Tulare Municipal Code Ch. 5.96 Commercial Cannabis Businesses

(A) It is the purpose of this chapter to allow retail sales, with a regulatory permit and a retail license, of recreational and medicinal cannabis from persons or entities that are duly licensed and authorized under state and local law in the City of Tulare.

(B) Manufacturing, cultivation, distribution, or any other activity required to have a state license, besides a retail license, is not permitted in any zone within the city.

(1995 Code, § 5.96.010) (Ord. 19-12, passed 4-21-2020; Ord. 17-11, passed 12-19-2017; Ord. 15-13, passed 1-19-2016; Ord. 05-1998, passed - -2005)

Retail sales shall only be allowed in a storefront, in an area zoned C-4 or C-3, at least 600 feet away from any school, or any other cannabis storefront, and in compliance with all other state and local laws. (See Title 10 for zoning designations.) No distinction shall be made between medicinal and recreational storefronts in this chapter.

(Ord. 2021-02, passed 10-5-2021; Ord. 19-12, passed 4-21-2020)

(A) State law. The commercial cannabis business shall at all times be in compliance with state law and the implementing regulations, as they may be amended from time to time, as well as all required state licenses under state law, and any other applicable state law. The operator shall obtain required licenses under state law prior to opening for business. If the operator uses the approved cannabis operations for commercial recreational cannabis, the operator shall meet or exceed the health and safety requirements of state law in any operations relating to recreational cannabis.

(B) Register of employees. The operator shall maintain a current register of the names of persons required to have employee permits. The register shall be available to the City Manager or their designee at all times, and immediately upon request.

(C) Signage. Signage which advertises the business shall be allowed. However, there shall be no signage, markings, text, logos, artwork, etc., on the premises, or off-site, which in any way evidences that commercial cannabis businesses are occurring on the property. Interior building signage evidencing commercial cannabis business is occurring on the property is permissible provided the signage is not visible outside of the building. Signage must comply with all other city requirements for signage.

(D) Cannabis consumption. No cannabis shall be smoked, ingested or otherwise consumed on the premises. Adequate signage of this prohibition shall be displayed throughout the facility.

(E) Alcoholic beverages. Alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the premises.

(F) Distribution. Distribution of cannabis into city limits to a cannabis business shall be conducted according to state law.

(G) Minors. It shall be unlawful for any operator to employ any person who is not at least 21 years of age, or any older age if set by the state.

(H) Distance separation from schools and residences. Commercial cannabis business shall comply with the distance separation requirements from residences and schools as required by state law. In addition, a cannabis operation shall not be located within 600 feet from any existing residence, school, or proposed school site as identified in the general plan. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1 through 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

(I) Hours of operation. Commercial cannabis operations shall be allowed to operate between 8:00 a.m. and 10:00 p.m. and between 6:00 a.m. and 10:00 p.m. the day after Thanksgiving, unless more restrictive times are established by agreement with the city. Deliveries to the commercial cannabis business may only take place, and must be completed, during regular business hours.

(J) Building and related codes. Commercial cannabis operations shall be subject to the following requirements:

(1) The premises in which the cannabis business occurs shall comply with all applicable local, state and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the Building Official of the city. The operator shall obtain all required building permits and comply with all applicable city standards.

(2) The responsible party shall ensure that the premises has sufficient electrical load for the storage of cannabis. The use of generators is prohibited other than for temporary emergency use.

(3) Employee training records and safety equipment must be maintained, and all equipment must be compliant with state safety regulations in §§ 40100 through 41099, as they may be amended. The Tulare Police Department shall inspect and approve the premises for use of the products prior to city’s issuance of a certificate of occupancy, or otherwise prior to opening for business, to ensure compliance with this requirement.

(K) Odor control. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the facility that is distinctive to its operation is not detected outside the premises, outside the building housing the cannabis business, or anywhere on adjacent property or public rights-of-way. As such, cannabis businesses must install and maintain the following equipment or any other equipment which the City Building Official determines has the same or better effectiveness, if a smell extends beyond a property line:

(1) An exhaust air filtration system with odor control that prevents internal odors and pollen from being emitted externally; or

(2) An air system that creates negative air pressure between the cannabis facility’s interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility.

