The text
When used in this chapter, the following words shall have the meanings ascribed to them as set forth herein. 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" shall mean the California Medicinal and Adult-Use Cannabis Regulation and Safety Act, as in California Business and Professions Code section 26000 et seq. "Act" may also be used interchangeably with "MAUCRSA."
"Applicant" shall include any individual or entity applying for a commercial cannabis permit, which is to include a development agreement under this chapter, and including any officer, director, partner, or other duly authorized representative applying on behalf of an entity.
"Business License" is the license issued by the city's business license division after payment of the business fee as set forth in Chapter 5.04 of the City of Commerce Municipal Code.
"Bureau" means the bureau of cannabis control within the department of consumer affairs, and shall have the same meaning as in Section 26001(e) of the Business and Professions Code, as same may be amended from time to time.
"Cannabis" means 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 Section 11018.5 of the California Health and Safety Code. Cannabis shall also have the same meaning as in Section 26001(f) of the Business and Professions Code, as same may be amended from time to time.
"Cannabis accessories" means 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 Section 11018.2 of the Health and Safety Code, as same may be amended from time to time.
"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. Cannabis accessories shall also have the same meaning as in Section 26001(h) of the Business and Professions Code, as same may be amended from time to time.
"Cannabis products" means 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 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. Cannabis products shall also have the same meaning as in Section 11018.1 of the Health and Safety Code, as same may be amended from time to time.
"Canopy" means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site.
"City" shall mean the City of Commerce, California.
"City administrator" shall mean the City Administrator of the City of Commerce, including his or her designee, pursuant to, and as defined, in Chapter 2.04 of this code.
"Code" shall mean the City of Commerce Municipal Code.
"Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in MAUCRSA. Commercial cannabis activity shall also have the same meaning as in Section 26001(k) of the Business and Professions Code, as same may be amended from time to time.
"Commercial cannabis business" means any business or operation, which engages in medicinal or adult-use commercial cannabis activity, as authorized by this chapter, as may be amended from time to time by the city, including, the cultivation, manufacturing, testing, distribution, non-storefront retailer-delivery only, and a microbusiness, of medicinal and adult-use cannabis and cannabis products, and the ancillary transportation and delivery of same.
"Commercial cannabis permit" means the regulatory permit issued by the City of Commerce pursuant to this chapter to a commercial cannabis business, and as is required before any commercial cannabis activity may be conducted in the city. The initial permit and five-year renewal of a commercial cannabis permit is made expressly contingent upon the business' ongoing compliance with all requirements of State of California law, this chapter, the City of Commerce Municipal Code, and any regulations adopted by the city governing the commercial cannabis activity at issue, as well as the securing and approval of a development agreement.
"Cultivation" is any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cultivation shall also have the same meaning as in Section 26001(1) of the Business and Professions Code, as same may be amended from time to time. Whenever references to cultivation are made in this chapter, permitted or licensed cultivation shall only be indoors, as outdoor cultivation is expressly prohibited.
"Cultivation site" means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs. Cultivation site shall also have the same meaning as in Section 26001(m) of the Business and Professions Code, as same may be amended from time to time. Whenever references to a cultivation site are made in this chapter, a permitted or licensed cultivation site shall only allow cultivation activities indoors, as outdoor cultivation is expressly prohibited.
"Customer" is a natural person twenty-one years of age or older; or, a natural person eighteen years of age or older who possesses a physician's recommendation, or a primary caregiver. Customer shall also have the same meaning as in Section 26001(n) of the Business and Professions Code, as same may be amended from time to time.
"Day care center" has the same meaning as in Section 1596.76 of the Health and Safety Code, as same may be amended from time to time, and includes 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.
"Development agreement" is the agreement entered into between an applicant and the city authorizing said individual to engage in a commercial cannabis business as authorized in this chapter, within the city's jurisdictional boundaries.
"Delivery" is the commercial transfer of cannabis or cannabis products to a customer. Delivery also includes the use by a retailer of any technology platform owned and controlled by the retailer. Delivery shall also have the same meaning as in Section 26001(p) of the Business and Professions Code, as same may be amended from time to time.
"Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a retailer.
"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensees. Distribution shall also have the same meaning as in Section 26001(r) of the Business and Professions Code, as same may be amended from time to time.
"Distributor" means a person holding a valid commercial cannabis permit for distribution issued by the City of Commerce, and, a valid state license for distribution, 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.
"Edible cannabis product" means a cannabis product that is intended to be used, in whole or in part, for human consumption, and is not considered food. Edible cannabis product has the same meaning as Business and Professions Code Section 26001(t).
"Fire chief" shall means Los Angeles County Fire Department personnel acting as the city's fire chief, or his or her designee, or the city's fire chief.
"Law enforcement agency" refers to the agency charged with enforcing the pertinent laws in the city. The law enforcement agency for the city shall be the Los Angeles County Sheriff's Department. Unless the provisions of the context otherwise require, whenever any provision of this code makes reference to the law enforcement agency of the city, such shall be construed to mean, and deemed to constitute, that person holding the office of chief of police for the city and his or her authorized deputies or officers, as well as all Los Angeles County Sheriffs deputies and officers performing law enforcement functions for the city pursuant to a contract with the city.
