Long Beach Municipal Code Div. I Purpose and Definitions

It is the purpose and intent of this Chapter to:

A. Regulate the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, and sale of cannabis goods for adults twenty-one (21) years of age and over, and co-located medicinal and adult-use commercial cannabis activities, in a manner that promotes and protects the health, safety, and welfare of the residents, neighborhoods, and businesses in the City and mitigates the costs to the community for the oversight of these activities.

B. Enforce rules and regulations consistent with State law pursuant to the MAUCRSA and any related or successor laws and regulations implemented by the State or any of its departments or divisions.

C. Regulate commercial cannabis activity in the City concurrently with the State.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

A. Legal authority. Pursuant to Sections 5 and 7 of Article XI of the California Constitution and provisions of the MAUCRSA, as it may be amended from time to time and any subsequent State legislation or regulations regarding same, the City is authorized to adopt ordinances that establish standards, requirements, and regulations for local licenses and permits for commercial cannabis activity involving adult-use cannabis. Any standards, requirements, and regulations regarding health and safety, security, welfare, and worker protections established by the State, or any of its departments or divisions, are the minimum standards applicable to commercial cannabis activity in the City.

B. Conflict of law. This Chapter is not intended to interfere with, abrogate, or annul any other ordinance, resolution, regulation, statute, or other provision of law. In the event of any conflict between the provisions of this Chapter and any other applicable State or local law or regulation, the more restrictive provision shall control.

C. Nothing in this Chapter is intended, nor shall it be construed to:

1. Interfere with an employer's rights and obligations to maintain a drug and alcohol free workplace or require an employer to allow or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of cannabis in the workplace, or affect the ability of an employer to have policies prohibiting the use of cannabis by employees or prospective employees, or prevent employers from complying with local, State, or federal law.

2. Interfere with the right of any property owner from restricting or prohibiting any of the actions or conduct otherwise permitted under California Health and Safety Code Section 11362.1 on said property owner's privately owned real property.

3. Condone or legalize the possession, use, consumption, transportation, sale, or any other use of cannabis or cannabis products that are otherwise prohibited under State law.

4. Require the City to allow, permit, license, authorize, or otherwise regulate commercial cannabis activity, or to abridge the City's police power with respect to enforcement regarding commercial cannabis activity, or to restrict or otherwise limit the enforcement authority conferred upon the City, or any State agency, by other provisions of this Code or State law.

5. Exempt any commercial cannabis activity from any applicable local and State building, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.

D. Adult-Use Cannabis Businesses, adult-use commercial cannabis activity, and Co-Located Cannabis Businesses shall only be allowed in compliance with this Chapter and all applicable provisions set forth in this Code, including but not limited to, the cannabis business tax ordinance pursuant to Chapter 3.80 of this Code, and all regulations governing the land use, building, grading, plumbing, septic, electrical, fire, hazardous materials, nuisance, and public health and safety.

E. If the State prohibits the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of cannabis goods through Adult-Use Cannabis Businesses, or if a court of competent jurisdiction determines that the federal government's prohibition of the sale, cultivation, manufacture, possession, or other distribution of cannabis goods through Adult-Use Cannabis Businesses supersedes State law, any permit issued pursuant to this Chapter shall be deemed to be immediately revoked by operation of law with no ground for appeal, or other redress, on behalf of any Adult-Use Cannabis Business.

(ORD-22-0015 § 4, 2022; ORD-18-0015 § 6(Exh. F), 2018)

The definitions set forth in the California Business and Professions Code Section 26000 et seq. shall apply to this Chapter and are hereby incorporated by reference. Any reference to State statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the reference statute or regulatory provision. Unless otherwise defined herein, and unless otherwise clearly apparent from the context, the following terms as used in this Chapter shall have the meanings set forth in this Section:

A. "Accreditation Body" means an impartial non-profit organization that operates in conformance with the International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC) standard 17011 and is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement (MRA) for Testing.

B. "Administrative Hold" means an order by the City Manager prohibiting the movement, removal, transport, use, treatment, or disposal of a material that is, or is suspected of being, adulterated, misbranded, or hazardous waste that is being mismanaged or that the City Manager has reason to suspect is, or will be, managed in violation of this Chapter.

C. "Adulterated" shall have the same meaning as California Business and Professions Code Section 26131.

D. "Adult-Use Cannabis" means cannabis or cannabis products for adults twenty-one (21) years of age or older who do not possess a physician's recommendation.