(L) Secure building. All commercial cannabis operations shall occur entirely inside of a building that shall be secure, locked, and fully enclosed, with a ceiling, roof or top. The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures (including, without limitation, commercial greenhouse structures), and include material strong enough to prevent entry except through an open door. Notwithstanding the foregoing, the roof may be of solid translucent material provided other security measures exist to ensure that the cannabis operation cannot be seen, heard or smelled beyond the property line. The precise building construction and material to be used shall be identified and provided to the city prior to construction and provided with the application.

(M) Premises security. The City Council shall set premises security requirements by resolution and the Chief of Police shall enforce.

(Ord. 2025-14, passed 12-2-2025; Ord. 19-12, passed 4-21-2020)

(A) Mobile deliveries from a commercial cannabis business with a regulatory permit shall be allowed within the city limits. Commercial cannabis businesses located outside of city limits and who deliver into the city limits must obtain a City of Tulare business license and pay all appropriate fees and taxes when due.

(B) All deliveries shall be conducted in accordance with regulations and standards approved by the Chief of Police.

(Ord. 19-12, passed 4-21-2020)

(A) All commercial cannabis businesses shall be required to have a regulatory permit issued by the City of Tulare and a retail license issued by the state. The City Council may set additional regulatory permit requirements by resolution and the Chief of Police shall enforce said regulations.

(B) The total number of regulatory permits issued shall be no more than five. The City Manager shall develop an application process for issuance of regulatory permits.

(C) Any commercial cannabis businesses in operation at the time of enactment of this section shall be required to comply with this chapter in order to sell recreational cannabis.

(D) Regulatory permits are granted to, and are held in the name of, the responsible party. Regulatory permits are not transferrable or assignable.

(Ord. 19-12, passed 4-21-2020)

(A) Every employee or independent contractor working at a commercial cannabis business or involved in transportation/delivery related services for a cannabis business shall obtain an employee permit. It shall be the duty of the commercial cannabis business to ensure that employee permits are obtained from the Tulare Police Department prior to the employee or independent contractor commencing work. Persons who are listed as a business owner on a regulatory permit shall not be required to obtain an employee permit if such person also serves as an employee or contractor. All responsible parties, except the business owner, shall be required to obtain an employee permit.

(B) Each employee and independent contractor shall be required to provide the following information under penalty of perjury, so that the Tulare Police Department can perform a background check:

(1) Name, current resident address, and telephone number;

(2) Date of birth;

(3) Tax identification number;

(4) Height, weight, color of eyes, and hair;

(5) Photographs for identification purposes;

(6) Be fingerprinted by the Police Department;

(7) Such other identification and information as deemed necessary by the Chief of Police and pertinent to the employee permit;

(8) Authorization for the city, its agents and employees to seek verification of the information contained within the application;

(9) The name of the business owner holding the regulatory permit and the operator for which such person is proposed to work.

(Ord. 19-12, passed 4-21-2020)

Every new application for a regulatory permit, employee permit, or renewal shall be accompanied by a nonrefundable fee, as established by resolution of City Council. This fee shall be in addition to any other business license, tax, or permit fee imposed by this code or other governmental agencies. The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks as well as general ongoing monitoring for compliance and processing of the application.

(Ord. 19-12, passed 4-21-2020)

(A) Upon the filing of a properly completed application for a regulatory or employee permit and the payment of the fee, the Chief of Police shall conduct an investigation of the application, including a background check of the applicant and all employees and independent contractors. All applicants for a regulatory permit and employee permit shall be required to submit to a fingerprint-based criminal history records check conducted by the Tulare Police Department.

(B) For regulatory permits, after the background checks and investigation are complete, and in no case later than 90 days after receipt of a properly completed application, the city shall issue a recommendation that the City Council approve or deny a regulatory permit in accordance with the provisions of this section. The recommendation for approval shall include conditions the city deems reasonable under the circumstances to protect the public health, safety, and welfare of the community. The recommendation shall be forwarded to the City Council for action following any required noticing and public hearings and may be processed concurrently with any other entitlements necessary for the cannabis operation.

