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Ordinance No. NS-XXX <br />Page 41 of 68 <br /> <br /> <br />Sec. 40-101. Definitions. <br />(a) "Medical marijuana collective" or "cooperative" or "collective" means any facility <br />otherwise known as a commercial cannabis medicinal retail or retailer, or location <br />where medical marijuana is made available and/or distributed by or to one (1) or <br />more of the following: a primary caregiver, a qualified patient or a person with an <br />identification card in strict accordance with California Health and Safety Code § <br />11362.5 et seq., as sometimes amended. This term shall include any legal form of <br />business recognized in the State of California. A "medical marijuana collective" <br />shall not include the following uses, as long as the location of such uses are <br />otherwise regulated by this Code or applicable law: a clinic licensed pursuant to <br />Chapter 1 of Division 2 of the Health and Safety Code, a health care facility <br />licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a <br />residential care facility for persons with chronic life-threatening illness licensed <br />pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential <br />care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the <br />Health and Safety Code, a residential hospice or a home health agency licensed <br />pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such <br />use complies strictly with applicable law including, but not limited to, Health and <br />Safety Code Section 11362.5 et seq. <br />(b) "Identification card" shall have the same definition as that contained in Health and <br />Safety Code § 11362.7 et seq., as sometimes amended. <br />(c) "Manager" means any person responsible for the establishment, organization, <br />supervision, or oversight of the operation of a Collective, including, but not limited <br />to, members who perform the functions of president, vice-president, director, <br />operating officer, financial officer, secretary, or treasurer. Ability to control one (1) <br />or more of the following functions shall be prima facie evidence that such person <br />is a manager: <br />(1) To hire, select, or separate employees or staff, including volunteers; <br />(2) To acquire facilities, furniture, equipment or supplies other than occasional <br />replenishment of stock; <br />(3) To disburse funds of the business other than occasional expenditures for <br />replenishment of stock; or <br />(4) To make, or participate in making, policy decisions relative to the operations <br />of the business. <br />(d) "Marijuana" shall have the same definition as that contained in Health and Safety <br />Code § 11018 as sometimes amended. <br />(e) "Medical marijuana" shall have the same definition as that contained in Health and <br />Safety Code § 11362.5 et seq., as sometimes amended.