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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />I1 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />D. Without the imposition of a temporary moratorium on the establishment of <br />marijuana cultivation, the City anticipates that one (1 ) or more marijuana <br />cultivation uses may locate in the City before a non -urgency ordinance would <br />become effective, and that such uses may pose serious risks to the public health, <br />safety, and welfare. <br />E. There is a current and immediate threat to the public health, safety, and welfare <br />of the City and its community, thereby necessitating the immediate enactment <br />of this moratorium as an urgency ordinance in order to ensure that permits for <br />such facilities and uses are established only under adequate regulations. <br />Imposition of a moratorium will allow the City sufficient time to conclude the <br />preparation and enactment of a comprehensive ordinance for the regulation of <br />these uses. <br />SECTION 3. Urgent Need. Based on the foregoing recitals and findings, all of which <br />are deemed true and correct, this interim ordinance is urgently needed for the immediate <br />preservation of the public health, safety, and welfare. This interim ordinance shall take effect <br />immediately upon adoption and shall be of no further force and effect forty-five ( 45) days <br />following the date of its adoption unless extended in accordance with the provisions set forth <br />in Government Code Section 65858. <br />SECTION 4. Definitions. <br />For purposes of this ordinance, the following definitions shall apply: <br />A, "Commercial marijuana activity" includes the cultivation, possession, <br />manufacture, distribution, processing, storing, laboratory testing, labeling. <br />transportation, distribution, delivery or sale of marijuana and marijuana <br />products. <br />B. "Cultivation" means any activity involving the planting, growing, harvesting, <br />drying, curing, grading, or trimming of marijuana. <br />C. "Delivery" means the commercial transfer of marijuana or marijuana products <br />to a customer. "Delivery" also includes the use by a retailer of any technology <br />platform owned and controlled by the retailer, or independently licensed under <br />California law, that enables customers to arrange for or facilitate the commercial <br />transfer by a licensed retailer of marijuana or marijuana products. <br />D. "Distribution" means the procurement, sale, and transport of marijuana and <br />marijuana products between entities for commercial use purposes. <br />E. "Licensee" means the holder of any state issued license related to marijuana <br />activities, including but not limited to licenses issued under Division 10 of the <br />Business &. Professions Code. <br />F, "Manufacture" means to compound, blend, extract, infuse, or otherwise make <br />or prepare a marijuana product. - 6 - <br />