§ 5.90.020. Application and definitions.

This Chapter applies to persons or entities that seek to engage in or are engaging in commercial cannabis activity. For purposes of this Chapter, "commercial cannabis activity" is defined by California Business and Professions Code section 19300.5(k) and includes the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of medical cannabis or a medical cannabis product. The definitions set forth in California Business & Professions Code section 19300.5 and Health and Safety Code Sections 11362 et seq. shall apply to this Chapter and are hereby incorporated by reference. The following definitions shall apply to this Chapter:

"Applicant" means the following: (1) The owner or owners of a proposed Medical Marijuana Business, including all persons or entities having an ownership interest greater than ten (10) percent in the business; (2) If the owner is an entity, "owner" includes within the entity each person participating in the direction, control, or management of, or having an ownership interest greater than ten percent (10%) in the proposed business; (3) If the Applicant is a publicly traded company, "owner" means the chief executive officer or any person or entity with an aggregate ownership interest greater than ten percent (10%).

"Bona Fide Labor Organization" means a labor union that represents or is actively seeking to represent medical marijuana workers in the City of Long Beach.

"Business License Permit" shall mean both the business license issued by the City Manager for Business Tax purposes pursuant to Chapter 3.80 of this Code and the business permit issued by the City Manager pursuant to Title 5 of this Code, to a Medical Marijuana Business.

"Business Manager" means the individual designated by the owner of the Medical Marijuana Business as the person responsible for operations of the business in the absence of the owner from the business property. Business manager shall include any person with managerial authority in the business.

"Chief of Police" shall mean the Chief of the Long Beach Police Department or his or her designee.

"City Manager" shall mean the City of Long Beach's City Manager, or his or her designee.

The "Cultivation Canopy" shall be the square footage of the aggregate area of vegetative growth of live marijuana plants on the premises.

"Labor peace agreement" shall have the same meaning as in the California Business and Professions Code, Section 19300.5(v).

"Management Employee" shall mean an employee of a Medical Marijuana Business responsible for the establishment, organization, registration, supervision, or oversight of the operation of the business, including but not limited to, employees who perform the functions of president, vice president, director, operating officer, financial officer, secretary, treasurer, or manager of the business.

"Marijuana" shall have the same definition provided in Health and Safety Code § 11018 (as may be amended). Without limiting the definition, "Marijuana" also means "Cannabis".

"Medical Marijuana Business" means: (1) Any entity or association of four (4) or more individuals that cultivates, produces, manufactures, sells, distributes, possesses, transports, delivers, or makes available medical marijuana to qualified patients and their designated primary caregivers who associate at a particular location or Property within the boundaries of the City of Long Beach to collectively cultivate or distribute medical marijuana in accordance with California Health and Safety Code § 11362.5 et seq., the State MMRSA, or this Chapter. For purposes of this Chapter, the term medical marijuana cooperative, collective, facility, or dispensary shall have the same meaning as Medical Marijuana Business. Medical Marijuana Business includes, but is not limited to, dispensary storefront locations, cultivation facilities, and medical marijuana product manufacturers; (2) Any person that cultivates, produces, sells, distributes, possesses, transports or delivers more than six (6) mature marijuana plants or twelve (12) immature marijuana plants, and eight (8) ounces of a useable form of marijuana for medical use, pursuant to California Health and Safety Code § 11362.5 et seq.; (3) The term Medical Marijuana Business shall not include the private possession, production, or medical use of no more than six (6) mature marijuana plants or twelve (12) immature marijuana plants, and eight (8) ounces of a useable form of marijuana by a patient or caregiver.

"Medical marijuana-infused product" means a marijuana infused, edible, ingestible, or inhalable product, including but not limited to topical solutions and vaporizers.

"Park" or "Public Park" shall mean publicly owned natural or open areas set aside for active public use for recreational, cultural or community service activities.

"Priority Group 1 Applicant" and "Priority Group 2 Applicant" shall mean the entity that filed the original application under former Chapter 5.87. The Management Employees or owner(s) (as defined herein) represented on the Chapter 5.87 application are not required to participate in any application submitted pursuant to this Chapter.

"Property" shall mean the location or locations within the City of Long Beach at which a Medical Marijuana Business is operated.

"Regulatory implementation of the MMRSA" shall mean the date the State first accepts applications for licenses for Medical Marijuana Businesses pursuant to the MMRSA for the applicable license.

"State license," or "registration" means a State license issued by the State of California pursuant to the State's MMRSA for the purpose of engaging in any form of commercial cannabis activity.

( Measure MM § 4, 11-8-2016)