Sec. 7.116. - Definitions.

(a)

The following terms shall be defined as follows:

Applicant means the person applying for a local license pursuant to this chapter.

Cannabis has the same meaning as section 26001(f) of the Business and Professions Code.

Cannabis cultivation facility means a facility wherein cannabis is propagated, planted, grown, harvested, dried, cured, graded, labeled, tagged for tracking or trimmed, or that does all or any combination of those activities consistent with California law. This definition excludes the cultivation of no more than six (6) nonmedical cannabis plants by a person twenty-one (21) years of age of older for personal use in a private residence provided the cultivation is in a fully enclosed structure that is secure, not visible from a public space and otherwise exempt from state licensing requirements.

Cannabis delivery establishment (Type 9 non-storefront retailer) means a non-storefront retailer conducting retail cannabis sales exclusively by delivery as defined in Business and Professions Code section 26001(s) and applicable state regulations. For the purpose of licensing, a cannabis delivery non-storefront shall not be considered a marijuana dispensary.

Cannabis storefront retail establishment (i.e. dispensary) means a facility wherein cannabis, cannabis products, are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale in compliance with all applicable state laws, as defined in Business and Professions Code section 26001(ay).

Cannabis distribution site means a location where cannabis obtained from a licensed cannabis cultivator or cannabis products from a licensed manufacturer is temporarily stored, prior to delivery to a licensed cannabis dispensary and as part of performing a distributor's duties under state law. A cannabis distributor is a person engaged in the procurement, sale, and transport of cannabis and cannabis products between licensees.

Cannabis facility shall refer to a cannabis cultivation facility, a cannabis testing laboratory, a cannabis manufacturer, a cannabis storefront retail establishment, a cannabis non-storefront retail establishment or a cannabis distributor.

Cannabis manufacturer means a facility involving production, preparation, propagation and compounding of cannabis and cannabis products, without the use of a volatile solvent. Nonvolatile cannabis manufacturing includes and is limited to the extraction of a substance from a cannabis plant with nonvolatile solvents, mechanical extraction, the infusion of mixture of cannabis into another substance, the preparation of an edible item that includes cannabis, and the packaging and labeling of cannabis or cannabis products. Nonvolatile cannabis manufacturing does not include cannabis cultivation.

Cannabis nursery means a facility that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.

Cannabis testing laboratory means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products and that is both of the following:

(1)

Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and

(2)

Licensed by the State of California to perform cannabis testing consistent with Business and Professions Code section 26001.

Canopy means the total combined indoor area for all locations on a property where cannabis is being cultivated, as measured by the horizontal extent of the plant or combination of plants at the widest point and measured in a straight line. This does not include aisles or walkways.

Cultivation has the same meaning as Business and Professions Code, section 26001(l) and shall include any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Good cause for purposes of denying a local license, for revoking a local license, or for denying a local license renewal, includes, but is not limited to, the following:

(1)

The licensee or applicant has violated any of the terms, conditions or provisions of this chapter, of state law, of any regulations and/or rules promulgated pursuant to state law, any applicable local rules and/or regulations, or any special terms or conditions placed upon its conditional use permit, state license, and/or local license;

(2)

For new applications, the city manager or designee determines that issuance of the license would impair the health, safety or welfare of the public, cause negative impacts to property values, cause odor created by cannabis plants to impact adjacent properties, impair the city's ability to prevent crime associated with cannabis, and/or impair the city's ability to ensure that cannabis grown, manufactured or sold remains secure and does not find its way to minors, or illicit markets. For applications for permit renewal, the licensed premises have been operated in a manner that adversely affects the public health, safety or welfare or the safety of the immediate neighborhood in which the cannabis facility is located, causes adverse economic impacts, increased crime, decreased property values and/or an increase in the number of transients in the area;

(3)

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

(4)

The licensee or applicant has failed to provide all required information required by this chapter, or has failed to pay the required fee.

(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 identified in section 7.127(f)(5), or any offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made. 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 may consider, among other things, the factors as set forth in section 19323(b) of the Business and Professions Code;

(6)

The licensee or applicant is employing or being financed in whole or in part by any person whose criminal history indicates that person is not of good moral character;

(7)

The applicant or licensee has failed or refused to allow city officials to inspect security recordings, activity logs, or business records, of the licensed premises;

(8)

The applicant or licensee is owned by, has an officer or director who is, or is employing or financed in whole or in part by, a licensed physician making recommendations for cannabis;

(9)

The applicant or licensee has had a local license revoked by the city; or

(10)

The applicant or licensee operated a cannabis business in violation of this chapter, the Oceanside Zoning Ordinance, or any other applicable state or local law.

Legal parcel means a parcel of land for which one (1) legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels may at the option of the property owner be counted as a single parcel for purposes of this chapter.

Licensee means a person who has been issued a state license, local license and a conditional use permit pursuant to this chapter and the Oceanside Zoning Ordinance.

Local license means a cannabis facility permit issued by the city pursuant to this chapter.

Medical cannabis has the same meaning as section 26001(ai) of the Business and Professions Code.

State law(s) shall mean and include California Health and Safety Code section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code sections 11362.7 through 11362.83 (Medical Cannabis Program Act); Medical Marijuana Regulation and Safety Act ("MMRSA"), Senate Bill 94 (Medicinal and Adult Use Cannabis Regulation and Safety Act "MAUCRSA"), Assembly Bill 133, codified at Business and Professions Code sections 26001 through 26227.9; Government Code sections 11553 through 11553.5; Health and Safety Code section 11357; Revenue and Taxation Code section 34010 through 55044 and all other applicable laws of the State of California related to cannabis as may be amended from time to time.

State license, license, or registration means a state license issued pursuant by the state licensing authority to authorize the cultivation, distribution, testing, manufacturing or dispensing of cannabis.

State licensing authority shall mean the department of cannabis control and/or any other agency authorized to issue licenses for the commercial cannabis activities or authorized to take disciplinary action against such license.

(b)

Words and phrases not specifically defined in this code shall have the meaning ascribed to them as defined in the following sources:

(1)

The Compassionate Use Act of 1996 (California Health and Safety Code section 11362.5).

(2)

The Medical Cannabis Program Act (California Health and Safety Code sections 11362.7 through 11362.83).

(3)

The Medical Marijuana Regulation and Safety Act (California Business and Professions Code sections 19300 through 19360) as may be amended from time to time.

(4)

Assembly Bill 133, codified at Business and Professions Code sections 26001 through 26227.9; Government Code sections 11553 through 11553.5; Health and Safety Code section 11357; Revenue and Taxation Code section 34010 through 55044.

(5)

Senate Bill 94 (Medicinal and Adult Use Cannabis Regulation and Safety Act) ("MAUCRSA").

(Ord. No. 18-OR0199-1, § 3(Exh. B), 4-11-2018; Ord. No. 18-OR0449-1, § 3(Exh. B), 9-5-2018; Ord. No. 20- OR0463-1, § 3(Exh. B), 8-5-2020; Ord. No. 21-OR0476-1, § 2(Exh. A), 6-16-2021; Ord. No. 25-OR0483-1, § 2(Exh. A), 8-20-2025)