(1) “Administrator” means the city administrator of the city of North Bend or his/her designee.

(2) “CFR Schedule I or Schedule II” means the controlled substances designated in 21 C.F.R. Part 1308.

(3) “Company principal” means a person who is an officer or director of a legal entity or has a controlling interest in the entity, through ownership or control of 10 percent or more of the stock in the entity or 10 percent or more of the total membership interest in the entity or 10 percent or more of the total investment interest in the entity.

(4) “Convicted” means found guilty by verdict or finding entered in a criminal proceeding in a court of competent jurisdiction.

(5) “Dispensary” means a medical marijuana dispensary (see subsection (11) of this section).

(6) “Financial interest” exists when a person, the person’s immediate family, or a legal entity of which the person is a company principal (a) receives or is entitled to receive directly or indirectly any of the benefits of the dispensary; (b) rents or leases real property to the operator for use by the business; (c) rents or leases personal property to the operator for a commercially unreasonable rate; (d) lends or gives money, real property or personal property to the operator for use in the business. For purposes of this chapter, monies owed to suppliers and contractors for the reasonable cost of goods and services received do not constitute a financial interest in a dispensary.

(7) “Marijuana” means all parts of the plant of the Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin, as may be defined by Oregon Revised Statutes as they currently exist or may from time to time be amended. It 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.

(8) “Marijuana retailer” means a person that sells recreational marijuana items to a consumer in this state.

(9) “Marijuana items” means marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts.

(10) “Medical marijuana” means all parts of marijuana plants that may be used to treat or alleviate a qualifying patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.

(11) “Medical marijuana dispensary” means a medical marijuana facility that is registered by the Oregon Health Authority that sells, distributes, transmits, gives, dispenses or otherwise provides medical marijuana to medical marijuana qualifying patients.

(12) “Medical marijuana qualifying patient” means a registry identification cardholder (person who has been diagnosed by a physician as having a debilitating medical condition) as defined by state law, or the designated primary caregiver of the cardholder as defined by state law.

(13) “Minor” means any person under 18 years of age.

(14) “Operator” means the person who is the proprietor of a dispensary or retailer, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. If the operator is a corporation, the term “operator” also includes each and every member of the corporation’s board of directors whose directorship occurs in a period during which the dispensary is in operation. If the operator is a partnership or limited liability company, the term “operator” also includes each and every member thereof whose membership occurs in a period during which the dispensary or retailer is in operation.

(15) “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or any group or combination acting as a unit, including the United States of America, the state of Oregon and any political subdivision thereof, or the manager, lessee, agent, servant, officer or employee of any of them.

(16) “Premises” means a location registered by the state of Oregon as either a medical marijuana dispensary or a recreational marijuana retailer and includes all areas at the location that are used in the business operated at the location, including offices, kitchens, restrooms, storerooms, and including all public and private areas where individuals are permitted to be present.

(17) “Retail sale price” means the price paid for a marijuana item, excluding tax, to a marijuana retailer by or on behalf of a consumer of the marijuana item. (Ord. 2045 (Exh. B), 2021; Ord. 2000 § 1, 2016)