(C) For employee permits, after the background checks and investigation are complete, and in no case later than 30 days after receipt of a properly completed application, the Chief of Police shall either approve or deny an employee permit. At the discretion of the Chief of Police, employee permits may be conditionally approved pending the background investigation.

(1995 Code, § 5.96.080) (Ord. 19-12, passed 4-21-2020; Ord. 17-11, passed 12-19-2017; Ord. 15-13, passed 1-19-2016; Ord. 05-1998, passed - -2005)

Regulatory and employee permits issued under this chapter shall expire on December 31 each year. Applications for renewal shall be made at least 45 days prior to the expiration date of the permit and shall be accompanied by the nonrefundable fee referenced in this chapter. When made less than 45 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on similar to applications for permits except that the Chief of Police shall renew annual permits for additional one-year periods if the circumstances and information provided with the initial application have not materially changed. Fees, or portions thereof, shall not be adjusted on a pro-rata basis.

(Ord. 19-12, passed 4-21-2020)

The grounds for denial of a regulatory permit shall be one or more of the following:

(A) The business or conduct of the business at a particular location is prohibited by any local or state law, statute, rule or regulation.

(B) The business owner or operator has been issued a local or state permit related to cannabis operations at any other location in California, or another state, and that permit was suspended or revoked, or the business owner or operator has had disciplinary action relating to the permit.

(C) The business owner or operator has knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application.

(D) Consistent with state law or other applicable state law, the business owner or operator, or any responsible person has:

(1) Been convicted of a serious or violent offense as listed under Cal. Penal Code §§ 667.5 and 1192.7(c);

(2) Been convicted of any of the offenses listed in Cal. Business and Professions Code § 19323;

(3) Been convicted of a misdemeanor involving moral turpitude as defined under state law (generally crimes relating to theft and dishonesty) within the five years preceding the date of the application;

(4) Been convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, unless the individual has received a certificate of rehabilitation as defined in the act; or

(5) Engaged in misconduct related to the qualifications, functions or duties of a permittee, such as lying on an application, falsifying legal documents, or anything that would otherwise ban the permittee from obtaining a state license under state law.

(E) Consistent with state law or other applicable state law, the business owner or operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.

(F) The business owner or operator is under 21 years of age, or any older other age set by the state.

(G) The cannabis operation does not comply with the zoning ordinance standards of the City of Tulare or the development standards set forth in this title.

(H) The required annual business license fee, annual regulatory fee or revenue raising fee has not been paid.

(I) The number of regulatory permits authorized by this chapter has been reached.

(1995 Code, § 5.96.090) (Ord. 19-12, passed 4-21-2020; Ord. 17-11, passed 12-19-2017; Ord. 15-13, passed 1-19-2016; Ord. 05-1998, passed - -2005)

The grounds for denial of an employee permit shall be one or more of the following:

(A) The applicant has been issued a local or state permit related to cannabis production at any other location in California, or another state, and that permit was suspended or revoked, or the applicant has had disciplinary action relating to the permit.

(B) Consistent with state law or other applicable law, the applicant has been:

(1) Convicted of a serious or violent offense as listed under Cal. Penal Code §§ 667.5 and 1192.7(c);

(2) Convicted of any of the offenses listed in Cal. Business and Professions Code § 19323;

(3) Convicted of a misdemeanor involving moral turpitude as defined under State law (generally crimes relating to theft and dishonesty) within the five years preceding the date of the application;

(4) Convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, unless the individual has received a certificate of rehabilitation as defined in state law; or has engaged in misconduct related to the qualifications, functions or duties of a permittee.

(C) Consistent with state law or other applicable state law, the applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.

(D) The applicant has committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit.

(E) An applicant is under 21 years of age, or any older age set by the state.

(Ord. 19-12, passed 4-21-2020)

(A) Regulatory permit. Action on the regulatory permit shall be as follows:

(1) The Chief of Police shall cause a written notice of his or her recommendation on the issuance or denial of a regulatory permit, and the date and time when the City Council will consider action on the regulatory permit, to be personally delivered or mailed to the applicant by certified United States mail, postage prepaid.

