§ 127.02 DEFINITIONS.

Unless otherwise defined herein, the terms in this chapter shall have the same meaning as set forth in the MAUCRSA ("Medicinal and Adult-Use Cannabis Regulation and Safety Act") and any rules promulgated under it. In addition, the following terms shall be defined as follows:

ADULT-USE CANNABIS. The use of cannabis for recreational purposes as distinguished from cannabis for medicinal purposes.

ADULT-USE CANNABIS LICENSEE. Has the same meaning as that term A-LICENSEE as defined by § 26001(b) of the Cal. Business and Professions Code.

APPLICANT. Has the same meaning as that term is defined by § 26001(d) of the Cal. Business and Professions Code.

CANNABIS. Has the same meaning as that term is defined by § 26001(f) of the Cal. Business and Professions Code.

CANNABIS BUSINESS. Has the same meaning as defined in Chapter 128 of the City Municipal Code. CITY. The City of Baldwin Park, California.

CHIEF EXECUTIVE OFFICER. The Chief Executive Officer of the city or a duly authorized designee.

CODE. The Baldwin Park Municipal Code or the BPMC.

COMMERCIAL CANNABIS ACTIVITY. Has the same meaning as that term is defined by § 26001(l) of the Cal. Business and Professions Code, including the exclusion in § 19319 of the Cal. Business and Professions Code.

COMMERCIAL CANNABIS PRODUCTION ACTIVITY. All forms of commercial cannabis activity except delivery, dispensing, and retail sale(s). “Delivery,” “dispensing,” and “retail sales” are defined in Chapter 128 of the City Municipal Code.

CULTIVATION SITE. Has the same meaning as that term is defined by § 26001(n) of the Cal. Business and Professions Code.

DAY-CARE. Any child day care facility other than a family day care home and includes infant centers, preschools, extended day care facilities, and school-age child care centers.

DEVELOPMENT AGREEMENT. Commercial cannabis agreement.

DELIVERY. Has the same meaning as defined in Chapter 128 of the City Municipal Code. DISPENSING. Has the same meaning as defined in Chapter 128 of the City Municipal Code.

DISTRIBUTION. Has the same meaning as that term is defined by § 26001(t) of the Cal. Business and Professions Code.

DWELLING UNIT. Any building or portion thereof designed for living and sleeping purposes that contains independent cooking and sanitation facilities.

ENCLOSED LOCKED STRUCTURE. A structure that: (1) does not allow for the visibility of the interior from the outside; (2) is secured with a non-residential lock; (3) is completely surrounded on all sides by a wall (i.e., fully enclosed); and (4) is roofed. ENCLOSED LOCKED STRUCTURES may include greenhouses, provided that only the roof of the greenhouse is made of transparent glass. All enclosed locked structures shall comply with the city and state building codes, city and state fire codes, and all other applicable laws.

GOOD CAUSE. For purposes of denying an initial license under this chapter, for revoking a permit, or for denying a permit renewal or reinstatement, means at least one of the following:

(1) The applicant has not obtained approval by the City Council of a development agreement setting forth the general terms for the operation of a business under this chapter or a licensee breaches the terms of an applicable development agreement;

(2) The applicant or licensee has violated any of the terms, conditions, or provisions of this chapter, state law, any regulations promulgated under state law, any applicable local ordinances or rules, or any special terms or conditions placed upon its state license, local license, or permit;

(3) The licensed premises has been or is operated in a manner that adversely affects the public health, safety, or welfare of the immediate neighborhood in which the establishment is located;

(4) The applicant or licensee has knowingly made false statements, misrepresentations or material omissions on an application form, renewal form, or any other document submitted to the city;

(5) The applicant or licensee's criminal history does not indicate that the applicant or licensee is of good moral character; or the applicant or licensee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that, if the local licensing authority has issued a local license to the applicant or licensee, the city shall not consider any criminal history of the applicant or licensee that was disclosed to or discovered by the local licensing authority prior to the issuance of the local license and is confirmed by the applicant. For any criminal history that was not disclosed to or discovered by the local licensing authority prior to the issuance of the local license or that arose after the issuance of the local license, the city shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant or licensee and shall evaluate the suitability of the applicant or licensee to be issued a permit based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the city shall consider the factors as set forth in § 26057(b)(4) of the Cal. Business and Professions Code;

(6) The applicant or licensee is employing or allowing to volunteer any person whose criminal history indicates that person is not of good moral character;

(7) The applicant or licensee fails to allow inspection of the security recordings, activity logs, or business records of the licensed premises by city officials; or

(8) An applicant or licensee is a licensed physician providing written recommendations to patients for cannabis. GOOD MORAL CHARACTER. Having a personal history that demonstrates the propensity to serve the public in the licensed area in a manner that reflects openness, honesty, fairness, and respect for the rights of others and for the law. In determining good moral character, the following standards apply:

r licensee is a licensed physician providing written recommendations to patients for cannabis. GOOD MORAL CHARACTER. Having a personal history that demonstrates the propensity to serve the public in the licensed area in a manner that reflects openness, honesty, fairness, and respect for the rights of others and for the law. In determining good moral character, the following standards apply:

(1) A judgment of guilt in a criminal prosecution or a judgment in a civil action shall not be used, in and of itself, as proof of an individual's lack of good moral character. Such judgment may be used as evidence in the determination, and when so used, the individual shall be notified and shall be permitted to rebut the evidence by showing that, at the current time, he or she has the ability to and is likely to serve the public in a fair, honest and open manner, that he or she is rehabilitated, or that the substance of the former offense is not substantially related to the occupation or profession for which he or she seeks to be licensed.