E. "Adult-Use Cannabis Business" means any person, entity, or operation, in whole or in part, whether operating for-profit or not-for-profit, and all associated owners, employees, managers, and agents, engaged in adult-use commercial cannabis activity.

F. "Adult-Use Cannabis Business Permit" or "Permit" means one (1) document issued by the City to reflect the regulatory business permit issued pursuant to the provisions of this Chapter and Title 5 of this Code, and a business license issued pursuant to Chapter 3.80 of this Code, authorizing the holder thereof to operate an Adult-Use Cannabis Business and to conduct adult-use commercial cannabis activities.

G. "Applicant" means a person or entity who has submitted an application for an Adult-Use Cannabis Business Permit pursuant to this Chapter, including any individual, officer, director, partner, or other duly authorized representative applying on behalf of an entity.

H. "Batch" means a specific quantity of homogeneous cannabis or cannabis product that is either a harvest batch or a manufactured cannabis batch.

I. "Batch Number" or "Lot Number" means any distinct group of numbers, letters, or symbols, or any combination thereof, assigned to a unique group of cannabis goods, from which the complete history of the commercial cannabis activity involving the cannabis goods can be determined, as required by State law.

J. "Cannabinoid" means any of the chemical compounds that are the active principles of cannabis.

K. "Cannabis" or "Plant" means all of the following:

1. All parts of the plant cannabis sativa Linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.

2. The separated resin, whether crude or purified, obtained from cannabis.

3. "Cannabis" as defined by California Health and Safety Code Section 11018.

4. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

5. For purposes of this Chapter, "Cannabis" does not mean industrial hemp as defined by California Health and Safety Code Section 11018.5.

L. "Cannabis Concentrate" or "Concentrate" means cannabis that has undergone a process to concentrate one (1) or more active cannabinoids, thereby increasing the product's potency. For purposes of this Chapter, "Cannabis Concentrate" includes, but is not limited to, the separated resin obtained from cannabis, whether crude or purified, tinctures, capsules, suppositories, extracts, and vape cartridges. "Cannabis Concentrate" is not considered food, as defined by California Health and Safety Code Section 109935, or a drug, as defined by California Health and Safety Code Section 109925.

M. "Cannabis Facility" or "Facility" means a permanent structure in a fixed location that contains the permitted premises of one (1) Commercial Cannabis Business or where the permitted premises of two (2) or more Commercial Cannabis Businesses are located.

N. "Cannabis Goods" means cannabis and/or cannabis products.

O. "Cannabis Product" or "Manufactured Cannabis Product" or "Product" means cannabis that has undergone a process whereby the plant material is transformed into a concentrate for internal consumption or topical application, including, but not limited to, concentrated cannabis, an edible cannabis product, or a topical cannabis product containing cannabis or concentrated cannabis in combination with other ingredients.

P. "Cannabis Public Health Permit" means a written authorization issued by the Long Beach Health Department to operate an Adult-Use Cannabis Business pursuant to this Chapter.

Q. "Cannabis Special Event" means a temporary event where the onsite sale and consumption of cannabis goods is authorized in accordance with all applicable laws and regulations, including but not limited to, this code, California Business and Professions Code Sections 26000 et seq., Department of Cannabis Control regulations including Code of California Regulations Title 4, Chapter 5, and all other applicable State, federal and local laws and regulations.

R. "Cannabis Special Event Organizer" means a person who authorized by the Department of Cannabis Control to hold a cannabis event in accordance with the California Code of Regulations, Title 4, Chapter 5.

S. "Cannabis Special Event Vendor" means a "Dispensary" or "Retailer" licensed by the City who is authorized to sell "Cannabis Goods" at a Cannabis Special Event.

T. "Cannabis Waste" means waste that is generated from a commercial cannabis activity that contains cannabis or cannabis products.

U. "Canopy" means the designated area(s) at a permitted premises, except nurseries, that will contain mature plants at any point in time. The total area of the canopy shall be calculated and measured using the method(s) required by the State Department of Food and Agriculture.

V. "Certificate of Accreditation" means a certificate issued by an accreditation body that attests to a Laboratory's competence to carry out specific testing analysis.