(2) Following a public hearing before the City Council, the Council may grant the regulatory permit subject to such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of the community, or it may deny the issuance of the regulatory permit for any of the grounds specified in this section. The decision of the Council shall be final, subject to judicial review.

(B) Employee permit. Action on the employee permit shall be as follows: The Chief of Police shall cause a written notice of his or her determination on the issuance or denial of an employee permit to be personally delivered or mailed to the applicant by certified United States mail, postage prepaid. The Chief of Police decision on an employee permit shall be final, subject to judicial review.

(Ord. 19-12, passed 4-21-2020)

(A) Regulatory permit. The City Council may suspend or revoke the regulatory permit of a commercial cannabis operation when any of the following occur:

(1) The cannabis operation is conducted in violation of any provision of this chapter, state law, or any other applicable state law;

(2) The cannabis operation is conducted in such a manner as to create a public or private nuisance;

(3) A failure to pay the regulatory fee or revenue raising fee required by this section;

(4) A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control problems, or obstruction of the operation of another business;

(5) A failure to comply with the terms and conditions of the regulatory permit;

(6) Any act which would be considered grounds for denial of the regulatory permit in the first instance.

(B) Employee permit. The Chief of Police may suspend or revoke an employee permit when the permittee or the employee has committed any one or more of the following acts:

(1) Any act which would be considered a ground for denial of the permit in the first instance;

(2) Violates any provision of this chapter, state law, or any other applicable law relating to the cannabis operation;

(3) Violates or fails to comply with the terms and conditions of the employee permit.

(C) Procedures for revoking regulatory permits. For regulatory permits, the procedures and timelines for revoking a permit shall be the same as stated inChapter 10.70 of this code, except that all matters shall be heard by the City Council in the first instance, and there shall be no further appeal following the City Council's decision.

(D) Procedures for revoking employee permits. Prior to suspension or revocation of an employee permit, the Chief of Police shall conduct a hearing. Written notice of the time and place of such hearing shall be served upon the permittee at least five calendar days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the permit. Notice may be given either by personal delivery or by certified United States mail, postage prepaid. Any permittee aggrieved by the decision of the Chief of Police in suspending or revoking an employee permit shall have no appeal rights and the Chief of Police decision shall be final, subject to judicial review as set forth in this section.

(E) Immediate suspension. The Chief of Police may immediately suspend or revoke a regulatory permit and an employee permit without notice or a hearing, subject to the appeal rights set forth herein, under either of the following circumstances:

(1) The business owner or operator is convicted of a public offense in any court for the violation of any law which relates to the cannabis operation, or in the case of an employee permit, the employee is convicted of a public offense in any court for the violation of any law which relates to the permit.

(2) The Chief of Police determines that immediate suspension is necessary to protect the public health, safety, and welfare of the community. The Chief of Police shall articulate the grounds for the immediate suspension in writing and the suspension shall only be for as long as necessary to address the circumstances which led to the immediate suspension.

(1995 Code, § 5.96.110) (Ord. 19-12, passed 4-21-2020; Ord. 17-11, passed 12-19-2017; Ord. 15-13, passed 1-19-2016; Ord. 05-1998, passed - -2005)

When the City Council shall have denied a regulatory permit or revoked a regulatory permit, or the Chief of Police shall have denied or revoked an employee permit, no new application for a regulatory permit and no new application for an employee permit shall be accepted and no regulatory permit or employee permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one year after denying or revoking the regulatory permit or employee permit.

(1995 Code, § 5.96.130) (Ord. 19-12, passed 4-21-2020; Ord. 17-11, passed 12-19-2017; Ord. 15-13, passed 1-19-2016; Ord. 05-1998, passed - -2005)

In addition to the suspension or revocation of a regulatory permit, a regulatory permit shall be deemed abandoned if cannabis business ceases for a period of more than 90 consecutive days. Before restarting operations, a new regulatory permit shall be secured. The 90-day period shall be tolled during periods of force majeure, which shall be defined as follows: war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the "public enemy"; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; or any other causes beyond the reasonable control of the permittee.

