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Item 35 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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Item 35 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
35
Date
5/3/2022
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Ordinance No. NS-XXX <br />Page 41 of 73 <br /> <br /> <br />unauthorized entry, provides complete visual screening, and which is accessible <br />only through one (1) or more lockable doors. <br />(r) "Delivery" means the commercial transfer of medical cannabis or medical <br />cannabis products from a dispensary, up to an amount determined to be <br />authorized by the State of California, or any of its departments or divisions, to <br />qualified patients and their caregivers. "Delivery" also includes the use by a <br />dispensary of any technology platform owned, controlled, and/or licensed by the <br />dispensary, or independently licensed by the State of California under the State <br />law (as amended from time to time), that enables anyone to arrange for or facilitate <br />the commercial transfer by a licensed dispensary of medical cannabis or medical <br />cannabis products. For the purposes of this article, "delivery" does not include <br />distribution or purchase of cannabis from a licensed cultivator, and cannabis <br />products from a licensed manufacturer, for sale to a licensed dispensary or a <br />wholesale establishment. <br />(s) "Dispensary" means a premises where medical cannabis or medical cannabis <br />products, or devices for the use of medical cannabis or medical cannabis products <br />are offered, either individually or in any combination, for retail sale, including an <br />establishment that delivers, pursuant to Business and Professions Code § 19340, <br />medical cannabis and medical cannabis products as part of a retail sale. <br />(t) "Responsible person" means any of the following: <br />(1) A person who causes a Code violation to occur. <br />(2) A person who maintains or allows a Code violation to continue, by his or her <br />action or failure to act. <br />(3) A person whose agent, employee, or independent contractor causes a Code <br />violation by its action or failure to act. <br />(4) A person who is the owner of, and/or a person who is a lessee or sub lessee <br />with the current right of possession of, real property where a property-related <br />Code violation occurs. <br />(5) A person who is the on-site manager of a business who normally works daily <br />at the site when the business is open and is responsible for the activities of <br />such premises. <br />For the purposes of this section "person" includes a natural person or legal <br />entity, and the owners, majority stockholders, corporate officers, trustees, and <br />general partners of a legal entity. <br />(u) "Distribution" means the procurement, sale and transport of cannabis and <br />cannabis products between entities licensed pursuant to the Medicinal and Adult- <br />Exhibit 1
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