W. "City" means the City of Long Beach.

X. "City Attorney" means the City Attorney of the City of Long Beach and his or her designee.

Y. "City Health Officer" means the City Health Officer of the City of Long Beach, his or her designee, or any other person exercising the duties of City Health Officer for the City of Long Beach.

Z. "City Manager" means the City Manager of the City of Long Beach and his or her designee.

AA. "Co-Located Cannabis Business" means any person, entity, or operation, in whole or in part, whether operating for-profit or not-for-profit, and all associated owners, employees, managers, or agents engaged in both adult-use and medicinal commercial cannabis activities on the same permitted premises for one (1) identical type of commercial cannabis activity.

BB. "Code" means the Long Beach Municipal Code.

CC. "Commercial Cannabis Activity" or "Commercial Cannabis Activities" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, making available, or sale of cannabis goods.

DD. "Commercial Cannabis Business" means any person, entity, or operation, in whole or in part, whether operating for-profit or not-for-profit, and all associated owners, employees, managers, or agents that engages in adult-use commercial cannabis activity or adult-use and medicinal commercial cannabis activity from one (1) premises.

EE. "Common-Use Area" means any area of a cannabis manufacturer's licensed shared-use facility, including equipment that is available for use by more than one licensee, provided that the use of a common-use area is limited to one licensee at a time.

FF. "Component" means any substance or item intended for use in the manufacture of a cannabis product, including those substances or items that are not intended to appear in the final form of the product. "Component" may include cannabis, cannabis products used as ingredients, other ingredients, and processing aids.

GG. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries.

HH. "Cultivation Area" means the combined total number of square feet on one (1) premises dedicated to the cultivation of living cannabis plants, including, but not limited to, any areas dedicated to the vertical and/or horizontal cultivation of cannabis.

II. "Cultivation Site" means a permanent structure in a fixed location that contains a permitted premises where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a premises where any combination of those activities occurs.

JJ. "Cultivator" means any person, entity, or operation, in whole or in part, whether operating for-profit or not-for-profit, and all associated owners, employees, managers, and agents engaged in planting, growing, harvesting, drying, curing, grading, or trimming cannabis, including a nursery which produces clones, immature plants, seeds, or other agricultural products specifically for the planting, propagation, or cultivation of cannabis.

KK. "Customer" means a natural person twenty-one (21) years of age or older or a natural person eighteen (18) years of age or older who possesses a physician's recommendation.

LL. "Day Care Center" shall have the same meaning as in California Health and Safety Code Section 1596.76.

MM. "Delivery" means the commercial transfer of cannabis goods by a Dispensary to a customer at a physical address. "Delivery" also includes the use of any technology platform by a Dispensary that is also owned, leased, or controlled by the Dispensary.

NN. "Delivery Employee" means an employee of a Dispensary who delivers cannabis goods from the premises of a Dispensary to a customer at a physical address. "Department of Cannabis Control" means the division of the State Department of Consumer Affairs responsible for licensing and regulating cannabis businesses in California.

OO. "Department of Cannabis Control" means the division of the State Department of Consumer Affairs responsible for licensing and regulating cannabis businesses in California.

PP. "Designated Area" means the area of a cannabis manufacturer's licensed shared-use facility that is designated principal licensee for the sole and exclusive use of a shared use manufacturing Operator Licensee, including storage of the shared use manufacturing Operator Licensee's cannabis, cannabis concentrates, and cannabis products.

QQ. "Director of Financial Management" means the Director of Financial Management of the City of Long Beach and his or her designee.

RR. "Dispensary" means any person, entity, or operation, in whole or in part, whether operating for-profit or not-for-profit, and all associated owners, employees, managers, or agents engaged in both medicinal and adult-use commercial cannabis activity from the same permitted premises for the retail sale and delivery of cannabis goods to customers. A "Dispensary," as that term is used in this Code, is a "Retailer" under the MAUCRSA.

SS. "Distribution" means the procurement, sale, and transport of cannabis or cannabis products between State licensees.

TT. "Distributor" means any person, entity, or operation, in whole or in part, whether operating for-profit or not-for-profit, and all associated owners, employees, managers, or agents that engages in the business of the distribution of cannabis goods between State licensees.

UU. "Dried Flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.

VV. "Edible Cannabis Product" means manufactured cannabis that is intended to be used, in whole or in part, for oral human consumption including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the California Food and Agricultural Code. An edible cannabis product is not considered food as defined by California Health and Safety Code Section 109935 or a drug as defined by California Health and Safety Code Section 109925.

