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Item 22 - Ordinance Second Reading - Commercial Cannabis Amendments
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Item 22 - Ordinance Second Reading - Commercial Cannabis Amendments
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Agenda Packet
Agency
Clerk of the Council
Item #
22
Date
10/4/2022
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Ordinance No. NS-XXX <br />Page 6 of 68 <br /> <br /> <br />The definitions are incorporated herein as fully set forth and are applicable to this article. <br />All definitions are intended to comply with those set forth by the State of California for all <br />commercial cannabis business activities. <br />1. "Applicant" means a person who is required to file an application for a permit under <br />this article, including an individual owner, managing partner, officer of a corporation, <br />or any other operator, manager, employee, or agent of a commercial cannabis <br />business. "Adult-Use" means cannabis or cannabis products that are intended to be <br />used for non-medicinal purposes by a person twenty-one (21) years of age or older. <br />3. "Adult-Use Cannabis Retailer Operating Agreement" or "Operating Agreement" <br />means the agreement entered into by and between the City and the commercial <br />cannabis business operator which will specify terms for local hiring and sourcing, <br />community benefit plans, and fees to compensate for authorized impacts on City <br />services. <br />4. "Adult-Use cannabis retail business" means an Adult-Use retail business that obtains <br />a Regulatory Safety Permit and engages in the delivery or sale of Adult-Use cannabis, <br />or an Adult-Use cannabis product, except as related Business and Professions Code <br />Section 19319, or Health and Safety Code Sections 11362.1 through 11362.45, as <br />amended from time to time, excepting medicinal cannabis retail. <br />5. "Authorized City of Santa Ana representative" means any police officer, city employee, <br />contractor or agent of the city designated by the director of any city department which <br />has the authority and responsibility to enforce provisions as set forth in this article. <br />6. "Business owner" means any of the following: <br />a) A person with an aggregate ownership interest of twenty (20) percent or more in <br />the person applying for a license or a licensee, unless the interest is solely a <br />security, lien, or encumbrance. <br />b) The chief executive officer of a nonprofit or other entity. <br />c) A member of the board of directors of a nonprofit. <br />d) An individual who will be participating in the direction, control, or management of <br />the person applying for a license. <br />7. "Cannabis" or "cannabis product" means all parts of the Cannabis sativa Linnaeus, <br />Cannabis Indica, or Cannabis Ruderalis, whether growing or not; the seeds thereof; <br />the resin, whether crude or purified, extracted from any part of the plant; and every <br />compound, manufacture, salt, derivative, mixture, or preparation of the plant, its <br />seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, <br />obtained from marijuana. "Cannabis" also means marijuana as defined by Section <br />11018 of the California Health and Safety Code as enacted by Chapter 14017 of the <br />Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber
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