(Ord. 19-12, passed 4-21-2020)

As a condition of opening for business, the premises owner, business owner, operator, and all responsible parties shall be deemed to have acknowledged and agreed to the following if the cannabis operation is connected to the city's water system:

(A) The city cannot provide any guarantees that city water will be available for operations. Under circumstance where the city cannot or elects to not provide water, the cannabis operation may be required to find alternative sources of water supply. The premises owner, business owner, and operator assume all risk associated with water supply to the site, including all costs associated therewith.

(B) The premises owner, business owner, operator, and all responsible parties shall hold harmless, release, indemnify, and defend the city, its officers, employees, and agents, from any liability associated with the curtailment of water because of the foregoing. This release includes any damages to the premises owner, business owner, operator, and all responsible parties, its employees and contractors, and third parties, and includes the risk of lost revenue, profits and consequential damages.

(C) If the premises owner, business owner, operator, or responsible party procures their own source of water they must comply with all state and federal water reporting laws and procedures.

(Ord. 19-12, passed 4-21-2020)

Except as expressly provided in this chapter, nothing contained in this chapter shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any permit or license required by, under or by virtue of any provision of any other title or chapter of this code or any other ordinance or resolution of the city, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required by, under or by virtue of any other title or chapter of this code or any other ordinance or resolution of the city. Any references made or contained in any other title or chapter of this code to any permits, licenses, taxes, fees, or charges, or to any schedule of license fees, shall be deemed to refer to the permits, licenses, taxes, fees or charges, or schedule of license fees, provided for in other titles or chapters of the Tulare City Code unless otherwise expressly provided.

(Ord. 19-12, passed 4-21-2020)

Any person who violates any provision of this chapter or who other than by a sworn statement, knowingly or intentionally misrepresents to any officer or employee of the city any material fact herein required to be provided is guilty of a misdemeanor punishable as provided in § 5.04.490 of this code. A person who on a sworn statement states as true a material fact that he or she knows to be false is guilty of perjury.

(1995 Code, § 5.96.190) (Ord. 19-12, passed 4-21-2020; Ord. 17-11, passed 12-19-2017; Ord. 15-13, passed 1-19-2016; Ord. 05-1998, passed - -2005)

The amount of any tax, fee, penalty and/or interest imposed pursuant to this chapter shall be deemed a debt owed to the city. An action may be commenced in the name of the city in any court of competent jurisdiction, for the amount of any delinquent tax, fees, penalties and interest thereon.

(Ord. 19-12, passed 4-21-2020)

If any provision of this chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance and, to that end, the provisions hereof are severable.

(1995 Code, § 5.96.200) (Ord. 19-12, passed 4-21-2020; Ord. 17-11, passed 12-19-2017; Ord. 15-13, passed 1-19-2016; Ord. 05-1998, passed - -2005)

All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.

(Ord. 19-12, passed 4-21-2020)

This chapter may be repealed or amended by ordinance of the Tulare City Council.

(Ord. 19-12, passed 4-21-2020)

Any entity that fails to pay the fees required by this chapter within 15 days after the due date shall pay in addition to the taxes a penalty for nonpayment in the sum equal to 25% of the total amount due. Additional penalties will be assessed in the following manner: 10% shall be added on the first day of each calendar month following the month of the imposition of the 25% penalty if the fee remains unpaid—up to a maximum of 100% of the fee payable on the due date. Receipt of the fee payment by the city shall govern the determination of whether the fee is delinquent. Postmarks will not be accepted as adequate proof of a timely payment.

(Ord. 19-12, passed 4-21-2020)

The following definitions apply to this chapter:

APPLICANT. A person who is required to file an application for a permit under this chapter.

BUSINESS OWNER. The owner(s) of the cannabis business. For publicly traded companies, owner means the chief executive officer or any person or entity with an aggregate ownership interest of 5% or more. For all other businesses, other than publicly traded companies, an owner is an individual that has an aggregate ownership of interest other than a lien or encumbrance, of 20% or more in the commercial cannabis business.