WW. "Electronic Age Verification Device" means a device capable of quickly and reliably confirming the age of the cardholder of a government-issued identification card using computer processes.

XX. "Employee" means any individual engaged in the operation of a Commercial Cannabis Businesses, whether full-time, part-time, permanent, or temporary, for a wage, salary, commission, barter, or any other form of compensation, or for no compensation, including, but not limited to, any owner-operator, member of the owner's family, partner, associate, agent, manager or solicitor, full-time employee, part-time employee, temporary employee, contractors, volunteers, and agents. The owner of a sole proprietorship shall not be considered an employee.

YY. "Equity Applicant" means an individual who meets the criteria in Section 5.92.1615.

ZZ. "Equity Business" means a cannabis business where a minimum of fifty-one percent (51%) ownership in the cannabis business is held by one equity applicant or, if the cannabis business will be held by a group of applicants in the Equity Program, any one (1) of the equity applicants must hold majority ownership interest in the cannabis business.

AAA. "Equity Dispensary" means a dispensary owned by an equity business as defined in Section 5.92.1620.

BBB. "Equity Employee" means an individual who meets the criteria in Section 5.92.1610.

CCC. "Extraction" means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.

DDD. "Fire Alarm System" means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention, to which fire officials may respond.

EEE. "Flowering" means that a cannabis plant has formed a mass of pistils measuring greater than one-half inch (1/2") wide at its widest point.

FFF. "Good Standing" means that a Commercial Cannabis Business is regarded as having complied with all explicit obligations, while not being subject to any form of sanction, suspension, or disciplinary censure by the City, State, or any of the State's departments or divisions.

GGG. "Government-Issued Identification" means a document issued by a federal, state, county, or municipal government that includes the name, date of birth, physical description, and picture of the person, such as a driver's license, U.S. passport, military ID, or State or local government identification card.

HHH. "Harvest Batch" means a specifically identified quantity of dried flower or trim, leaves, and other cannabis plant matter that is uniform in strain, harvested at the same time, and, if applicable, cultivated using the same pesticides and other agricultural chemicals, and harvested at the same time.

III. "Household" means the residence address as indicated on the equity verification application.

JJJ. "Household Size" means the number of individuals that meet any of the following criteria:

1. All spouses or domestic partners must be included in the household and must appear in the submission content.

2. All household members who are under 18 years of age must be the legal dependent of an adult household member, except in the case of emancipated minors, as claimed on the most recent income tax return, or legal minor children of title holders.

3. Pregnant applicants will only be counted as two household members with verifiable medical documentation.

4. Temporarily absent household members who intend to live in the residence upon return may be considered, if verifiable documentation supporting their absence is provided. Such household members include, but are not limited to, household members serving temporarily in the armed forces, or who are temporarily institutionalized.

5. Individuals not listed on the equity applicant's most recent tax return, such as elderly relatives, live-in assistants, and foster children will not be counted toward household size.

KKK. "Identification Card" means a document issued by the State pursuant to California Health and Safety Code 11362.7 et seq. that identifies a person authorized to engage in the medicinal use of cannabis and the person's designated primary caregiver, if any.

LLL. "Immature Plant" means a cannabis plant that is not flowering, including, but not limited to, seedlings, sprouts, and unrooted clones.

MMM. "Infusion" means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis is directly incorporated into a cannabis product formulation to produce a cannabis product.

NNN. "Ingredient" means any substance that is used in the manufacture of a cannabis product and that is intended to be present in the product's final form.

OOO. "Labeling" means any label or other written, printed, or graphic matter upon cannabis goods, its container or wrapper, or that accompanies cannabis goods.

PPP. "Labor Peace Agreement" shall have the same meaning as California Business and Professions Code 26001(y), as amended from time to time.

QQQ. "Licensee" means a person or entity licensed by the City of Long Beach to operate a cannabis business.

RRR. "Limited-Access Area" means an area within a permitted premises used for storing and holding cannabis goods and currency, which is only accessible to the permittee and authorized employees of the permittee.

SSS. "Live Plants" or "Live Cannabis Plants" means living cannabis flowers and plants, including but not limited to, seeds, sprouts, immature plants, plants in the vegetative stage, plants in the flowering stage, and mature plants.