"Law enforcement officer" means any law enforcement officer of the city's law enforcement agency, or deputy of the Los Angeles County Sheriff's Department pursuant to a contract with the city, authorized to enforce the city's laws, including those contained in this chapter.
"License or State License" means a license issued by the State of California, or one of its departments or divisions, under MAUCRSA, and any subsequent State of California legislation regarding the same, to lawfully engage in commercial cannabis activity.
"Licensee" means any person holding a license issued by the State of California to conduct commercial cannabis business activities.
"Live plants" means living cannabis flowers and plants including seeds, immature plants, and vegetative stage plants.
"Manager" means 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, or hire and dismiss employees, controls hours of operations, creates policy rules, or purchases supplies.
"M-license" means a license issued by the State of California under MAUCRSA for commercial cannabis activity involving medicinal cannabis.
"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Manufacture shall also have the same meaning as in Section 26001(ag) of the Business and Professions Code, as same may be amended from time to time.
"Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application.
"Manufacturer" means a licensee that 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 at a fixed location that packages or repackages cannabis or cannabis products or labels or re-labels its container. A manufacturer may also be a person that infuses cannabis in its products but does not perform its own extraction. Manufacturer shall also have the same meaning as in Section 26001(ah) of the Business and Professions Code, as same may be amended from time to time.
"Manufacturing site" means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, 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 re-labels its container, and is owned and operated by a person issued a valid commercial cannabis permit for manufacturing from the City of Commerce and, a valid state license as required for manufacturing of cannabis products.
"Medicinal cannabis or medicinal cannabis product" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.
"Microbusiness" means licensees who engage in at least three of the following commercial cannabis activities: cultivation (less than ten thousand square feet), manufacturing (level 1, type 6), distribution, and non-storefront retail-delivery only.
"Operation" means any act for which a license is required under the provisions of the act, or any commercial transfer of cannabis or cannabis products. Operation shall also have the same meaning as in Section 26001 (ak) of the Business and Professions Code, as same may be amended from time to time.
"Owner" means any of the following, or a group or combination of any of the following acting as a unit: (1)
A person with an aggregate ownership interest of 10 percent or more in the person applying for a City of Commerce commercial cannabis permit, whether a partner, shareholder, principal, member, or the like, unless the interest is solely a security, lien, or encumbrance.
(2)
The chief executive officer 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 City of Commerce commercial cannabis permit.
"Patient or qualified patient" means the same definition as California Health and Safety Code Section 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 Section 11362.5.
"Permittee" means any person who has entered into a development agreement with the City of Commerce authorizing said person to engage in a commercial cannabis business within the city's jurisdictional boundaries, which are requirements to secure a City of Commerce commercial cannabis permit.
"Person" means 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.
"Premises" mans 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 conducted. The premises shall be a contiguous area and shall only be occupied by one permittee.
"Public works and development services director" means the director of the city's public works and development services department, or his or her designee.
"Purchaser" means the customer who is engaged in a transaction with a permittee for purposes of obtaining cannabis or cannabis products.
"Regulations" means those regulations prescribed and issued by the State of California, through its respective departments and/or divisions, pursuant to Section 26013 of the Business and Professions Code, including those regulations as found in the California Code of Regulations (including, Title 3, Division 8; Title 16, Division 42; and Title 17, Division 1), as same may be amended from time to time, to implement, interpret, administer and enforce the Act, and providing licensing and enforcement criteria for commercial cannabis activities and businesses.
"Responsible person" means all owners and operators of a commercial cannabis business, including the permittee and all officers, directors, managers, or partners, and all persons with authority, including apparent authority, over the premises of the commercial cannabis business.
"Retailer-storefront" is a storefront retailer of a commercial cannabis business facility 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 to customers at a fixed location, including an establishment that also offers delivery of cannabis and cannabis products as part of a retail sale, which are open to the public, and commonly known as "dispensaries." Within the boundaries of the City of Commerce retailer-storefront shall be strictly prohibited.
"Retailer-delivery only" means a non-storefront, delivery only retailer as a commercial cannabis business facility 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 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 holds a valid commercial cannabis permit from the City of Commerce authorizing the operation of a retailer, and a valid state license as required by state law to operate as a retailer.
"Review committee" means a group member, as designated and assigned by the city administrator, or his or her designee, which may include city employees, agents, and/or representatives, to undertake the task(s) of reviewing and processing applications, as this may further relate to the application review, scoring, and/or selection process as set forth in this chapter, and as this may further relate to the issuance of commercial cannabis permit(s) and/or entering into, and execution of, development agreement(s).
"Sell," "sale," or "to sell" includes any transaction whereby, for any consideration, title to 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.
"State law" means all laws of the State of California, which includes, but are not limited to, all rules, regulations, and policies adopted by State of California agencies, departments, divisions, and regulatory entities, as same may be amended from time to time.
"Testing laboratory" means 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 cannabis activity in the state.
(2)
Licensed by the State of California.
Testing laboratory shall also have the same meaning as in Section 26001(at) of the Business and Professions Code, as same may be amended from time to time.
"Topical cannabis" means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.
"Transport" means 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.
"Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. Youth center shall also have the same meaning as in Section 11353.1 of the Health and Safety Code and Section 26001(av) of the Business and Professions Code, as each may be amended from time to time.
(Ord. No. 700, § 2, 9-4-2018)