CANNABIS. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. CANNABIS also means 1) CANNABIS as defined by § 11018 of the Cal. Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972, and amended by the California Control, Regulate and Tax Adult Use of Cannabis Initiative; 2) INDUSTRIAL HEMP as defined by § 11018.5 of the Cal. Health and Safety Code; and 3) CANNABIS as defined by other applicable state law. CANNABIS shall not mean cannabidiol (CBD) or hemp products (of 0.03% per weight or less of THC), such as creams or lotions, so long as those products cannot be inhaled, or manufactured as edible food products.

CANNABIS BUSINESS or CANNABIS INDUSTRY. Any business activity in the city relating to cannabis, including but not limited to cultivation (including nurseries), transportation, distribution, manufacture, compounding, conversion, processing, preparation, testing, storage, packaging, delivery and sales (wholesale and/or retail sales) of cannabis or cannabis products, whether or not carried on for gain or profit. A cannabis business does not include any business whose only relationship to cannabis or cannabis products is the production or sale of cannabis accessories.

CANNABIS CULTIVATION AREA. The total aggregate area(s) of cannabis cultivation by a cannabis business as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the dripline of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are grown, excluding non-production areas, as determined by the City Manager or his or her designee.

CANNABIS PRODUCT. Any product containing cannabis, including, but not limited to, flowers, buds, oils, tinctures, concentrates, extractions, edibles and those products described in § 11018.1 of the Cal. Health and Safety Code.

CANOPY. All areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether the areas are contiguous or noncontiguous. The plant canopy need not be contained to a single parcel of land in determining the total square footage that will be subject to tax under this chapter. If mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.

CHIEF OF POLICE. The Chief of the Tulare Police Department or his or her designee.

CITY. The City of Tulare, either the entity or its territorial limits, as the context requires.

CITY COUNCIL or COUNCIL. The City Council of the City of Tulare.

COLLECTOR. The city's Director of Finance or Chief Financial Officer or his or her designee.

COMMERCIAL CANNABIS CULTIVATION. Cultivation conducted by, for, or as part of a cannabis business. Commercial cannabis cultivation does not include personal medical cannabis cultivation, or cultivation for personal recreational use as authorized under the Control, Regulate and Tax Adult Use of Marijuana Act approved by the state's voters on November 8, 2016, for which the individual receives no compensation whatsoever.

COMMERCIAL CANNABIS BUSINESS or CANNABIS BUSINESS or CANNABIS OPERATION. Any commercial cannabis activity allowed under state law and the implementing regulations, as state law and the implementing regulations may be amended from time to time, and all uses permitted under any subsequently enacted state law pertaining to the same or similar uses for recreational cannabis.

CANNABIS OPERATOR. The person or persons responsible for the commercial cannabis business regardless of the type of entity; e.g. partnership, corporation, etc.

CANNABIS PRODUCTION. The processes associated with the processing, extraction, manufacturing, testing, distribution and transportation of medical and non-medical cannabis products.

COMMERCIAL CANNABIS REGULATORY PERMIT or REGULATORY PERMIT. The permit required under this chapter to have a cannabis business.

COMMINGLING. The physical aggregation of harvest batches or nonmanufactured cannabis products by a licensee.

CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. CULTIVATION also includes nurseries. In addition, and without limiting the foregoing, CULTIVATION includes CULTIVATION as defined in Cal. Business and Professions Code § 19300.5 and any successor statute, as may be adopted and amended from time to time.

DELIVERY. The commercial transfer of marijuana cannabis or marijuana cannabis products to a customer. DELIVERY also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under this chapter, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

DELIVERY EMPLOYEE. An individual employed by a licensed dispensary who delivers cannabis goods from the licensed dispensary premises to a physical address.

DISPENSARY. A facility where cannabis or cannabis products, are offered, either individually or in combination, for retail sale, including an establishment that engages in delivery of cannabis or cannabis products as part of a retail sale. In addition, and without limiting the foregoing, DISPENSARY includes DISPENSARY as defined in Cal. Business and Professions Code § 19300.5 and any successor statute, as may be adopted or amended from time to time.

