5.30.030 Definitions.
When used in this chapter, the following words shall have the meanings ascribed to them as set forth herein. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this code or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. Any reference to state statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
(1) “Applicant” means the person applying for the retail cannabis business permit under this chapter (not the owners or the managers of the applicant).
(2) “Cannabis” has the same meaning as defined in Chapter 20.88 CMC, Definitions.
(3) “Cannabis business” means a person engaged in commercial cannabis activity.
(4) “Cannabis concentrate” means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter. A cannabis concentrate is not considered food, as defined by Section 109935 of the California Health and Safety Code, or drug, as defined by Section 109925 of the California Health and Safety Code.
(5) “Cannabis product” has the same meaning as defined in Chapter 20.88 CMC, Definitions.
(6) “Caregiver” or “primary caregiver” has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code.
(7) “City manager” means the city manager of the city of Cudahy or his or her designee(s).
(8) “City” means the city of Cudahy, state of California.
(9) “City attorney” means the city attorney of the city of Cudahy or his or her designee(s).
(10) “City council” means the city council of the city of Cudahy.
(11) “Commercial cannabis activity” has the same meaning as defined in Chapter 20.88 CMC, Definitions.
(12) “County” means the county of Los Angeles, state of California.
(13) “Customer” means a natural person 21 years of age or over or a natural person 18 years of age that is a qualified patient or primary caregiver.
(14) “Day care center” or “childcare facility” has the same meaning as defined in Chapter 20.88 CMC, Definitions.
(15) “Delivery” has the same meaning as defined in Chapter 20.88 CMC, Definitions.
(16) “Dispensary” or “retailer” or “cannabis retailer” has the same meaning as defined in Chapter 20.88 CMC, Definitions.
(17) “Dispensing” or “retail sale(s)” has the same meaning as defined in Chapter 20.88 CMC, Definitions.
(18) “Employee” means each natural person employed by a cannabis retailer who is a part-time, full-time, temporary, or permanent employee.
(19) “Gross receipts” means, except as otherwise specifically provided herein, whether designated as a sales price, royalty, rent, commission, dividend, or other designation, the total amount (including all receipts, cash, credits, and property of any kind or nature) received or payable for sales of goods, wares, or merchandise without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor, or service costs, interest paid or payable, losses, or any other expense whatsoever. However, the following shall be excluded from gross receipts:
(a) Cash discounts where allowed and taken on sales;
(b) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
(c) Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;
(d) Receipts derived from the occasional sale of used, obsolete, or surplus trade fixtures, machinery, or other equipment used by the taxpayer in the regular course of the taxpayer’s business;
(e) Cash value of sales, trades, or transactions between departments or units of the same business;
(f) Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a given year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected, they shall be included in the amount of gross receipts for the period when they are recovered;
(g) Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded when in excess of $1.00; and
(h) Any proceeds resulting from a transfer or change of ownership or control in the business.
(20) “Labor peace agreement” means an agreement between a cannabis retailer and any bona fide labor organization that, at a minimum, protects the city’s proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with a cannabis retailer. This agreement means that the cannabis retailer has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the cannabis retailer’s employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the cannabis retailer’s employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment.
(21) “Licensing authority” means a state agency responsible for the issuance, renewal, or reinstatement of state license, or a state agency authorized to take disciplinary action against a state licensee.
(22) “Liquid assets” means assets that can be readily converted into cash. “Liquid assets” include, but are not limited to, the following: funds in checking or savings accounts, certificates of deposit, money market accounts, mutual fund shares, publicly traded stocks, and United States savings bonds. “Liquid assets” does not mean household items, furniture and equipment, vehicles, cannabis or cannabis products, business inventory, or real property and improvements thereto.
(23) “Manager” means any individual who will be participating in the direction, control, or management of an applicant or a permittee, including, but not limited to, any (a) manager or managing member or other officer of a limited liability company or (b) president, chief executive officer, secretary, treasurer, chief financial officer, or other officer of a for profit corporation.
(24) “MAUCRSA” has the same meaning as defined in Chapter 20.88 CMC, Definitions.
(25) “Measure” means the Cannabis Business Accountability Measure.
(26) “Owner” means any of the following:
(a) A person owning in the aggregate equity interests representing 10 percent or more of the voting power of all outstanding equity in the applicant or a permittee;
(b) The president, chief executive officer, secretary, treasurer, or chief financial officer of a nonprofit applicant or permittee; or
(c) A member of the board of directors of a nonprofit applicant or permittee.
Notwithstanding the above, every applicant and permittee must have at least one individual person designated as an “owner” for the purpose of compliance with this chapter, including the review and evaluation of any retail cannabis business permit application.
(27) “Panic button” means an emergency electronic contact device which allows an employee in the event of an ongoing crime, threat, or other emergency to alert a security guard responsible for providing immediate on-scene assistance.
(28) “Patient” or “qualified patient” means a natural person who is entitled to the protections of Section 11362.5 of the California Health and Safety Code and includes a person issued an identification card issued pursuant to Article 2.5 of Chapter 5.30 of Division 10 of the California Health and Safety Code.
(29) “Permittee” or “cannabis permittee” means the holder of a valid, city-issued retail cannabis business permit.
(30) “Person” means an individual or natural person, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.
(31) “Person with an identification card” shall have the meaning given to that term in Section 11362.7 of the California Health and Safety Code.
(32) “Place of religious assembly” has the same meaning as defined in Chapter 20.88 CMC, Definitions.
(33) “Premises” means the designated structure or structures and land specified in the retail cannabis business permit application that is owned, leased, or otherwise held under the control of the applicant or permittee where cannabis retail sales will be or are conducted. The premises shall be a contiguous area and shall only be occupied by one permittee.
(34) “Retail cannabis business permit” means a regulatory permit/license issued by the city pursuant to this chapter to a cannabis retailer and is required before any cannabis retail sales may be conducted in the city and is made expressly contingent upon the cannabis retailer’s ongoing compliance with all of the requirements of this chapter and any regulations adopted by the city governing cannabis retail sales.
(35) “Sale” means any sale, exchange, or barter or other transaction for any consideration.
(36) “School” has the same meaning as defined in Chapter 20.88 CMC, Definitions.
(37) “State” means the state of California.
(38) “State license” means a permit or license issued by the state, or one of its departments or divisions, under MAUCRSA and any subsequent state legislation regarding the same to engage in cannabis retail sales.
(39) “Youth center” has the same meaning as defined in Chapter 20.88 CMC, Definitions. (Ord. 730 § 5, 2022).