TTT. "Manager" means any person(s) designated by a Commercial Cannabis Business to act as the representative or agent of the Commercial Cannabis Business in managing day-to-day operations with corresponding liabilities and responsibilities, and/or the individual in apparent charge of the permitted premises of the Commercial Cannabis Business. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct, supervise, or hire and dismiss employees, control hours of operation, creates policy rules, or purchases supplies.

UUU. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

VVV. "Manufactured Cannabis Batch" means either of the following:

1. An amount of cannabis concentrate or extract that is produced in one (1) production cycle using the same extraction methods and standard operating procedures.

2. An amount of a type of manufactured cannabis produced in one (1) production cycle using the same formulation and standard operating procedures.

WWW. "Manufacturer" means any person, entity, or operation, in whole or in part, whether operating for-profit or not-for-profit, and all associated owners, employees, managers, and agents, engaged in the production, conversion, preparation, propagation, deriving, processing, 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 goods or labels or relabels its container.

XXX. "Manufacturing" means all aspects of the extraction and/or infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis product. "Manufacturing" shall also include any processing, preparing, holding, or storing of components and ingredients used in cannabis products.

YYY. "Marijuana" shall have the same meaning as cannabis under this Chapter.

ZZZ. "Mature Cannabis Plant" or "Mature Plant" means a cannabis plant that is flowering.

AAAA. "MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, consisting of the legislation in SB 94.

BBBB. "Medicinal Marijuana Business" means any person, entity, or operation, in whole or in part, whether operating for-profit or not-for-profit, and all associated owners, employees, managers, and agents, engaged in commercial cannabis activity involving medicinal cannabis pursuant to Chapter 5.90 of this Code.

CCCC. "Medical Marijuana Business Permit" means one (1) document issued by the City to reflect the regulatory business permit issued pursuant to the provisions of Chapter 5.90 and Title 5 of this Code, and the business license issued pursuant to Chapter 3.80 of this Code, authorizing the holder thereof to operate a Medical Marijuana Business and to conduct medicinal commercial cannabis activities.

DDDD. "Medicinal Cannabis" or "Medicinal Cannabis Product" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to California Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses a physician's recommendation.

EEEE. "Medicinal Cannabis Patient" or "Medical Patient" means a qualified patient or a person with an identification card.

FFFF. "Microbusiness" or "Type 12 Microbusiness" means a business as defined by California Business and Professions Code Section 26070, applying for, or issued, a Type-12 Microbusiness State license, to engage in three (3) or more of the following commercial cannabis activities from one permitted premises: cultivation on an area less than ten thousand (10,000) square feet, distribution, manufacturing, or retail sales (Dispensary).

GGGG. "Microorganisms" means yeasts, molds, bacteria, viruses, protozoa, and/or microscopic parasites and includes species that are pathogens. The term "Undesirable Microorganisms" includes those microorganisms that are pathogens, that subject a cannabis product to decomposition, that indicate that a cannabis product is contaminated with filth, or that otherwise may cause a cannabis product to be adulterated.

HHHH. "Misbranded" shall have the same meaning as California Business and Professions Code Section 26121.

IIII. "Non-Equity Business" means a business that does not meet the definition of an Equity Business as defined in Section 5.92.1620.

JJJJ. "Nonvolatile Solvent" means any solvent used in the extraction process that is not a volatile solvent, including but not limited to, carbon dioxide or ethanol.

KKKK. "Nursery" means a Cultivator that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

LLLL. "Operation" means any act for which a person is legally required to have a State and local permit or license, or any commercial transfer of cannabis goods.

MMMM. "Operator" means a person that is engaged in any act for which a State and local permit or license is legally required.

NNNN. "Owner" means any of the following:

1. Any person with an ownership interest of ten percent (10%) or more in the Adult-Use Cannabis Business applying for a permit pursuant to this Chapter;

2. The chief executive officer of an entity, including nonprofits;

3. A member of the board of directors of a for-profit or non-profit entity;

4. All persons within an entity that have a financial interest of ten percent (10%) or more in the proposed Adult-Use Cannabis Business, including but not limited to:

a. A general partner of an Adult-Use Cannabis Business that is organized as a partnership;

b. A non-member manager or managing member of an Adult-Use Cannabis Business that is organized as a limited liability company;

c. Any person holding a voting interest in a partnership, association, or limited liability company;

d. All officers or directors of an Adult-Use Cannabis Business that is organized as a corporation and all shareholders who individually own more than ten percent (10%) of the issued and outstanding stock of the corporation.

