis products as part of a retail sale. In addition, and without limiting the foregoing, DISPENSARY includes DISPENSARY as defined in Cal. Business and Professions Code § 19300.5 and any successor statute, as may be adopted or amended from time to time.
DISTRIBUTOR. A person engaged in procuring cannabis from a cultivator, and/or procuring cannabis products from a manufacturer, for sale to a licensed commercial cannabis business. In addition, and without limiting the foregoing, DISTRIBUTOR includes DISTRIBUTOR as defined in Cal. Business and Professions Code § 19300.5 and any successor statute, as may be adopted or amended from time to time.
DISTRIBUTION. The procurement, sale, and transport of cannabis or cannabis products between licensees.
EMPLOYEE. Each and every person engaged in the operation or conduct of any cannabis business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such cannabis business for a wage, salary, commission, barter or any other form of compensation.
GROSS RECEIPTS. Except as otherwise specifically provided, means, whether designated a sales price, royalty, rent, commission, dividend, or other designation, the total amount (including all receipts, cash, credits and property of any kind or nature) received or payable for sales of goods, wares or merchandise or for the performance of any act or service of any nature for which a charge is made or credit allowed (whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not), without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. However, the following shall be excluded from GROSS RECEIPTS:
(1) Cash discounts where allowed and taken on sales;
(2) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
(3) Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;
(4) Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer's business;
(5) Cash value of sales, trades or transactions between departments or units of the same business;
(6) Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected they shall be included in the amount of gross receipts for the period when they are recovered;
(7) Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded when in excess of one dollar;
(8) Amounts collected for others where the business is acting as an agent or trustee and to the extent that such amounts are paid to those for whom collected. These agents or trustees must provide the finance department with the names and the addresses of the others and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustees;
(9) Retail sales of t-shirts, sweaters, hats, stickers, key chains, bags, books, posters or other personal tangible property which the Tax Administrator has excluded in writing by issuing an administrative ruling per § 5.98.140 shall not be subject to the cannabis business tax under this chapter. However, any retail sales not subject to this chapter as a result of the administrative ruling shall be subject to the appropriate business tax under Chapter 5.08 or any other chapter or title as determined by the Tax Administrator.
INDOOR CULTIVATION. The cultivation of cannabis within a structure using artificial light, at a rate greater than 25 watts per square foot.
MANUFACTURER. A person who 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, or that packages or repackages cannabis or cannabis products or labels or relabels its container. In addition, and without limiting the foregoing, MANUFACTURER includes MANUFACTURER as defined in Cal. Business and Professions Code § 19300.5 and any successor statute, as may be adopted or amended from time to time.
MIXED-LIGHT CULTIVATION. The cultivation of cannabis using light deprivation and/or artificial lighting below a rate of 25 watts per square foot.
NURSERY. A person who produces cannabis clones, immature plants, and/or seeds for wholesale distribution, used specifically for the planting, propagation, and cultivation of cannabis. In addition, and without limiting the foregoing, NURSERY includes NURSERY as defined in Cal. Business and Professions Code § 19300.5 and any successor statute, as may be adopted or amended from time to time.
OPERATOR. The business owner and any other person designated by the business owner as responsible for the day to day cannabis business operation.
PERSONAL MEDICAL CANNABIS CULTIVATION. Cultivation, by either a qualified patient who cultivates cannabis exclusively for his or her personal medical use or by a caregiver who cultivates cannabis exclusively for medical use by qualified patients and who is exempt from State licensing requirements under the State Medical Cannabis Regulation and Safety Act.
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 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.
REGULATORY PERMIT. A permit issued by the City of Tulare that is required to be obtained prior to any operation of a commercial cannabis business.
RESPONSIBLE PARTY. The business owner, operator, manager(s), and any employee having significant control over the cannabis businesses operations.
RETAIL LICENSE. A storefront retailer (Type 10) licensee, issued by the California Bureau of Cannabis Control, which sells cannabis goods to customers at its premises or by delivery. A storefront retailer must have a licensed physical location (premises), including address, where commercial cannabis activities are conducted.
STATE. The State of California.
STATE LAW. All regulations and laws in the State of California.
STATE LICENSE. A state license issued pursuant to Cal. Business and Professions Code §§ 19300, et seq. or other applicable state law.
TESTING. 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:
(1) Accredited by an accrediting body that is independent from all other persons involved in commercial marijuana cannabis activity in the state;
(2) Registered and licensed by the State Department of Public Health.
TRANSPORT. The transfer of cannabis or 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 pursuant to this chapter.
(Ord. 2022-15, passed 11-8-2022; Ord. 2020-09, passed 9-15-2020; Ord. 19-12, passed 4-21-2020)