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(p) "Outdoor Cultivation' shall mean the planting, cultivating, growing, harvesting, <br />drying, curing, grading or trimming of marijuana plants in any location within the City <br />of Santa Ana that is not within a fully enclosed and secure structure. <br />(q) "Fully enclosed and secure structure" means a space within a building, greenhouse <br />or other structure which has a complete roof enclosure supported by connecting <br />walls extending from the ground to the roof, which is secure against unauthorized <br />entry, provides complete visual screening, and which is accessible only through one <br />or more lockable doors. <br />(r) "Delivery" means the commercial transfer of medical cannabis or medical cannabis <br />products from a dispensary, up to an amount determined to be authorized by the State <br />of California, or any of its departments or divisions, to qualified patients and their <br />caregivers. "Delivery" also includes the use by a dispensary of any technology platform <br />owned, controlled, and/or licensed by the dispensary, or independently licensed by the <br />State of California under the State law (as amended from time to time), that enables <br />anyone to arrange for or facilitate the commercial transfer by a licensed dispensary of <br />medical cannabis or medical cannabis products. For the purposes of this article, <br />"delivery" does not include distribution or purchase of cannabis from a licensed <br />cultivator, and cannabis products from a licensed manufacturer, for sale to a licensed <br />dispensary or a 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 are <br />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 such <br />premises. <br />For the purposes of this section "person" includes a natural person or legal entity, <br />and the owners, majority stockholders, corporate officers, trustees, and general <br />partners of a legal entity. <br />Ordinance No. NS -XXX <br />Page 28 of 33 <br />11 B-30 <br />