OOOO. "Outdoors" means any location within the City that is not within an enclosed locked structure or building.

PPPP. "Package" and "Packaging" means any container or wrapper that may be used for enclosing or containing any cannabis goods for final retail sale. "Package" does not include a shipping container or outer wrapping used solely for the transport of cannabis goods in bulk quantity to a State licensee.

QQQQ. "Panic Hardware" means a door-latching assembly incorporating a device that releases the latch upon the application of a force in the direction of egress travel.

RRRR. "Parcel of Land" means one (1) contiguous piece of real property, its boundaries, and all the rights contained therein, which is identified by a Los Angeles County Assessor's Parcel Number (APN).

SSSS. "Permittee" means a person issued an Adult-Use Cannabis Business Permit pursuant to this Chapter.

TTTT. "Person" means a natural person as well as an entity, individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other legal entity or group, or combination thereof acting as a unit, and includes the plural as well as the singular number.

UUUU. "Physician's Recommendation" means a recommendation provided by a physician or surgeon that an individual may obtain and use cannabis for medicinal purposes in accordance with California Health and Safety Code Section 11362.5.

VVVV. "Playground" means any park or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, football, soccer, or basketball, or any similar facility located on public or private school grounds, or city, county, or state parks.

WWWW. "Premises" means a contiguous area wherein the permit privileges are, or will be, exercised, as diagrammed in the application for an Adult-Use Cannabis Business Permit, and for which a separate permit is required.

XXXX. "Primary Caregiver" means the individual, designated by a qualified patient, who has consistently assumed responsibility for the housing, health, or safety of said qualified patient pursuant to California Health and Safety Code Section 11362.7.

YYYY. "Principal Licensee" means the licensed cannabis manufacturer that has been approved by the City of Long Beach to operate its licensed premises as a Shared-use Manufacturing Facility.

ZZZZ. "Property Line" means the defined boundaries of a parcel of land.

AAAAA. "Property Owner" means the person who is the owner of record for the real property and premises where a commercial cannabis activity or commercial cannabis activities are located, or are proposed to be located.

BBBBB. "Public Beach" or "Beach" means any beach area used for recreational purposes which is owned, operated, or controlled by the State, any State agency, or any local agency within the City's authority, including but not limited to, Alamitos Bay Beach, Alamitos Beach, Alamitos Park Beach, Belmont Shore Beach, Colorado Lagoon Park, Granada Beach, Rosie's Dog Beach, Long Beach City Beach, Marine Stadium Beach, Mothers Beach, Peninsula Bayside Beach, Peninsula Beach, and Shoreline Aquatic Park.

CCCCC. "Public Park" or "Park" means publicly owned natural or open areas set aside for active public use for recreational, cultural, or community service activities, including but not limited to, all parks dedicated or designated in Table 35-2 of Chapter 21.35 of this Code.

DDDDD. "Public Place" or "Public" means any real property owned, leased, or used by a public entity, and any place on private property open to the public, common areas of buildings, private clubs, vehicles, those portions of any private property upon which the public has an express or implied license to enter or remain, and any place visible from such places. "Place open to the public" does not include any fenced area of a private residence regardless of whether it can be seen from a place open to the public.

EEEEE. "Public Right-of-Way" means any public highway, street, alley, sidewalk, parkway, and all extensions or additions thereto which is either owned, operated, or controlled by the City, or is subject to an easement or dedication to the City, or is a privately-owned area within City's authority which is not yet dedicated, but is designated as a proposed public right-of-way on a tentative subdivision map approved by the City.

FFFFF. "Qualified Patient" means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have an identification card.

GGGGG. "Quality Control Personnel" means any person or group, designated by the permittee to be responsible for quality control operations.

HHHHH. "Retail Area" means a building, room, or other area that is open to the public upon a premises in which cannabis goods are sold or displayed.

IIIII. "Security Alarm System" means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention, to which police officials may respond.

JJJJJ. "Sell," "Sale," and "To Sell" means any transaction whereby, for any consideration, title to cannabis goods are transferred from one (1) person to another, and includes the delivery of cannabis goods in response to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis goods by a permittee to the permittee from whom the cannabis goods were purchased.