(2) Notwithstanding Chapter 2 of Division 1.5 of the Cal. Business and Professions Code, a prior conviction where the sentence, including any term of probation, incarceration, or supervised release is completed for possession of, possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance, is not considered substantially related, and shall not be the sole ground for denial of a local license, except that any of the following convictions shall be deemed substantially related and may be the sole grounds for denying a local license or permit: (a) A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance;

(b) A felony conviction for selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;

(c) A felony conviction for drug trafficking with enhancements pursuant to § 11370.4 or § 11379.8 of the Cal. Health and Safety Code; or

(d) Conviction for any controlled substance felony subsequent to issuance of a permit shall be grounds for revocation of a permit or denial of the renewal of a permit.

IMMATURE MARIJUANA PLANT. A marijuana plant, whether male or female, that has not yet flowered and that does not yet have buds that are readily observed by unaided visual examination. This is distinguished from a “mature” plant, which has flowered and has buds.

LICENSE. A permit to operate a commercial cannabis business unless clearly indicated by context that “LICENSE” means city business license.

LICENSED PREMISES. The designated area on a single or immediately adjoining parcel(s), as identified by valid street address and Assessor Parcel Number, specified in an application for a permit under this chapter, which is owned or in the possession of the applicant or licensee and within which the applicant or licensee is applying for authorization to cultivate, manufacture, distribute, test, or is applying for multiple permitted uses, in accordance with the provisions of this chapter, the MAUCRSA, any development agreement approved by City Council, and any rules adopted pursuant thereto.

LICENSEE. A person who has been issued a commercial cannabis business permit under this chapter for a licensed premises.

LIMITED ACCESS AREA. A building, room, or other area that is part of the licensed premises whose access is limited to certain authorized persons.

MANUFACTURE. To compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

MANUFACTURER. A licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

MEDICINAL AND ADULT-USE CANNABIS REGULATION AND SAFETY ACT or MAUCRSA. Means Division 10 of the Cal. Business and Professions Code.

MEDICINAL CANNABIS. Has the same meaning as that term is defined by § 26001(ak) of the Cal. Business and Professions Code.

MEDICAL CANNABIS BUSINESS. Any person engaged in commercial production activity.

OUTDOORS. Any location within the city that is not within an enclosed structure.

OWNER. Any of the following, pursuant to § 26001(ao) of the Cal. Business and Professions Code:

• (1) A person with an aggregate ownership interest of 20% or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.

• (2) The Chief Executive Officer of a nonprofit or other entity.

• (3) A member of the Board of Directors of a nonprofit.

• (4) An individual who will be participating in the direction, control, or management of the person applying for a license.

PERMIT. A cannabis permit that authorizes an entity to conduct commercial cannabis activity under this chapter.

PERSON. Has the same meaning as that term is defined by § 26001(ag) of the Cal. Business and Professions Code. PHYSICIAN. An individual who possesses a license in good standing to practice medicine or osteopathy from the State of California.

RETAIL SALES. Has the same meaning as defined in Chapter 128 of the City Municipal Code.

SOCIAL EQUITY APPLICANT. Has the same meaning as that term is defined in Chapter 128 of the City Municipal Code.

STATE LAW. Means and includes Cal. Health and Safety Code, § 11362.5 (Compassionate Use Act of 1996); Cal. Health and Safety Code §§ 11362.7 to 11362.83 (Medical Marijuana Program Act); the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008, as such guidelines may be revised from time to time by action of the Attorney General; MAUCRSA, and all other applicable laws of the State of California.

STATE LICENSE. Has the same meaning as that term is defined by § 26001(a) of the Cal. Business and Professions Code.

STATE LICENSING AUTHORITY. Shall mean the Bureau of Cannabis Control within the State Department of Consumer Affairs, the State Department of Public Health, State Department of Food and Agriculture, or any other state agency responsible for the issuance, renewal, or reinstatement of a state license issued pursuant to Division 10 of the Cal. Business and Professions Code or any state agency authorized to take disciplinary action against such local license.

WRITTEN DOCUMENTATION. Shall have the meaning set forth in § 11362.7(i) of the Cal. Health and Safety Code.

YOUTH CENTER. Any public or private facility that is primarily used to host social activities for minors, including, but not limited to, social service teenage club facilities, video arcades, or similar amusement park facilities. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21; Am. Ord. 1501, passed 4-5-23)