§ 128.03 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 include any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.

APPLICANT. The person applying for the retail cannabis business permit under this chapter (not the owners or the managers of the applicant).

CANNABIS. Has the same meaning as defined in Chapter 127 of the City Municipal Code.

CANNABIS BUSINESS. A person engaged in commercial cannabis activity.

CANNABIS CONCENTRATE. 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 § 109935 of the State Health & Safety Code, or drug, as defined by § 109925 of the State Health & Safety Code.

CANNABIS PRODUCT. Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

CALENVIROSCREEN. The California Communities Environmental Health Screening Tool or any successor screening methodology used by the Office of Environmental Health Hazard Assessment.

CAREGIVER or PRIMARY CAREGIVER. Has the same meaning as that term is defined in § 11362.7 of the State Health & Safety Code.

CHIEF EXECUTIVE OFFICER. The Chief Executive Officer of the City of Baldwin Park or his or her designee(s).

CHIEF OF POLICE. The Police Chief of the City of Baldwin Park Police Department or his or her designee(s). CITY. The City of Baldwin Park, State of California.

CITY ATTORNEY. The City Attorney of the City of Baldwin Park or his or her designee(s). CITY COUNCIL. The City Council of the City of Baldwin Park.

COMMERCIAL CANNABIS ACTIVITY. Has the same meaning as defined in Chapter 127 of the City Municipal Code.

COMMERCIAL CANNABIS PRODUCTION ACTIVITY. Has the same meaning as defined in Chapter 127 of the City Municipal Code.

COUNTY. The County of Los Angeles, State of California.

CUSTOMER. 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.

DAY-CARE. Has the same meaning as defined in Chapter 127 of the City Municipal Code.

DELIVERY. The commercial transfer of cannabis or cannabis products to a customer. DELIVERY also includes the use by a retailer of any technology platform owned and controlled by the retailer.

DISPENSARY or RETAILER or CANNABIS RETAILER. A location where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale or cannabis business that dispenses cannabis, cannabis products, or devices for the use of cannabis or cannabis products, including a cannabis business that delivers cannabis and cannabis products.

DISPENSING or RETAIL SALE(S). Any commercial cannabis activity involving the retail sale of cannabis or cannabis products from a retailer.

EDIBLE CANNABIS PRODUCT. A cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with § 32501) of the State Food & Agriculture Code. An edible cannabis product is not considered food, as defined by § 109935 of the State Health & Safety Code, or drug, as defined by § 109925 of the State Health & Safety Code. An edible cannabis product shall not be deemed to be adulterated pursuant to § 26131 of the State Business & Professions Code solely because it contains cannabis.

EMPLOYEE. Each natural person employed by a cannabis retailer who is a part-time, full-time, temporary, or permanent employee.

LABOR PEACE AGREEMENT. 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.

LICENSING AUTHORITY. 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.

MANAGER. Any individual who will be participating in the direction, control, or management of an applicant or a permittee, including but not limited to, any (i) manager or managing member or other officer of a limited liability company or (ii) president, chief executive officer, secretary, treasurer, chief financial officer, or other officer of a for profit corporation.

MARIJUANA. See CANNABIS as that term is defined in this chapter.

MAUCRSA. Division 10 (commencing with § 26000) of the State Business & Professions Code and any regulations promulgated thereunder.

MEASURE. The Baldwin Park Marijuana Retail Sales Regulation and Taxation Measure.

OWNER. Any of the following:

(1) A person owning in the aggregate equity interests representing 20% or more of the voting power of all outstanding equity in the applicant or a permittee;

(2) The president, chief executive officer, secretary, treasurer, or chief financial officer of a nonprofit applicant or permittee; or

(3) 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.

PANIC BUTTON. 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. PATIENT or QUALIFIED PATIENT. A natural person who is entitled to the protections of § 11362.5 of the State Health & Safety Code and includes a person issued an identification card issued pursuant to Article 2.5 of Chapter 128 of Division 10 of the State Health & Safety Code.

PERMITTEE. The holder of a valid, city-issued retail cannabis business permit.

PERSON. 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.

PERSON WITH AN IDENTIFICATION CARD. Shall have the meaning given to that term in § 11362.7 of the State Health & Safety Code.

PREMISES. 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 is conducted. The premises shall be a contiguous area and shall only be occupied by one permittee.

RETAIL CANNABIS BUSINESS PERMIT. 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.

SALE. Any sale, exchange, or barter or other transaction for any consideration.

SCHOOL. As evidenced by the State Department of Education school directory, a public school instructing children in grades kindergarten through 12, as authorized by the State Department of Education or a private school instructing children in grades kindergarten through 12 that has filed a verification of private school affidavit with the State

Department of Education pursuant to § 33190 of the State Education Code, excluding any private school in which education is primarily conducted in a private home. Pursuant to the authority delegated by the state to the city under § 26054(b) of the State Business & Professions Code, this definition of SCHOOL under this chapter shall override the definition of “school” used in MAUCRSA or § 11362.768 of the Health & Safety Code.

SOCIAL EQUITY APPLICANT. An individual or natural person that meets criteria, or the aggregate ownership interest of 51% in an entity by an individual or natural person that meets criteria, established by the City Council, pursuant to the procedures set forth in the State Government Code and the City Municipal Code and without prior approval of the electorate, by the adoption or amendment of one or more ordinances, provided that such ordinance or amendment is adopted by a two-thirds vote of the entire membership of the City Council and meets the following minimum standards:

(1) An individual or natural person from a low-income household and has either (1) a past conviction for a cannabis crime or (2) an immediate family member with a past conviction for a cannabis crime is a “social equity applicant”;

(2) An individual or natural person from a low-income household in a zip code identified as at least 60% according to CalEnviroScreen for a five consecutive year period and has either (1) a past conviction for a cannabis crime or (2) an immediate family member with a past conviction for a cannabis crime is a “social equity applicant”; and

(3) An individual or natural person from a low-income household and has either (1) five years cumulative residency in a zip code identified as at least 70% according to the CalEnviroScreen or (2) ten years cumulative residency in a zip code identified by CalEnviroScreen is a “social equity applicant”.

STATE. The State of California.

STATE LICENSE. 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.

TOPICAL CANNABIS. A cannabis product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by § 109925 of the State Health & Safety Code. YOUTH CENTER. Has the same meaning as defined in Chapter 127 of the City Municipal Code. (Ord. 1501, passed 4-5-23)