KKKKK. "Shared-Use Manufacturing Facility" or "Shared-Use Facility" means a manufacturing premises operated by a Principal Licensee in which Shared Use Manufacturing Operator Licensees are authorized to conduct manufacturing operations.

LLLLL. "Shared Use Manufacturing Operator Licensee" or "Operator Licensee" means any person, entity, or operation, in whole or in part, whether operating for-profit or not-for-profit, and all associated owners, employees, managers, or agents that engages in manufacturing activities limited to infusions, packaging/labeling of cannabis products, and extractions with butter or food grade oils in common-use areas of a licensed Shared-Use Manufacturing Facility, pursuant to California Department of Public Health Code Section 40191.

MMMMM. "Site" means one (1) or more contiguous lots or parcels of land which were developed and function as a single development for satisfying the requirements and development standards of this Code, including, but not limited to, access and parking.

NNNNN. "Site Boundary" means the outer defined boundaries of a site, which are coterminous with any or all portions of the property line(s) of the lot(s) or parcel(s) of land that total the whole of the site.

OOOOO. "State" means the State of California.

PPPPP. "State Licensee" means a person issued a State license by the State, or one of its departments or divisions, pursuant to the MAUCRSA to conduct adult-use and/or medicinal commercial cannabis activity, and includes the holder of a Testing Laboratory license.

QQQQQ. "State License" means a license issued by the State of California, or one of its departments or divisions, pursuant to the MAUCRSA to conduct adult-use and/or medicinal commercial cannabis activity, as well as a Testing Laboratory State license.

RRRRR. "Technical Report" means a document prepared by, and bearing the stamp of, a registered design professional or qualified specialist, laboratory, or fire safety specialty organization to analyze and demonstrate that the fire safety properties of the equipment, devices, systems, products, technologies, materials and uses attending the design, operation or use of a building or premises comply with all applicable local and State Building Codes, Fire Codes, Electrical Codes, and other laws.

SSSSS. "Testing Laboratory" means any person, entity, or operation, in whole or in part, whether operating for-profit or not-for-profit, and all associated owners, employees, managers, or agents offering or performing tests of cannabis goods and that is ISO/IEC 17025 accredited, or pending ISO/IEC 17025 accreditation.

TTTTT. "Time and/or Temperature Controlled" means a cannabis or cannabis product that requires time and/or temperature control for safety to limit pathogenic microorganism growth or toxin formation.

UUUUU. "Trim" means the excess snipping of leaves from the flowers of cannabis plants.

VVVVV. "Topical Cannabis Product" means a cannabis product intended for external use, such as cannabis-enriched lotions, balms, and salves. A topical cannabis product is not considered a drug as defined by California Health and Safety Code Section 109925.

WWWWW. "Track-and-Trace System" means the State-approved system required by the MAUCRSA to track commercial cannabis activity and movement of cannabis goods through the distribution chain.

XXXXX. "Transport," "Transporting," or "Transportation" means the physical movement of cannabis goods from the premises of one State licensee to the premises of another State licensee.

YYYYY. "Transport Only Distributor" means any person, entity, or operation, in whole or in part, whether operating for-profit or not-for-profit, and all associated owners, employees, managers, or agents that engages in the business of the transporting of cannabis goods between State licensees only where the cannabis or cannabis products were cultivated or manufactured by said permittee (self-distribution), or where the cannabis or cannabis products are cultivated or manufactured by other State licensees.

ZZZZZ. "Transporter" means an employee of a Distributor engaged in the procurement, sale, and transfer of cannabis goods from the premises of one State licensee to the premises of another State licensee.

AAAAAA. "Unique Identifier" means an alphanumeric code or designation used for reference to a specific cannabis plant on a permitted premises and any cannabis goods derived or manufactured from said cannabis plant.

BBBBBB. "Vacuum Oven" means an oven that uses a combination of heat and negative pressure (vacuum) to strip the concentrated material of any residual solvents that were used in the extraction process.

CCCCCC. "Volatile Solvent" means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Examples of volatile solvents include, but are not limited to, hexane and liquefied petroleum gases, such as butane or propane.

DDDDDD. "Youth Center" shall have the same meaning as California Health and Safety Code Section 11353.1.

(ORD-26-0006 § 1, 2026; ORD-22-0015 § 4, 2022; ORD-21-0023 §§ 1, 2, 2021; ORD-18-0015 § 6(Exh. F), 2018)