DISTRIBUTOR. A person engaged in procuring cannabis from a cultivator, and/or procuring cannabis products from a manufacturer, for sale to a licensed commercial cannabis business. In addition, and without limiting the foregoing, DISTRIBUTOR includes DISTRIBUTOR as defined in Cal. Business and Professions Code § 19300.5 and any successor statute, as may be adopted or amended from time to time.

DISTRIBUTION. The procurement, sale, and transport of cannabis or cannabis products between licensees.

EMPLOYEE. Each and every person engaged in the operation or conduct of any cannabis business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such cannabis business for a wage, salary, commission, barter or any other form of compensation.

GROSS RECEIPTS. Except as otherwise specifically provided, means, whether designated 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 or for the performance of any act or service of any nature for which a charge is made or credit allowed (whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not), 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:

(1) Cash discounts where allowed and taken on sales;

(2) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;

(3) 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;

(4) 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;

(5) Cash value of sales, trades or transactions between departments or units of the same business;

(6) Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent 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;

(7) 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 one dollar;

(8) Amounts collected for others where the business is acting as an agent or trustee and to the extent that such amounts are paid to those for whom collected. These agents or trustees must provide the finance department with the names and the addresses of the others and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustees;

(9) Retail sales of t-shirts, sweaters, hats, stickers, key chains, bags, books, posters or other personal tangible property which the Tax Administrator has excluded in writing by issuing an administrative ruling per § 5.98.140 shall not be subject to the cannabis business tax under this chapter. However, any retail sales not subject to this chapter as a result of the administrative ruling shall be subject to the appropriate business tax under Chapter 5.08 or any other chapter or title as determined by the Tax Administrator.

INDOOR CULTIVATION. The cultivation of cannabis within a structure using artificial light, at a rate greater than 25 watts per square foot.

MANUFACTURER. A person who 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, or that packages or repackages cannabis or cannabis products or labels or relabels its container. In addition, and without limiting the foregoing, MANUFACTURER includes MANUFACTURER as defined in Cal. Business and Professions Code § 19300.5 and any successor statute, as may be adopted or amended from time to time.

MIXED-LIGHT CULTIVATION. The cultivation of cannabis using light deprivation and/or artificial lighting below a rate of 25 watts per square foot.

NURSERY. A person who produces cannabis clones, immature plants, and/or seeds for wholesale distribution, used specifically for the planting, propagation, and cultivation of cannabis. In addition, and without limiting the foregoing, NURSERY includes NURSERY as defined in Cal. Business and Professions Code § 19300.5 and any successor statute, as may be adopted or amended from time to time.

OPERATOR. The business owner and any other person designated by the business owner as responsible for the day to day cannabis business operation.

PERSONAL MEDICAL CANNABIS CULTIVATION. Cultivation, by either a qualified patient who cultivates cannabis exclusively for his or her personal medical use or by a caregiver who cultivates cannabis exclusively for medical use by qualified patients and who is exempt from State licensing requirements under the State Medical Cannabis Regulation and Safety Act.

PREMISES. The designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.

REGULATORY PERMIT. A permit issued by the City of Tulare that is required to be obtained prior to any operation of a commercial cannabis business.

RESPONSIBLE PARTY. The business owner, operator, manager(s), and any employee having significant control over the cannabis businesses operations.

RETAIL LICENSE. A storefront retailer (Type 10) licensee, issued by the California Bureau of Cannabis Control, which sells cannabis goods to customers at its premises or by delivery. A storefront retailer must have a licensed physical location (premises), including address, where commercial cannabis activities are conducted.

STATE. The State of California.

STATE LAW. All regulations and laws in the State of California.

STATE LICENSE. A state license issued pursuant to Cal. Business and Professions Code §§ 19300, et seq. or other applicable state law.

TESTING. A laboratory, facility, or entity in the state, 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 marijuana cannabis activity in the state;

(2) Registered and licensed by the State Department of Public Health.

TRANSPORT. The transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized pursuant to this chapter.

(Ord. 2022-15, passed 11-8-2022; Ord. 2020-09, passed 9-15-2020; Ord. 19-12, passed 4-21-2020)

Businesses shall not be permitted to sell any cannabis or CBD products, which may be attractive to children by packaging, design, or marketing.

(Ord. 2020-09, passed 9-15-2020)